LEX 77492 Decision Decision Letter.pdf

If not delivered return to PO Box 7820 Canberra BC ACT 2610
21 December 2023

Our reference:  LEX 77492

Frank n Fearless (Right to Know)

Only by email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Frank n Fearless
Decision on your Freedom of Information Request
I refer to your request received by Services Australia (the Agency) on 4 December 2023 for
access under the Freedom of Information Act 1982 (the FOI Act) made in the following
terms:
Today's Ombudsman's report on unlawful income apportionment states that:
"a second phase of sampling is currently underway that will consider underpayments
and matters heard by the AAT".
I now seek the progress reports sent by Services Australia to DSS on this exercise.
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.

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 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 xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx

Yours sincerely

TY
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Reviews 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
Today's Ombudsman's report on unlawful income apportionment states that:

"a second phase of sampling is currently underway that will consider underpayments
and matters heard by the AAT"

I now seek the progress reports sent by Services Australia to DSS on this exercise.

What I took into account
In reaching my decision I took into account:
•  your original request dated 4 December 2023
•  searches undertaken to locate the requested documents
•  consultation with third parties about documents which contain information concerning
your request
•  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
(ii) does not exist.

The Integrity Response Division (the Division) conducted searches in the Agency’s
electronic and paper files. This division is the appropriate division to conduct the search as
they are responsible for the Agency’s ongoing response to issues relating to income
apportionment.

As at the date of your request, no progress reports could be located that had been sent by
Services Australia to DSS concerning the sampling exercise of underpayments and matters
heard by the AAT.

On the basis of these searches, I am satisfied that in accordance with section 24A of the
FOI Act:
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1. all reasonable steps have been taken to find the documents; and
2. the documents do not exist.

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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 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 a 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  the Agency; and/or
2.  the Australian Information Commissioner.
Note 1: There are no fees for these reviews.
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 or by email to
xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx
Note 2: 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.
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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 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.

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