If not delivered return to PO Box 7820 Canberra BC ACT 2610
10 June 2016
Our reference: LEX 19423
Adi Berry
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Adi
Your Freedom of Information Request
I refer to your request for access to documents under the
Freedom of Information Act 1982
(the
FOI Act). I have taken your request to be for:
'I request all emails/memos/newsletters sent to all staff in the child protection service
and child FIRST within the last 3 months’.
Your request was received by the Australian Government Department of Human Services
(the department) on 6 June 2016 and the 30 day statutory period for processing your request
commenced from the day after that date. You should therefore expect a decision from us by
6 July 2016. The period of 30 days may be extended if we need to consult third parties or for
other reasons. We will advise you if this happens.
The department will advise you if a charge is payable to process your request and the
amount of any such charge as soon as practicable. No charge is payable for providing a
person with their own personal information.
Your Address
The FOI Act requires that you provide us with an address which we can send notices to. You
have advised your electronic address is xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx. We
will send all notices and correspondence to this address. Please advise us as soon as
possible if you wish correspondence to be sent to another address or if your address
changes. If you do not advise us of changes to your address, correspondence and notices
will continue to be sent to the address specified above.
Consultation about the scope of your request
I cannot identify the documents you want and I am asking you to give me specific details
about the information you are after. If you decide not to give this information, I will have to
refuse your FOI request as a 'practical refusal reason' exists. For a more detailed explanation
of what this means see
Attachment A.
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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 that you do not want to revise your request.
If you do not do contact us during the consultation period, we will assume you do not want to
continue with your request. 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 department find the documents.
At
Attachment B is a form which you can use to revise your request in writing. 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
During the consultation period you are welcome to ask for assistance in revising your request
and filling out the form. You can contact an FOI Practitioner:
in writing to the address at the top of this letter
via email to xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx.xx
Note: When you contact us please quote the reference number
FOI LEX 19423.
Your response will be expected by
24 June 2016. If no response is received, your matter will
be taken as withdrawn.
Disclosure Log
Please note that information released under FOI Act may be published in a disclosure log on
the department's website. Section 11C of the FOI Act requires this publication, however it is
subject to certain exceptions, including where publication of personal, business, professional
or commercial information would be unreasonable.
Exclusion of junior department employee details
The department is working towards ensuring that all employees have a choice about whether
they provide their full name, personal logon identifiers and direct contact details in response
to public enquiries. Where such details are included in the scope of a request, this may add
to processing time and applicable charges as it may be necessary to consider whether the
details are exempt under the FOI Act. On this basis, unless you tell us otherwise, we will
assume that these details are out of scope of your request and they will be redacted under
section 22 of the FOI Act.
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Department of Human Services
Further assistance
If you have any questions please email xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx.xx.
Yours sincerely
FOI Registration Officer
Freedom of Information Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
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Department of Human Services
Attachment A
What I took into account
You requested access under the
Freedom of Information Act 1982 (the FOI Act) to the
following documents:
'I request all emails/memos/newsletters sent to all staff in the child protection service
and child FIRST within the last 3 months’.
I am not able to reasonably identify what documents you want because it appears your
request has been directed to the wrong department.
The Commonwealth Department of Human Services is responsible for the development of
service delivery policy and provides access to social, health and other payments and
services. The Commonwealth Department of Human Services offers a range of health, social
and welfare payments and services through Medicare, Centrelink and Child Support.
The Victorian Government Department of Human Services plans, funds and delivers
community and housing services. They are also are responsible for child-centred, family-
focused services to protect children and young people in Victoria from significant harm
caused by abuse or neglect within the family. The Victorian Government Department of
Human Services has 24 Child and Family Information, Referral and Support Teams
(Child FIRSTs) across the state. Each Child FIRST provides a central referral point to a
range of community-based family services and other supports within each of the Child FIRST
catchment areas.
Your request references ‘…child protection service and child FIRST… …’, which is more
aligned with the functions and structure of the Victorian Government Department of Human
Services. We therefore believe you should direct your request to the Victorian Government
Department of Human Services. Information about how to make an FOI request to the
Victorian Government Department of Human Service is available at
http://www.dhs.vic.gov.au/for-individuals/applying-for-documents-and-records/freedom-of-
information.
Under sections 24AA(1)(b) and 24 of the
Freedom of Information Act 1982, I intend to refuse
your FOI request as a 'practical refusal reason' exists. Under the Act, the practical refusal
reason is that your request does not satisfy the requirements in paragraph 15(2)(b)
(identification of documents).
Relevant sections of the Freedom of Information Act 1982
Section 24AA(1)(b) of the FOI Act provides that 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 that a request must provide such information as is
reasonably necessary to enable the agency to identify the documents that are being
requested.
Section 24AB(7) of the FOI Act provides that the request is taken to have been withdrawn
under 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
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Department of Human Services
the applicant does not do one of the things mentioned in subsection (6) before the
end of the consultation period.
Section 24AB(7) (subsection 6) says that the applicant must, before the end of the
consultation period, do one of the following, by written notice to the agency or Minister:
withdraw the request,
make a revised request, or
indicate that the applicant does not wish to revise the request.
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Department of Human Services
If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment B
FREEDOM OF INFORMATION REVISED REQUEST FORM
(Section 24AB of the FOI Act)
NOTE: You do not have to fill out every part of this form. However, providing as
much detail as possible could help to reduce the amount of work involved for the
department to process your request.
Name Adi
Berry
FOI LEX number 19423
Contact phone
number
'…access to details of cases of child protection and child first that
involved emotional abuse and/or neglect from 2005 onwards. In
particular, details such as the number of reports made per year,
the nature of these reports and outlines of these reports (the most
that can be reasonably disclosed within the extent of the law), the
demographics of these children and families, suburbs with the
Initial request
highest number of reports/cases, and the outcomes of these
details
reports of emotional abuse and/or neglect cases. Details of the
processes involved in these cases will also be of great assistance.
All details requested are pertaining only to cases of emotional
abuse and/or neglect. A comparison of this data of cases against
data of physical and sexual abuse cases will also be greatly
appreciated’.
I, Adi Berry, would like to revise my current FOI request.
1. I would like to limit the time period of documents to:
□ A specific date:
______ / ______ / ________ ;
[day] [month] [year]
□ A specific year:
________ ; or
[year]
□ The date range from: ____ / _____ / _____ to ____ / _____ / _____
[day] [month] [year] [day] [month] [year]
2. My request relates to documents for:
□
A
Centrelink
□
B
Medicare
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□
C
Child Support
□
D
CRS Australia
3. Please provide any extra information to assist us to identify the documents.
Name of the document (if known): ______________________________________
Reference/file number (if known): ______________________________________
Extra information :
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________
If you need more space, attach a separate page with details.
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Department of Human Services
We can provide some documents to you without an FOI request.
4. If your request can be completed without a formal FOI request, do you want us to
send the documents this way?
□ Yes
□ No
HOW TO SEND THIS FORM
By post to:
FOI Team
Department of Human Services
PO Box 7820
CANBERRA BC ACT 2610
Reference number FOI LEX 19423.
OR
Email to:
xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx.xx
Reference number FOI LEX 19423. You do not have to include your signature
in your email.
PAGE 8 OF 8
Department of Human Services
