If not delivered return to PO Box 7820 Canberra BC ACT 2610
22 May 2017
Our reference: LEX 25069
Mr Luke Bacon
Right to Know
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Bacon
Decision on your Freedom of Information request
I refer to your request dated 8 January 2017 and received by the Department of Human
Services (the
department) on the same date for access under the
Freedom of Information
Act 1982 (the
FOI Act) to the following:
‘The Department runs a "data matching" process called the Non Employment Income
Data Matching (NEIDM) project. Could you please send through:
1. the latest document that lists the software used to run this project;
2. the latest document that identifies the group(s) responsible for managing this
project, maintaining the software that runs it, and ongoing development of that
software; and,
3. the latest version of the source code for the software that performs the data
matching'.
Deemed refusal
I note that you have not been provided with a notice of a decision within the statutory period
for processing your FOI request. This means that the decision on your request is a ‘deemed
refusal’ decision by operation of the FOI Act.
Nevertheless, we have continued to process your request and my decision is set out below.
My decision
The department holds one document (totalling 21 pages) that relates to Part 1 of your
request.
I have decided to grant you
full access to that document.
In addition, I have decided to
refuse access to documents in relation parts 2 and 3 of your
request 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 cannot be
located or do not exist.
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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.
Release of document The document is attached.
Since making your FOI request, information regarding the NEIDM program protocol has
come into the public domain, including the Australian Information Commissioner’s response
to Questions on Notice from the Senate Community Affairs References Committee Inquiry on
the design, scope, cost-benefit analysis, contracts awarded and implementation associated
with the Better Management of the Social Welfare System initiative, which is availabl
e here. Charges
On 22 February 2017, the department notified you that you were liable to pay a charge of
$15.00 for the processing of your request. On 6 April 2017, the department received your
payment by money order.
I have considered the actual cost of processing the request and I am of the view that this
amount represented a fair and reasonable calculation of the cost to the Department in order
to process your request.
However, as the decision was a ‘deemed refusal’, the department will refund the amount of
$15.00 to you.
Please contact us at the email address below to arrange for the refund.
You can ask for a review of our decision
If you disagree with any part of my decision you can ask for a review. Under section 54E of
the FOI Act, as the decision was a ‘deemed refusal’ you cannot seek an internal review from
within the department. You have the right to seek a review by the Australian Information
Commissioner. You do not have to pay for reviews of decisions. See
Attachment B for more
information about how to arrange a review.
Further assistance
If you have any questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx
Yours sincerely
Charlie
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
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Department of Human Services
If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment A
LIST OF DOCUMENTS FOR RELEASE
RIGHT TO KNOW – MR LUKE BACON - LEX 25069
Doc
Pages
Date
Description
Comments
No.
1.
1
– 21 August
Non-Employment Income Data Matching Program Protocol
2016
PAGE 3 OF 7
If not delivered return to PO Box 7820 Canberra BC ACT 2610
REASONS FOR DECISION
What you requested
On
8 January 2017, you submitted the following FOI request:
' The Department runs a "data matching" process called the Non Employment Income
Data Matching (NEIDM) project. Could you please send through:
1. the latest document that lists the software used to run this project;
2. the latest document that identifies the group(s) responsible for managing this
project, maintaining the software that runs it, and ongoing development of that
software; and,
3. the latest version of the source code for the software that performs the data
matching'.
On 7 February 2017, the department wrote to you to advise that the period for processing
your request had been extended by 30 days in order to allow the department time to consult
with third parties whose information was contained in documents that were in scope of your
request.
On 28 February 2017, the department wrote to you to advise that a document known as
“Program Protocol Non-Employment Income Data Matching – NEIDM” had been located and
was the basis for the calculation of the charge that was notified to you on 22 February 2017.
On 3 March 2017, the department wrote to you to advise that:
only one document had been identified within scope of your request;
the details of this document had already been provided to you; and
the document is relevant to portions of your request and does not contain all the
information requested.
What I took into account
In reaching my decision I took into account:
your original request dated 8 January 2017;
correspondence from the department to you on 7 February 2017, 28 February 2017
and 3 March 2017;
other discussions and correspondence with you;
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;
PAGE 4 OF 7
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.
Parts 2 and 3 of your request
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.
I undertook consultations with the Customer Compliance Division, ICT Infrastructure Division
and the Applications Delivery Division regarding Parts 2 and 3 of your request. These
Divisions did not identify any documents matching the descriptions of Parts 2 and 3 of your
request.
In relation to Part 2 of your request, I was advised that, as NEIDM has not yet been fully
implemented as a policy and is still in the preparation stage, the department does not hold a
specific document that identified the group or groups responsible for managing the NEIDM
project, maintaining the software that runs it, and ongoing development of the software.
In relation to Part 3 of your request, I was advised that, as NEIDM has not yet been fully
implemented as a policy and is still in the preparation stage, the department has not yet
developed the source code to be used for the NEIDM project.
On the basis of the searches that have been conducted, 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.
PAGE 5 OF 7
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
Asking for a full explanation of a Freedom of Information 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 gives you a chance to correct
misunderstandings.
Asking for a formal review of an Freedom of Information decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (FOI Act)
gives you the right to apply for a review of the decision. Under the FOI Act, you can apply for
a review of an FOI decision by the Australian Information Commissioner.
Note: There are no fees for these reviews.
Applying for external review by the Australian Information Commissioner
If you do not agree with the department’s decision, you can ask the Australian Information
Commissioner to review the 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
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.
PAGE 6 OF 7
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 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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Department of Human Services
