If not delivered return to PO Box 7820 Canberra BC ACT 2610
6 February 2026
Our reference: LEX 87700
Steven Roddis
Right to Know
Only by email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Steven
Freedom of Information (FOI) request - Statement of Reasons
I refer to your request, dated and received by Services Australia (the Agency) on 26
September 2025 (revised on 15 October 2025) for access under the
Freedom of Information
Act 1982 (the FOI Act) to the following documents:
I'm seeking Documents detailing the process or authority under which the decision to
proactively release was made in relation to the following document:
Department of Human Services
Introduction of myGov (First Release)
Privacy Impact Assessment
8 May 2013
I do not request a copy of the document itself.
The types of documents I seek include:
1. Briefings, Submissions or Memos recommending or approving the proactive
release.
2. Emails, meeting minutes, or file notes discussing the rationale for the release.
3. Correspondence with other departments (e.g., Department of Finance and
Deregulation) regarding the decision to publish the document.
I am happy to exclude:
1. any draft versions of the above document types
2. any documents that merely reference the proactive release but do not contain
anything of substance: For example, an email asking to discuss it but with no
actual facts discussed can be excluded.
Timeframe for Search:
The scope of this request is limited to documents created between 13 March 2014
and 4 July 2014.
Deemed refusal
The Agency was required to provide you with a decision on your request by 29 December
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.
PAGE 1 OF 12
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
If I had decided on your FOI request by 29 December 2025, I would have granted you part
access to one document (Document 1) with some of the content removed.
I am satisfied that certain parts of the document you have requested would have been
exempt under the FOI Act because it contains:
• material subject to legal professional privilege (section 42 exemption)
• deliberative matter, the disclosure of which would be contrary to the public interest
(section 47C conditional exemption).
• information that if disclosed could have a substantial adverse effect on the proper
and efficient conduct of the operations of an agency (section 47E(d) conditional
exemption), and
• personal information about other people (section 47F(1) conditional exemption).
How we will send the documents to you
The document is attached. Please note that pages 1-3, 6-8, 14-18, 35-47, 53 and 61-68
have no content once exempt, duplicate or out of scope information has been redacted and
therefore those pages are blank and not provided.
Further assistance
If you have any questions, please email
xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Jan
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Reviews Branch | Legal Services Division
Services Australia
PAGE 2 OF 12
If not delivered return to PO Box 7820 Canberra BC ACT 2610
STATEMENT OF REASONS
What you requested
I seek access to documents concerning the decision by the then Department of
Human Services (DHS), now Services Australia, to proactively release the following
document:
Title: PRIVACY IMPACT ASSESSMENT ENHANCED PROVISIONING FOR
AUS.GOV.AU
Date: 29 September 2011
The types of documents I seek include, but are not limited to:
Briefings, submissions, or memos recommending or approving the proactive release.
Emails, meeting minutes, or file notes discussing the rationale for the release.
Correspondence with other departments (e.g., Department of Finance and
Deregulation) regarding the decision to publish the document.
Documents detailing the process or authority under which the decision to proactively
release was made, particularly in relation to FOI request LEX 7511.
Timeframe for Search: The scope of this request is limited to documents created
between 13 March 2014 and 4 July 2014.
Exclusions and Background Information
For the avoidance of doubt, I do not seek access to the Privacy Impact Assessment
document itself.
This request pertains to the decision-making process that led to its proactive release,
which was mentioned by the FOI and Information Release Legal Branch in
correspondence regarding request LEX 7511 in mid-2014.
Background correspondence:
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.righttokn
ow.org.au%2Frequest%2Fmygov privacy impact assessment&data=05%7C02%7Cf
reedomofinformation%40servicesaustralia.gov.au%7C1bb18542039e46dd634408ddf
cb9a5d7%7C627250e63e294861a084aad68ccfcccc%7C0%7C0%7C638944597343
403697%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLj
AuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C80000%7
C%7C%7C&sdata=v63L%2BpcFFDMzewT%2FpJ8zqbgAUjr%2BeVUF2m4mtNcEov
E%3D&reserved=0 Copy of the proactively released document:
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fweb.archive.or
g%2Fweb%2F20140703061508%2Fhttp%3A%2F%2Fwww.finance.gov.au%2Fsites
%2Fdefault%2Ffiles%2Ffoi14-68-document-
1.pdf&data=05%7C02%7Cfreedomofinformation%40servicesaustralia.gov.au%7C1b
b18542039e46dd634408ddfcb9a5d7%7C627250e63e294861a084aad68ccfcccc%7C
0%7C0%7C638944597343423437%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1
hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjo
yfQ%3D%3D%7C80000%7C%7C%7C&sdata=iTm9MvPi88LXSGI9dqquqe0%2F1UT
szUeQDozAsQr91hU%3D&reserved=0 I request that access be provided in electronic format via email.
PAGE 4 OF 12
On 26 September 2025, the Agency acknowledged your original request.
On 13 October 2025, I wrote to you to clarify the scope of your request. Your response
revising the scope was received the next day.
On 15 October 2025, I wrote to you suggesting some minor adjustments to the wording of
your revised scope. Your reply was received the same day, agreeing to revise the scope of
your request to:
I'm seeking Documents detailing the process or authority under which the decision to
proactively release was made in relation to the following document:
Department of Human Services
Introduction of myGov (First Release)
Privacy Impact Assessment
8 May 2013
I do not request a copy of the document itself.
The types of documents I seek include:
1. Briefings, Submissions or Memos recommending or approving the proactive
release.
2. Emails, meeting minutes, or file notes discussing the rationale for the release.
3. Correspondence with other departments (e.g., Department of Finance and
Deregulation) regarding the decision to publish the document.
I am happy to exclude:
1. any draft versions of the above document types
2. any documents that merely reference the proactive release but do not contain
anything of substance: For example, an email asking to discuss it but with no
actual facts discussed can be excluded.
Timeframe for Search:
The scope of this request is limited to documents created between 13 March 2014
and 4 July 2014
On 21 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 provided your agreement by return
email the same day, making the new due date 29 December 2025. The Office of the
Australian Information Commissioner was advised of the extension.
On 18 December 2025, we wrote to you to advise that the Agency was required to provide
you with a decision on your request by 29 December 2025. We explained that due to
multiple consultations required with relevant business areas about the documents within the
scope of your request and the Agency’s Reduced Activity Period, a decision would not be
provided to you by the due date. We advised that as a result, your request would be
considered deemed to be refused on 29 December 2025 under section 15AC of the FOI Act
and that we would continue to process your request administratively.
What I took into account
In writing this statement of reasons, I considered:
• your original request dated 26 September 2025
• your revised request of 15 October 2025
PAGE 5 OF 12
• other correspondence with you (extension of time request)
• 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
I am satisfied that certain parts of the Document you requested are exempt under the FOI
Act. My findings of fact and reasons for being satisfied the exemptions apply to the
Document, including the factors I am required to consider in section 11, are outlined below.
Section 42 of the FOI Act - Legal Professional Privilege
I have applied the exemption in section 42 of the FOI Act to parts of the document.
This section of the FOI Act allows the Agency to redact material from a document if it is
subject to legal professional privilege (LPP).
The FOI Act does not define LPP. Courts have held that deciding whether 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.
The document contains legal advice obtained by the Agency on specific matters. I am
satisfied that privilege in this 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 that the substance of the legal advice contained within the document has not been
used in any way which is inconsistent with the maintenance of the confidentiality of the
advice.
Further, I am satisfied the Agency’s ability to obtain legal advice on matters would be
substantially prejudiced if these parts of the document 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.
Consequently, the Agency’s ability to obtain candid and comprehensive legal advice in the
future would be substantially prejudiced if the Agency is expressly waiving privilege in
documents by making its legal advice publicly available via FOI processes.
For the reasons set out above, I am satisfied parts of the document are exempt under
section 42 of the FOI Act.
PAGE 6 OF 12
Section 47C of the FOI Act - Deliberative processes
I have applied the conditional exemption in section 47C of the FOI Act to certain parts of the
document.
Section 47C of the FOI Act provides a document is conditionally exempt if it would disclose
deliberative matter. Deliberative matter is an opinion, advice, recommendation, consultation
or deliberation that has taken place in the course of, or for the purposes of, the deliberative
processes of an agency. Material which is operational or purely factual information is not
deliberative. Further, the deliberative exemption does not apply to reports of scientific or
technical experts, reports of a body or organisation prescribed by the regulations, or a formal
statement of reasons.
I am satisfied that parts of the document contain deliberative matter, being advice,
recommendations, and opinions, prepared by Agency staff during a deliberative process
relevant to the Agency’s decision to make a document publicly available. I am satisfied the
material in the document is not operational information or purely factual information and is
not otherwise of a kind specifically excluded by the FOI Act.
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 could reasonably be
expected to prejudice the Agency’s ability to efficiently and effectively discuss and review the
contents of documents proposed for public release, inhibiting the provision of opinions,
advice and recommendations by Agency staff in the future.
Accordingly, I have decided the deliberative material contained in the document is
conditionally exempt under section 47C of the FOI Act.
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 could reasonably be
expected to prejudice the Agency by inhibiting the provision of opinions, advice and
recommendations by Agency staff regarding these types of matters. 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.
Section 47E(d) of the FOI Act - Operations of the Agency
I have applied the conditional exemption in section 47E(d) to certain parts of the document.
Section 47E(d) of the FOI Act allows the Agency to exempt material from a document if its
disclosure would have a substantial adverse effect on the Agency’s ability to conduct its
operations efficiently and properly.
I find the document as referred to in the Schedule contains internal Agency positional
mailboxes. It also contains one Australia Post Tracking identifier. I am satisfied that
providing this material to you, which is not publicly available, would negatively affect the
conduct of the Agency’s operations.
The Agency’s purpose is to provide high-quality government services and payments to
Australians. It is a large, public facing, government organisation with many points of contact
designed to facilitate its purpose.
PAGE 7 OF 12
To discharge its functions in accordance with this purpose, the Agency has established
channels of communication for customers and members of the public, which have been put
in place to ensure the effective management of the significant volume of communication
received. Such channels include dedicated and externally published and promoted positional
mailboxes of different business areas within the Agency to ensure correspondence is
appropriately logged and triaged to the correct business area and actioned accordingly.
The Agency has also established secure internal channels of communication, namely
internal Agency positional mailboxes for use by Agency staff. Internal Agency positional
mailboxes are not available to the public and facilitate confidential and prompt
communications within the Agency for the effective and efficient management of its
operations.
I consider release of internal Agency positional mailboxes increases the risks the Agency
faces associated with phishing emails sent to the Agency by malicious actors and could
result in unauthorised access to the Agency’s systems or disclosure of sensitive and
personal information of the Agency's customers. If such unauthorised access or disclosure
occurred, this information could be leveraged by malicious actors for nefarious purposes.
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 if the information is available in the public domain.
The Agency’s Annual Report for 2023-2024 states that from 1 July 2023 to 30 June 2024, the
Agency had 27.1 million Medicare customers, 8.5 million Centrelink customers and 1.1
million Child Support customers.
Given the volume of customers supported by the Agency, I am satisfied that unauthorised
access to the Agency’s systems would have a substantial adverse effect on the privacy of
Australian citizens and undermine the trust and confidence of the Australian public in the
security of the Agency’s systems and the government’s ability to protect the personal
information of Australian citizens.
The disclosure of internal Agency positional mailboxes could reasonably be expected to lead
to the avoidance of dedicated and externally published positional mailboxes to manage
communications with the public and would impair the Agency’s operations in circumstances
where individuals direct their enquiries and complaints to internal Agency positional
mailboxes.
Consequently, the existing mechanisms of contacting the Agency would likely be significantly
undermined which in turn, would also likely significantly prejudice or curtail the Agency’s
ability to effectively, efficiently and accurately deliver services to its customers, including in
respect of discrete aspects of the Agency’s administrative and decision-making processes.
Accordingly, I find that the disclosure of internal Agency positional mailboxes is conditionally
exempt under section 47E(d) of the FOI Act as release would, or could reasonably be
expected to, have a substantial adverse effect on the proper and efficient conduct of Agency
operations.
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.
PAGE 8 OF 12
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 a malicious actor would gain insight into Agency systems and processes and
exploit this knowledge for malicious purposes and therefore presents a cyber security risk.
This in turn would significantly prejudice the Agency’s ability to promptly and effectively
deliver services 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.
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.
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 the document.
Section 47F of the FOI Act allows the Agency to exempt material from a document if its
release would involve the unreasonable disclosure of personal information about any other
person.
Personal information is information or an opinion about an identified individual, or an
individual who is reasonably identifiable. For example, it can include a person’s name,
contact details, date of birth, medical records, bank account details, taxation information and
signature.
I find the document, as referred to in the Schedule, contains names and contact details of
staff, including phone numbers, signatures and other personal details of the Agency’s SES
staff members.
I am satisfied the disclosure of the personal information would be unreasonable, as you do
not have consent from these individuals for the release of their personal information. Further,
I am satisfied the information is private, not available publicly, and is not well known to you. I
also consider that revealing this information could reasonably be expected to expose the
identified Agency staff to contact outside reasonable working hours and may result in
harassment and/or threats from members of the public. While I am not suggesting you would
misuse the exempt information in any 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.
On this basis, I have decided the personal information included in the document as 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
PAGE 9 OF 12
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.
As identified in the Schedule, I have redacted the exempt information in the document and
released the remaining material in accordance with section 22(1) of the FOI Act.
Conclusion
In summary, I am satisfied that certain parts of the document, as set out in the Schedule are
exempt under section 42 of the FOI Act.
Furthermore, I consider parts of the document, as set out in the Schedule are conditionally
exempt under sections 47C, 47E(d) and 47F(1) of the FOI Act. I am satisfied that 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 29 December 2025, I would
have decided not to release the relevant document to you in full.
PAGE 10 OF 12
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 11 OF 12
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 12 OF 12
