If not delivered return to PO Box 7820 Canberra BC ACT 2610
21 April 2023
Our reference: LEX ID 73069
Me (Right to Know)
Only by email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Me
Acknowledgement of your Freedom of Information Request
I refer to your request for access to documents under the
Freedom of Information Act 1982
(the FOI Act). As discussed by email on 21 April 2023, you have agreed to revise the scope
of your request to:
1. Any emails or written correspondence that are:
a. dated 7 March - 29 November 2022, and b. related to the amendment to s
67CC(2), and c. not within scope of LEX71589, and d. sent or received by an entity
acting on behalf of Services Australia (e.g., employee, contractor, etc.). This includes
emails or written correspondence sent directly to or received directly from an external
source (e.g., a minister's office).
2. Any documents in the possession of Services Australia that explain or could be
perceived to explain why 'we [the Department of Education?] are looking at amending
s 67CC(2)(d)'
3. Any documents in the possession of Services Australia that confirm who the 'we' is
in 2 above
4. Any documents in the possession of Services Australia, not covered by point 2
above, that provide information as to what caused, prompted, or contributed to, the
Department of Education making the 1059 28 July 2022 request for advice (page 2).
5. I am not clear whether the 'comprehensive layperson explanation for internal use
only' was later published. Assuming it was not published, or that the internal version
is different to the published version, I request the final version of the 'comprehensive
layperson explanation for internal use only'.
6. A document setting out, from page 5, any/all 'Minister's Rule changes by 1 July
2023' that are conseuqent to or otherwise relate to the amendment to s 67CC(2)
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7. The names of any CCS claimants, where Services Australia considered those
claimant's claims as part of considering s 67CC(2) amendments (e.g., as an example
of why the amendment was needed, or a case study of what the amendment would
achieve, or similar). I wil grant extensions of time to consult with the relevant third
party CCS claimants
8. To the extent not included in point 5 above, a copy of (from page 9) 'the taper
graph demonstrating the new CCS rates and a very handy layperson explanation of
the amendments in the ED'
9. Documents that set out why Services Australia thought it mattered to make it so
that, from page 15 at [73], 'It would not matter whether or not the child received care
for which another individual was receiving CCS.'
10. Documents that set out why, from page 15 at [74], the 'policy intent' needed to be
clarified.
11. Documents documents that consider and/or justify, from page 15 at [75], the
retrospective application of the amendment.
12. Copies of any emails or written correspondence related to LEX71589 that were
sent or received by an SES or equivalent (regardless of which department the SES
worked for, and regardless of whether they were in the 'to', 'from, 'cc', or 'bcc' field).
13. Copies of any emails or written correspondence sent by or received by the
Agency to/from the Minister for Government Services (Minister, Minister’s office, or
ministerial staff) in relation to LEX 71589 (regardless of whether they were in the 'to',
'from, 'cc', or 'bcc' field). Additionally, any emails or written correspondence in
relation to LEX 71589 sent by or received by the Agency to/from another Minister.
Your request was received by Services Australia (the Agency) on 17 April 2023 and the 30
day statutory period for processing your request commenced from the day after that date.
You should therefore expect a decision from us by 17 May 2023. The period of 30 days may
be extended if we need to consult third parties or for other reasons. We wil advise you if this
happens.
The Agency wil advise you if a charge is payable to process your request and the amount of
any such charge as soon as practicable. No charge is payable for providing a person with
their own personal information.
Your Address
The FOI Act requires you provide us with an address which we can send notices to. You
have advised your electronic address is xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx.
We wil send all notices and correspondence to this address. Please advise us as soon as
possible if you wish correspondence to be sent to another address or if your address
changes. If you do not advise us of changes to your address, correspondence and notices
wil continue to be sent to the address specified above.
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Administrative Release of Documents
The Agency has administrative access arrangements (arrangements) for the release of
certain documents without the need for a formal FOI request. Unless you advise us
otherwise, in processing your request we may provide you with documents under these
arrangements where appropriate. The arrangements do not extend to information or
materials of third parties. You wil be notified when documents are released to you under the
arrangements.
Disclosure Log
Please note information released under the FOI Act may be published in a disclosure log on
the Agency's website. Section 11C of the FOI Act requires this publication, however it is
subject to certain exceptions, including where publication of personal, business, professional
or commercial information would be unreasonable.
Exclusion of junior staff details
The Agency is working towards ensuring all staff have a choice about whether they provide
their full name, personal logon identifiers and direct contact details in response to public
enquiries. Where such details are included in the scope of a request, this may add to
processing time and applicable charges as it may be necessary to consider whether the
details are exempt under the FOI Act. On this basis, unless you tell us otherwise, we will
assume these details are out of scope of your request and they wil be redacted under
section 22 of the FOI Act.
Further assistance
If you have any questions please email xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Cherie
FOI Practitioner
Freedom of Information Team
FOI and Ombudsman Branch | Legal Services Division
Services Australia
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