LEX 57761
Decision and Statement of reasons issued under the Freedom of
Information Act 1982
Decision and reason for decision of Brett (Position Number 62331110),
Acting Director, Information Access Unit,
Client Access and Rehabilitation Branch, Department of Veterans' Affairs
Applicant:
Mr Alan L Ashmore
Date of primary decision:
12 May 2023
FOI reference number (Primary): LEX 57211
Internal review decision date:
12 June 2023
Internal review reference number: LEX 57761
Sent by email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Ashmore,
Freedom of Information Internal Review Request: LEX 57761
Decision
1. The purpose of this letter is to give you a decision about your request for internal review for
the decision made in LEX 57211 under the
Freedom of Information Act 1982 (Cth) (
FOI Act)
2. I have made the decision to affirm the original decision made by Ramona (Position Number
62336362), Information Access Officer, Information Access Unit, Client Access Rehabilitation
Branch. That decision was to grant full access to the document within the scope of your
request.
Authority to make decision
3. I, Brett (Position Number 62331110), Acting Director, Information Access Unit, Client Access
Rehabilitation Branch, am an officer authorised by the Secretary of the Department to make
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decisions about access to documents in the possession of the Department in accordance
with section 23(1) of the FOI Act.
Summary
Original Decision
4. On 13 April 2023 you made a request for access to a document in the possession of the
Department. Your request sought access to:
‘…With reference to Open Arms, I require the fol owing information, namely:
: The number of full time equivalent, (FTE), APS staff,
: The number of FTE contracted staff, and
: The percentage of total staff involved in the fol owing activities:
-
Administration/clerical duties,
-
Frontline counsel ing, and
-
Managing contracted staff…’
5. On 14 April 2023, the Department acknowledged your request via email.
6. As no extensions of time were applied to process your request, a decision on your request
was due by 15 May 2023.
Internal Review
7. After receiving the Department's decision on 12 May 2023, you contacted the Department
on 12 May 2023 requesting an internal review of the handling of this FOI request. Your
internal review request was made in the following terms:
' I am writing to request an internal review of Department of Veterans' Affairs'
handling of my FOI request 'Open Arms staffing levels'.
Under righttoknow this is the only option I can use to make further contact with you.
The issue is there seems to be a large addition error to part 3 of your response, i.e.
the percentages only add up to 59.5% and not 100%
I ask that you re-issue your response to this request to reflect the correct
percentages.'
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'
8. On 17 May 2023, I emailed you and provided you with the remaining staffing data
administratively and requested you withdraw this internal review, as the document provided
to you did meet the scope of your initial FOI request. As I have not had a response to my
request I am proceeding with this FOI internal review decision.
9. As your application was made within the 30 day of the original decision being made, the
internal review decision is valid.
10. As no extension of time has been applied to process this internal review, a decision on your
internal review application is due 12 Jun 2023.
Material taken into account
11. In accordance with section 26(1)(a) of the FOI Act, my findings on any material question of
fact, the material on which those findings were based and the reasons for my decision to
grant partial access to the document follows
12. I have taken the following material into account in making my decision.
• the terms of your original request made on 13 April 2023 and the original decision
made on this request on 12 May 2023;
• the records of the searches carried out in processing your original request;
• the terms of your internal review request made on 12 May 2023;
• the types of information and documents that are in the Department's possession;
• the content of the document that fal within the scope of your request;
• Sections 3, 11 and 11A of the FOI Act which give the Australian community a legally
enforceable right to obtain access to information held by the Government of the
Commonwealth. I have also considered the following provisions of the FOI Act
relevant to my decision:
- Section 15 Request for Access
- Section 17 Requests involving use of computers etc. (e.g. request for the
Department to create a document)
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- Section 54C Internal review - decision on internal review; and
• the Guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act (
FOI Guidelines);
13. A full extract of all FOI Act provisions used to make my decision are provided in
Schedule 2.
Reasons for decision
14. I have decided to affirm the original decision made on 12 May 2023 to grant full access to
the document within the scope of your request, subject to the fol owing provisions in the FOI
Act.
Access to documents
15. You were provided with the document previously, on 12 May 2023, as part of the primary
FOI decision LEX 57211. I have therefore not enclosed the document again.
Your rights of review
16. If you are dissatisfied with my decision you may apply for Information Commissioner Review
of the decision through the Office of the Australian Information Commissioner (
OAIC).
OAIC review
17. Under section 54L of the FOI Act, you may apply to the OAIC to review my decision. An
application for review by OAIC must be made in writing within 60 days of the date of this
letter, and be lodged in one of the fol owing ways:
Online:
www.oaic.gov.au
Post:
Director of FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218, Sydney NSW 2001
Facsimile:
(02) 9284 9666
Phone:
1300 363 992
Email:
xxxxx@xxxx.xxx.xx
18. More information about your review rights under the FOI Act is available in Fact Sheet 12
published by the OAIC:
https://www.oaic.gov.au/freedom-of-information/reviews-and-
complaints/information-commissioner-review/
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Contact us
19. If you wish to discuss this decision, please do not hesitate to contact the Information Access
Unit using the following details:
Online:
https://www.dva.gov.au/about-us/overview/reporting/freedom-
information/access-information
Post:
Information Access Unit
Department of Veterans' Affairs
GPO Box 9998, Brisbane QLD 4001
Phone:
1800 838 372
Email:
xxxxxxxxxxx.xxxxxx@xxx.xxx.xx
Yours sincerely,
Brett (Position Number 62331110)
Acting Director
Information Access Unit
Client Access and Rehabilitation Branch
Department of Veterans' Affairs
12 June 2023
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LEX 57761
Schedule 1
Document schedule
Applicant:
Mr Alan L Ashmore
Decision date:
12 June 2023
FOI reference number:
LEX 57761
Document Date of
Document description
Page
Decision
Exemption
reference document
number
provision
1
24/03/2023 Open Arms Data 31/03/2023
1
Release
s 17
6
LEX 57761
Schedule 2
Schedule of relevant provisions in the FOI Act
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Objects - general
(1)
The objects of this Act are to give the Australian community access to information held by
the Government of the Commonwealth or the Government of Norfolk Island, by:
(a)
requiring agencies to publish the information; and
(b)
providing for a right of access to documents.
(2)
The Parliament intends, by these objects, to promote Australia's representative democracy
by contributing towards the fol owing:
(a)
increasing public participation in Government processes, with a view to promoting
better informed decision-making;
(b)
increasing scrutiny, discussion, comment and review of the Government's
activities.
(3)
The Parliament also intends, by these objects, to increase recognition that information held
by the Government is to be managed for public purposes, and is a national resource.
(4)
The Parliament also intends that functions and powers given by this Act are to be
performed and exercised, as far as possible, to facilitate and promote public access to
information, promptly and at the lowest reasonable cost.
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Right of access
(1)
Subject to this Act, every person has a legally enforceable right to obtain access in
accordance with this Act to:
(a)
a document of an agency, other than an exempt document; or
(b)
an official document of a Minister, other than an exempt document.
(2)
Subject to this Act, a person's right of access is not affected by:
(a)
any reasons the person gives for seeking access; or
(b)
the agency's or Minister's belief as to what are his or her reasons for seeking
access.
11A Access to documents on request
Scope
(1)
This section applies if:
(a)
a request is made by a person, in accordance with subsection 15(2), to an agency or
Minister for access to:
(i)
a document of the agency; or
(ii)
an official document of the Minister; and
(b)
any charge that, under the regulations, is required to be paid before access is given
has been paid.
(2)
This section applies subject to this Act.
Note:
Other provisions of this Act are relevant to decisions about access to documents, for example the fol owing:
(a)
section 12 (documents otherwise available);
(b)
section 13 (documents in national institutions);
(c)
section 15A (personnel records);
(d)
section 22 (access to edited copies with exempt or irrelevant matter deleted).
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Mandatory access - general rule
(3)
The agency or Minister must give the person access to the document in accordance with
this Act, subject to this section.
Exemptions and conditional exemptions
(4)
The agency or Minister is not required by this Act to give the person access to the
document at a particular time if, at that time, the document is an exempt document.
Note:
Access may be given to an exempt document apart from under this Act, whether or not in response to a request
(see section 3A (objects - information or documents otherwise accessible)).
(5)
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.
Note 1: Division 3 of Part IV provides for when a document is conditional y exempt.
Note 2: A conditional y exempt document is an exempt document if access to the document would, on balance, be
contrary to the public interest (see section 31B (exempt documents for the purposes of Part IV)).
Note 3: Section 11B deals with when it is contrary to the public interest to give a person access to the document.
(6)
Despite subsection (5), the agency or Minister is not required to give access to the
document at a particular time if, at that time, the document is both:
(a)
a conditional y exempt document; and
(b)
an exempt document:
(i)
under Division 2 of Part IV (exemptions); or
(ii)
within the meaning of paragraph (b) or (c) of the definition of exempt
document in subsection 4(1).
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Requests for access (as related to the requirements for requests)
Persons may request access
(1) Subject to section 15A, a person who wishes to obtain access to a document of an agency
or an official document of a Minister may request access to the document.
Requirements for request
(2)
The request must:
(a)
be in writing; and
(aa) state that the request is an application for the purposes of this Act; and
(b)
provide such information concerning the document as is reasonably necessary to
enable a responsible officer of the agency, or the Minister, to identify it; and
(c)
give details of how notices under this Act may be sent to the applicant (for
example, by providing an electronic address to which notices may be sent by
electronic communication).
(2A) The request must be sent to the agency or Minister. The request may be sent in any of the
following ways:
(a)
delivery to an officer of the agency, or a member of the staff of the Minister, at the
address of any central or regional office of the agency or Minister specified in a
current telephone directory;
(b)
postage by pre-paid post to an address mentioned in paragraph (a);
(c)
sending by electronic communication to an electronic address specified by the
agency or Minister.
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Requests involving use of computers etc
(1)
Where:
(a)
a request (including a
request in relation to which
a practical refusal reason exists)
is made in accordance with the requirements o
f subsection 15(2) to an
agency;
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(b)
It appears from the
request that the desire of th
e applicant is for information that
is not available in discrete form in writte
n documents of the
agency; and
(ba)
it does not appear from the
request that th
e applicant wishes to be provided with
a computer tape or computer disk on which the information is recorded; and
(c)
th
e agency could produce a written
document containing the information in
discrete form by:
(i) the use of a computer or other equipment that is ordinarily available to the
agency for retrieving or collating stored information; or
(ii) the making of a transcript from a sound recording held in th
e agency;
th
e agency shall deal with the
request as if it were
a request for access to a written
document so produced and containing that information and, for that purpose, this Act
applies as if th
e agency had such
a document in its possession.
(2)
An
agency is not required to comply wit
h subsection (1) if compliance would substantially and
unreasonably divert the resources of the
agency from its other operations.
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Access to edited copies with exempt or irrelevant matter deleted
Scope
(1)
This section applies if:
(a)
an agency or Minister decides:
(i)
to refuse to give access to an exempt document; or
(ii)
that to give access to a document would disclose information that would
reasonably be regarded as irrelevant to the request for access; and
(b)
it is possible for the agency or Minister to prepare a copy (an edited copy) of the
document, modified by deletions, ensuring that:
(i)
access to the edited copy would be required to be given under section 11A
(access to documents on request); and
(ii)
the edited copy would not disclose any information that would reasonably
be regarded as irrelevant to the request; and
(c)
it is reasonably practicable for the agency or Minister to prepare the edited copy,
having regard to:
(i)
the nature and extent of the modification; and
(ii)
the resources available to modify the document; and
(d)
it is not apparent (from the request or from consultation with the applicant) that
the applicant would decline access to the edited copy.
Access to edited copy
(2)
The agency or Minister must:
(a)
prepare the edited copy as mentioned in paragraph (1)(b); and
(b)
give the applicant access to the edited copy.
Notice to applicant
(3)
The agency or Minister must give the applicant notice in writing:
(a)
that the edited copy has been prepared; and
(b)
of the grounds for the deletions; and
(c)
if any matter deleted is exempt matter - that the matter deleted is exempt matter
because of a specified provision of this Act.
(4)
Section 26 (reasons for decision) does not apply to the decision to refuse access to the
whole document unless the applicant requests the agency or Minister to give the applicant
a notice in writing in accordance with that section.
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23
Decisions to be made by authorised persons
(1)
Subject to subsection (2), a decision in respect of a request made to an agency may be
made, on behalf of the agency, by the responsible Minister or the principal officer of the
agency or, subject to the regulations, by an officer of the agency acting within the scope of
authority exercisable by him or her in accordance with arrangements approved by the
responsible Minister or the principal officer of the agency.
(2)
A decision in respect of a request made to a court, or made to a tribunal, authority or body
that is specified in Schedule 1, may be made on behalf of that court, tribunal, authority or
body by the principal officer of that court, tribunal, authority or body or, subject to the
regulations, by an officer of that court, tribunal, authority or body acting within the scope
of authority exercisable by him or her in accordance with arrangements approved by the
principal officer of that court, tribunal, authority or body.
26
Reasons and other particulars of decisions to be given
(1)
Where, in relation to a request, a decision is made relating to a refusal to grant access to a
document in accordance with the request or deferring provision of access to a document,
the decision-maker shall cause the applicant to be given notice in writing of the decision,
and the notice shal :
(a)
state the findings on any material questions of fact, referring to the material on
which those findings were based, and state the reasons for the decision; and
(aa)
in the case of a decision to refuse to give access to a conditionally exempt
document - include in those reasons the public interest factors taken into account
in making the decision; and
Note:
Access must general y be given to a conditional y exempt document unless it would be contrary to the public
interest (see section 11A).
(b)
where the decision relates to a document of an agency, state the name and
designation of the person giving the decision; and
(c)
give to the applicant appropriate information concerning:
(i)
his or her rights with respect to review of the decision;
(ii)
his or her rights to make a complaint to the Information Commissioner in
relation to the decision; and
(iii)
the procedure for the exercise of the rights referred to in subparagraphs (i)
and (ii); including (where applicable) particulars of the manner in which an
application for internal review (Part VI) and IC review (Part VII) may be
made.
(1A)
Section 13 of the Administrative Decisions (Judicial Review) Act 1977 does not apply to a
decision referred to in subsection (1).
(2)
A notice under this section is not required to contain any matter that is of such a nature
that its inclusion in a document of an agency would cause that document to be an exempt
document.
(see section 11A).
54C
Internal Review - decision on internal review
Scope
(1) This section applies if an application fo
r internal review o
f an access refusal decision or an
access grant
decision (the original decision) is made in accordance with this Part.
Decision
(2) The
agency must, as soon as practicable, arrange for a person (other than the person who made
the original decision) to review the decision.
(3) The person must make a fresh decision on behalf of th
e agency within 30 days after the day on
which the application was received by, or on behalf of, th
e agency.
Notice of decision
(4)
Section 26 extends to a decision made under this section.
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Document Outline
