If not delivered return to PO Box 7820 Canberra BC ACT 2610
10 December 2025
Our reference: LEX 87587
Frank N Fearless
Right to Know
Only by email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Frank N Fearless
Freedom of Information (FOI) request - Statement of Reasons
I refer to your request received by Services Australia (the Agency) on 19 September 2025,
for access under the
Freedom of Information Act 1982 (the FOI Act) to the following
documents:
I would like to request minutes for the last two Escalated Customer Learning
Reference Group meetings.
In terms of public interest, I noted paragraph 3.66 of the Ombudsman 2nd report on
income apportionment:
"Services Australia advised it may discuss escalated complaints related to review
delays or income apportionment with the agency’s Escalated Customer Learning
Reference Group’ (ECLRG), in whi agency managers can internally share learnings
and systemic issues arising from complaints and customer feedback. Records
indicate the ECLRG met to discuss the income apportionment issue in approximately
February 2023, but it is unclear whether – or how frequently – the group has
discussed, or intends to discuss income apportionment."
So, alongside the obvious public interest in the matters escalated, I'm also testing the
quality of record keeping in this forum given what the Ombudsman described above.
Deemed refusal
The Agency was required to provide you with a decision on your request by 20 October
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 some of 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.
PAGE 1 OF 8
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
If I had decided on your FOI request by 20 October 2025, I would have granted you part
access to 2 documents (Documents 1 and 2) with some of the content removed.
I am satisfied parts of the documents you have requested would have been exempt under
the FOI Act because they contain:
• material subject to legal professional privilege, and
• personal information about other people.
Further assistance
If you have any questions, please ema
il xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Michelle
Authorised FOI Decision Maker
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
STATEMENT OF REASONS
What you requested
I would like to request minutes for the last two Escalated Customer Learning
Reference Group meetings.
In terms of public interest, I noted paragraph 3.66 of the Ombudsman 2nd report on
income apportionment:
"Services Australia advised it may discuss escalated complaints related to review
delays or income apportionment with the agency’s Escalated Customer Learning
Reference Group’ (ECLRG), in whi agency managers can internally share learnings
and systemic issues arising from complaints and customer feedback. Records
indicate the ECLRG met to discuss the income apportionment issue in approximately
February 2023, but it is unclear whether – or how frequently – the group has
discussed, or intends to discuss income apportionment."
So, alongside the obvious public interest in the matters escalated, I'm also testing the
quality of record keeping in this forum given what the Ombudsman described above.
On 19 September 2025, the Agency acknowledged your request via an automated email
reply.
On 13 and 17 October 2025, we wrote to you to advise we needed additional time to process
your request and asked for a 30 day extension of time. You did not respond to our requests.
What I took into account
In writing this statement of reasons, I considered:
• your request dated 19 September 2025
• other correspondence with you
• the documents that 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
Section 42 of the FOI Act - Legal Professional Privilege
I have applied the exemption in section 42 to part of Document 1.
PAGE 4 OF 8
This section of the FOI Act allows the Agency to redact material from a document if it is
subject to legal professional privilege (LPP).
Section 42 of the FOI Act provides:
(1) A document is an exempt document if it is of such a nature that it would be privileged
from production in legal proceedings on the ground of legal professional privilege.
(2) A document is not an exempt document because of subsection (1) if the person
entitled to claim legal professional privilege in relation to the production of the
document in legal proceedings waives that claim.
(3) A document is not an exempt document under subsection (1) by reason only that:
(a) The document contains information that would (apart from this subsection)
cause the document to be exempt under subsection (1), and
(b) The information is operational information of an agency.
Paragraphs 5.129 of the Guidelines provides the following guidance in relation to the
application of section 42:
At common law, determining whether a communication is privileged requires a
consideration of:
• whether there is a legal adviser-client relationship
• whether the communication was for the purpose of giving or receiving legal advice, or
used in connection with actual or anticipated litigation
• whether the advice given is independent, and
• whether the advice given is confidential.
Document 1 contains material relating to the provision of professional legal advice to the
Agency on the work being undertaken specific to Objectionable Material Exposure
Prevention to assist in government service delivery.
I am satisfied that privilege in the document has not been waived as the document has not
been distributed further than is reasonably necessary for internal operational purposes. I am
also satisfied the substance of the legal advice contained within the document has not been
used in any way which would be inconsistent with the maintenance of confidentiality of the
advice.
Further, I am satisfied the Agency’s ability to obtain legal advice on issues would be
substantially prejudiced if these documents were to be made publicly available through FOI
processes. In my view, real harm is likely to result from release of the document as doing so
would waive privilege and disclose the particular legal advisor’s approach to the
interpretation, analysis and application of legislation.
For the reasons set out above, I am satisfied part of the document is exempt under section
42 of the FOI Act.
PAGE 5 OF 8
Section 47F(1) of the FOI Act – unreasonable disclosure of personal information
I have applied the conditional exemption in section 47F(1) to parts of Documents 1 and 2.
Section 47F(1) of the FOI Act allows the Agency to exempt material from a document if it
contains personal information of other people.
I find the documents as referred to in the Schedule contain personal information of other
people, including junior Agency staff names.
I am satisfied disclosure of the third-party personal information would be unreasonable as the
material relates to aspects of an individual’s personal affairs, you do not have their consent
for the release of their personal information, the information is private and not publicly
available, and the identity of the individual is readily apparent.
On this basis, I am satisfied the personal information included in Documents 1 and 2 referred
to in the Schedule is conditionally exempt under section 47F(1) of the FOI Act.
Public interest considerations
Section 11A(5) of the FOI Act provides that access to conditionally exempt material must be
given unless I am satisfied it would not be in the public interest to do so.
When weighing up the public interest for and against disclosure I have considered the
relevant factors in favour of disclosure. Particularly the extent to which disclosure would
promote the objects of the FOI Act and inform debate on a matter of public importance.
I have also considered the relevant factors weighing against disclosure, indicating access
would be contrary to the public interest. I have considered the extent to which disclosure of
the exempt material could reasonably be expected to prejudice an individual’s right to privacy
and adversely affect or harm the interests of an individual or group of individuals.
I find there is little public interest in the disclosure of the third parties’ personal information,
beyond allowing you to access information contained that may be relevant to your request. I
do not see that there would be any public purpose achieved through release, and release of
this personal information would not advance the public interest in government transparency
and integrity.
Based on these factors, I am satisfied in this instance the public interest in disclosing the
information in the above-mentioned documents is outweighed by the public interest against
disclosure.
I have not taken into account any of the irrelevant factors set out in section 11B(4) of the FOI
Act in forming this view.
Conclusion
In summary, I am satisfied that, as set out in the schedule:
• Document 1 is exempt in part under section 42 of the FOI Act, and
• Documents 1 and 2 are exempt in part under section 47F(1) of the FOI Act, and on
balance it would be contrary to the public interest to release this information.
Accordingly, if I had made a decision on your FOI request by 20 October 2025, I would have
decided not to release the relevant documents to you in full.
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
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 will 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 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
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 Commissioner’s contact
details are:
PAGE 7 OF 8
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.
PAGE 8 OF 8
