If not delivered return to PO Box 7820 Canberra BC ACT 2610
22 May 2025
Our reference: LEX 83859
Jerry
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Jerry,
Freedom of Information (FOI) request - Statement of Reasons
I refer to your request, received by Services Australia (the Agency) on 21 February 2025 for
access under the
Freedom of Information Act 1982 (the FOI Act) to the following documents:
1. New Zealand Agreement and foreign pension information 106-04024000
2. Eligibility and new claim procedures for Special Benefit (SpB) 003-08030020
Deemed refusal
The Agency was required to provide you with a decision on your request by 14 April 2025. As
a decision was not provided by this date, the principal officer of the Agency is deemed to
have refused your request under section 15AC of the FOI Act.
We apologise for the delay in processing your request. Although your request is deemed to
be refused, I am providing you with the requested documents and releasing them to you
administratively. The documents are marked up with redactions based on if the Agency had
decided your request within time.
Also provided is a statement of reasons which explains the documents being released to
you. The statement of reasons can be found at
Attachment A.
You can ask for a review of our deemed refusal decision
If you disagree with the deemed refusal of your request, you can ask for an external review
by the Office of the Australian Information Commissioner. See
Attachment B for more
information about how to request an external review.
Summary of the statement of reasons
The Agency holds 2 documents that relate to your request.
If I had decided on your FOI request by 14 April 2025, I would have granted you
part access
to the documents, with some of the content removed.
I am satisfied parts of the documents are exempt under the FOI Act as they include
information where the disclosure would, or could reasonably be expected to, have a
substantial adverse effect on the proper and efficient operations of the Agency, and the
disclosure would be contrary to the public interest (section 47E(d) conditional exemption).
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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.
How we will send the documents to you
The documents are attached.
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 Reviews Branch | Legal Services Division
Services Australia
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If not delivered return to PO Box 7820 Canberra BC ACT 2610
STATEMENT OF REASONS
What you requested
On 21 February 2025, you requested the following:
1. New Zealand Agreement and foreign pension information 106-04024000
2. Eligibility and new claim procedures for Special Benefit (SpB) 003-08030020
On 26 February 2025, we acknowledged your request.
On 17 March 2025, the Agency sought your agreement to a 21-day extension of time to
process your request under section 15AA of the FOI Act. You provided your written agreement
on 24 March 2025, making the new due date 14 April 2025. The Office of the Information
Commissioner (OAIC) was advised of this extension.
What I took into account
In writing this statement of reasons, I considered:
• your request dated 21 February 2025
• other correspondence with you
• the documents which fall 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.
Statement of reasons
I am satisfied that parts of the documents you requested are exempt under the FOI Act. My
findings of fact and reasons for being satisfied the exemptions apply to those documents,
including the factors I am required to consider in section 11, are outlined below.
Section 47E(d) of the FOI Act – Operations of the Agency
I have applied the exemption in section 47E(d) of the FOI Act to parts of the documents.
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 documents contain a guide for Agency staff when assessing a claim for an
Australian payment under the New Zealand Agreement, the coding of New Zealand
payments, and for assessing a claim for Special Benefit (SpB). 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 the exempt material in the documents to you, which is not publicly
available, would negatively affect the conduct of the Agency’s operations because it may
allow customers to circumvent elements of the Agency’s processes for their own financial
advantage, and provide insight to malicious users about how to navigate 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 properly and efficiently deliver services to the public, by providing information which
would allow customers to navigate the Agency’s established processes and manipulate their
circumstances for their own advantage. I also consider some of the exempt material
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 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 promptly
and effectively deliver services to the Australian public.
Conclusion
In summary, I am satisfied parts of documents, as set out in the Schedule, are conditionally
exempt under section 47E(d) of the FOI Act. Furthermore, based on the above public interest
considerations, I have decided that in this instance, the public interest in disclosing the
information in the above-mentioned documents are outweighed by the public interest against
disclosure. Accordingly, I have chosen not to release the documents in full to you.
I have not taken into account any of the irrelevant factors set out in section 11B(4) of the FOI
Act.
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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
Requesting a full explanation of a Freedom of Information (FOI) deemed refusal
decision
Before you ask for a formal review of a FOI decision, you can contact us to discuss your
request. We wil explain the deemed refusal decision and the statement of reasons to you.
This allows you to correct any misunderstandings.
Requesting a formal external review of a FOI deemed refusal decision
If you consider the deemed refusal of your request is incorrect, you have the right to apply for
an external review under section 54L of the FOI Act by the Australian Information
Commissioner. Please note that a statement of reasons is not reviewable by the Australian
Information Commissioner.
Applying for external review by the Australian Information Commissioner
If you disagree with the deemed refusal of your FOI request, you wil 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:
xxxxx@xxxx.xxx.xx
Important:
• If you are applying online, the application form the FOI Review Form is available at
Information Commissioner Review Application form
• Include your contact details
• Set out your reasons for objecting to the Agency’s deemed refusal 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 Commissioners contact
details are:
PAGE 6 OF 7
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 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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