If not delivered return to PO Box 7820 Canberra BC ACT 2610
19 December 2024
Our reference: LEX 82950
Nosey Rosey
Only by email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Nosey Rosey,
Your Freedom of Information Request
I refer to your request dated and received by Services Australia (the Agency) on
14 December 2024 for access under the
Freedom of Information Act 1982 (the FOI Act) to
documents.
Currently your request does not sufficiently identify the documents you require.
This letter is giving you an opportunity to provide us with specific information about the
documents you need. Providing this additional information wil assist the Agency in
processing your request.
If you decide not to provide further information or revise your request, I wil have to refuse
your freedom of information (FOI) request as a 'practical refusal reason' exists. For a more
detailed explanation of what this means, please see
Attachment A.
How to send us a 'revised request'
Before I make a final decision on your request, you can submit a revised request.
Within the next 14 days (consultation period) you must do one of the following, in writing:
• withdraw the request
• make a revised request, or
• tell us you do not want to revise your request.
Your response wil be expected by
2 January 2025.
If you do not contact us during the
consultation period, your matter wil be taken as withdrawn by operation of the FOI Act. See
Attachment A for relevant sections of the FOI Act.
If you decide to make a revised request you should be specific about what documents you
actually want. This could help the Agency find the documents.
Note: You may want to access the Agency's online services at www.servicesaustralia.gov.au
to immediately find some of the personal information and documents included in your original
request.
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We have 30 days to give you a decision about your request, however the time taken to
consult with you now is not included in this 30 day time period.
Contact officer
I am the contact officer for your request. During the consultation period you are welcome to
ask for my help in revising your request. You can contact me:
• via email to arrange a phone call, by providing a contact number and advising of a
suitable time
• in writing to the address at the top of this letter, or
• via email to xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx
Note: When you contact us please quote the reference number
FOI LEX 82950
Further assistance
If you have any questions please email xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Hannah
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Reviews Branch | Legal Services Division
Services Australia
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Attachment A
What I took into account
You requested access under the FOI Act to the following documents:
I seek access to any and all documents, records, data, and supporting material held
by [Name of Agency] concerning the sharing of personal information originating from
the Department of Veterans’ Affairs (DVA) over the last ten years. This includes any
data transfers from or to the DVA, whether they were one-off exchanges or ongoing,
systematic transfers of DVA client information, including personal, medical, financial,
or service-related details concerning veterans or their dependents.
I am interested in obtaining a comprehensive understanding of what DVA client
information [Authority name] has received or accessed and for what purposes.
Specifically, I request:
Al records of data sharing arrangements between DVA and [Authority name],
including but not limited to memoranda of understanding, service-level agreements,
emails, letters, meeting minutes, file transfer logs, internal reports, and instructions
that outline what data was shared, when it was shared, and the format or system
used for the transfer.
Any policies, procedures, guidelines, or frameworks that govern how [Authority name]
requests, obtains, stores, handles, or uses DVA client information. This includes
documents that detail the criteria for approving access to such data, any consent or
authorization processes, security controls, and retention or destruction policies.
Copies of any ethics committee approvals, privacy impact assessments, internal
review board decisions, or other documents that reflect deliberations or authorizations
for obtaining DVA client information. This includes records that show the agency
considered the ethical, legal, or privacy implications of receiving or using DVA client
data.
Documents that outline the intended uses or practical applications of the DVA client
data, such as project proposals, business cases, internal strategy papers, or briefings
that explain why [Authority name] sought access to this information, how it was
intended to be integrated into the agency’s operations, and any expected outcomes
or benefits.
A representative sample (in a suitably de-identified or redacted form) of the data or
data fields received, so long as providing this sample does not breach any exemption
under the FOI Act. The purpose is to understand the nature and granularity of the
information shared, without disclosing identifiable personal details.
If the only data [Authority name] received pertains solely to data linked to the
Centrelink Confirmation eServices (CCeS) arrangements as described at
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.servicesa
ustralia.gov.au%2Fcentrelink-confirmation-eservices-
cces&data=05%7C02%7Cfreedomofinformation%40servicesaustralia.gov.au%7C771
72b43527c44b2327608dd1bf7356d%7C627250e63e294861a084aad68ccfcccc%7C0
%7C0%7C638697470910559739%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1h
cGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyf
Q%3D%3D%7C60000%7C%7C%7C&sdata=rmyz8%2F4IpxP2ntRuBzf9QqrjUXgBfz
PAGE 3 OF 5
cyHAZZlVFDjnc%3D&reserved=0, and there were no other forms of DVA data
shared, then no CCeS-related data needs to be provided under this request.
I emphasize that I am not authorizing the transfer of this FOI request to the
Department of Veterans’ Affairs or any other agency. If [Authority name] holds the
requested information, it should provide it directly. If there are parts of this request
that [Name of Agency] does not understand or believes are not held, I invite you to
contact me to clarify or refine the scope under section 24AB of the FOI Act, rather
than initiating a transfer. However, I do not consent to the transfer of this request to
another entity. The FOI Act places the onus on agencies to process requests for
documents they hold, and I expect [Authority name] to meet its responsibilities in this
regard.
I note that the statutory timeframe for processing FOI requests is 30 days from the
date of receipt. I do not consent to any extension of time due to internal reduced
activity periods, holiday stand-down periods, or other internal operational issues. If
[Authority name] considers that it cannot meet the 30-day timeframe, it may seek an
extension from the Office of the Australian Information Commissioner as provided
under section 15AB of the FOI Act. I request to be notified if such an application is
made.
As your request currently stands, I am unable to identify the documents you require.
I require further specific information regarding the following terminology used:
‘any and all documents’ and ’including but not limited to’
Please provide further specific information regarding the type, subject matter, description,
author or authoring business area of the documents you are seeking. The description you
have provided is broad and further information wil assist us to conduct targeted searches.
‘[Name of Agency]’ and ‘[Authority Name]’ references
Please clarify this terminology, it is unclear at this stage what these references refer to.
If you do not revise your request, I intend to refuse your FOI request as a 'practical refusal
reason' exists under sections 24AA(1)(b) and 24 of the FOI Act. Under the FOI Act, the
practical refusal reason is your request does not satisfy the requirements in section 15(2)(b)
of the FOI Act (identification of documents).
Relevant sections of the Freedom of Information Act 1982
Section 24AA(1)(b) of the FOI Act provides a practical refusal reason exists in relation to a
request for a document if the request does not satisfy the requirement in section 15(2)(b) of
the FOI Act.
Section 15(2)(b) of the FOI Act provides a request must provide such information as is
reasonably necessary to enable the Agency to identify the documents are being requested.
Section 24AB(6) provides the applicant must, before the end of the consultation period, do
one of the fol owing, by written notice to the Agency:
• withdraw the request
• make a revised request, or
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• indicate that the applicant does not wish to revise the request.
Section 24AB(7) of the FOI Act provides the request is taken to have been withdrawn at the
end of the consultation period if:
• the applicant does not consult the contact person during the consultation period in
accordance with the notice, or
• the applicant does not do one of the things mentioned in subsection (6) before the
end of the consultation period.
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