FOI
Internal review decision made under the Freedom of Information Act 1982
Internal review decision and reasons for decision by Position Number 62210136
Legal Services and Assurance Branch - Legal, Governance and Assurance Division
Applicant:
Verity Pane
Date of primary decision:
13 September 2018
FOI reference number:
FOI 23543
Internal review decision date:
15 October 2018
Internal review reference number:
IR 24470
Dear Ms Pane,
1.
The purpose of this letter is to give you my decision about your request for internal review, under the
Freedom of Information Act 1982 (
the FOI Act).
2.
I have made a decision to affirm the original decision made by Position Number 62210022,
Information Law Team, Legal Services and Assurance Branch, Legal, Governance and Assurance
Division, to release two documents, in part, subject to your request.
Background
3.
I, Position Number 62210136, am an officer authorised by the Secretary of the Department of
Veterans’ Affairs (
the Department) under section 23 of the FOI Act, to review decisions about access
to documents in the possession of the Department, in accordance with section 54C of the FOI Act.
4.
On 16 July 2018, you made a request for access to documents in the possession of the Department.
Your request sought access to:
… copy of the client satisfaction survey (https://www.dva.gov.au/consultation-and-
grants/client-satisfaction-survey) sample selection methodology (a survey it is claimed is
carried out biannually).
…
… any documentation recording or explaining as to why the survey is only carried out via the
telephone via CATI (Computer-Assisted Telephone Interviewing) compared to online collection,
using Survey Monkey or the other like platform (especially given the cost benefits). …
1
5.
As an extension of time was applied to process your request, in accordance with subsection 15(6) of
the FOI Act, a decision on your request was due by 14 September 2018.
6.
The decision maker decided not to impose a charge in relation to your request, in accordance with
subregulation 3(1) of the
Freedom of Information (Charges) Regulations 1982.
7.
On 13 September 2018, you were provided with a decision relating to access to two documents
within the scope of your request. Those documents relevant to your request were provided to you in
part, deleting irrelevant material, in accordance with subparagraph 22(1)(a)(ii) and subsection 22(2)
of the FOI Act.
8.
On 13 September 2018, you requested an internal review of the above decision. In your request,
across two emails, you specifically stated:
… I seek internal review to ensure a proper search for all relevant documents has occurred for
all, and not just part of the scope of the FOI, as it seems the search has been very inefficient
indeed.
…
Internal review is therefore necessary in order for DVA to search the most relevant place, which
it artificially excluded in this response. …
Decision and Reasons for Decision
9.
I have made a decision to affirm the original decision to release two documents, in part, subject to
your request.
10.
I am satisfied that the Department has undertaken additional searches and have been unable to
identify any further documents within the scope of your request, as set out in paragraph 4 above.
11.
Further, I have decided that parts of the two released documents have been appropriately
deleted/redacted. In that regard, I am satisfied that to give full access to those documents would
disclose information that would reasonably be regarded as irrelevant to your request, as per the
provisions in paragraph 7 above.
12.
In making my decision, following the Information Law Team’s request, to the relevant Business Area
to undertake additional searches to ensure all relevant documents had been captured, I have taken
the following material into account:
the terms of your primary request;
the terms of your request for an internal review;
the documents within the scope of your request;
the FOI Act;
2
the Guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act; and
meeting/discussion with the relevant Business Area.
13.
A full extract of the FOI Act provisions used to make my decision were provided in the original
decision, in Schedule 2 ‘
Schedule of relevant provisions in the FOI Act’.
Your rights of review
14. Under section 54L of the FOI Act, if you are dissatisfied with my decision, you may apply to the
Australian Information Commissioner to review my decision. An application for review by the
Information Commissioner must be made in writing within 60 days of the date of this letter, lodged in
one of the following ways:
Online:
www.oaic.gov.au
Post:
Office of the Australian Information Commissioner
GPO Box 5218, Sydney NSW 2001
Facsimile:
(02) 9284 9666
Email:
xxxxxxxxx@xxxx.xxx.xx
In person:
Level 3, 175 Pitt Street, Sydney NSW.
15. More information about your review rights under the FOI Act is available in Fact Sheet 12 published by
the Office of the Australian Information Commissioner:
http://oaic.gov.au/freedom-of-information/foi-
resources/freedom-of-information-fact-sheets/foi-factsheet-12-your-review-rights
Contacts
16. If you wish to discuss this decision, please do not hesitate to contact the Information Law Team,
preferably by email
: xxxxxxxxxxxxxx@xxx.xxx.xx
Yours sincerely,
Position Number 62210136
Legal Services & Assurance Branch
15 October 2018
3
