PO Box 7820 Canberra BC ACT 2610
14 June 2023
Our reference: LEX 73069
Me (Right to Know)
Only by email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Me
Decision on your Freedom of Information Request
I refer to your request received by Services Australia (the Agency) on 17 April 2023, and
subsequently revised on 21 April 2023, for access under the
Freedom of Information Act 1982
(the FOI Act) to the following documents:
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)
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
PAGE 1 OF 11
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 mat ered 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 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 of ice, 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.
My decision
The Agency holds one document (totalling 58 pages) that relates to your request.
I have decided to:
• grant you
part access to one document (Document 1) with some of the content
removed, and
•
refuse Points 1 to 11 (inclusive) and Point 13 of your request, under section 24A of the
FOI Act on the basis that all reasonable steps have been taken to locate the documents
that you have requested and I am satisfied they do not exist.
I have decided that parts of Document 1 are exempt under the FOI Act as it includes:
• information that, if released, could be expected to have a substantial adverse effect on
the proper and efficient conduct of the operations of the Agency, the disclosure of which
would be contrary to the public interest (section 47E(d) conditional exemption)
• deliberative matter, the disclosure of which would be contrary to the public interest
(section 47C conditional exemption), and
• personal information of third parties, the disclosure of which would be unreasonable
and contrary to the public interest (section 47F(1) conditional exemption).
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 sections of the FOI Act.
How we wil send your documents to you
The documents are attached.
PAGE 2 OF 11
Please note that pages 5-10, 15-20, 22-24, 29-35, 39, 42, 44-46, 50-51, 54, 57-58 inclusive,
have no content once exempt material and duplicates have been redacted and therefore those
pages are not provided.
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.
Yours sincerely
Leanne
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Ombudsman Branch | Legal Services Division
Services Australia
PAGE 3 OF 11
PO Box 7820 Canberra BC ACT 2610
REASONS FOR DECISION
What you requested
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)
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 mat ered 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 that consider and/or justify, from page 15 at [75], the retrospective
application of the amendment.
PAGE 5 OF 11
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 related to LEX71589 that were sent
or received by a minister, minister's office, or ministerial staff (regardless of which
minister, and regardless of whether they were in the 'to', 'from, 'cc', or 'bcc' field).
On 20 April 2023 and 21 April 2023, I wrote to you about your original request, in particular in
relation to Point 13. You revised Point 13 of your request and this was confirmed by email on
21 April 2023.
Your revised request for Point 13 was:
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 of ice, 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.
What I took into account
In reaching my decision I took into account:
• your original request dated 17 April 2023 and your revised request on 21 April 2023
• other discussions and correspondence with you
• 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 searches conducted for the documents requested
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 decision
I am authorised to make decisions under section 23(1) of the FOI Act.
I have decided that certain parts of Document 1 are exempt under the FOI Act. My findings of
fact and reasons for deciding that the exemption applies to that document are discussed below.
Operations of the Agency
I have applied the conditional exemption in section 47E(d) of the FOI Act to parts of Document
1.
PAGE 6 OF 11
This section of the FOI Act allows the Agency to redact material from a document if its
disclosure would have a serious and significant effect on the Agency’s ability to conduct its
operations efficiently and properly.
Document 1 contains Agency positional mailboxes and I consider that releasing the exempt
material to you would negatively affect the conduct of the operations of the Agency. This is
because the Agency’s purpose is to provide high-quality government services and payments
to Australians. It is a large, public facing, government organisation with many points of contact
designed to facilitate its purpose. The Agency has established channels of communication for
customers and members of the public, which have been put in place to ensure the effective
management of the significant volume of communication received.
Such channels include dedicated and externally published positional mailboxes of different
business areas within the Agency. These have been established to ensure correspondence is
directed to the correct area and actioned accordingly.
If internal positional mailbox details were to be made publicly available, correspondence
directed to these mailboxes could be mishandled, lost, duplicated or double-handled on
account of it not being directed to the most appropriate teams through the publicly available
communication channels. Noting the Agency’s interactions with the public number in the
hundreds of mil ions, diverting people from correct channels cannot be appropriately
categorised as insubstantial or nominal.
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
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 Agency’s internal
positional mailboxes would prejudice the Agency’s ability to properly and efficiently manage
contact with the public.
Accordingly, I am satisfied the public interest factors in favour of disclosing the material are
outweighed by the public interest against disclosure.
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.
Deliberative material
I have applied the conditional exemption in section 47C to parts of Document 1.
Section 47C of the FOI Act provides a document is conditionally exempt if it would disclose
deliberative matter. Deliberative matter is an opinion, advice or recommendation, or a
consultation or deliberation that has taken place in the course of, or for the purposes of, the
deliberative processes of an Agency. Material which is operational or purely factual information
is not deliberative. The deliberative exemption also does not apply to reports of scientific or
technical experts, reports of a body or organisation prescribed by the regulations, or a formal
statement of reasons.
PAGE 7 OF 11
I have applied this exemption to Document 1. I am satisfied the document contains deliberative
material, being opinions, advice and recommendations that have been prepared by Agency
staff for the purpose of managing freedom of information requests and consultations that have
taken place with other Australian Government agencies. I am also satisfied the document is
not operational information or purely factual information, and is otherwise not of a kind
specifically excluded by the FOI Act.
Accordingly, I am of the view that the information is also conditional y exempt under section
47C of the FOI Act.
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 could reasonably be
expected to prejudice the Agency’s ability to:
• efficiently and effectively manage freedom of information requests, by inhibiting the
provision of opinions, advice and recommendations by Agency staff, and
• undertake effective consultations with other Australian Government agencies in the
future and impede the Agency’s capacity to receive frank and open responses in future
consultation processes.
That is, I consider that disclosure would inhibit frankness and candour in the provision of
advice, opinions and consultations between Agency staff in relation to deliberative processes
concerning the Agency’s functions and activities. This would prejudice the management
functions of the Agency including limiting the Agency’s ability to form an analysis and present
recommendations in response to freedom of information requests.
Based on these factors, I have decided that, in this instance, the public interest in disclosing
the deliberative information in Document 1 is outweighed by the public interest against
disclosure.
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
Unreasonable disclosure of personal information
I have applied the conditional exemption in section 47F(1) to Document 1.
This section of the FOI Act allows the Agency to redact material from a document if its
disclosure would result in the unreasonable disclosure of personal information about any
person (including a deceased person).
Personal information is information or an opinion about an identified individual, or an individual
who is reasonably identifiable. It can include a person's name, address, telephone number,
date of birth, medical records, bank account details, taxation information and signature. I am
satisfied that Document 1 contains personal information of other people, being their names,
telephone details, location details, employment details and email addresses of Agency staff.
I am satisfied that the disclosure of the third party personal information would be unreasonable
as you do not have the consent from these individuals for the release of their personal
information and the information is private and not publicly available.
PAGE 8 OF 11
On this basis, I have decided that the personal information included in the document referred
to in the Schedule is conditionally exempt under section 47F(1) of the FOI Act.
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 disclosure of the material would generally promote the
objects of the FOI Act.
However, I have also considered the relevant factors weighing against disclosure, indicating
access would be contrary to the public interest. I have considered the extent to which
disclosure could reasonably be expected to prejudice individuals’ right to privacy and adversely
affect the individual’s interest.
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.
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.
Documents do not exist
Section 24A of the FOI Act permits an Agency to refuse a request for access to a document if
al reasonable steps have been taken to find the documents, and the Agency is satisfied that
the documents cannot be found, or do not exist.
The Families and Child Care Branch conducted searches of the Agency’s electronic files in
relation to Points 1 to 13 of your FOI request. This Branch did not identify any additional
documents pertaining to Points 1 to 13, which have not already been provided to you in relation
to your previous FOI request, LEX 71589.
Searches were also conducted by the Freedom of Information and Ombudsman Branch of the
Agency’s electronic files in relation to Points 12 and Point 13 of your FOI request. This Branch
did not identify any documents pertaining to Point 13 of your request.
On the basis of the searches above, I am satisfied that in accordance with section 24A of the
FOI Act all reasonable steps have been taken to find the documents detailed in Points 1 to 11
(inclusive) and Point 13 of your FOI request, and they do not exist.
Summary of my decision
In conclusion, I have decided to:
• grant you
part access to one document, and
•
refuse Parts 1 to 11 (inclusive) and Part 13 of your request under Section 24A of the
FOI Act on the basis that all reasonable steps have been taken to locate the documents
sought by these parts of the request, and I am satisfied they do not exist.
I have decided that Document 1 is conditionally exempt, in part, under sections 47C, 47E(d)
and 47F of the FOI Act, and disclosure would be contrary to the public interest for the
purposes of section 11A(5).
PAGE 9 OF 11
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 ful 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 wil explain the decision to you. This gives you a chance to correct
misunderstandings.
Asking for a formal review of a FOI 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.
You can
lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
PAGE 10 OF 11
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 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.
PAGE 11 OF 11
