PO Box 7820 Canberra BC ACT 2610
15 May 2023
Our reference: LEX 72807
Mr Robert Stokes (Right to Know)
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Stokes
Decision on your Freedom of Information Request
I refer to your request received by Services Australia (the
Agency) on 1 April 2023 for access
under the
Freedom of Information Act 1982 (the
FOI Act) to the following documents:
Please provide a copy of the document "Assessing and coding medical evidence for a
temporary incapacity exemption”.
My decision
The Agency holds one document (totalling 40 pages) that relates to your request.
I have decided to grant you
part access to the document with some of the content removed.
I have decided that certain parts of the document you requested are exempt under the FOI
Act, because it contains operational information, the disclosure of which would have a
substantial adverse effect on the proper and efficient conduct of the operations of the Agency,
and I am satisfied that release would be contrary to the public interest (section 47E(d) of the
FOI Act).
Please see the schedule at
Attachment A to this letter for a description of the document and
the reasons for my decision, including the relevant sections of the FOI Act.
How we wil send your document to you
The document is 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. See
Attachment B for more
information about how to request a review.
Further assistance
If you have any questions please email xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
PAGE 1 OF 8
Yours sincerely
Leanne
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Ombudsman Branch | Legal Services Division
Services Australia
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PO Box 7820 Canberra BC ACT 2610
REASONS FOR DECISION
What you requested
Please provide a copy of the document "Assessing and coding medical evidence for a
temporary incapacity exemption”.
What I took into account
In reaching my decision I took into account:
• your original request dated 1 April 2023
• the document that falls 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 document
o the Agency's operating environment and functions
• guidelines issued by the Australian Information Commissioner under section 93A of
the FOI Act (the
Guidelines), and
• the FOI Act.
Reasons for my decisions
I am authorised to make decisions under section 23(1) of the FOI Act.
I have decided that certain parts of the document you requested are exempt under the FOI
Act. My findings of fact and reasons for deciding that the exemption applies to that document
are discussed below.
Section 47E(d) of the FOI Act – Operations of the Agency
I have applied the conditional exemption in section 47E(d) to parts of Document 1.
Section 47E(d) of the FOI Act relevantly provides:
A document is conditionally exempt if its disclosure under this Act would, or could
reasonably be expected to […]:
(d) have a substantial adverse effect on the proper and efficient conduct of the
operations of an Agency.
I have found that parts of the document contain material that is conditionally exempt from
release under section 47E(d) including:
• details of Agency operational processes and guidelines for Agency employees, that are
not publicly available and which relate to the operations and management of a program
administered by the Agency, and
• details of the Agency’s system identifiers held on the Agency’s network.
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I consider that releasing the exempt material to you would negatively affect the conduct of the
operations of the Agency. This is because release of the exempt material would allow
customers to circumvent established processes and procedures relating to the assessment of
medical evidence for temporary incapacity exemptions. This in turn would compromise the
Agency’s alibility to provide equitable treatment to customers, provide payment assurance
through compliance functions, and ensure the effective delivery of associated functions.
Furthermore, it is reasonably likely that disclosure of the exempt material would allow
individuals to manipulate the Agency’s processes to their own advantage and compromise the
Agency’s ability to accurately assess and code medical evidence for temporary incapacity
exemptions.
The Agency holds a large amount of data on internal network drive locations and in internal
systems and databases, which are accessed by Agency staff. I am satisfied that the
information within the document relating to the Agency’s internal systems and data storage
locations is not currently publicly available. If this information were to be made publicly
available, the Agency’s ability to protect Agency data could be compromised. As the Agency
holds a large amount of personal information relating to customers, the Agency must ensure
that information that may compromise the security of this information is not released. The
Agency must ensure its ability to protect the networks, and maintain the security of data held,
to mitigate current and future cyber security risks.
Whilst 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, so I must
consider actions any member of the public might take once the information enters the public
domain and is available to the world at large.
Public interest considerations
Section 11A(5) of the FOI Act provides:
'The Agency or Minister must give the person access to the document if it is
conditionally exempt at a particular time unless (in the circumstances) access to the
document at that time would, on balance, be contrary to the public interest.'
When weighing up the public interest for and against disclosure under section 11A(5) of the
FOI Act, I have taken into account relevant factors in favour of disclosure. In particular, I have
considered the extent to which disclosure would promote the objects of the FOI Act, and inform
debate on a matter of public importance.
I have also considered the relevant factors weighing against disclosure, indicating that access
would be contrary to the public interest. In particular, I have considered the extent to which
disclosure could reasonably be expected to:
• impact the Agency’s ability to maintain the privacy and security of personal information
• impact the Agency’s ability to properly and efficiently deliver services to the public, and
• adversely affect or harm the interests of an individual or group of individuals, particularly
vulnerable customers, by providing the information necessary for customers to gain
access to tailored service options without eligibility, therefore restricting the availability
of these resources for the vulnerable cohorts they were designed to service.
Based on these factors, I have decided that in this instance, the public interest in disclosing
the information in the above-mentioned document is outweighed by the public interest against
disclosure.
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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.
Summary of my decision
In conclusion, I have decided to grant you part access to one document.
I have decided that Document 1 is conditionally exempt, in part, under section 47E(d) of the
FOI Act, and disclosure would be contrary to the public interest for the purposes of section
11A(5).
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PO Box 7820 Canberra BC ACT 2610
Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Asking for a ful explanation of a Freedom of Information decision
Before you ask for a formal review of a FOI decision, you can contact us to discuss your
request. We wil explain the decision to you. This gives you a chance to correct
misunderstandings.
Asking for a formal review of an Freedom of Information decision
If you stil 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 wil carry out the review. The Internal Review Officer wil 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 fil 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 wil have 60 days to apply in writing for a review by the Australian Information
Commissioner.
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You can
lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
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 is available at
www.oaic.gov.au.
• If you have one, you should include with your application a copy of the Agency’s
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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