If not delivered return to PO Box 7820 Canberra BC ACT 2610
14 December 2023
Our reference: LEX 76729
Trent Morrison-Francis
Right to Know
Only by email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Morrison-Francis,
Your Freedom of Information Request - Outcome of Request Consultation Process
I refer to your request, received by Services Australia (the Agency) on 31 October 2023 for
access to documents under the
Freedom of Information Act 1982 (the FOI Act). You
requested access to:
All active Memorandum of Understanding, Heads of Agreement, Data Sharing
Agreements, and Service Contracts that result in the sharing of veteran data, even if
de-identified. I am looking for similar documents for programs and agreements that
ceased within the last 10 years or are still active.
My decision
I have decided to refuse your request under section 24(1) of the FOI Act because a 'practical
refusal reason' exists under section 24AA of the FOI Act. I am satisfied that your request is
unclear and does not sufficiently identify the documents you require as specified in
section 24AA(1)(b) of the FOI Act.
The reasons for my decision, including the relevant sections of the FOI Act, are set out in
Attachment A.
You can ask for a review of our decision
If you disagree with 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
Alexander
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Ombudsman Branch | Legal Services Division
Services Australia
Attachment A
REASONS FOR DECISION
What you requested
All active Memorandum of Understanding, Heads of Agreement, Data Sharing
Agreements, and Service Contracts that result in the sharing of veteran data, even if
de-identified. I am looking for similar documents for programs and agreements that
ceased within the last 10 years or are still active.
Request consultation process
On 8 November 2023, I wrote to you providing a notice of intention to refuse your request
under section 24AB(2) of the FOI Act, giving you an opportunity to consult with the Agency to
revise your request so as to remove the practical refusal reason. This is because we
consider your request to be voluminous and unclear. We required further information from
you to sufficiently identify the documents you require.
On 14 November 2023, you wrote to us in response to the section 24AB(2) notice. You
advised that it is not unreasonable to request what other persons the Agency shares data
with. Additionally, you advised that you are only requesting data specific to veterans and not
general data transfers relating to interest information or companies.
On 17 November 2023, I wrote to you again, providing a notice of intention to refuse your
request under section 24AB(2) of the FOI Act as parts of your request did not clearly identify
the documents you were seeking access to and would potentially be voluminous in its current
form. I explained that veterans’ data is not mutually exclusive to agreements between the
Department of Veterans Affairs’ (DVA) and the Agency, as veteran information may be
shared in conjunction with business as usual Medicare, Centrelink, Child Support and
administrative service offers, or where information is provided to support Federal entities to
assist their administrative responsibilities. This means your request in its current form would
extend to every single exchange, which may include veterans’ data. I gave you an
opportunity to consult with the Agency to revise your request so as to remove the practical
refusal reason.
On 25 November 2023, you responded to my letter and advised you disagreed that your
request was too unclear and broad for us to process. Your response did not include any
revisions to the scope of your request.
What I took into account
In reaching my decision I took into account:
• your original request dated 31 October 2023
• correspondence I sent to you dated 8 November 2023, and your response dated 14
November 2023
• further correspondence I sent to you dated 17 November 2023, and your response
dated 25 November 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.
Following the request consultation process outlined above, in accordance with section 24AB
of the FOI Act, I am satisfied that a practical refusal reason still exists as the scope of your
request remains unclear. The reasons for my decision, including consideration of the factors I
am required to take into account in section 24AA(2), are outlined below.
Practical refusal reason
Section 24AA of the FOI Act provides that a practical refusal reason exists in relation to a
request for a document if the request does not satisfy the requirement in paragraph 15(2)(b)
(identification of documents).
Section 15(2)(b) provides that the request must provide enough information concerning the
documents that is reasonably necessary to enable the Agency to identify the documents.
In determining whether a practical refusal reason exists, section 24AA(2) requires me to
have regard to the resources that would have to be used for the following:
• identifying, locating or collating the documents within the filing system of the Agency
• deciding whether to grant, refuse or defer access to a document including resources
used for examining the document and consulting with any person or body in relation
to the request
• making a copy or an edited copy of the document, and
• notifying of any decision on the request.
In accordance with section 24AA(3), I did not consider your reasons for requesting access to
the documents.
Conclusion
In summary I am satisfied the scope of your request does not provide enough information for
the Agency to identify the documents you are seeking access to. Additionally, the request in
its current form would potentially be voluminous.
I have found that a practical refusal reason exists in relation to your request for access to the
documents. Accordingly, I have decided to refuse your request under section 24(1) of the
FOI Act.
Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Asking for a full 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 will explain the decision to you. This gives you a chance to correct
misunderstandings.
Asking for a formal review of an FOI decision
If you still 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 will carry out the review. The Internal Review Officer will 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 fill 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 will 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
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 Services
Australia 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.
