If not delivered return to PO Box 7820 Canberra BC ACT 2610
18 August 2023
Our reference: LEX 75376
Frank N Fearless (Right to Know)
Only by email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Frank N Fearless
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). You requested access to:
Following recent AAT decisions and Ombudsman reports highlighting the failures of
the Agency in understanding and applying legislation, I seek the following
documents:
1. For income apportionment debts: The General Instructions for Decision makers
created by DSS for Services Australia decision-makers to apply referred to in the
Ombudsman's recent statement (Recommendation 2):
https://www.ombudsman.gov.au/__data/assets/pdf_file/0040/299947/Commonwealth
-Ombudsman-public-statement-regarding-OMI-Income-Apportionment-
Lawfulness.pdf#:~:text=The%20Ombudsman%20used%20section%209%20of%20th
e%20Ombudsman,a%20section%209%20notice%20without%20a%20reasonable%2
0excuse.
In the event there is a version change prior to my request being finalised, I would like
both versions of the document, original and updated please.
I'm requesting this from you, not DSS, as it constitutes operational information of
Services Australia.
Can I also get the date this General Instructions document was published by
Services Australia in compliance with its obligations under section 8(D)(3), Freedom
of Information Act 1982 (Cth)
I also seek the revised policy on grossed up bank statement debts referred to by
Senior Member Webb in Jackson and Secretary, Department of Social Services
(Social services second review) [2023] AATA 1286 (22 May 2023) at paragraph 4:
"The Secretary’s legal representative informed me a new Departmental policy was
promulgated in December 2022 in respect of assessing income from a claimant’s
bank records, under which records from Mr Jackson’s previous employer/s would be
obtained. "
I would like this policy.
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Can I get the date this revised policy was published by Services Australia in
compliance with its obligations under section 8(D)(3) of the Freedom of Information
Act 1982?
Your request was received by Services Australia (the Agency) on 10 August 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 11 September 2023. The period of 30
days may be extended if we need to consult third parties or for other reasons. We will advise
you if this happens.
Services Australia will 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 will 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
will continue to be sent to the address specified above.
Administrative Release of Documents
Services Australia 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 will 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 will be redacted under
section 22 of the FOI Act.
PAGE 2 OF 3
Further assistance
If you have any questions please email xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Jennifer
FOI Registration Officer
Freedom of Information Team
FOI and Ombudsman Branch | Legal Services Division
Services Australia
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