LEX 75777 Decision Letter.pdf

If not delivered return to PO Box 7820 Canberra BC ACT 2610

4 October 2023

Our reference:  LEX 75777

Brutus
Right to Know

By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Sir / Madam,
Decision on your Freedom of Information Request
I refer to your request, received by Services Australia (the Agency) on 4 September 2023 for
access under the Freedom of Information Act 1982 (the FOI Act) to the following documents:
Despite an express object of the Public Interest Disclosure Act 2013 (Cth) requiring
that “disclosures by public officials are properly investigated and dealt with” (Public
Interest Disclosure Act 2013 (Cth), s 6(d)), under the Freedom of Information Act
1982 (Cth), I request access to any and all documents in the possession of Services
Australia providing that it is permissible for an inadequate public interest disclosure
investigation to remain unremedied by officials in the agency to which an internal
disclosure under the Public Interest Disclosure Act 2013 (Cth) was allocated for
investigation.
My decision

I have decided to refuse your request for access under section 24A of the FOI Act on the
basis that all reasonable steps have been taken to locate the documents you have requested
and I am satisfied that they do not exist.

Please see At achment A for the reasons for my decision.

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 related to your request please email
xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
The Public Interest Disclosure Act 2013 is publicly available on the Federal Register of
Legilsation, as is the explanatory memorandum (EM) related to the Public Interest Disclosure
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Bil . You may find section 26(2A) of that Act and ‘Subdivision D — External disclosures:
inadequate investigations and responses to investigations’ of the EM, of interest.
Yours sincerely

Alexander
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Ombudsman Branch | Legal Services Division
Services Australia
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If not delivered return to PO Box 7820 Canberra BC ACT 2610

Attachment A
REASONS FOR DECISION
What you requested
Despite an express object of the Public Interest Disclosure Act 2013 (Cth) requiring
that “disclosures by public officials are properly investigated and dealt with” (Public
Interest Disclosure Act 2013 (Cth), s 6(d)), under the Freedom of Information Act
1982 (Cth), I request access to any and al  documents in the possession of Services
Australia providing that it is permissible for an inadequate public interest disclosure
investigation to remain unremedied by officials in the agency to which an internal
disclosure under the Public Interest Disclosure Act 2013 (Cth) was allocated for
investigation.

What I took into account
In reaching my decision I took into account:
•  your request dated 4 September 2023
•  consultations with Agency officers about:
o  the nature of the documents
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 decisions
I am authorised to make decisions under section 23(1) of the FOI Act.
Section 24A of the FOI Act

Section 24A of the FOI Act provides that:

(1)  An agency or Minister may refuse a request for access to a document if:
(a)  all reasonable steps have been taken to find the document; and
(b)  the agency or Minister is satisfied that the document:
(i) is in the agency's or Minister's possession but cannot be found; or
(i ) does not exist.
The People Solutions Branch (the Branch) is the business area of the Agency responsible for
the actioning and coordination of Public Interest Disclosures (PID). I am satisfied that this is
the area of the Agency responsible for the search and retrieval of the types of documents
you have requested.

The Branch completed comprehensive searches of their computer shared drive folders,
positional email mailbox and the relevant PID intranet pages. The Branch did not locate any
documents which specifically state or address ‘that it is permissible for an inadequate public
interest disclosure investigation to remain unremedied’.
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On the basis of these searches, I am satisfied that in accordance with section 24A of the FOI
Act:
1.  all reasonable steps have been taken to find the documents, and
2.  the documents do not exist.
  Supplementary information

Further information in relation to Public Interest Disclosures is available on the Services
Australia website here: Public Interest Disclosures - Services Australia

A copy of the Public Interest Disclosure Act 2013 is available here: Public Interest Disclosure
Act 2013 (legislation.gov.au)
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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 Of icer in Services Australia; 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 Services Australia 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 Of icer in Services Australia 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
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Post:
Australian Information Commissioner

GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx

Note: The Of ice 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 Services
Australia decision on your FOI request
•  Include your contact details
•  Set out your reasons for objecting to Services Australia'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.

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