If not delivered return to PO Box 7820 Canberra BC ACT 2610
22 May 2017
Our reference: LEX 28337
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 14 March 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 documents:
‘I request a copy of the Non Employment Income Data Matching (NEIDM) project's
program protocol that is mentioned in the Commonwealth Gazette dated
August 2016.’
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 your request.
I have decided to grant you
full access to this document.
How we will send the document to you
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 available
here.
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You can ask for a review of our decision
On 17 May 2017, you wrote to us to request an internal review in relation to your request.
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.
On 18 May 2017, the department received notification from the Office of the Australian
Information Commissioner that you have applied for a review by the Australian Information
Commissioner in relation to your request. Under the FOI Act, the department can continue to
process your request notwithstanding that you have also sought a review by the Australian
Information Commissioner.
See
Attachment B for more information about your review rights.
Further assistance
If you have any questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx. Yours sincerely
Charlotte
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
JUSTIN WARREN - LEX 28337
Doc
Pages
Date
Description
Comments
No.
1.
1-
21
August
Non-Employment Income Data Matching (NEIDM)
2016
Program Protocol
PAGE 3 OF 5
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 4 OF 5
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.
PAGE 5 OF 5
Department of Human Services
