LEX 28805 Decision.pdf

If not delivered return to PO Box 7820 Canberra BC ACT 2610

24 April 2017

Our reference:  LEX 28805
Mr Justin Warren

By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Mr Warren,
Decision on your Freedom of Information request
I refer to your request, dated 24 March 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 documents:
'… those documents that authorised the release of information under section
208(1)(a) of the Social Security (Administration) Act 1999
(http://www.austlii.edu.au/au/legis/cth/consol_act/ssa1999338/s208.html) between
the dates of 1 June 2016 to 1 March 2017 (inclusive) that are classed under Social
Security (Public Interest Certificate Guidelines) (DSS) Determination 2015 section 10
(Mistake of fact)
(https://www.legislation.gov.au/Details/F2015L01267/Html/Text#_Toc419446044)'.

My decision
I have decided to 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 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 arrange a review.
PAGE 1 OF 6

Further assistance
If you have any questions please email xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.

Yours sincerely

Jessica
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

'… those documents that authorised the release of information under section 208(1)(a)
of the Social Security (Administration) Act 1999
(http://www.austlii.edu.au/au/legis/cth/consol_act/ssa1999338/s208.html) between the
dates of 1 June 2016 to 1 March 2017 (inclusive) that are classed under Social
Security (Public Interest Certificate Guidelines) (DSS) Determination 2015 section 10
(Mistake of fact)
(https://www.legislation.gov.au/Details/F2015L01267/Html/Text#_Toc419446044)'.

What I took into account
In reaching my decision I took into account:
  your original request dated 24 March 2017;
  any 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); and
  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.

The department’s Ombudsman and Information Release Branch (the Branch) is primarily
responsible for managing the release of information under certain provisions of the social
security law by the department. This Branch was best placed to conduct searches of their
electronic databases due to the terms of your request (which is narrower than your previous
FOI request – LEX 27960). Information Release section records are maintained
electronically in the Information Release Computer System (IRCS). Multiple searches were
conducted on the IRCS and the Branch did not identify any documents that were issued
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Department of Human Services

between 1 June 2016 and 1 March 2017 (inclusive) under section 10 (Mistake of fact) of the
Social Security (Public Interest Certificate Guidelines) (DSS) Determination 2015.

On the basis of these searches, 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

Asking for a full explanation of a Freedom of Information decision
Before you ask for a formal review of an 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 sections 54 and 54L of the
FOI Act, you can apply for a review of an 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.
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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

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