If not delivered return to PO Box 7820 Canberra BC ACT 2610
22 May 2017
Our reference: LEX 29261
Mr Keith Owen
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Owen
Decision on your Freedom of Information request
I refer to your request, dated 22 April 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 respectfully request data on the number of suicides and homicides recorded by the
Child Support arm of the Department of Human Services for the preceding 12
months.
I respectfully request data on the number of "Termination Events" involving the death
of either a payee or a payer recorded by the Child Support arm of the Department of
Human Services.
We are aware these statistics are recorded, with particular reference to Suicides and
Homicides because the Child Support Arm of the Department of Human Services
makes reference to this data being recorded as a result of a "Critical Incident" and
treated as separate cases to generally recording the deaths of clients as "Termination
Events”.’
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 ema
il 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
PAGE 2 OF 6
Department of Human Services
Attachment A
REASONS FOR DECISION
What you requested
'I respectfully request data on the number of suicides and homicides recorded by the
Child Support arm of the Department of Human Services for the preceding 12
months.
I respectfully request data on the number of "Termination Events" involving the death
of either a payee or a payer recorded by the Child Support arm of the Department of
Human Services.
We are aware these statistics are recorded, with particular reference to Suicides and
Homicides because the Child Support Arm of the Department of Human Services
makes reference to this data being recorded as a result of a "Critical Incident" and
treated as separate cases to generally recording the deaths of clients as "Termination
Events”.’
What I took into account
In reaching my decision I took into account:
• your original request dated 22 April 2017;
• consultations with departmental officers about 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 Child Support Smart Centres Division conducted searches of the department's
electronic records. The Division did not identify any documents matching the description in
your request.
I undertook further consultations with this Division and was informed that the department
has no data on the number of suicides and homicides of child support parents. The
PAGE 3 OF 6
Department of Human Services
department does not request information about the circumstances of the death of child
support parents.
I was advised further that the department does not refer to the deaths of child support
parents as ‘termination events’. While the phrase ‘terminating events’ is commonly used by
the department, this phrase refers to a broad range of events, which result in a child support
case ending. Section 12 of the
Child Support (Assessment) Act 1989 (the
CSA Act)
defines
a ‘child support terminating event’. The CSA Act is available for you to view at
www.legislation.gov.au.
On the basis of the information I have been provided by the Child Support Smart Centres
Division, 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 4 OF 6
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.
PAGE 5 OF 6
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 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 'Merits Review Form' is available at
www.oaic.gov.au.
• 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 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 6 OF 6
Department of Human Services
Document Outline
