If not delivered return to PO Box 7820 Canberra BC ACT 2610
14 March 2017
Our reference: LEX 26182
Mr Rodney Malone
Right to Know
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Malone
Decision on 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 day 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 [sic] 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,employment [sic] 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'.
My decision
I have decided to refuse your request under section 24(1) of the FOI Act because a 'practical
refusal reason' still exists under section 24AA of the FOI Act. I am satisfied under
section 21AA(1)(b) that your request does not provide sufficient information to enable the
department to identify the documents you are seeking, as required by section 15(2)(b) of the
FOI Act.
The reasons for my decision, including the relevant sections of the FOI Act, are set out in
Attachment A.
You can ask for a review of our decision
If you disagree with 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 department, or 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 to arrange a review.
PAGE 1 OF 7
Further assistance
If you have any questions please ema
il 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
If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment A
REASONS FOR DECISION
What you requested
• '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'.
Request consultation process
On 16 February 2017, I wrote to you providing a notice of intention to refuse your request
under section 24AB(2) of the FOI Act as your request did not clearly identify the documents
you were seeking access to. I gave you an opportunity to consult with the department to
revise your request so as to remove the practical refusal reason. Specifically, the department
suggested that you ask for specific documents rather than seek answers to questions. In
addition the department referred you to a link:
http://www.naa.gov.au/naaresources/ra/2011-
00714998.pdf on the National Archives Resource page and invited you to visit that link with a
view to assisting you with reformulating your request.
On 1 March 2017 you responded to the section 24AB (2) notice and stated:
'Thank you for your prompt reply. I see that the retention period schedule from
National archives has been provided as a guide. Would it be possible for the
department to identify the retention periods for the documents originally listed in my
original request according to National archives retention schedule-as in which
documents fall under which category as listed by national arcĥves [sic].
The other thing I would like to know if the there are documents that indicate that a
retention period greater than the minimum retention period as per the National
archives retention schedule is being subscribed by the department for the documents
originally listed or strictly the period precribed [sic] by National archives is being
adhered to'.
The department is of the view that your response of 1 March 2017, does not provide any
clarification towards the documents you are requesting. Instead you are asking further
questions, answers to which can be located in the link already provided to you. Please
review the link already referred to and in particular, page 8, under:
Payment and Service
Delivery Management, class no 60685
for details of the retention periods for the documents
originally listed in your original request.
In relation to your additional request for information please consider the link already provided
at page 2 under:
Application of this Authority at paragraph 8 for information about the
minimum retention period.
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What I took into account
In reaching my decision I took into account:
•
your original request dated 30 January 2017;
•
other correspondence with you on 16 February 2017 and 1 March 2017;
•
consultations with departmental officers about:
o the nature of the requested documents; and
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.
Following the request consultation process outlined above, in accordance with section 24AB
of the FOI Act, I am satisfied that a practical refusal reason still exists in that you have not
provided sufficient information to identify the requested documents. The reasons for my
decision are outlined below.
Practical refusal reason
Section 24AA 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 (identification of documents).
Section 15(2)(b) of the FOI Act provides that a valid FOI request must:
'provide such information concerning the document as is reasonably necessary to
enable a responsible officer of the agency, or the Minister, to identify it'.
Why your request does not satisfy the requirement in section 15(2)(b)
Your request and your subsequent correspondence was for answers to particular questions.
It did not make any reference to specific documents. In order to assist you, the department
provided a document via electronic link, which is publicly available, that it considers could
provide answers to your questions and assist you to revise your request. The department
does not consider however, that your subsequent correspondence has sufficiently identified
any further documents. We note that the then, FOI Commissioner James Popple,
commented in
Mills and Department of Immigration and Border Protection [2014] AIcmr 54
(10 June 2014), ‘the department accepts that a request for documents can be phrased by
reference to the information that those documents contain. However, in this case, your
request does not provide enough specific information to enable us to identify the documents
that you are seeking. A request under the FOI Act must be for documents, rather than for
answers to questions or to seek information generally.
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Department of Human Services
Conclusion
In summary, I am satisfied that your request does not satisfy the requirement in
section 15(2)(b) of the FOI Act, in that it does not provide sufficient information to enable the
department to identify the documents you are seeking.
I have found that a practical refusal reason exists in relation to your request for access to the
documents. Accordingly I have decided to refuse your request under section 24(1) of the
FOI Act.
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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
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 a 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 sections 54 and 54L of the
FOI Act, you can apply for a review of a FOI decision by:
1. an Internal Review Officer in the Department of Human Services (the department);
and/or
2. the Australian Information Commissioner.
Note 1: There are no fees for these reviews.
Applying for an internal review by an Internal Review Officer
If you apply for internal review, a different decision maker to the departmental delegate who
made the original decision will carry out the review. The Internal Review Officer will consider
all aspects of the original decision and decide whether it should change. An application for
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.
Note 2: 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 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:
PAGE 6 OF 7
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 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.
PAGE 7 OF 7
Department of Human Services
Document Outline
