If not delivered return to PO Box 7820 Canberra BC ACT 2610
14 November 2025
Our reference: LEX 88148
Edward Pellew
Right to Know
Only by email
: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Edward
Decision on your Freedom of Information Request
I refer to your request, received by Services Australia (the Agency) on 22 October 2025 for
access under the
Freedom of Information Act 1982 (the FOI Act) to the following documents:
I seek access to documents in relation to an investigation involving the agency's
Fraud Fusion Taskforce regarding an alleged Medicare fraud conducted out of
immigration detention facilities.
Specifically, I seek:
1. Briefs prepared for the agency's executive.
2. Briefs prepared for the agency's portfolio ministers.
Date range: 1 January 2025 to today.
I agree to exclude personal affairs information of employees of Services Australia and
any other agencies involved. However this should not exclude position designations
and domain names. E.g. @department.gov.au.
My decision
The Agency holds 5 documents (totalling 22 pages) that relate to your request.
I have decided to
refuse access to all 5 documents.
I have decided that the documents you have requested are exempt under the FOI Act, as
they include:
• information the disclosure of which could reasonably be expected to prejudice the
conduct of an investigation of a breach, or possible breach, of the law or prejudice the
enforcement or proper administration of the law in a particular instance (section
37(1)(a) exemption), and
• the documents include personal information about other people (section 47F(1)
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.
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.
Further assistance
If you have any questions, please ema
il xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Cherie
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
I seek access to documents in relation to an investigation involving the agency's
Fraud Fusion Taskforce regarding an alleged Medicare fraud conducted out of
immigration detention facilities.
Specifically, I seek:
1. Briefs prepared for the agency's executive.
2. Briefs prepared for the agency's portfolio ministers.
Date range: 1 January 2025 to today.
I agree to exclude personal affairs information of employees of Services Australia and
any other agencies involved. However this should not exclude position designations
and domain names. E.g. @department.gov.au.
On 22 October 2025, the Agency acknowledged your original request. Your request above
consents to exclude personal details about our junior staff (such as their names) therefore,
staff details have been redacted in accordance with section 22(1) of the FOI Act.
What I took into account
In reaching my decision I took into account:
• your request dated 22 October 2025
• 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.
Reasons for my decisions
I am authorised to make decisions under section 23(1) of the FOI Act.
I have decided that the documents 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 37(1)(a) of the FOI Act - documents affecting enforcement of law
I have applied the exemption in section 37(1)(a) to the entirety of Documents 1 to 5.
Section 37(1)(a) of the FOI Act provides that:
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'A document is an exempt document if its disclosure under this Act would, or could
reasonably be expected to
(a) prejudice the conduct of an investigation of a breach, or possible breach, of the
law, or a failure, or possible failure, to comply with a law relating to taxation or
prejudice the enforcement or proper administration of the law in a particular
instance.'
I have found that the documents, as referred to in the Schedule, are exempt under
section 37(1)(a) of the FOI Act. The material to which I have refused access is part of a
current investigation by the Agency.
Paragraph 5.98 of the Guidelines provides that a document should have a connection with
the criminal law or the processes of upholding or enforcing civil law or administering a law, in
order to be exempt under section 37(1)(a) of the FOI Act. This is not confined to court action
or court processes but extends to the work of agencies in administering legislative schemes
and requirements, monitoring compliance, and investigating breaches. I also note that the
FOI Act does not control or restrict any subsequent use or dissemination of information
released under the FOI Act.
I consider that these documents relate to an ongoing investigation conducted by the Agency
and that disclosure could reasonably be expected to prejudice the conduct of this
investigation of a breach, or possible breach of the social security law. Disclosure of these
documents under the FOI Act amounts to disclosure to the world at large.
I am satisfied that the release of these documents would disclose information about the
Agency's investigative procedures, and potentially adversely affect the current investigation
being undertaken by the Agency.
For the reasons set out above, I am satisfied that the material is exempt under
section 37(1)(a) of the FOI Act and will not be released to you.
Section 47F of the FOI Act - unreasonable disclosure of personal information
I have applied the conditional exemption in section 47F(1) to parts of Documents 2, 3 and 4.
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 documents 2, 3 and 4 as referred to in the Schedule contain names and address details
of other people.
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 or could be easily ascertained.
On this basis, I have decided the personal information included in Documents 2, 3 and 4
referred to in the Schedule is conditionally exempt under section 47F(1) of the FOI Act.
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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
• inform debate on a matter of public importance
• promote effective oversight of public expenditure, and
• allow a person to access his or her personal information.
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.
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.
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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) 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 allows you to correct any
misunderstandings.
Requesting a formal review of a FOI decision
If you consider the decision is incorrect, you have the right to apply for a review under
sections 54 and 54L of the
Freedom of Information Act 1982 (the FOI Act).
You can apply for:
1. an
internal review by an Internal Review Officer of Services Australia (the agency),
and/or
2. an
external review by the Australian Information Commissioner.
Applying for an internal review by an Internal Review Officer
In an 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 make a fresh
decision on your request and will consider all aspects of the original decision and identify any
relevant additional factors.
An application for an 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 disagree with the original or internal review decision, or if you have not received a
decision within 30 days of applying for an internal review, you will have 60 days to apply in
writing for a review by the Australian Information Commissioner.
Note: The Australian Information Commissioner generally prefers FOI applicants to seek an
internal review before applying for an external review.
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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:
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
• If you have one, you should include with your application a copy of the Agency's
original and internal review decisions 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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