If not delivered return to PO Box 7820 Canberra BC ACT 2610
19 October 2023
Our reference: LEX 75590
Ben Faithful
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ben
Decision on your Freedom of Information Request
I refer to your request, dated and received by Services Australia (the
Agency) on
22 August 2023 for access under the
Freedom of Information Act 1982 (the
FOI Act) to the
following documents:
'Under the FOI Act, requesting access to the business case document(s) for the Pay
As You Go (PAYG) data matching initiative that was the subject of Question on
Notice HS 15 from the Senate Community Af airs Legislation Commit ee Budget
Estimates hearing on 3 June 2015.
http:/ www.aph.gov.au/Parliamentary_Business/Senate_Estimates/clacct e/estimates/
bud1516/DHS/index
- Documents that describe the algorithm or process used to perform the data
matching that identified the "approximately 1,080,000" discrepancies between PAYG
data and data reported by DHS customers, as referred to in the Answer to Question
HS 15.
- Documents that describe the analysis process for how the value of "historical
discrepancies", as described in the Answer to Question HS 15, was determined. Such
documents should describe the statistical method, the sampling process used,
statistics returned (standard error, mean, confidence interval, etc.), how the likely
average debt value was determined, etc.
Where multiple revisions of documents exist, I am only interested in the version
current at the time the Department referred to in its answer to HS15'.
My decision
The Agency holds 11 documents (totalling 273 pages) that relate to your request.
I have decided to:
• grant you
full access to 5 documents (documents 4, 5, 9, 10 and 11), and
•
refuse access to 6 documents (documents 1, 2, 3, 6, 7 and 8).
PAGE 1 OF 8
I have decided that certain documents that you have requested are exempt under the FOI
Act because disclosure would be in contempt of court (section 46 exemption).
This is because documents 1, 2, 3, 6, 7 and 8 are the subject of an ongoing matter being
heard by the Federal Court of Australia. The Federal Court of Australia have issued an order
that prohibits disclosure, with limited exceptions.
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.
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. You do not have to pay for
a review of the decision. 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
Hannah
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Ombudsman Branch | Legal Services Division
Services Australia
PAGE 2 OF 8
If not delivered return to PO Box 7820 Canberra BC ACT 2610
REASONS FOR DECISION
What you requested
'Under the FOI Act, requesting access to the business case document(s) for the Pay
As You Go (PAYG) data matching initiative that was the subject of Question on
Notice HS 15 from the Senate Community Af airs Legislation Commit ee Budget
Estimates hearing on 3 June 2015.
http:/ www.aph.gov.au/Parliamentary_Business/Senate_Estimates/clacct e/estimates/
bud1516/DHS/index
- Documents that describe the algorithm or process used to perform the data
matching that identified the "approximately 1,080,000" discrepancies between PAYG
data and data reported by DHS customers, as referred to in the Answer to Question
HS 15.
- Documents that describe the analysis process for how the value of "historical
discrepancies", as described in the Answer to Question HS 15, was determined. Such
documents should describe the statistical method, the sampling process used,
statistics returned (standard error, mean, confidence interval, etc.), how the likely
average debt value was determined, etc.
Where multiple revisions of documents exist, I am only interested in the version
current at the time the Department referred to in its answer to HS15'.
On 31 August 2023, the Agency acknowledged your request and advised you that we would
not include personal details about our staff (such as their names). You did not contact
Services Australia again about this. Staff details have therefore been redacted in accordance
with section 22(1) of the FOI Act.
On 15 September 2023, we sought your agreement to an extension of time for the
processing of your request. On the same day you replied agreeing to a 7 day extension of
time under section 15AA of the FOI Act.
On 25 September 2023, I sought your agreement to a further 23 day extension of time for the
processing of your request. On 26 September 2023 you replied agreeing to the further 23
day extension of time under section 15AA of the FOI Act.
What I took into account
In reaching my decision I took into account:
• your original request dated 22 August 2023
• 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 the Agency's operating environment and functions
PAGE 5 OF 8
• 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 documents that you requested are exempt under the FOI Act. My
findings of fact and reasons for deciding that the exemption applies to those documents are
discussed below.
Contempt of Court
I have applied the exemption in section 46 of the FOI Act to documents 1, 2, 3, 6, 7 and 8 as
outlined in the schedule.
This section of the FOI Act allows the Agency to redact material from a document if
disclosure of the document would be in contempt of court.
On 18 August 2023, the Federal Court of Australia issued an order that prohibits disclosure
of documents relevant to the matter of
Justin Warren and Chief Executive Officer, Services
Australia [VID763/2022], except for disclosure to:
a) the Court and its staff, and any person performing services for the Court, acting in the
course of their duties
b) the Respondent and its legal representatives, or
c) the Commonwealth and its officers.
The court order can be found here:
https:/ www.comcourts.gov.au/file/Federal/P/VID763/2022/3949543/event/31430041/docume
nt/2153217
I am satisfied that documents 1, 2, 3, 6, 7 and 8 are documents also in issue in this Federal
court matter. Further, I am satisfied that none of the above exceptions apply and as such, at
this time disclosure is prohibited and the documents are exempt in full under section 46 of
the FOI Act.
PAGE 6 OF 8
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 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 Of icer 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 dif erent decision maker to the Agency delegate who made
the original decision wil carry out the review. The Internal Review Of icer 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, or by email to
xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx
Note 2: 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 Of icer 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
PAGE 7 OF 8
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Note 3: 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 'FOI 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 8 OF 8