LEX 80968 Decision Decision Letter.pdf

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

4 September 2024

Our reference:  LEX 80968

REDYELLOWPINK (Right to Know)

Only by email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear REDYELLOWPINK
Decision on your Freedom of Information Request
I refer to your request received by Services Australia (the Agency) on 5 August 2024 for access
under the Freedom of Information Act 1982 (the FOI Act) to the following documents:
Changes  to  the  repayment  rate  of  an  advance  payment  103-05040060  from  your
Operational Blueprint.
My decision
The Agency holds one document (totalling 19 pages) that relates to your request.
I have decided to grant you part access to the document.
I have decided certain parts of the document you requested are exempt under the FOI Act,
as the document includes operational information, the disclosure of which would have a
serious or significant effect on the agency’s ability to conduct its operations efficiently and
properly (section 47E(d) conditional exemption).
Please see the schedule at Attachment A to this letter for a description of the document and
the reasons for my decision, including the relevant sections of the FOI Act.
How we will send your 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.
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Further assistance
If you have any questions, please email xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx
Yours sincerely

Tracy
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

REASONS FOR DECISION
What you requested
Changes to the repayment rate of an advance payment 103-05040060 from your
Operational Blueprint.
I request that it be posted to your operational blueprint site for all to see if unreacted,
or if unable to be done a PDF to this right to know request.
On 8 August 2024, the Agency acknowledged your request.
What I took into account
In reaching my decision I took into account:
•  your request dated 5 August 2024
•  other correspondence with you
•  the document 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 document
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 parts of the 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.
Section 47E(d) of the FOI Act – Operations of the Agency

I  have  applied  the  conditional  exemption  in  section  47E(d)  of  the  FOI  Act  to  parts  of  the
document (Document 1).
This  section  of  the  FOI  Act  allows  the  Agency  to  redact  material  from  a  document  if  its
disclosure  would  have  a  serious  or  significant  effect  on  the  Agency’s  ability  to  conduct  its
operations efficiently and properly.
The requested document contains a guide for Agency staff concerning processes relating to
information  about  repayments  to  an  advance  payment.  I  am  satisfied  this  information  is
relevant to the implementation, delivery and management of a process administered by the
Agency, and therefore is relevant to the conduct of the Agency’s operations.
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I consider that providing this material to you, which is not publicly available, would negatively
affect the conduct of the Agency’s operations because it may allow individuals to circumvent
elements of the Agency’s processes for their own financial advantage, and provide insight to
malicious users about navigating the Agency’s internal systems.
While I have no reason to believe you would misuse the exempt material in this way, the FOI
Act does not control or restrict use or dissemination of the information once released, so I must
consider actions any member of the public might take if the information is in the public domain.
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 disclosure of the material would promote the objects of
the FOI Act, including increasing public participation in Government processes.
However, I also consider disclosure of the exempt material would prejudice the Agency’s ability
to  deliver  services  properly  and  efficiently  to  the  public,  by  providing  information  containing
detailed system coding instructions for staff, could be used as a ‘how to’ guide by a malicious
user to navigate the Agency’s system, and therefore presents a cyber security risk. Disclosure
of this exempt cyber material would increase the likelihood that individuals could use process
information to circumvent or manipulate steps in securing a favourable outcome for receiving
payments.  This  in  turn  would  significantly  prejudice  the  Agency’s  ability  to  deliver  services
promptly and effectively to the Australian public.
Based on these factors, I have decided that in this instance, the public interest in disclosing
the information in the above-mentioned document is outweighed by the public interest against
disclosure. Accordingly, I have decided not to release the document in full to you.
Out of scope or irrelevant information has been deleted in accordance with section 22 of the
FOI Act.
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.

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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 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
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.

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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: 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
Information Commissioner Review Application form
•  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
Smart Form:  FOI Complaint Form

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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