
If not delivered return to PO Box 7820 Canberra BC ACT 2610
8 March 2017
Our reference: LEX 26547
Mr Justin Warren
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Warren
Freedom of Information request – Internal Review Decision
I refer to your correspondence to the Department of Human Services (the
department)
dated 6 February 2017. You requested an internal review of the decision made by a
delegate of the department under the
Freedom of Information Act 1982 (
FOI Act) dated
3 February 2017 (LEX 24878) (the ‘
original decision’).
I am authorised to make decisions under section 23(1) of the FOI Act, including internal
review decisions under section 54C of the FOI Act, and my decision is set out below.
Original decision
On 3 January 2017 the department received your original request for access to the following
documents under the FOI Act:
'I request the following information relating to Taskforce Integrity, the initiative to
match Centrelink data with data from the Australian Tax Office (ATO) to detect
potential overpayment and the recovery of those overpayments from citizens:
- Documents listing identified risks, categorisations (Likelihood, Impact), and
treatments (i.e. Risk Registers) for Taskforce Integrity related projects in the period 1
Jan 2016 to 31 Dec 2016.
- Meeting agendas, minutes, and other notes for any meetings held with the Minister
for Human Services between 1 Jan 2016 and 31 Dec 2016, inclusive.
- Meeting agendas, minutes, and other notes for any meetings held with the Minister
for Social Services between 1 Jan 2016 and 31 Dec 2016, inclusive’.
On 3 February 2017, the department provided you with the original decision to refuse your
request under section 24A of the FOI Act because the requested documents do not exist.
Consistent with the requirements of the FOI Act, I have made a fresh decision, set out below.
PAGE 1 OF 6
Internal Review Decision
I have decided to affirm the original decision and refuse your request for access under
section 24A of the FOI Act on the basis that all reasonable steps have been taken to locate
the documents you have requested and I am satisfied that they do not exist. Please see
Attachment A for the reasons behind my decision.
You can ask for a review of our decision
If you disagree with any part of the decision you can ask for an external review by the Office
of the Australian Information Commissioner. You do not have to pay for reviews of decisions.
See
Attachment B for more information about how arrange a review.
Further assistance
If you have any questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx
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Department of Human Services
Attachment A
REASONS FOR DECISION
What you requested
'I request the following information relating to Taskforce Integrity, the initiative to match
Centrelink data with data from the Australian Tax Office (ATO) to detect potential
overpayment and the recovery of those overpayments from citizens:
- Documents listing identified risks, categorisations (Likelihood, Impact), and
treatments (i.e. Risk Registers) for Taskforce Integrity related projects in the period 1
Jan 2016 to 31 Dec 2016.
- Meeting agendas, minutes, and other notes for any meetings held with the Minister
for Human Services between 1 Jan 2016 and 31 Dec 2016, inclusive.
- Meeting agendas, minutes, and other notes for any meetings held with the Minister
for Social Services between 1 Jan 2016 and 31 Dec 2016, inclusive'.
What I took into account
In reaching my decision I took into account:
your original request dated 3 January 2017;
your internal review request dated 6 February 2017;
the documents that fall within the scope of your request;
consultations with departmental officers about:
o the nature of the documents;
o the department's operating environment and functions;
guidelines issued by the Australian Information Commissioner under section 93A of
the FOI Act (the
Guidelines);
the FOI Act.
Reasons for my decisions
I am authorised to make decisions under section 23(1) of the FOI Act.
Section 24A of the FOI Act
Section 24A of the FOI Act provides that:
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency's or Minister's possession but cannot be found; or
(ii) does not exist.
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Department of Human Services
You have requested documents specifically in relation to Taskforce Integrity. Taskforce
Integrity partner with the Australian Federal Police to investigate and detect welfare fraud.
The taskforce undertakes analysis of payment information and other data in order to identify
individual non-compliance and more organised and complex fraud.
The department’s FOI team contacted Taskforce Integrity and asked them to conduct
searches of their records. Search minutes with the exact scope of your request were
provided to Taskforce Integrity as subject matter experts. They have confirmed that there
are no documents matching the description in your request.
Your internal review requests notes “I find it hard to believe that a government department
would have no documented risks or risk treatments for a major project that the Minister has
made public statements about”. Taskforce Integrity investigate and detect welfare fraud and
they do not hold any documents that match the description or period identified in your
request.
Your internal review request also notes ‘it would also appear that my request was confusing
in what I was asking for… I want to know the scope that the Department has chosen to use,
without any discussion with me as the requester to clarify my intent.’ Where a request
complies with section 15(2)(b) of the FOI Act [identification of documents] there is no
requirement that the department consult with you so that you identify documents. Taskforce
Integrity consider matters where payments may be an issue and as noted above, the full
request made by you was provided to the department’s subject matter experts.
On the basis of the searches detailed above, I am satisfied that in accordance with section
24A of the FOI Act:
1. all reasonable steps have been taken to find the documents; and
2. the documents do not exist.
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Department of Human Services

If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Applying for external review by the Australian Information Commissioner
If you do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
If you do not receive a decision from an Internal Review Officer in the department within 30
days of applying, you can ask the Australian Information Commissioner for a review of the
original FOI decision.
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:
xxxxxxxxx@xxxx.xxx.xx
Note 3: The Office of the Australian Information Commissioner generally prefers FOI
applicants to seek internal review before applying for external review by the Australian
Information Commissioner.
Important:
If you are applying online, the application form the 'Merits Review Form' is available at
www.oaic.gov.au.
If you have one, you should include with your application a copy of the Department of
Human Services' decision on your FOI request
Include your contact details
Set out your reasons for objecting to the department's decision.
Complaints to the Information Commissioner and Commonwealth Ombudsman
Information Commissioner
You may complain to the 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 Information Commissioner must be made in writing.
The Information Commissioner's contact details are:
Telephone: 1300 363 992
Website:
www.oaic.gov.au
PAGE 5 OF 6
Commonwealth Ombudsman
You may also complain to the 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 Ombudsman may be made in person, by telephone
or in writing. The 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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Department of Human Services