If not delivered return to PO Box 7820 Canberra BC ACT 2610
16 February 2017
Our reference: LEX 26182
Mr Rodney Malone
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Malone
Your Freedom of Information request
I refer to your request dated 30 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:
'I would like to know the retention period of þe following documents/information held
by the department . The information submitted by Newstart and Austudy applicants
when making a claim.These include:
1.online or paper application form
2.fortnightly income declarations/asset updates 3.All other supporting documentation
to process the claim such as proof of citizenship,lease,bank statements, detailed
income asset forms,rent certificates,emploment termination certificate.
Please indicate retentions periods for the above info both in paper as well as
electronic format including primary as well as secondary copies’. [sic]
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.
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 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.
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Note: You may want to access the department's online services at
www.humanservices.gov.au to immediately find some of the personal information and
documents included in your original request.
Contact officer
I am the contact officer for your request. During the consultation period you are welcome to
ask for my help in revising your request and filling out the form. You can contact me:
• in writing to the address at the top of this letter
• via email t
o xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx
Note: When you contact us please quote the reference number
FOI LEX 26182.
Your response will be expected by 2 March 2017
. If no response is received, your matter will
be taken as withdrawn.
Your Address
The FOI Act requires that you provide us with an address which we can send notices to. You
have advised your email 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.
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 departmental 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.
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
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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:
'I would like to know the retention period of þe following documents/information held
by the department . The information submitted by Newstart and Austudy applicants
when making a claim.These include:
1.online or paper application form
2.fortnightly income declarations/asset updates 3.All other supporting documentation
to process the claim such as proof of citizenship,lease,bank statements, detailed
income asset forms,rent certificates,emploment termination certificate.
Please indicate retentions periods for the above info both in paper as well as
electronic format including primary as well as secondary copies’. [sic]
Your request does not provide enough information for the department to identify the
documents you are seeking. I am not able to reasonably identify what documents you want
because I do not understand what you mean by:
“retention period(s) of …following
documents/information held by the department…” (emphasis added).
Your request does not name particular documents but rather asks questions. To assist you in
reformulating your request certain publically available resources may provide useful
background information. The department and the National Archives of Australia have
developed Records Authorities to set out the requirements for keeping and destroying
records for the core business areas across the department.
The Department of Human
Services, Payment and Service Delivery Management Records Authority can be accessed at
http://www.naa.gov.au/naaresources/ra/2011-00714998.pdf.
Please provide more 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.
Under sections 24AA(1)(b) and 24 of the Freedom of Information Act, 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 at
the end of the consultation period if:
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Department of Human Services
• the applicant does not consult the contact person during the consultation period in
accordance with the notice, or
• 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
