LEX 72239 Decision Decision Letter.pdf

If not delivered return to PO Box 7820 Canberra BC ACT 2610
18 April 2023
Our reference: LEX 72239
Centrelink Customer
Right to Know
Only by email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Centrelink Customer
Decision on your Freedom of Information Request
I refer to your request received by Services Australia (the Agency) on 5 March 2023 for
access under the Freedom of Information Act 1982 (the FOI Act) to the following documents:
I request a copy of operational blueprints relating to Section 24, such as:
110-19111307
106-07120080
My decision
The Agency holds two documents (totalling 56 pages) that relate to your request.
I have decided to grant you part access to two documents (Documents 1 and 2) with some
of the content removed.
I have decided parts of these documents are exempt under the FOI Act because they contain
operational information, the disclosure of which would, or could reasonably be expected to,
have a substantial adverse effect on the proper and efficient conduct of the operations of the
Agency and release is contrary to the public interest.
Please see the schedule at Attachment A to this letter for a detailed list of the documents
and the reasons for my decision, including the relevant section of the FOI Act.
How we will send your documents to you
The documents are attached.
You can ask for a review of our decision
If you disagree with any part of the decision you can ask for a review. There are two ways
you can do this. You can ask for an internal review from within the Agency, or an external
review by the Office of the Australian Information Commissioner. You do not have to pay for
a review of the decision. See Attachment B for more information about how to request a
review.
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Further assistance
If you have any questions please email xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Elizabeth
FOI Practitioner
Freedom of Information Team
FOI and Ombudsman Branch | Legal Services Division
Services Australia
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If not If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment A
SCHEDULE OF DOCUMENTS FOR RELEASE
Centrelink Customer (RIGHT TO KNOW) - LEX 72239
Doc  Pages
Date
Description
Decision
Exemption
Comments
No.
1.
1-37
7 March
Treatment of a partnered person  Release in part
s 47E(d)
Information which, if released, would or could
2023
as single under Section 24 new
reasonably be expected to have a substantial
determinations 106-07120080
adverse effect on the proper and efficient
conduct of the operations of the Agency deleted
under s 47E(d)
Out of scope information deleted under s 22
2.
38-56
6 February
Member of a couple reviews –
Release in part
s 47E(d)
Information which, if released, would or could
2023
Section 24 110-19111307
reasonably be expected to have a substantial adverse
effect on the proper and efficient conduct of the
operations of the Agency deleted under s 47E(d)
Out of scope information deleted under s 22
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If not delivered return to PO Box 7820 Canberra BC ACT 2610
REASONS FOR DECISION
What you requested
On 5 March 2023, you requested:
I request a copy of operational blueprints relating to Section 24, such as:
110-19111307
106-07120080
What I took into account
In reaching my decision I took into account:
• your request dated 5 March 2023
• your submissions provided by email on 27 March 2023
• the documents that fall within the scope of your request
• whether the release of material is in the public interest
• consultations with Agency officers about
o the nature of the documents
o the Agency's operating environment and functions
• guidelines issued by the Australian Information Commissioner under section 93A of
the FOI Act (the Guidelines)
• the FOI Act.
Reasons for my decision
I am authorised to make decisions under section 23(1) of the FOI Act.
I have decided that parts of the documents you requested are exempt under the FOI Act.
Operations of the Agency
I have applied the exemption in section 47E(d) of the FOI Act to parts of Documents 1 and 2.
This section of the FOI Act allows the Agency to determine that material is exempt from
release if its disclosure would have a serious or significant effect on the Agency’s ability to
conduct its operations efficiently and properly.
The requested documents contain operational processes and discretionary decision-making
guidance for Agency employees. I am satisfied this information is relevant to the operations
and management of an assessment process administered by the Agency, and is therefore
relevant to the conduct of the Agency’s operations.
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I consider providing the exempt material to you, which is not publicly available, would
negatively affect the conduct of the operations of the Agency because it would enable
customers to manipulate or circumvent processes in relation to section 24, for the purpose of
obtaining a favourable decision. Furthermore, it is reasonably likely that disclosure of this
material would also allow individuals to present themselves in such a manner that would
allow them to obtain an outcome to their own advantage and for monetary gain. I also
consider some of the exempt material containing detailed system coding instructions for staff
could be used as a ‘how to’ guide by a malicious user to navigate the Agency’s system and
manipulate a section 24 assessment.
While I have no reason to believe you would misuse the exempt material in this way, the FOI
Act does not control or restrict use or dissemination of the information once released in
response to an FOI request, so I must consider actions any member of the public might take
if the information enters the public domain.
Public interest considerations
Access to conditionally exempt material must be given unless I am satisfied it would not be in
the public interest to do so.
I consider the disclosure of the material would generally promote the objects of the FOI Act,
which is in the public interest.
However, I also consider disclosure of the exempt material would
• prejudice the Agency’s ability to properly and efficiently deliver services to the public
by providing information which would allow customers to bypass or manipulate the
Agency’s established processes to receive a favourable decision they would
otherwise not be entitled to, and
• prejudice the Agency’s ability to provide services promptly and effectively to the
Australian public, including those whom are vulnerable or in crisis.
As such, I find the public interest factors in favour of disclosing the material are outweighed
by the public interest factors against disclosure, and that release of the material in question
would be contrary to the public interest.
I have not taken into account any of the irrelevant factors set out in section 11B(4) of the FOI
Act in making this decision.
I have deleted the exempt information in the documents and released the remaining material
in accordance with section 22(1) of the FOI Act.
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If not If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Asking for a full explanation of a Freedom of Information (FOI) decision
Before you ask for a formal review of a FOI decision, you can contact us to discuss your
request. We will explain the decision to you. This gives you a chance to correct
misunderstandings.
Asking for a formal review of a FOI decision
If you still believe a decision is incorrect, the Freedom of Information Act 1982 (FOI Act)
gives you the right to apply for a review of the decision. Under sections 54 and 54L of the
FOI Act, you can apply for a review of an FOI decision by:
1. an Internal Review Officer in Services Australia (the Agency), and/or
2. the Australian Information Commissioner.
Applying for an internal review by an Internal Review Officer
If you apply for internal review, a different decision maker to the Agency delegate who made
the original decision will carry out the review. The Internal Review Officer will consider all
aspects of the original decision and decide whether it should change. An application for
internal review must be:
• made in writing
• made within 30 days of receiving this letter
• sent to the address at the top of the first page of this letter.
Note: You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
If you do not receive a decision from an Internal Review Officer in the Agency within 30 days
of applying, you can ask the Australian Information Commissioner for a review of the original
FOI decision.
You will have 60 days to apply in writing for a review by the Australian Information
Commissioner.
You can lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
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GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Note: The Office of the Australian Information Commissioner generally prefers FOI
applicants to seek internal review before applying for external review by the Australian
Information Commissioner.
Important:
• If you are applying online, the application form the 'Merits Review Form' is available
at www.oaic.gov.au.
• If you have one, you should include with your application a copy of the Services
Australia decision on your FOI request
• Include your contact details
• Set out your reasons for objecting to the Agency's decision.
Complaints to the Australian Information Commissioner and Commonwealth
Ombudsman
Australian Information Commissioner
You may complain to the Australian Information Commissioner concerning action taken by
an agency in the exercise of powers or the performance of functions under the FOI Act,
There is no fee for making a complaint. A complaint to the Australian Information
Commissioner must be made in writing. The Australian Information Commissioner's contact
details are:
Telephone:     1300 363 992
Website:      www.oaic.gov.au
Commonwealth Ombudsman
You may also complain to the Commonwealth Ombudsman concerning action taken by an
agency in the exercise of powers or the performance of functions under the FOI Act. There is
no fee for making a complaint. A complaint to the Commonwealth Ombudsman may be
made in person, by telephone or in writing. The Commonwealth Ombudsman's contact
details are:
Phone:        1300 362 072
Website:      www.ombudsman.gov.au
The Commonwealth Ombudsman generally prefers applicants to seek review before
complaining about a decision.
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