If not delivered return to PO Box 7820 Canberra BC ACT 2610
2 January 2018
Our reference: LEX 33696
Mr Derek Adams
Only by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Adams
Freedom of Information request – Internal Review Decision
You requested an internal review of the decision made by an authorised decision maker of
the Department of Human Services (
department) under the
Freedom of Information Act
1982 (
FOI Act), dated 28 November 2017 (LEX 30212) (
original decision). Your request for
internal review was received by the department on 2 December 2017.
I am authorised to make decisions under section 23(1) of the FOI Act, including internal
review decisions under section 54C of the FOI Act, and my decision is set out below.
Original decision
On 14 June 2017, the department received your request for access to the following
documents under the FOI Act:
‘Copies of the following documents in their original electronic file formats (eg .html for
webpages, .xlsx or .xls for spreadsheets and so on):
All documents contained within the file "Perpetual Centrelink Calendar 107-
03040000" as listed on this page:
http://operational.humanservices.gov.au/public/Pages/debts/107-03040000-01.html’.
On 28 November 2017, the department provided you with the original decision to provide you
with access, in full, to the document.
Internal Review Decision
As is required by section 54C of the FOI Act, I am a decision maker other than the original
decision maker. I have made a fresh decision in relation to your request.
The department holds one document (totalling one page) in scope of your request. This one
page is the only page located within the ‘file’ you have specified.
I have decided to affirm the original decision and grant you access, in full, to the requested
document (document 1).
I note you have requested access to the document in its ‘original electronic file format’. The
document within the scope of your request is a webpage located on the department’s internal
intranet.
PAGE 1 OF 6
It is not possible for the department to provide you with access to the document in its original
electronic format, as to do so would require the department to facilitate your access to the
department’s intranet, which is only accessible to department employees.
Creating such access would result in you, an external third party, having access to
Commonwealth government information, which you have no authority to access. Further,
allowing external access to government systems would potentially create vulnerabilities in
the system.
On this basis I have decided that providing you with access in the form requested would
unreasonably interfere with the operations of the department, namely, the department’s
ability to maintain the integrity and security of the department’s internal intranet pages.
Pursuant to section 20(3)(a) of the FOI Act, I have decided to provide you with access to the
document in a PDF format.
Please see
Attachment A for a schedule of the document.
Your submissions
In making my decision, I have had regard to your submissions, provided along with your
request for internal review on 2 December 2017.
Broadly, you appear to be contending that the terms of your request and your historical
correspondence with the department make clear that you are seeking access to ‘the debt
calculator’.
In the department’s original decision, you were provided with full access to the contents of
the relevant operational blueprint document webpage, as requested in the terms of your
application. I consider that the original decision addressed the terms of your request and was
correctly made. The department provided access to the contents of the relevant page in PDF
format because, as detailed above, providing you access to the webpage itself would have
required us to facilitate your access to the department intranet. Obviously, facilitating such
access would have posed an unacceptable risk to the security of the department’s systems.
In your submissions, you have posed a number of questions regarding the ‘format of the
perpetual debt calendar ‘calculator’ tool’. You have also provided some commentary
regarding what you consider may be the nature of the tool. Due to the scope of your request,
your commentary and the questions you have posed do not go to the substance of this
internal review. For this reason, I do not propose to address them here. However, if you are
interested in accessing the ‘perpetual debt calendar’, or interested in documents detailing the
nature of the calendar, it is open to you to seek access to those documents by submitting a
new FOI request.
You can ask for a review of the decision
If you disagree with any part of the decision you can ask for an external review by the Office
of the Australian Information Commissioner. See
Attachment B for more information about
how arrange a review.
PAGE 2 OF 6
Department of Human Services
Further assistance
If you have any questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Jack
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
PAGE 3 OF 6
Department of Human Services
Attachment A
SCHEDULE OF DOCUMENTS
ADAMS, Derek - LEX 33696
INTERNAL REVIEW DECISION
Doc
Pages
Description
Decision
Comments
No.
1.
1
Operational Blue Print document –
Full access
Perpetual Centrelink Calendar 107-
03040000
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 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 section 54L of the FOI Act,
you can apply for a review of an FOI decision by the Australian Information Commissioner.
Note 1: There are no fees for these reviews.
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:
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.
PAGE 5 OF 6
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
