If not delivered return to PO Box 7820 Canberra BC ACT 2610
11 April 2024
Our reference: LEX 78731
Lei Ying
Only by email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Lei,
Decision on your Freedom of Information Request
I refer to your request, dated and received by Services Australia (the Agency) on
12 March 2024 for access under the
Freedom of Information Act 1982 (the FOI Act) to the
following documents:
I request release of the following pages of the Operational Blueprint as an application
pursuant to the Freedom of Information Act.
110-11010020 Creating or reviewing the investigation plan
110-11010030 Critical case reporting
In addition, the summary document for evidence gathering is requested.
110-11030000 Gathering information and evidence for fraud investigation
My decision
The Agency holds 3 documents that relate to your request.
I have decided to:
grant
you
part access to one document (Document 1) with some of the content
removed, and
refuse access to 2 documents (Documents 2 and 3).
I have decided certain documents, and parts of a document, you have requested are exempt
under the FOI Act as the documents contain:
information affecting the enforcement of law (s37(1)(a) and s37(2)(b) exemptions), and
information which if disclosed, would have a substantial adverse effect on the proper
and efficient conduct of the operations of an agency and release would be contrary to
the public interest (section 47E(d) of the FOI Act)
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.
PAGE 1 OF 8
How we will send the document to you
The document is 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
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
Elizabeth
FOI Officer
Freedom of Information Team
FOI and Reviews 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
I request release of the following pages of the Operational Blueprint as an application
pursuant to the Freedom of Information Act.
110-11010020 Creating or reviewing the investigation plan
110-11010030 Critical case reporting
In addition, the summary document for evidence gathering is requested.
110-11030000 Gathering information and evidence for fraud investigation
On 13 March 2024 the Agency acknowledged your request and advised you we would not
include out of scope details. You did not contact the Agency again about this. Out of scope
details have therefore been redacted in accordance with section 22(1) of the FOI Act.
What I took into account
In reaching my decision I took into account:
your request received on 13 March 2024
the documents which falls 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
guidelines issued by the Australian Information Commissioner under section 93A of
the FOI Act (the
Guidelines), and
the FOI Act.
Reasons for my decision
I am authorised to make decisions under section 23(1) of the FOI Act.
I have decided that certain documents and parts of a document 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.
Sections 37(1)(a) and 37(2)(b) - Documents affecting enforcement of law
I have applied the exemption in sections 37(1)(a) and 37(2)(b) to Documents 2 and 3, and
parts of Document 1.
These sections of the FOI Act allow the Agency to exempt release of a document if
disclosure could reasonably be expected to prejudice the conduct of an investigation of a
PAGE 4 OF 8
breach, or possible breach, of a law or disclose lawful methods or procedures for preventing,
detecting, investigating, or dealing with matters arising out of breaches or evasions of the
law.
Documents 1 to 3 contain information relating to current Agency investigations into possible
breaches of a law and would disclose the lawful investigation methods of the Agency.
Paragraph 5.82 of the Guidelines provides that a document should have a connection with
the criminal law or the processes of upholding or enforcing civil law or administering a law, in
order to be exempt under section 37(1)(a) of the FOI Act. This is not confined to court action
or court processes, but extends to the work of agencies in administering legislative schemes
and requirements, monitoring compliance, and investigating breaches.
I am satisfied that the release of the information in the documents would disclose information
about the Agency's investigative procedures, and potentially adversely affect the current and
future investigation undertaken by the Agency. It would also disclose methods and Agency
procedures for investigating breaches or possible breaches of the social security law and this
in turn would prejudice the effectiveness of these methods now and into the future.
Paragraph 5.108 of the Guidelines provides that the exemption under section 37(2)(b) of the
FOI Act requires that two factors are satisfied. There must be a reasonable expectation that
a document will disclose a method or procedure and a reasonable expectation or a real risk
of prejudice to the effectiveness of that investigative method or procedure.
The material that is exempt in the documents details the Agency's investigative methods and
procedures which are used by the Agency in relation to serious non-compliance matters
generally. I also note the FOI Act does not control or restrict any subsequent use or
dissemination of information released under the FOI Act.
I am satisfied that there is a reasonable expectation that the release of certain material in
Documents 2 to 3 would disclose information about the Agency's investigative methods and
procedures in relation to potential serious non-compliance cases. This includes the Agency's
approach to gathering evidence and creating investigation plans.
There is a reasonable expectation of serious prejudice to the effectiveness of these
investigative methods and procedures if the information were made publicly available.
Release through FOI would undermine the Agency's ability to detect, investigate and take
action in response to potential non-compliance with the social security law.
Moreover, if released, the information may potentially facilitate non-compliance by some
customers by providing a means of understanding how to circumvent the Agency's
investigative methods and avoid detection in the commission of welfare fraud.
For the reasons set out above, I am satisfied that the material is exempt under sections
37(1)(b) and 37(2)(b) of the FOI Act and will not be released to you.
Section 47E(d) of the FOI Act - Operations of the Agency
I have applied the exemption in section 47E(d) to Documents 2 and 3 and parts of Document
1, as outlined in the Schedule.
This section of the FOI Act allows the Agency to exempt a document from release if its
disclosure would have a substantial adverse effect on the Agency’s ability to conduct its
operations efficiently and properly.
PAGE 5 OF 8
Documents 1-3 contain information about how the Agency prevents and investigates fraud
activity, including how relevant Officers review investigation plans, report cases and gather
evidence used in the Agency’s fraud cases.
It is critical that the Agency is able to ensure the ongoing and effective delivery of essential
services to the Australian community. In order to do this, the Agency must ensure that:
methods used to prevent, detect and investigate fraud remain effective and that
ongoing investigations into breaches of the law are not compromised, to ensure
payments are directed to those that need them, and
the data and systems held and maintained by the Agency are secure to protect the
privacy of Australians and the integrity of the Agency’s operations.
Disclosure of the above material would have a substantial and adverse effect on the Agency’s
proper and efficient conduct as disclosure would undermine the Agency’s ability to ensure the
ongoing and effective delivery of the Agency’s operations.
Public interest considerations Access to conditionally exempt material must be given unless I am satisfied it would not be in
the public interest to do so.
I consider the disclosure of the material would generally promote the objects of the FOI Act,
which is in the public interest. However, I also consider disclosure would increase the likelihood
that individuals would use this information to commit Social Security fraud, or manipulate their
circumstances to gain more favourable outcomes in fraud investigations. This in turn would
significantly prejudice the Agency’s ability to promptly and effectively deliver services to the
Australian public.
While I have no reason to believe you would misuse the exempt materials in any way, the FOI
Act does not control or restrict use or dissemination of the information once released in
response to an FOI request, so I must consider actions that any member of the public might
take once the information enters the public domain.
On balance and having weighed the factors in favour of disclosure against the factors against
disclosure, I find the public interest in disclosing the material is outweighed by the public
interest factors against disclosure.
I have not taken into account any of the irrelevant factors set out in section 11B(4) of the FOI
Act in making this decision.
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 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 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 or by email to
xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx
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
PAGE 7 OF 8
Post:
Australian Information Commissioner
GPO
Box
5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
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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