FOI LEX 24429
From:
s 47E(d)
Sent:
Thursday, 15 March 2018 10:39 AM
To:
INFORMATION.ACCESS
Cc:
Gent, Alexander; s 47E(d) Katie; Client Liaison Officers
Subject:
RE: Freedom of Information request - Number of clients referred to, and managed
by, the Client Liaison Unit [TO BE CLASSIFIED] [DLM=For-Official-Use-Only]
Categories:
Info Law - to be saved and archived, Info Law - For Case Officer Action
Good Morning
Regarding the below request, it is estimated that the collation of data will involve the following processes and
estimation of time as per below.
Analysis of the number of clients referred and managed in 2016 to present date: 2 hours (from Feb 2016
data available from current case management system aDVAnce).
Analysis of the number of clients referred and managed financial years 2013 to 2016: 15 hours (best
estimate)
Total: 17 hours
Reasons for above estimate:
From 2012 until 2016, the requested data is not readily available on one case management system. Referral data
recording for CLU clients did not come into effect until February 2016 when the CLU transferred into CCS and
existing CLU clients at that time were linked into the aDVAnce case management system.
Pre‐2016, referrals came primarily from internal email or phone contact from business areas to CLU staff or the AD
of the CLU. Referrals also came through the DART process or from client advocates. Pre 2016, the CLU would then
make case by case assessments of potential clients based on whether criteria at the time was met and whether CLU
management was warranted at that point in time. Referral assessment often occurred in CLU case meetings and or
conferences with business areas. These meetings were all usually recorded via internal email summary (Outlook).
Referral could occur several times for some individual clients before they may or may not have been brought into
the CLU for a single point of contact. Some of this information is likely able to be drawn from in Microsoft Outlook
folders but this has never been interrogated before so is not readily available. In addition to Outlook folders, some
referral information was stored in CLU containers in TRIM that are no longer used and that only 2 current CLU staff
retain access to. Finding and analysing the stats requested below would require one staff member to come offline
and to spend approximately 5 hours (or more), searching through 200+ Outlook folders to locate every CLU referral
received from August 2012‐2016. Where that data was not captured in Outlook, the officer would need to conduct
additional searches of identified potential client’s UIN in HPE Content Manager, as well as TRIM containers which I
estimate would take an additional 2.5 hours (or more).
I hope this helps, please let me know if you need anything else.
Regards
Sonias 47E(d)
Assistant Director (a/g)
Coordinated Client Support Program ‐ Victoria
Department of Veterans' Affairs
GPO Box 9998 Melbourne 2001
1
Page 1 of 83
FOI LEX 24429
Ext s
47E(d) T s 47E(d)
From: Gent, Alexander
On Behalf Of FOI
Sent: Friday, 2 March 2018 11:23 AM
Tos 47E(d)
Subject: FW: Freedom of Information request ‐ Number of clients referred to, and managed by, the Client Liaison
Unit [TO BE CLASSIFIED] [DLM=For‐Official‐Use‐Only]
Dear CLU,
As discussed, the Department has received a request under the Freedom of Information Act. The terms of the
request are in the email below. Please note that we will interpret Column B to be a request for 'Number of Clients
Referred
to the CLU during that period’. Without that insertion, this part of the request would be nonsensical.
To assist us in responding to the request, please provide us at this stage with a detailed estimate of the time that
would be required in searching for or retrieving the relevant information. While the applicant has made mention of
the information being ‘to hand’, I am unsure which ANAO reports or other documents (see ‘etc.’ below) are being
referred to.
Happy to discuss.
Kind regards,
Alexander Gent
Legal Officer
Information Law
Legal Services & Assurance Branch
Department of Veterans’ Affairs | www.dva.gov.au
ph (02) 6289 6581 | ext 616581 | e xxxxxxxxx.xxxx@xxx.xxx.xx
‐‐‐‐‐Original Message‐‐‐‐‐
From: Verity Pane [mailto:foi+request‐4403‐xxxxxxxx@xxxxxxxxxxx.xxx.xx]
Sent: Thursday, 1 March 2018 9:47 PM
To: FOI <s 47E(d)
>
Subject: Freedom of Information request ‐ Number of clients referred to, and managed by, the Client Liaison Unit
[TO BE CLASSIFIED]
Dear Department of Veterans' Affairs,
Under s 17 of the FOI Act, I seek DVA to compile and create a document (to be disclosed here) detailing the
following information for the last five financial years (as well as the current financial year to date):
Column A ‐ Financial Year (FY17/18 (to date), FY16/17, FY15/16, FY14/15, FY13/14, FY12/13)
Column B ‐ Number of Clients Referred during that period
Column C ‐ Number of Clients Managed by CLU during that period
I understand DVA already has this information to hand, given such statistics have for earlier years been reported in
ANAO reports etc.
2
Page 2 of 83
FOI LEX 24429
Yours faithfully,
Verity Pane
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Please use this email address for all replies to this request:
foi+request‐4403‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
Is xxx@xxx.xxx.xx the wrong address for Freedom of Information requests to Department of Veterans' Affairs? If so,
please contact us using this form:
https://www.righttoknow.org.au/change_request/new?body=dva
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's
FOI page.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
3
Page 3 of 83
FOI LEX 24429
s 47E(d)
ulie
From:
Verity Pane <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Sent:
Monday, 19 March 2018 3:16 AM
To:
INFORMATION.ACCESS
Subject:
RE: Freedom of Information request - Number of clients referred to, and managed
by, the Client Liaison Unit [TO BE CLASSIFIED] [DLM=For-Official-Use-Only]
Categories:
Info Law - For Case Officer Action
Dear Alexander Gent,
I have reviewed your preliminary assessment of charges decision, which demands payment of $262.50, but which
fails to identify a reasonable basis to justify the claim that 17 hours of search and retrieval time is required,
especially when DVA already collects and maintains statistics (which have been reported previously) on CLU
numbers.
Can you please provide the basis for justifying the claim of 17 hours search and retrieval time, and explain why if
DVA already collects these statistics, such an excessive amount of time has been estimated for retrieval.
Yours sincerely,
Verity Pane
‐‐‐‐‐Original Message‐‐‐‐‐
Dear Verity Pane
Please see attached a notice in respect of charges payable in this matter.
Kind regards,
Alexander Gent
Legal Officer
Information Law
Legal Services & Assurance Branch
Department of Veterans’ Affairs | www.dva.gov.au ph (02) 6289 6581 | ext 616581 | e [email address]
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Please use this email address for all replies to this request:
foi+request‐4403‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's
FOI page.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
1
Page 4 of 83
FOI LEX 24429
s
Julie
47E(d)
From:
Verity Pane <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Sent:
Thursday, 29 March 2018 1:24 AM
To:
INFORMATION.ACCESS
Subject:
RE: Freedom of Information request - Number of clients referred to, and managed
by, the Client Liaison Unit [TO BE CLASSIFIED] [DLM=For-Official-Use-Only]
Follow Up Flag:
Follow up
Flag Status:
Flagged
Categories:
Info Law - For Case Officer Action
Dear Alexander Gent,
Thank you for providing some supporting information for your estimate, but you did not address the question asked,
which is that there is evidence that DVA already collects these statistics for both internal and external reporting (as
evidenced by their reporting in ANAO report publications and in response to Questions On Notice in Senate
Estimates).
If DVA already collects these statistics, it would be an abuse to estimates charges as if you didn’t.
Can you please confirm whether DVA has collected such statistics previously, or is it as you seem to try to be passing
off, that DVA has never collected statistics on the number of people referred to the CLU at any time.
It would be best to avoid ambiguity‐ especially if this is to progress to formal review.
Yours sincerely,
Verity Pane
‐‐‐‐‐Original Message‐‐‐‐‐
Dear Verity Pane
To identify the material within the scope of your request, a cross‐reference of emails in Client Liaison Unit records
with records in the containers for relevant clients would be required to identify that the client was referred, the date
of the referral and the outcome of the referral. A search of the Department's case management system would also
be required to ensure that searches covered all possible data locations.
The estimate of time is based on searching emails and identifying referrals at the rate of 10 minutes for each month
of the period requested across the CLU and client containers (10 minutes * 69 months from July 2012 to March 2018
= 11.5 hours), and interrogating the case management system at the average rate of 20 minutes per financial year
(20 minutes * 6 financial years = 2 hours).
A further 1.5 hours is estimated to identify duplicate referrals and calculate the number of clients managed by the
CLU on the first of each month from 1 July 2012 to present.
Preparation of the section 17 document is estimated to take 30 minutes. This incorporates the filling and checking of
all cells and the formatting of the document itself.
Yours sincerely
Alexander Gent
1
Page 5 of 83
FOI LEX 24429
s
47E(d)
Julie
From:
Gent, Alexander on behalf of INFORMATION.ACCESS
Sent:
Wednesday, 21 March 2018 9:44 AM
To:
'Verity Pane'; INFORMATION.ACCESS
Subject:
RE: Freedom of Information request - Number of clients referred to, and managed
by, the Client Liaison Unit [TO BE CLASSIFIED] [DLM=For-Official-Use-Only]
Categories:
Info Law - to be saved and archived
Dear Verity Pane
To identify the material within the scope of your request, a cross‐reference of emails in Client Liaison Unit records
with records in the containers for relevant clients would be required to identify that the client was referred, the date
of the referral and the outcome of the referral. A search of the Department's case management system would also
be required to ensure that searches covered all possible data locations.
The estimate of time is based on searching emails and identifying referrals at the rate of 10 minutes for each month
of the period requested across the CLU and client containers (10 minutes * 69 months from July 2012 to March 2018
= 11.5 hours), and interrogating the case management system at the average rate of 20 minutes per financial year
(20 minutes * 6 financial years = 2 hours).
A further 1.5 hours is estimated to identify duplicate referrals and calculate the number of clients managed by the
CLU on the first of each month from 1 July 2012 to present.
Preparation of the section 17 document is estimated to take 30 minutes. This incorporates the filling and checking
of all cells and the formatting of the document itself.
Yours sincerely
Alexander Gent
Legal Officer
Information Law
Legal Services & Assurance Branch
Department of Veterans’ Affairs | www.dva.gov.au ph (02) 6289 6581 | ext 616581 | e xxxxxxxxx.xxxx@xxx.xxx.xx
‐‐‐‐‐Original Message‐‐‐‐‐
From: Verity Pane [mailto:foi+request‐4403‐xxxxxxxx@xxxxxxxxxxx.xxx.xx]
Sent: Monday, 19 March 2018 3:16 AM
To: INFORMATION.ACCESS <xxxxxxxxxxx.xxxxxx@xxx.xxx.xx>
Subject: RE: Freedom of Information request ‐ Number of clients referred to, and managed by, the Client Liaison
Unit [TO BE CLASSIFIED] [DLM=For‐Official‐Use‐Only]
Dear Alexander Gent,
I have reviewed your preliminary assessment of charges decision, which demands payment of $262.50, but which
fails to identify a reasonable basis to justify the claim that 17 hours of search and retrieval time is required,
especially when DVA already collects and maintains statistics (which have been reported previously) on CLU
numbers.
Can you please provide the basis for justifying the claim of 17 hours search and retrieval time, and explain why if
DVA already collects these statistics, such an excessive amount of time has been estimated for retrieval.
1
Page 6 of 83
FOI LEX 24429
Yours sincerely,
Verity Pane
‐‐‐‐‐Original Message‐‐‐‐‐
Dear Verity Pane
Please see attached a notice in respect of charges payable in this matter.
Kind regards,
Alexander Gent
Legal Officer
Information Law
Legal Services & Assurance Branch
Department of Veterans’ Affairs | www.dva.gov.au ph (02) 6289 6581 | ext 616581 | e [email address]
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Please use this email address for all replies to this request:
foi+request‐4403‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's
FOI page.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
2
Page 7 of 83
FOI LEX 24429
s 22
File notes
Date
Type
DVA officer
Timeframe days
29 Mar 2018
1.2 File
Shiharas 47E(d)
note/email
Dear Alexander Gent,
Thank you for providing some supporting information for your estimate, but you did not address the question
asked, which is that there is evidence that DVA already collects these statistics for both internal and external
reporting (as evidenced by their reporting in ANAO report publications and in response to Questions On
Notice in Senate Estimates).
If DVA already collects these statistics, it would be an abuse to estimates charges as if you didn’t.
Can you please confirm whether DVA has collected such statistics previously, or is it as you seem to try to
be passing off, that DVA has never collected statistics on the number of people referred to the CLU at any
time.
It would be best to avoid ambiguity- especially if this is to progress to formal review.
Yours sincerely,
Verity Pane
s 47E(d)
21 Mar 2018
1.2 File
Shihara
note/email
Page 8 of 83
FOI LEX 24429
Dear Verity Pane
To identify the material within the scope of your request, a cross-reference of emails in Client Liaison Unit
records with records in the containers for relevant clients would be required to identify that the client was
referred, the date of the referral and the outcome of the referral. A search of the Department's case
management system would also be required to ensure that searches covered all possible data locations.
The estimate of time is based on searching emails and identifying referrals at the rate of 10 minutes for each
month of the period requested across the CLU and client containers (10 minutes * 69 months from July
2012 to March 2018 = 11.5 hours), and interrogating the case management system at the average rate of
20 minutes per financial year (20 minutes * 6 financial years = 2 hours).
A further 1.5 hours is estimated to identify duplicate referrals and calculate the number of clients managed
by the CLU on the first of each month from 1 July 2012 to present.
Preparation of the section 17 document is estimated to take 30 minutes. This incorporates the filling and
checking of all cells and the formatting of the document itself.
Yours sincerely
Alexander Gent
19 Mar 2018
1.2 File
Shiharas 47E(d)
note/email
Dear Alexander Gent,
I have reviewed your preliminary assessment of charges decision, which demands payment of $262.50, but
which fails to identify a reasonable basis to justify the claim that 17 hours of search and retrieval time is
required, especially when DVA already collects and maintains statistics (which have been reported
previously) on CLU numbers.
Can you please provide the basis for justifying the claim of 17 hours search and retrieval time, and explain
why if DVA already collects these statistics, such an excessive amount of time has been estimated for
retrieval.
Yours sincerely,
Verity Pane
15 Mar 2018
4. Clock stop
Alexander Gent
Clock stopped. Reason: charges notice issued
1 Mar 2018
5. Clock start
Alexander Gent
30
Clock started
Produced bys 47E(d)
LEX for FOI Management
Tuesday, 9 Oct 2018
Page 9 of 83
FOI LEX 24429
s 47E(d)
Julie
s 47E(d)
From:
Angela
Sent:
Friday, 10 August 2018 4:13 PM
To:
FOI
Cc:
s 47E(d) Leia; s 47E(d)Amy; s 47E(d)
Monika
Subject:
FW: Request for document searches (external legal services expenditure for 15/16,
16/17 & 17/18 FY) - FOI 23544 - [DLM=For-Official-Use-Only]
Attachments:
2015-16 PLA Invoices.xlsx; 2016-17 PLA Invoices.xlsx
Follow Up Flag:
Follow up
Flag Status:
Completed
FOI
I have supplied External Legal Spend below for the Financial Years 15/16 and 16/17. We are still in DRAFT form for
17/18 as we have not finalised final spends.
Furthermore, I have attached *reporting documents in relation to the breakdown of individual payments.(Names
visible, Redaction required)
(*PLEASE NOTE THAT THIS INCLUDES V1‐ Departmental Spend, and should not be included)
*cost do not include Disbursements or Counsel fees
2015‐2016
2016‐2017
2017‐2018
$6.13 million
$6.10 million
TBA
Angelas 47E(d)
Practice Coordinator
DALAS
Legal Services & Assurance Branch
Department of Veterans’ Affairs | www.dva.gov.au
Telephone:s 47E(d)
|
Email:s 47E(d)
s 47E(d)
GPO Box 9998, Canberra ACT 2601
From:s
47E(d) Leia
On Behalf Of Information.Law
Sent: Friday, 27 July 2018 10:28 AM
To s 47E(d)
Subject: FW: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Good morning,
Please see the below email about a recent FOI request we have received seeking a document be created under
section 17 of the FOI Act to capture
DVA data regarding external legal services expenditure for the 2015/16,
1
Page 10 of 83
FOI LEX 24429
s
Julie
47E(d)
From:
s 47E(d) Monika
Sent:
Wednesday, 29 August 2018 11:00 AM
To:
Information.Law s
P
47E(d) aul
Cc:
DALAS
Subject:
FW: Request for document searches (external legal services expenditure for 15/16,
16/17 & 17/18 FY) - FOI 23544 - [DLM=For-Official-Use-Only]
Attachments:
FOI Copy of 2015-16 PLA Invoices.xlsx
Leia
Please find attached a copy of External Legal Services expenditure for CLIENTS only. We have removed all
Departmental spends and non‐client payments. We have also included, per month, total amount per client
expenditure. This has been cleared by Kristys
a/g
47E(d)
General Counsel.
Please note that AAT litigation came into Legal Services and Assurance Branch part way through 2015/16 and thus
isn’t captured in the spreadsheet. In understand that at that point in time the AAT litigation expenditure was paid
via Defcare.
Paul
can you please provide Leia with the requested external legal expenditure for 2015‐16. I think there will be a need
to extract the relevant information against the relevant SRCA and MRCA cost centres in DOLARS. I apologise for the
short notice, but the data is due with Leia by COB today.
Thanks
Monika
Froms 47E(d)Leia
On Behalf Of Information.Law
Sent: Wednesday, 29 August 2018 7:54 AM
To: DALAS s 47E(d)
Cc: Information.Law s 47E(d)
George s 47E(d)
Subject: RE: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Hi Monika,
Thank you for your email. As per section 17 of the FOI Act, we are required to produce the document requested. If
DALAS is unwilling to do so, we kindly ask that DALAS provides the relevant information to enable us to create the
document.
As we are not the experts in legal expenditure it would be unclear to us what information in the excel spreadsheet
falls within the scope of his request. As such, we would be grateful if you could truncate the excel sheet to only
include line items that are relevant to the request. Happy for you to also remove the V1 tabs noting Angela’s
comments below. We only need to capture external legal expenditure relating to DVA clients, not all legal
expenditure. We are willing to gather all the information and then create the document ourselves, but will need
DALAS’s help to provide the relevant information. For your information, as all personal information is excluded from
the scope and only total legal expenditure amounts are to be provided, it is unlikely any exemptions under the FOI
Act will be applied.
Thank you for your help, we appreciate it.
Happy to discuss.
1
Page 13 of 83
FOI LEX 24429
Kind Regards,
Leia
Assistant Director
Information Law | Legal Services & Assurance | s 47E(d)
exts 47E(d)|
desks 47E(d)
From s 47E(d) Monika
On Behalf Of DALAS
Sent: Monday, 27 August 2018 1:32 PM
To: Information.Law s 47E(d)
Cc: DALAS s 47E(d)
Subject: RE: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Amy
We are not going to create a new document (as was requested by the FOI applicant). Do you want us to highlight in
the attached document anything that is not external legal expenditure and needs to be redacted?
Regards
Monika
From:s 47E(d)Amy
On Behalf Of Information.Law
Sent: Monday, 27 August 2018 12:55 PM
To: DALASs 47E(d)
Cc: Information.Law s 47E(d)
Subject: FW: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Hi DALAS,
Verity Pane has agreed to revised the scope of their FOI request to the 2015/16 financial year, we would be grateful
if you could please provide the information as request in the highlighted section below by COB Wednesday 29
August 2018 as the decision is due to the applicant by 5pm 31 August 2018.
Please note, there is no need to sort the less than or greater than $10K, we can do that on our end.
Thank you
Amy s 47E(d)
Information Access Assistant
Information Law | Legal Services & Assurance Branch
Department of Veterans’ Affairs
s 47E(d)
GPO Box 9998 Canberra ACT 2601
E: xxxxxxxxxxxxxx@xxx.xxx.xx
s 47E(d)
2
Page 14 of 83
FOI LEX 24429
Froms
Leia
47E(d)
Sent: Tuesday, 14 August 2018 8:31 AM
To: Information.Law s 47E(d)
Subject: FW: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
From s
47E(d) Angela
Sent: Friday, 10 August 2018 4:13 PM
To: FOI s 47E(d)
Cc:s
Lei
47E(d)
a s 47E(d)
s
Am
47E(d)
y <s 47E(d)
>; s
47E(d) Monika
s 47E(d)
Subject: FW: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
FOI
I have supplied External Legal Spend below for the Financial Years 15/16 and 16/17. We are still in DRAFT form for
17/18 as we have not finalised final spends.
Furthermore, I have attached *reporting documents in relation to the breakdown of individual payments.(Names
visible, Redaction required)
(*PLEASE NOTE THAT THIS INCLUDES V1‐ Departmental Spend, and should not be included)
*cost do not include Disbursements or Counsel fees
2015‐2016
2016‐2017
2017‐2018
$6.13 million
$6.10 million
TBA
Angela s 47E(d)
Practice Coordinator
DALAS
Legal Services & Assurance Branch
Department of Veterans’ Affairs | www.dva.gov.au
Telephone: s 47E(d)
|
Email:s 47E(d)
s 47E(d)
GPO Box 9998, Canberra ACT 2601
From s 47E(d)Leia
On Behalf Of Information.Law
Sent: Friday, 27 July 2018 10:28 AM
To: DALAS s 47E(d)
Subject: FW: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Good morning,
Please see the below email about a recent FOI request we have received seeking a document be created under
section 17 of the FOI Act to capture
DVA data regarding external legal services expenditure for the 2015/16,
3
Page 15 of 83
FOI LEX 24429
s 47E(d)
Amy
Information Access Assistant
Information Law | Legal Services & Assurance Branch
Department of Veterans’ Affairs
s 47E(d)
GPO Box 9998 Canberra ACT 2601
E: xxxxxxxxxxxxxx@xxx.xxx.xx
s 47F
3
Page 20 of 83
FOI LEX 24429
s 47E(d)
Julie
From:
s
Paul
47E(d)
Sent:
Friday, 21 September 2018 9:42 AM
To:
INFORMATION.LAW
Subject:
RE: ***follow up*** Request for document searches (external legal services
expenditure for 15/16, 16/17 & 17/18 FY) - FOI 23544 - [DLM=For-Official-Use-
Only]
Attachments:
Copy of legalNOM - Amended Copy.xlsx
Categories:
To be saved and archived, Amy
Hi Leia
Please find attached a spreadsheet provided by DOLARS. There were some items deleted as they didn’t
relate to AAT matters.
Can I be consulted prior to final decision as discussed yesterday please.
Thanks
Paul
From: INFORMATION.LAW
Sent: Thursday, 20 September 2018 3:14 PM
To s 47E(d)Paul
Subject: ***follow up*** Request for document searches (external legal services expenditure for 15/16, 16/17 &
17/18 FY) ‐ FOI 23544 ‐ [DLM=For‐Official‐Use‐Only]
Hi Paul,
As discussed just now, I am following up on the below to see when you think you will be able to get the information
to us? I will need a bit of time to collate all material and format in the way requested by the applicant, but am happy
to provide you with a copy of what I do put together prior to us issuing the decision.
The decision is due by 1 October and I think I will need a minimum of 1 day to pull everything together, so if we
could have this information by early next week that would be fantastic.
Many thanks. Please let me know if you have any questions.
Kind Regards,
Leia
From: INFORMATION.LAW
Sent: Thursday, 13 September 2018 10:58 AM
To: s 47E(d) aul <s 47E(d)
Cc: DALAS <s 47E(d)
s 47E(d) , Monika s 47E(d)
s 47E(d) Rebecca
<s 47E(d)
Subject: ***Extension and follow up on progress*** Request for document searches (external legal services
expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI 23544 ‐ [DLM=For‐Official‐Use‐Only]
Hi Paul,
1
Page 23 of 83
FOI LEX 24429
I wanted to let you know that the OAIC has granted us an extension to process the above FOI request. We now have
to issue a decision (with the document requested)
by 1 October. Are you able to advise how you are going at
collating the required data for us?
I will need at least a couple of days prior to the due date to draft the decision and pull all the data together in the
format requested. Pending how the data is collated, it is possible exemptions will not apply (noting it is unlikely to
reveal anything covered by LPP as they are not singular invoices and it will be difficult to claim exemption under 47G
as the total legal costs do not reveal the individual costs associated with particular legal tasks (as you would
ordinarily see on invoices). If you have any concerns about release, I am happy to discuss this with you.
Thank you.
Kind Regards,
Leia
Assistant Director
Information Law | Legal Services & Assurance | s 47E(d)
exts 47E(d)
desks 47E(d)
From:s
47E(d) Leia
On Behalf Of Information.Law
Sent: Thursday, 30 August 2018 3:57 PM
To:s
Paul
47E(d)
Cc: DALAS ; Information.Law ;s 47E(d)
Monika s 47E(d) Rebecca
Subject: RE: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Hi Paul,
As discussed earlier, I have sought an extension of time through the OAIC to process this request. I have asked to
have until 1 October, but they may come back with a reduced timeframe given the applican’ts expressed concerns
re an extension. I will let you know the outcome once we hear from the OAIC.
Thank you for your help, I really appreciate it.
Kind Regards,
Leia s 47E(d)
Assistant Director
s 47E(d)
Information Law | Legal Services & Assurance |
exts 47E(d)
desk s 47E(d)
Froms 47E(d) Paul
Sent: Wednesday, 29 August 2018 2:17 PM
To: s 47E(d) Monika s 47E(d)
Cc: DALAS s 47E(d)
;s 47E(d) Kristy <
; Information.Law
s 47E(d)
<s 47E(d)
Subject: RE: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Please see attached.
From:s 47E(d)
Monika
Sent: Wednesday, 29 August 2018 12:04 PM
To s 47E(d)Paul s 47E(d)
Cc: DALAS <s 47E(d)
Kristy s 47E(d)
nformation.Law
<s 47E(d)
2
Page 24 of 83
FOI LEX 24429
Subject: RE: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Paul
Can you please action this seeing it is for AAT expenditure.
Thanks
Monika
Froms 47E(d) aul
Sent: Wednesday, 29 August 2018 11:30 AM
To s 47E(d)
Monika s 47E(d)
; Information.Law <s 47E(d)
Cc: DALAS s 47E(d)
s 47E(d) , Kristy <s 47E(d)
Subject: RE: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Monika
The external legal expenditure recording/payment processes that exist today did not exist for AAT
expenditure in 2015-16. Noting the short turnaround time, it might be quickest to contact the Finance team
to request their assistance in running a report of the requested information – we used AGS, Sparke
Helmore and DLA Piper (later Moray & Agnew) during the relevant period. However, this is unlikely to
provide the level of detail requested eg per case costs.
I understand that historical invoices for DRCA & MRCA AAT matters are stored in boxes and located
mostly off-site (Portside Vic), as search of which would involve considerable effort and time.
Aside from the above, I would be concerned to ensure commercial confidentiality is observed in
consideration of any request for such information.
Regards
Paul
From:s 47E(d) , Monika
Sent: Wednesday, 29 August 2018 11:00 AM
To: Information.Law <s 47E(d)
s 47E(d)
>;
Paul s 47E(d)
Cc: DALAS <s 47E(d)
Subject: FW: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Leia
Please find attached a copy of External Legal Services expenditure for CLIENTS only. We have removed all
Departmental spends and non‐client payments. We have also included, per month, total amount per client
expenditure. This has been cleared by Kristy s
47E(d) a/g General Counsel.
Please note that AAT litigation came into Legal Services and Assurance Branch part way through 2015/16 and thus
isn’t captured in the spreadsheet. In understand that at that point in time the AAT litigation expenditure was paid
via Defcare.
Paul
can you please provide Leia with the requested external legal expenditure for 2015‐16. I think there will be a need
to extract the relevant information against the relevant SRCA and MRCA cost centres in DOLARS. I apologise for the
short notice, but the data is due with Leia by COB today.
Thanks
3
Page 25 of 83
FOI LEX 24429
Monika
From: s 47E(d)Leia
On Behalf Of Information.Law
Sent: Wednesday, 29 August 2018 7:54 AM
To: DALAS <s 47E(d)
>
Cc: Information.Law <s 47E(d)
;s 47E(d) George <s 47E(d)
Subject: RE: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Hi Monika,
Thank you for your email. As per section 17 of the FOI Act, we are required to produce the document requested. If
DALAS is unwilling to do so, we kindly ask that DALAS provides the relevant information to enable us to create the
document.
As we are not the experts in legal expenditure it would be unclear to us what information in the excel spreadsheet
falls within the scope of his request. As such, we would be grateful if you could truncate the excel sheet to only
include line items that are relevant to the request. Happy for you to also remove the V1 tabs noting Angela’s
comments below. We only need to capture external legal expenditure relating to DVA clients, not all legal
expenditure. We are willing to gather all the information and then create the document ourselves, but will need
DALAS’s help to provide the relevant information. For your information, as all personal information is excluded from
the scope and only total legal expenditure amounts are to be provided, it is unlikely any exemptions under the FOI
Act will be applied.
Thank you for your help, we appreciate it.
Happy to discuss.
Kind Regards,
Leia
Assistant Director
s 47E(d)
Information Law | Legal Services & Assurance |
ext s 47E(d)
desks 47E(d)
From:s 47E(d)
Monika
On Behalf Of DALAS
Sent: Monday, 27 August 2018 1:32 PM
To: Information.Law s 47E(d)
Cc: DALAS <s 47E(d)
Subject: RE: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Amy
We are not going to create a new document (as was requested by the FOI applicant). Do you want us to highlight in
the attached document anything that is not external legal expenditure and needs to be redacted?
Regards
Monika
From:s
Am
47E(d)
y
On Behalf Of Information.Law
Sent: Monday, 27 August 2018 12:55 PM
To: DALAS s 47E(d)
Cc: Information.Law <s 47E(d)
4
Page 26 of 83
FOI LEX 24429
Subject: FW: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Hi DALAS,
Verity Pane has agreed to revised the scope of their FOI request to the 2015/16 financial year, we would be grateful
if you could please provide the information as request in the highlighted section below by COB Wednesday 29
August 2018 as the decision is due to the applicant by 5pm 31 August 2018.
Please note, there is no need to sort the less than or greater than $10K, we can do that on our end.
Thank you
s 47E(d)
Amy
Information Access Assistant
Information Law | Legal Services & Assurance Branch
Department of Veterans’ Affairs
s 47E(d)
PO Box 9998 Canberra ACT 2601
E: xxxxxxxxxxxxxx@xxx.xxx.xx
s 47F
Froms 47E(d) Leia
Sent: Tuesday, 14 August 2018 8:31 AM
To: Information.Laws 47E(d)
Subject: FW: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
From: s
47E(d) Angela
Sent: Friday, 10 August 2018 4:13 PM
To: FOI <s 47E(d)
s 47E(d)
Cc: s
Lei
47E(d)
a s 47E(d)
;
Amy <s 47E(d)
; s 47E(d) Monika
<s 47E(d)
Subject: FW: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
FOI
I have supplied External Legal Spend below for the Financial Years 15/16 and 16/17. We are still in DRAFT form for
17/18 as we have not finalised final spends.
Furthermore, I have attached *reporting documents in relation to the breakdown of individual payments.(Names
visible, Redaction required)
(*PLEASE NOTE THAT THIS INCLUDES V1‐ Departmental Spend, and should not be included)
*cost do not include Disbursements or Counsel fees
5
Page 27 of 83
FOI LEX 24429
2015‐2016
2016‐2017
2017‐2018
$6.13 million
$6.10 million
TBA
s 47E(d)
Angela
Practice Coordinator
DALAS
Legal Services & Assurance Branch
Department of Veterans’ Affairs | www.dva.gov.au
Telephone:s 47E(d)
|
Emails 47E(d)
s 47E(d)
GPO Box 9998, Canberra ACT 2601
From:s 47E(d)Leia
On Behalf Of Information.Law
Sent: Friday, 27 July 2018 10:28 AM
To: DALAS <s 47E(d)
Subject: FW: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Good morning,
Please see the below email about a recent FOI request we have received seeking a document be created under
section 17 of the FOI Act to capture
DVA data regarding external legal services expenditure for the 2015/16,
2016/17 and 2017/18 Financial Years. Further specifics of the data sought, and an example format as suggested by
the applicant, can be found in the below email. I think this request may be better suited for your area to assist.
As the applicant has not agreed to an extension of time to process the request, we are required to issue a decision
and the information by 15 August 2018. As such, we would be grateful if you could prepare a document with the
information requested by
Friday, 10 August 2018.
When responding, please advise of any concerns or sensitives you have about releasing the information to Verity
Pane via Right to Know.
If you believe the searches would best sit within a different line area please let us know as soon as possible, so it can
be forwarded on for action.
Thank you for your assistance. Please do not hesitate to contact me if you have any questions about this request.
Kind Regards,
Leias 47E(d)
Assistant Director
Information Law | Legal Services & Assurance |s 47E(d)
exts 47E(d)
desk s 47E(d)
s 47E(d)
From
Amy
On Behalf Of Information.Law
Sent: Monday, 23 July 2018 2:00 PM
To:s 47E(d)Jennifer s 47E(d)
Cc: TOP.COORD s 47E(d)
>; Information.Law s 47E(d)
Subject: Request for document searches ‐ Due COB 30 July 2018 ‐ FOI 23544 [DLM=For‐Official‐Use‐Only]
6
Page 28 of 83
FOI LEX 24429
Please use the attached template to advise what searches were undertaken and to list all documents that fall within
the scope of the request.
Please note that line areas are required to provide relevant documents to Information Law even if the line area is of
the view that the documents should not be released. When responding, please advise of any concerns or sensitives
you have about releasing the information to Verity Pane via Right to Know.
If you believe the searches would best sit within a different line area please let us know so it can be forwarded on
for action.
More information about the applicant and the request is contained within the attached template. We appreciate
your assistance with this request. If you have any questions please do not hesitate to contact me to discuss.
Kind Regards,
Amy s 47E(d)
Information Access Assistant
Information Law | Legal Services & Assurance Branch
Department of Veterans’ Affairs
s 47E(d)
|GPO Box 9998 Canberra ACT 2601
E: xxxxxxxxxxxxxx@xxx.xxx.xx
s 47F
8
Page 30 of 83
FOI LEX 24429
year, they may be reported as a group (as the interest is in excessive external legal
expenditure). An example of the layout I seek is below:
...............................FY17/18...................FY16/17....................FY15/16
......................................$...............................$...............................$
Other
Veteran A
Veteran B
etc
Veterans > $10K
Yours faithfully,
Verity Pane
s 22
FOI LEX 24429
s 22
Page 33 of 83
FOI LEX 24429
s 22
Page 34 of 83
s 22
Page 35 of 83
FOI LEX 24429
s 22
s 47E(d)
7 Sep 2018
1. File note
Leia
EOT decision from OAIC is for EOT to 1/10/18
s 47E(d)
31 Aug 2018
1. File note
Lei
Call from Megan at OAIC. She wanted
heck the FOI number as the 24AB has 2 different
numbers (23386 on 1st page and 23544 on 2nd page). I advised that the ref on 1st page is an error and the
second one is correct.
Megan will consult with VP re EOT. I said if VP not agreeable to full 30 days we could negotiate a shorter
EOT. Megan said she will let us know next week.
s 47E(d)
30 Aug 2018
1. File note
Leia
Sought EOT under 15AB from OAIC. Have asked to 1 October 2018. Spoke with Paul to advise I have
sought EOT, but that we would like to try and finalise this prior to due date.
s 47E(d)
29 Aug 2018
1. File note
Leia
Paul email to DALAS team re data sought - DALAS advised Paul to provide info sought
s 47E(d)
27 Aug 2018
1. File note
Leia
Page 36 of 83
FOI LEX 24429
DALAS not willing to create doc - gave info re clients ELS expenditure and Q - didn't include AAT data -
Paul to provide
s 47E(d)
27 Aug 2018
1. File note
Leia
email to DALAS re revised scope and to
24 Aug 2018
1. File note
Leia s 47E(d)
Email to applicant re EOT and revision
24 Aug 2018
3. Tme
Amy s
16
extension
47E(d)
Time extended. Reason: s15AA
Applicant agreement to 5pm 31 August 2018
24 Aug 2018
1. File note
Amy s 47E(d)
Dear Unnamed Officer,
As you waited until the second last day to issue a practical refusal notice, when practice is that practical
refusal notification should be made within 14 days (and it appears the reason for the late issue was to
intentionally delay progress of this FOI, unethically), I will only grant you an additional 14 days (plus an extra
day or two to show I’m kinder than you) from the original statutory expiry date.
The new statutory deadline is therefore 5pm on Friday 31 August 2018.
Yours sincerely,
Verity Pane
Response on R2K website:
Verity Pane left an annotation (August 24, 2018)
I predict that not only will this agency reject the offer of extension but will apply to the OAIC under s 15AB to
extend this statutory deadline further, despite just stating that only one financial year was *not* complex or
voluminous (which are the grounds for extension being approved).
As highlighted by respected FOI commentator Peter Timmis, s 15AB requests get ticked and flicked by the
OAIC despite no evidence frequently being provided by the agencies that request them (in fact it is a very
rare event indeed if the OAIC rejects such an application) http://foi-privacy.blogspot.com/2013/02/...
That’s the problem of a so called regulator who is too much in bed with those they are supposed to monitor.
15 Aug 2018
1. File note
Leias 47E(d)
Email from applicant re 24AB: refine the
FY15/16
s
14 Aug 2018
1. File note
Leia 47E(d)
24AB sent to applicant
s 47E(d)
14 Aug 2018
1. File note
Leia
2 x excel spreadsheets from DALAS. Cannot provide date for 17/18 as not yet completed/extracted (what is
FOI for? any type of veteran issue or specific ones?)
32 TABS to explore for 15/16 & 16/17 excel sheets - V1 tabs are departmental spend and not to be
included.
Page 37 of 83
FOI LEX 24429
V2 tabs include payments covering a range of matters - cannot tell what matters relate to specific veterans
etc (Angela walked me through process to see what each line item may be. Have to search in 'DOLARS
Purchasing Portal). Tried a few searches and they do not make it obvious that the payment relates to
specific veteran etc. Added complexity in that DVA now has bulk invoice process, so less clear as to what is
for each matter.
Vast amount of information - took coupe hours to walk through the excel sheet and figure out how to do one
search - more searches likely required into individual accounts
sample for 24AB
look through 1/4 of a FY = 3 months out of 24 months = 12.5% sample = 110 line items
(search DOLARS & mark off in excel what appears relevant, not relevant & unclear) - then copy into a new
sheet - then order by name - calculate total for each client - search if same person or not - combine vet's
that are less than $10k - search for more info for remaining items
TAB - July 15 - 30 line items
TAB - Aug 15 - 40 line items
TAB - Sept 15 - 40 line items
RESULTS:
Approx. 1.5hrs to search all line items in DOLARS program(110 lines items)
Not very clear that each line item is relevant - descriptions are professional fees etc) Relevant maybe 58
items, 24 not & 28 unclear
Approx. 2 hrs to undertake further searches within various systems to ascertain what payments were for the
unclear lines & to confirm the 'no' item lines were in fact 'not relevant
Approx. 15min to sort info into a new spreadsheet and determine by name and dollar per client
3hr 45min to do sample (3 months out of the 24 months available) = est of 30hrs for examination of 24
month period (3hrs 45min x 8 quarters of info)
Incl. the 8 hours undertaken already for initial searches and put into original excel sheets & 2 hrs for
preparing doc & decision = TOTAL est HOURS involved: 40hrs
TOTAL: There are 333 line items for 15/16 FY & 1,116 line items for 16/17FY = 1,449 line items
Correct time would then be at avg, 3hr 45min per 13 lots of 110 line items lines = approx. 48hrs (1449/110 =
13.17 lots of 100 line items)
Add the 8 hrs undertaken already & 2hr for decision = TOTAL 58hrs
Need to consider if legal costs are subject to s 42/47G or not?
Also need to double check all data has been retireived - conserve est of another 3 hrs.
14 Aug 2018
1. File note
Leias 47E(d)
Spoke with business area to get an understanding of how to read the data as it is not clear what items are in
relation to. Explained that I need to look through each line item to determine what the payment was for
(noting it may not be obvious from the descriptions provided). Although data for 15/16 & 16/17 have been
extracted into excel, there is no similar document yet for 17/18 data.
It took aprox 1hr to go through the sheet (bit more). Will need to sample material I do have to see how much
time is involved. Thinking at this stage can provide high level data, but may need to consider 24AB if too big.
10 Aug 2018
1. File note
Leias 47E(d)
Info from DALAS:
I have supplied External Legal Spend below for the Financial Years 15/16 and 16/17. We are still in DRAFT
form for 17/18 as we have not finalised final spends.
9 Aug 2018
1. File note
Leia s 47E(d)
Follow up to DALAS
Page 38 of 83
FOI LEX 24429
27 Jul 2018
1. File note
Leia s 47E(d)
Forwarded search request to DALAS as have been advised they are best suited to assist re legal
expenditure
23 Jul 2018
1.2 File
Amy s 47E(d)
note/email
Email sent to Jen & Div Coord requesting searches of documents.
s 22
s 47E(d)
s
47E(d)
s 47E(d)
s 22
Produced by Julie s 47E(d)
LEX for FOI Management
Tuesday, 9 Oct 2018
Page 39 of 83
FOI LEX 24429
s
Julie
47E(d)
s 47E(d)
From:
Paul
Sent:
Wednesday, 29 August 2018 11:30 AM
To:
s 47E(d)Monika; Information.Law
Cc:
DALAS;s 47E(d)Kristy
Subject:
RE: Request for document searches (external legal services expenditure for 15/16,
16/17 & 17/18 FY) - FOI 23544 - [DLM=For-Official-Use-Only]
Attachments:
FOI Copy of 2015-16 PLA Invoices.xlsx
Monika
The external legal expenditure recording/payment processes that exist today did not exist for AAT
expenditure in 2015-16. Noting the short turnaround time, it might be quickest to contact the Finance team
to request their assistance in running a report of the requested information – we used AGS, Sparke
Helmore and DLA Piper (later Moray & Agnew) during the relevant period. However, this is unlikely to
provide the level of detail requested eg per case costs.
I understand that historical invoices for DRCA & MRCA AAT matters are stored in boxes and located
mostly off-site (Portside Vic), as search of which would involve considerable effort and time.
Aside from the above, I would be concerned to ensure commercial confidentiality is observed in
consideration of any request for such information.
Regards
Paul
From: s 47E(d) Monika
Sent: Wednesday, 29 August 2018 11:00 AM
To: Information.Laws 47E(d)Paul
Cc: DALAS
Subject: FW: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Leia
Please find attached a copy of External Legal Services expenditure for CLIENTS only. We have removed all
Departmental spends and non‐client payments. We have also included, per month, total amount per client
expenditure. This has been cleared by Kristy Egan a/g General Counsel.
Please note that AAT litigation came into Legal Services and Assurance Branch part way through 2015/16 and thus
isn’t captured in the spreadsheet. In understand that at that point in time the AAT litigation expenditure was paid
via Defcare.
Paul
can you please provide Leia with the requested external legal expenditure for 2015‐16. I think there will be a need
to extract the relevant information against the relevant SRCA and MRCA cost centres in DOLARS. I apologise for the
short notice, but the data is due with Leia by COB today.
Thanks
Monika
From:s 47E(d)Leia
On Behalf Of Information.Law
Sent: Wednesday, 29 August 2018 7:54 AM
1
Page 40 of 83
FOI LEX 24429
To: DALAS <s 47E(d)
Cc: Information.Law <s 47E(d)
; s
47E(d) George <s 47E(d)
Subject: RE: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Hi Monika,
Thank you for your email. As per section 17 of the FOI Act, we are required to produce the document requested. If
DALAS is unwilling to do so, we kindly ask that DALAS provides the relevant information to enable us to create the
document.
As we are not the experts in legal expenditure it would be unclear to us what information in the excel spreadsheet
falls within the scope of his request. As such, we would be grateful if you could truncate the excel sheet to only
include line items that are relevant to the request. Happy for you to also remove the V1 tabs noting Angela’s
comments below. We only need to capture external legal expenditure relating to DVA clients, not all legal
expenditure. We are willing to gather all the information and then create the document ourselves, but will need
DALAS’s help to provide the relevant information. For your information, as all personal information is excluded from
the scope and only total legal expenditure amounts are to be provided, it is unlikely any exemptions under the FOI
Act will be applied.
Thank you for your help, we appreciate it.
Happy to discuss.
Kind Regards,
Leia
Assistant Director
Information Law | Legal Services & Assurance |s 47E(d)
ext s 47E(d)
desks 47E(d)
From:s 47E(d)
Monika
On Behalf Of DALAS
Sent: Monday, 27 August 2018 1:32 PM
To: Information.Law <s 47E(d)
Cc: DALAS <s 47E(d)
Subject: RE: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Amy
We are not going to create a new document (as was requested by the FOI applicant). Do you want us to highlight in
the attached document anything that is not external legal expenditure and needs to be redacted?
Regards
Monika
s 47E(d)
From:
Amy
On Behalf Of Information.Law
Sent: Monday, 27 August 2018 12:55 PM
To: DALAS s 47E(d)
Cc: Information.Law <s 47E(d)
Subject: FW: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Hi DALAS,
2
Page 41 of 83
FOI LEX 24429
Verity Pane has agreed to revised the scope of their FOI request to the 2015/16 financial year, we would be grateful
if you could please provide the information as request in the highlighted section below by COB Wednesday 29
August 2018 as the decision is due to the applicant by 5pm 31 August 2018.
Please note, there is no need to sort the less than or greater than $10K, we can do that on our end.
Thank you
Amys 47E(d)
Information Access Assistant
Information Law | Legal Services & Assurance Branch
Department of Veterans’ Affairs
s 47E(d)
GPO Box 9998 Canberra ACT 2601
E: xxxxxxxxxxxxxx@xxx.xxx.xx
s 47F
From: s 47E(d)Leia
Sent: Tuesday, 14 August 2018 8:31 AM
To: Information.Law s 47E(d)
Subject: FW: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
From: s 47E(d)Angela
Sent: Friday, 10 August 2018 4:13 PM
To: FOI s 47E(d)
Cc:s 47E(d) Leia <s 47E(d)
s 47E(d) Amy <s 47E(d)
>; s 47E(d) Monika
< s 47E(d)
Subject: FW: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
FOI
I have supplied External Legal Spend below for the Financial Years 15/16 and 16/17. We are still in DRAFT form for
17/18 as we have not finalised final spends.
Furthermore, I have attached *reporting documents in relation to the breakdown of individual payments.(Names
visible, Redaction required)
(*PLEASE NOTE THAT THIS INCLUDES V1‐ Departmental Spend, and should not be included)
*cost do not include Disbursements or Counsel fees
2015‐2016
2016‐2017
2017‐2018
$6.13 million
$6.10 million
TBA
3
Page 42 of 83
FOI LEX 24429
Angelas 47E(d)
Practice Coordinator
DALAS
Legal Services & Assurance Branch
Department of Veterans’ Affairs | www.dva.gov.au
Telephone: (s 47E(d)
|
Email:s 47E(d)
s 47E(d)
GPO Box 9998, Canberra ACT 2601
From: s 47E(d) eia
On Behalf Of Information.Law
Sent: Friday, 27 July 2018 10:28 AM
To: DALAS <s 47E(d)
Subject: FW: Request for document searches (external legal services expenditure for 15/16, 16/17 & 17/18 FY) ‐ FOI
23544 ‐ [DLM=For‐Official‐Use‐Only]
Good morning,
Please see the below email about a recent FOI request we have received seeking a document be created under
section 17 of the FOI Act to capture
DVA data regarding external legal services expenditure for the 2015/16,
2016/17 and 2017/18 Financial Years. Further specifics of the data sought, and an example format as suggested by
the applicant, can be found in the below email. I think this request may be better suited for your area to assist.
As the applicant has not agreed to an extension of time to process the request, we are required to issue a decision
and the information by 15 August 2018. As such, we would be grateful if you could prepare a document with the
information requested by
Friday, 10 August 2018.
When responding, please advise of any concerns or sensitives you have about releasing the information to Verity
Pane via Right to Know.
If you believe the searches would best sit within a different line area please let us know as soon as possible, so it can
be forwarded on for action.
Thank you for your assistance. Please do not hesitate to contact me if you have any questions about this request.
Kind Regards,
Leia s 47E(d)
Assistant Director
Information Law | Legal Services & Assurance |s 47E(d)
ext s 47E(d) |
desk s 47E(d)
From:s
47E(d) Amy
On Behalf Of Information.Law
Sent: Monday, 23 July 2018 2:00 PM
To: s 47E(d) Jennifer s 47E(d)
Cc: TOP.COORD s 47E(d)
; Information.Law <s 47E(d)
Subject: Request for document searches ‐ Due COB 30 July 2018 ‐ FOI 23544 [DLM=For‐Official‐Use‐Only]
Good afternoon,
Re: FOI 23544 Verity Pane (Right to Know)
4
Page 43 of 83
FOI LEX 24429
Please note that line areas are required to provide relevant documents to Information Law even if the line area is of
the view that the documents should not be released. When responding, please advise of any concerns or sensitives
you have about releasing the information to Verity Pane via Right to Know.
If you believe the searches would best sit within a different line area please let us know so it can be forwarded on
for action.
More information about the applicant and the request is contained within the attached template. We appreciate
your assistance with this request. If you have any questions please do not hesitate to contact me to discuss.
Kind Regards,
Amy s 47E(d)
Information Access Assistant
Information Law | Legal Services & Assurance Branch
Department of Veterans’ Affairs
s 47E(d)
GPO Box 9998 Canberra ACT 2601
E: xxxxxxxxxxxxxx@xxx.xxx.xx
s 47F
6
Page 45 of 83
FOI LEX 24429
s
Julie
47E(d)
From:
Verity Pane <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Sent:
Wednesday, 15 August 2018 8:23 PM
To:
Information.Law
Subject:
Re: FOI 23544 - Notice of intention to refuse request - Consultation due to
practical refusal reason - Response sought by 29 August 2018
[SEC=UNCLASSIFIED]
Follow Up Flag:
Follow up
Flag Status:
Flagged
Dear Unnamed Officer (Position Number 62210022),
While a rough estimation has been provided, it appears the Department is satisfied based on its enquiries that this
FOI would take 60 leisurely hours for collection, assessment and decision issuance.
The primary basis of your agency’s practical refusal intention is that the amount of external legal services
expenditure against veterans is very large, and covers a large number of matters. That does answer a question in,
and of, itself that the Department is a frequent user of external legal services providers in litigation and opinion
seeking against veterans.
But in light of this, if there is a willingness to pay for this, as per usual cost recovery processes in FOI, does the
Department still intend to refuse access? Just because as FOI may exceed the free processing period is generally
insufficient to refuse access, and mechanisms exist for requester contribution to be made in these circumstances.
You state to process the FOI application would deny others the opportunity to have their own FOI applications, but
provide no supporting evidence to substantiate that. How many open and overdue FOIs does DVA have presently? Is
there any reason a consent to extend the processing deadline cannot offset any intensity of resource allocation, as I
would be prepared to consider that.
You also state the application covers ‘several’ financial years, despite only three being sought, and is too ‘broad’, yet
paying for external legal services providers is not a common administrative practice and requires SES level approval.
While making reference to this, you fail to provide enough information to allow for any stratification to adequately
allow for any informed revision of scope to occur.
I would however be willing to refine the scope to FY15/16 in the first instance, which could have helpfully been
identified in your estimates but wasn’t (instead you looked for factors to reject, rather than offer alternatives).
I guess the only thing we both agree in full on is that it is evident that DVA is a regular high frequency user of
external legal services providers, over and above the more limited use by other agencies.
I still think that ways ahead exist, despite your claims to the contrary.
Yours sincerely,
Verity Pane
‐‐‐‐‐Original Message‐‐‐‐‐
Good evening Verity Pane,
1
Page 46 of 83
FOI LEX 24429
FOI 23544 – section 24AB Notice of intention to refuse – Request consultation due to practical refusal reason
I refer to your request for access to information under the Freedom of Information Act 1982 (FOI Act); received on
16 July 2018.
Please find attached a notification under section 24AB of the FOI Act, advising you of the Department’s intention to
refuse your request on the grounds that a practical refusal reason exists. A decision on this request will be made
pending the outcome of this requested consultation process.
Please review and consider the attached notice and advise how you wish to proceed by 29 August 2018.
If you require any further assistance or time to respond to this notice please do not hesitate to contact us.
Kind Regards,
Information Law Team
Department of Veterans’ Affairs
E: [1][email address] | W: [2]www.dva.gov.au
[3]cid:image001.png@01D0027A.1DAB84F0
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Please use this email address for all replies to this request:
foi+request‐4697‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's
FOI page.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
2
Page 47 of 83
FOI LEX 24429
s
Julie
47E(d
From:
s
Rick
Sent:
Wednesday, 5 September 2018 12:30 PM
47E(d)
To:
Leia
s 47E(d)
Cc:
s 47E(d) Terene
Subject:
FW: Search request for documents related to FOI 23863 (Verity Pane via Right to
know) - Please provide by 22 August 2018 (or advise if this should be forwarded to
another area to respond) [DLM=For-Official-Use-Only]
Importance:
High
Hi Leia,
how many records did you look at
20
on what basis did you find there would be over 3000 clients
Over the last 17 months the CCS program has received a total of 1733 referrals, averaging just over 100 per
month. This means that for the scope of the request the projection is actually 3669 clients or 1223 referrals
per financial year.
how did you estimate the task would take 3 weeks to complete? (is it based on how long it took to do the
sample etc). I will need to break down hours in my notice. For example, the notice will need to explain:
o what type of sampling we undertook and the % of records that relates to (e.g. if a request appears
voluminous and there are 100 documents, we might look at a 10% sample = 10 documents to form
our assessment).
I undertook a sample of 20 clients which is 20% of once months average allocations.
20 clients from the total 1223 referral per financial year, results in a percentage sample size of
1.63% of the scope.
20 clients from the total 3669, results in a percentage sample size of .54% of the scope.
o the total estimated records that need to be assessed
3669 records in aDVAnce, with multiple screen access to ascertain the details of scope like age,
outcome, period of referral etc.
o total number of clients (how did you come to the number of 3000 etc)
Average of 101.5 referrals per month, results in 1223 referral per financial year, and across 3
financial years totals 3669 referrals. The basis of the average is 1732 referrals received over a 17
month period broken down to an average of 101.5 referrals per month.
o how long it would take to search our records to find the data/information in the format request by
the applicant
3 minutes was the average time to access/review 1 record.
o how long it would take to arrange the data/information in the format request by the applicant
Approximately another 1 minute to transpose the data into a central record that would form the
basis of the response.
o whether any exemptions would apply and how much I need to make a decision on those
exemptions (something I can assess)
o how long it would take to create a schedule of documents (not too difficult when creating a
document)
1
Page 51 of 83
FOI LEX 24429
In summary, the total scope of request where it takes a total of 4 minutes per client record, is a total of 81 hours for
each financial year, and total of 243 hours for the entire scope of request.
If you require any additional information, please don’t hesitate to let me know.
Kind Regards
From:s
Leia
On Behalf Of INFORMATION.LAW
Sent: Tuesday, 4 September 2018 1:08 PM
Tos
Rick
47E(d)
Subject: RE: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by
22 August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
Importance: High
Hi Rick,
Thank you for the below. Is there any more information you can provide, such as the sample you undertook and the
calculations used to get those numbers? I appreciate the numbers are high but it isn’t enough information for me to
issue the diversion notice we spoke about this morning. Any information you can give me about the sample you
undertook, including the steps you took to find relevant information and the time it took you to do so would be
useful. As discussed this morning, I will need to demonstrate in my notice how big the sample was and link it to the
total estimated documents and time to retrieve assess and release etc For example:
how many records did you look at
on what basis did you find there would be over 3000 clients
how did you estimate the task would take 3 weeks to complete? (is it based on how long it took to do the
sample etc). I will need to break down hours in my notice. For example, the notice will need to explain:
o what type of sampling we undertook and the % of records that relates to (e.g. if a request appears
voluminous and there are 100 documents, we might look at a 10% sample = 10 documents to form
our assessment).
o the total estimated records that need to be assessed
o total number of clients (how did you come to the number of 3000 etc)
o how long it would take to search our records to find the data/information in the format request by
the applicant
o how long it would take to arrange the data/information in the format request by the applicant
o whether any exemptions would apply and how much I need to make a decision on those
exemptions (something I can assess)
o how long it would take to create a schedule of documents (not too difficult when creating a
document)
If you are able to provide more information that would assist me a great deal. Happy to discuss further.
Kind Regards,
Leia s 47E(d)
Assistant Director
Information Law | Legal Services & Assurance |s 47E(d)
ext s
|
desks 47E(d)
47E(d)
From:s
Rick
Sent: Tuesday, 4 September 2018 10:54 AM
To: s
Leia <s 47E(d)
>
47E(d)
2
Page 52 of 83
FOI LEX 24429
Subject: FW: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by
22 August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
FYI
From: s 47E(d) Katie
Sent: Friday, 10 August 2018 6:27 PM
Tos 47E(d)
Cc: s 47E(d) Rick s 47E(d)
Subject: FW: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by
22 August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
Good afternoon DALAS,
Per my earlier discussion with the team, please be advised that the request for FOI 23863 is unable to be provided
by 22 August.
Below, is an indication of the size and scope of the request. As well as the timeframe for completion by the portfolio
Assistant Director, Rick s 47E(d)
The Coordinated Client Support program provides a single point of contact service to vulnerable and at risk clients of
DVA, assisting their navigation of DVA business and ensuring support linkages where required. Whilst Rick has
scoped this request as 3 weeks to collate noting the size of the documents, I would add that the team currently do
not have a fulltime FTE to release to such a request without it negatively impacting the service to our client cohort.
I am aware that where we have received these types of requests historically, DVA has responded with either an
extension of time and/or provided the size and scope details of the request to apportion costing to the applicant. It
appears this request may be similar in nature, so please do let us know if your require further information about the
impact to BAU in progressing with this matter.
Regards,
Katies 47E(d)
National Director (a/g)
Coordinated Client Support Program
Department of Veterans' Affairs
GPO Box 9998 Melbourne
Ts 47E(d)
xxt s 47E(d) | M s 47E(d)
From:s
Ri
47E(d) ck
Sent: Friday, 10 August 2018 12:37 PM
To:s
Katie
47E(d)
s 47E(d)
>
Subject: RE: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by
22 August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
Hi Katie,
I will be unable to comply with the time frame in the below request.
At first glance, the scope involves over 3000 clients, and based on a quick sample, it would take in excess of 3 weeks
full FTE to collate all of the requested data as it is all manual, due to scope.
Can you please advise.
3
Page 53 of 83
FOI LEX 24429
Kind Regards,
Rick s 47E(d)
Assistant Director NSW/WA (a/g)
Coordinated Client Support Department of Veterans' Affairs
t s 47E(d)
exts 47E(d)
From: s 47E(d)
Sent: Thursday, 9 August 2018 3:24 PM
To:s 47E(d) Jan <
s 47E(d)
s 47E(d)
ick <s 47E(d)
>;s 47E(d) Carol
<s 47E(d)
>
Cc:s
,
47E(d) Katie <s 47E(d)
Subject: FW: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by
22 August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
Hello to the CCS Leadership Group,
I just thought I would bring this email to your collective attention, just in case you were unaware of this FOI request,
as it appears that the Legal Branch are asking for a lot of historical data in order to address this request.
Thus, I leave the matter for your consideration.
Thanks,
Conor s 47E(d)
Client Support Co-ordinator
Co-ordinated Client Support Team
Department of Veterans’ Affairs
s 47E(d)
Ext: s 47E(d)
Ph: s 47E(d)
Fax: s 47E(d)
Froms 47E(d)Amy
On Behalf Of Information.Law
Sent: Thursday, 9 August 2018 2:50 PM
To: s 47E(d)
s 47E(d)
Cc:s 47E(d)
Subject: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by 22
August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
Good afternoon,
Re: Search request for documents related to FOI 23863 (Verity Pane via Right to know)
On 08 August 2018, the Department received a request for documents under the
Freedom of Information Act 1982 (FOI Act) from Verity Pane via Right to know. A decision on this request is due by the Department not later than COB
7 September 2018. Details of the FOI request are below.
4
Page 54 of 83
FOI LEX 24429
We appreciate your assistance with this request. If you have any questions please do not hesitate to contact us to
discuss.
Kind Regards,
Amys 47E(d)
Information Access Assistant
Information Law | Legal Services & Assurance Branch
Department of Veterans’ Affairs
s 47E(d)
GPO Box 9998 Canberra ACT 2601
E: xxxxxxxxxxxxxx@xxx.xxx.xx
s 47F
7
Page 57 of 83
FOI LEX 24429
s
Julie
47E(d)
From:
s 47E(d) Rick
Sent:
Tuesday, 4 September 2018 10:54 AM
To:
s 47E(d) Leia
Subject:
FW: Search request for documents related to FOI 23863 (Verity Pane via Right to
know) - Please provide by 22 August 2018 (or advise if this should be forwarded to
another area to respond) [DLM=For-Official-Use-Only]
FYI
From:s 47E(d) Katie
Sent: Friday, 10 August 2018 6:27 PM
To: DALAS
Cc: s 47E(d) Rick
Subject: FW: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by
22 August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
Good afternoon DALAS,
Per my earlier discussion with the team, please be advised that the request for FOI 23863 is unable to be provided
by 22 August.
Below, is an indication of the size and scope of the request. As well as the timeframe for completion by the portfolio
Assistant Director, Rick s 47E(d)
The Coordinated Client Support program provides a single point of contact service to vulnerable and at risk clients of
DVA, assisting their navigation of DVA business and ensuring support linkages where required. Whilst Rick has
scoped this request as 3 weeks to collate noting the size of the documents, I would add that the team currently do
not have a fulltime FTE to release to such a request without it negatively impacting the service to our client cohort.
I am aware that where we have received these types of requests historically, DVA has responded with either an
extension of time and/or provided the size and scope details of the request to apportion costing to the applicant. It
appears this request may be similar in nature, so please do let us know if your require further information about the
impact to BAU in progressing with this matter.
Regards,
Katie s 47E(d)
National Director (a/g)
Coordinated Client Support Program
Department of Veterans' Affairs
GPO Box 9998 Melbourne
T s 47E(d)
xxt s 47E(d) Ms 47E(d)
From:s 47E(d)Rick
Sent: Friday, 10 August 2018 12:37 PM
To: s 47E(d) Katie <s 47E(d)
Subject: RE: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by
22 August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
Hi Katie,
1
Page 58 of 83
FOI LEX 24429
I will be unable to comply with the time frame in the below request.
At first glance, the scope involves over 3000 clients, and based on a quick sample, it would take in excess of 3 weeks
full FTE to collate all of the requested data as it is all manual, due to scope.
Can you please advise.
Kind Regards,
Ricks 47E(d)
Assistant Director NSW/WA (a/g)
Coordinated Client Support
Department of Veterans' Affairs
t s 47E(d)
ext s 47E(d)
From s 47E(d)
Sent: Thursday, 9 August 2018 3:24 PM
To:s
Jan
47E(d)
<xxx.xxxxxx@xxx.xxx.xx>; s
Ric
47E(d)
k <xxxx.xxxxxx@xxx.xxx.xx>; s 47E(d) Carol
s 47E(d)
>
Cc:s 47E(d)
Katie <s 47E(d)
Subject: FW: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by
22 August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
Hello to the CCS Leadership Group,
I just thought I would bring this email to your collective attention, just in case you were unaware of this FOI request,
as it appears that the Legal Branch are asking for a lot of historical data in order to address this request.
Thus, I leave the matter for your consideration.
Thanks,
Conor s 47E(d)
Client Support Co-ordinator
Co-ordinated Client Support Team
eterans’ Affairs
s 47E(d)
Ext: s 47E(d)
Ph s 47E(d)
Fax: s 47E(d)
From: s
Am
47E(d)
y
On Behalf Of Information.Law
Sent: Thursday, 9 August 2018 2:50 PM
To: s 47E(d)
s 47E(d)
Cc: s 47E(d)
Subject: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by 22
August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
2
Page 59 of 83
FOI LEX 24429
the information you provide, the Information
Law team will be better placed to determine
whether justifications exist under the FOI Act to
refuse access to the document(s).
If you have any concerns please call or email the
Information Law team to discuss the request
and/or documents further.
We appreciate your assistance with this request. If you have any questions please do not hesitate to contact us to
discuss.
Kind Regards,
Amys 47E(d)
Information Access Assistant
Information Law | Legal Services & Assurance Branch
Department of Veterans’ Affairs
s 47E(d)
GPO Box 9998 Canberra ACT 2601
E: xxxxxxxxxxxxxx@xxx.xxx.xx
s 47F
5
Page 62 of 83
FOI LEX 24429
s 47E(d)
Julie
From:
Verity Pane <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Sent:
Friday, 7 September 2018 2:36 AM
To:
INFORMATION.LAW
Subject:
Re: FOI 23863 - Notice of intention to refuse - Request consultation due to
practical refusal reason [DLM=For-Official-Use-Only]
Dear Position Number 62210022,
I am not sure if I should be honoured or insulted that for my FOIs only, that DVA has decided to continue this latest
trend of issuing practical refusal notification just before the statutory processing period expires, in a blatant and
most obvious attempt to cause intentional but otherwise avoidable delay.
As you will recalll, the Act requires practical refusal notications to be identified at the earliest practical opportunity,
which has been consistently found to be before the 15th day of the statutory processing period (that is, before half
of the time has expired).
And yet again DVA dreams up the most impractical and intentionally inefficient overstated calculations (without
proof of the legitimacy of said calculations) despite evidence that that far more effective methods exist.
But since you intend to yet again engage in these sham fraudulent tactics, I’ll make this simple.
I revise the scope to cover the time period covering only June 2018 (that being one month only).
Now, the prediction is you’ll now do what you did with your other sham practical refusal, which is to take another 10
day’s or so to respond, and seek another 30 day’s, which to avoid doubt I refuse, which will have you making a
secret s 15AB application that I’ll only hear about after it is made, so you can cause even more intentional delay,
because that is the level of ethics over at DVA, which is to say none, and intentionally subverting and corrupting
your legislative obligations is just what your day to day methodology is.
You may only have, with consent, until 5pm on 21 September 2018 to issue a complete decision and release of
documents.
Yours sincerely,
Verity Pane
‐‐‐‐‐Original Message‐‐‐‐‐
Good afternoon Verity Pane,
FOI 23863 – section 24AB Notice of intention to refuse – Request consultation due to practical refusal reason
I refer to your request for access to information under the Freedom of Information Act 1982 (FOI Act) received on 8
August 2018.
1
Page 63 of 83
FOI LEX 24429
Please find attached a notification under section 24AB of the FOI Act, advising you of the Department’s intention to
refuse your request on the grounds that a practical refusal reason exists. A decision on this request will be made
pending the outcome of this requested consultation process.
Please review and consider the attached notice and advise how you wish to proceed by 20 September 2018.
If you require any further assistance or time to respond to this notice please do not hesitate to contact us.
Kind Regards,
Information Law Team
Department of Veterans’ Affairs
E: [1][email address] | W: [2]www.dva.gov.au
[3]cid:image001.png@01D0027A.1DAB84F0
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Please use this email address for all replies to this request:
foi+request‐4731‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's
FOI page.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
2
Page 64 of 83
FOI LEX 24429
s
Julie
47E(d)
From:
s 47E(d) , Leia
Sent:
Friday, 7 September 2018 1:45 PM
To:
s 47E(d) Rick
Cc:
s 47E(d) , Terene
Subject:
***Revised scope - now can process*** FOI 23863 (Verity Pane via Right to know) -
Please provide before 17 Sept 18 (or advise if this should be forwarded to another
area to respond) [DLM=For-Official-Use-Only]
Hi Rick,
I just tried to call you to let you know that Verity Pane has revised the scope of the FOI request, which now removes
the practical refusal reason.
The revised scope now only requires relevant information for one (1) month being
June 2018. As such, we would be
grateful if you could take steps to provide the information sought. We have an extension of time to finalise this
request and a decision will be due by 17 September 2018. I shouldn’t need too much time to draft the actual
decision but it would be good to have the document (or excel sheet with the data) well before the day the decision
falls due so I can format into an accessible document etc. It would also be good to get this to the applicant before
the decision falls due.
Grateful if you could call me to discuss.
Thank you.
Leia s 47E(d)
Assistant Director
Information Law | Legal Services & Assurance |s 47E(d)
ext s 47E(d) |
desk s 47E(d)
From: s 47E(d)Rick
Sent: Wednesday, 5 September 2018 12:30 PM
To: s 47E(d) Leia
Cc: s 47E(d) , Terene
Subject: FW: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by
22 August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
Importance: High
Hi Leia,
how many records did you look at
20
on what basis did you find there would be over 3000 clients
Over the last 17 months the CCS program has received a total of 1733 referrals, averaging just over 100 per
month. This means that for the scope of the request the projection is actually 3669 clients or 1223 referrals
per financial year.
how did you estimate the task would take 3 weeks to complete? (is it based on how long it took to do the
sample etc). I will need to break down hours in my notice. For example, the notice will need to explain:
1
Page 65 of 83
FOI LEX 24429
o what type of sampling we undertook and the % of records that relates to (e.g. if a request appears
voluminous and there are 100 documents, we might look at a 10% sample = 10 documents to form
our assessment).
I undertook a sample of 20 clients which is 20% of once months average allocations.
20 clients from the total 1223 referral per financial year, results in a percentage sample size of
1.63% of the scope.
20 clients from the total 3669, results in a percentage sample size of .54% of the scope.
o the total estimated records that need to be assessed
3669 records in aDVAnce, with multiple screen access to ascertain the details of scope like age,
outcome, period of referral etc.
o total number of clients (how did you come to the number of 3000 etc)
Average of 101.5 referrals per month, results in 1223 referral per financial year, and across 3
financial years totals 3669 referrals. The basis of the average is 1732 referrals received over a 17
month period broken down to an average of 101.5 referrals per month.
o how long it would take to search our records to find the data/information in the format request by
the applicant
3 minutes was the average time to access/review 1 record.
o how long it would take to arrange the data/information in the format request by the applicant
Approximately another 1 minute to transpose the data into a central record that would form the
basis of the response.
o whether any exemptions would apply and how much I need to make a decision on those
exemptions (something I can assess)
o how long it would take to create a schedule of documents (not too difficult when creating a
document)
In summary, the total scope of request where it takes a total of 4 minutes per client record, is a total of 81 hours for
each financial year, and total of 243 hours for the entire scope of request.
If you require any additional information, please don’t hesitate to let me know.
Kind Regards
From: s 47E(d) Leia
On Behalf Of INFORMATION.LAW
Sent: Tuesday, 4 September 2018 1:08 PM
To: s 47E(d) Rick s 47E(d)
Subject: RE: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by
22 August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
Importance: High
Hi Rick,
Thank you for the below. Is there any more information you can provide, such as the sample you undertook and the
calculations used to get those numbers? I appreciate the numbers are high but it isn’t enough information for me to
issue the diversion notice we spoke about this morning. Any information you can give me about the sample you
undertook, including the steps you took to find relevant information and the time it took you to do so would be
useful. As discussed this morning, I will need to demonstrate in my notice how big the sample was and link it to the
total estimated documents and time to retrieve assess and release etc For example:
how many records did you look at
on what basis did you find there would be over 3000 clients
2
Page 66 of 83
FOI LEX 24429
how did you estimate the task would take 3 weeks to complete? (is it based on how long it took to do the
sample etc). I will need to break down hours in my notice. For example, the notice will need to explain:
o what type of sampling we undertook and the % of records that relates to (e.g. if a request appears
voluminous and there are 100 documents, we might look at a 10% sample = 10 documents to form
our assessment).
o the total estimated records that need to be assessed
o total number of clients (how did you come to the number of 3000 etc)
o how long it would take to search our records to find the data/information in the format request by
the applicant
o how long it would take to arrange the data/information in the format request by the applicant
o whether any exemptions would apply and how much I need to make a decision on those
exemptions (something I can assess)
o how long it would take to create a schedule of documents (not too difficult when creating a
document)
If you are able to provide more information that would assist me a great deal. Happy to discuss further.
Kind Regards,
Leia s 47E(d)
Assistant Director
Information Law | Legal Services & Assurance | s 47E(d)
ext s 47E(d) |
desk s 47E(d)
From: s 47E(d) Rick
Sent: Tuesday, 4 September 2018 10:54 AM
To: s 47E(d) Leia s 47E(d)
Subject: FW: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by
22 August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
FYI
From: s 47E(d) Katie
Sent: Friday, 10 August 2018 6:27 PM
To: s 47E(d)
Cc: s 47E(d) , Rick s 47E(d)
Subject: FW: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by
22 August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
Good afternoon DALAS,
Per my earlier discussion with the team, please be advised that the request for FOI 23863 is unable to be provided
by 22 August.
Below, is an indication of the size and scope of the request. As well as the timeframe for completion by the portfolio
Assistant Director, Rick Carter.
The Coordinated Client Support program provides a single point of contact service to vulnerable and at risk clients of
DVA, assisting their navigation of DVA business and ensuring support linkages where required. Whilst Rick has
scoped this request as 3 weeks to collate noting the size of the documents, I would add that the team currently do
not have a fulltime FTE to release to such a request without it negatively impacting the service to our client cohort.
3
Page 67 of 83
FOI LEX 24429
I am aware that where we have received these types of requests historically, DVA has responded with either an
extension of time and/or provided the size and scope details of the request to apportion costing to the applicant. It
appears this request may be similar in nature, so please do let us know if your require further information about the
impact to BAU in progressing with this matter.
Regards,
Katie s 47E(d)
National Director (a/g)
Coordinated Client Support Program
Department of Veterans' Affairs
GPO Box 9998 Melbourne
T (s 47E(d)
xxt s 47E(d) | M s 47E(d)
From: s 47E(d) Rick
Sent: Friday, 10 August 2018 12:37 PM
To: s 47E(d) Katie s 47E(d)
Subject: RE: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by
22 August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
Hi Katie,
I will be unable to comply with the time frame in the below request.
At first glance, the scope involves over 3000 clients, and based on a quick sample, it would take in excess of 3 weeks
full FTE to collate all of the requested data as it is all manual, due to scope.
Can you please advise.
Kind Regards,
Rick s 47E(d)
Assistant Director NSW/WA (a/g)
Coordinated Client Support
Department of Veterans' Affairs
t (02) 9213 7272 |
ext 417272| xxxx.xxxxxx@xxx.xxx.xx
From: s 47E(d)
Sent: Thursday, 9 August 2018 3:24 PM
To: s 47E(d) Jan s 47E(d)
Rick s 47E(d)
, Carol
s 47E(d)
Cc: s 47E(d) Katies 47E(d)
Subject: FW: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by
22 August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
Hello to the CCS Leadership Group,
4
Page 68 of 83
FOI LEX 24429
s
Julie
47E(d)
From:
s 47E(d)Leia on behalf of INFORMATION.LAW
Sent:
Tuesday, 4 September 2018 1:08 PM
To:
s 47E(d) Rick
Subject:
RE: Search request for documents related to FOI 23863 (Verity Pane via Right to
know) - Please provide by 22 August 2018 (or advise if this should be forwarded to
another area to respond) [DLM=For-Official-Use-Only]
Importance:
High
Hi Rick,
Thank you for the below. Is there any more information you can provide, such as the sample you undertook and the
calculations used to get those numbers? I appreciate the numbers are high but it isn’t enough information for me to
issue the diversion notice we spoke about this morning. Any information you can give me about the sample you
undertook, including the steps you took to find relevant information and the time it took you to do so would be
useful. As discussed this morning, I will need to demonstrate in my notice how big the sample was and link it to the
total estimated documents and time to retrieve assess and release etc For example:
how many records did you look at
on what basis did you find there would be over 3000 clients
how did you estimate the task would take 3 weeks to complete? (is it based on how long it took to do the
sample etc). I will need to break down hours in my notice. For example, the notice will need to explain:
o what type of sampling we undertook and the % of records that relates to (e.g. if a request appears
voluminous and there are 100 documents, we might look at a 10% sample = 10 documents to form
our assessment).
o the total estimated records that need to be assessed
o total number of clients (how did you come to the number of 3000 etc)
o how long it would take to search our records to find the data/information in the format request by
the applicant
o how long it would take to arrange the data/information in the format request by the applicant
o whether any exemptions would apply and how much I need to make a decision on those
exemptions (something I can assess)
o how long it would take to create a schedule of documents (not too difficult when creating a
document)
If you are able to provide more information that would assist me a great deal. Happy to discuss further.
Kind Regards,
Leia s 47E(d)
Assistant Director
Information Law | Legal Services & Assurance | s 47E(d)
ext s
|
47E(d)
desk s 47E(d)
Froms 47E(d)Rick
Sent: Tuesday, 4 September 2018 10:54 AM
To: s 47E(d)Leia
Subject: FW: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by
22 August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
1
Page 72 of 83
FOI LEX 24429
FYI
From: s 47E(d) Katie
Sent: Friday, 10 August 2018 6:27 PM
To: s 47E(d)
Cc: s 47E(d) Rick s 47E(d)
Subject: FW: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by
22 August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
Good afternoon DALAS,
Per my earlier discussion with the team, please be advised that the request for FOI 23863 is unable to be provided
by 22 August.
Below, is an indication of the size and scope of the request. As well as the timeframe for completion by the portfolio
Assistant Director, Rick s 47E(d)
The Coordinated Client Support program provides a single point of contact service to vulnerable and at risk clients of
DVA, assisting their navigation of DVA business and ensuring support linkages where required. Whilst Rick has
scoped this request as 3 weeks to collate noting the size of the documents, I would add that the team currently do
not have a fulltime FTE to release to such a request without it negatively impacting the service to our client cohort.
I am aware that where we have received these types of requests historically, DVA has responded with either an
extension of time and/or provided the size and scope details of the request to apportion costing to the applicant. It
appears this request may be similar in nature, so please do let us know if your require further information about the
impact to BAU in progressing with this matter.
Regards,
Katie s 47E(d)
National Director (a/g)
Coordinated Client Support Program
Department of Veterans' Affairs
GPO Box 9998 Melbourne
T s 47E(d)
, xxt s 47E(d) | M s 47E(d)
From: s
Ri
47E(d) ck
Sent: Friday, 10 August 2018 12:37 PM
To:s 47E(d) Katie s 47E(d)
Subject: RE: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by
22 August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
Hi Katie,
I will be unable to comply with the time frame in the below request.
At first glance, the scope involves over 3000 clients, and based on a quick sample, it would take in excess of 3 weeks
full FTE to collate all of the requested data as it is all manual, due to scope.
Can you please advise.
Kind Regards,
2
Page 73 of 83
FOI LEX 24429
Rick s 47E(d)
Assistant Director NSW/WA (a/g)
Coordinated Client Support
Department of Veterans' Affairs
t s 47E(d)
|
ext s 47E(d)
From: s 47E(d)
Sent: Thursday, 9 August 2018 3:24 PM
To:s
Jan
47E(d)
<s 47E(d)
Rick <s 47E(d)
Carol
<s 47E(d)
Cc: s 47E(d) Katie s 47E(d)
Subject: FW: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by
22 August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
Hello to the CCS Leadership Group,
I just thought I would bring this email to your collective attention, just in case you were unaware of this FOI request,
as it appears that the Legal Branch are asking for a lot of historical data in order to address this request.
Thus, I leave the matter for your consideration.
Thanks,
Conor s 47E(d)
Client Support Co-ordinator
Co-ordinated Client Support Team
Department of Veterans’ Affairs
s 47E(d)
Ext: s 47E(d)
Ph: s 47E(d)
Fax: s 47E(d)
From s
Am
47E(d)
y
On Behalf Of Information.Law
Sent: Thursday, 9 August 2018 2:50 PM
To: s 47E(d)
s 47E(d)
Cc: Information.Law s 47E(d)
Subject: Search request for documents related to FOI 23863 (Verity Pane via Right to know) ‐ Please provide by 22
August 2018 (or advise if this should be forwarded to another area to respond) [DLM=For‐Official‐Use‐Only]
Good afternoon,
Re: Search request for documents related to FOI 23863 (Verity Pane via Right to know)
On 08 August 2018, the Department received a request for documents under the
Freedom of Information Act 1982 (FOI Act) from Verity Pane via Right to know. A decision on this request is due by the Department not later than COB
7 September 2018. Details of the FOI request are below.
Requested action
3
Page 74 of 83
FOI LEX 24429
We appreciate your assistance with this request. If you have any questions please do not hesitate to contact us to
discuss.
Kind Regards,
Amy s 47E(d)
Information Access Assistant
Information Law | Legal Services & Assurance Branch
Department of Veterans’ Affairs
s 47E(d)
GPO Box 9998 Canberra ACT 2601
E: xxxxxxxxxxxxxx@xxx.xxx.xx
s 47F
6
Page 77 of 83
FOI LEX 24429
LEX ID
23863
Outcome
Full access
File notes
Date
Type
DVA officer
Timeframe days
s 22
s 47E(d)
s 47E(d)
s 47E(d)
Page 78 of 83
FOI LEX 24429
s 22
s 47E(d)
s 47E(d)
s 47E(d)
s 47E(d)
17-Sep-18
1. File note
Leia s 47E(d)
Email from Katie CLU advising:
Just closing the loop on the below. I have been the A/D CLU since July 2016, and in that time have not supplied CLU
data for input into ANAO reports to the best of my knowledge.
During 2017, the CLU were the subject of an efficiency/best practice report completed by KPMG at our request. At
the time, I recall our then SRO indicating the CLU had not been reviewed (ANAO or otherwise) since its inception in
2010.
13-Sep-18
1. File note
Leia s 47E(d)
Page 79 of 83
FOI LEX 24429
Received simplified data from Rick. Need to convert into doc for applicant, talk with Rick if needed. did send him
email to clarify if CLU data is reported at all in ANAO reports: some content re email chain below:
From: s 47E(d) Rick
Sent: Thursday, 13 September 2018 10:48 AM
Hi All,
Not a problem, happy to help.
In relation to CLU, I do not believe so, but I have included Katie Marriner on this reply for her input as the AD for CLU.
Kind Regards,
Rick
-------------------------------------
From: s 47E(d) Rick
Sent: Wednesday, 12 September 2018 2:04 PM
Hi Leia,
I have collated the data for the revised scope.
For the month of June 2018.
97 referrals received to CCS, with a breakdown as follows:
• 11 Level 2 clients accepted into CCS
• 20 Level 3 clients accepted into CCS
• 59 Level 1 clients – outcome of referral being business as usual ( 3 duplicates are included in this number,
and the overall referral number)
• 4 Service Coordination clients referred
There were no referrals for CLU and a total of 90 referrals for CCS minus duplicates and Service coordination
referrals. Of the 90 referrals for CCS, 4 were over the age of 65 and 86 were under the age of 65.
If you have any questions, please feel free to contact me.
Kind Regards,
Rick
12-Sep-18
1. File note
Leia s 47E(d)
Spoke with Rick. He said he has extracted the data but would like to send through with some clarification so as to
limit any misunderstanding re the data. I said that was a good idea and would wait for his data to see how I can put it
all together as requested. Will call him if I have any questions once received.
11-Sep-18
1. File note
Leia s 47E(d)
s 22
FOI 21147, 23544 & 23863 - have asked Amy to collate info requested.
7-Sep-18
1. File note
Leia s 47E(d)
Rick advised will have info to us by 12/13 Sept
7-Sep-18
3. Tme extension
Leia s 47E(d)
14
Applicant advised would give EOT to 21/9/18 to process request
Page 80 of 83
FOI LEX 24429
7-Sep-18
1. File note
Leia s 47E(d)
Applicant responded to 24AB notice - has revised scope to June 2018 only. Have emailed advising this removes the
practical refusal reason. Applicant also offered EOT to 21/9/18. Sent email to business area re revised scope and
asked for them to process.
6-Sep-18
1. File note
Leia s 47E(d)
Sent 24AB notice to applicant - has 14 days to respond (20/9/18)
6-Sep-18
1. File note
Leia s 47E(d)
Went through information from Rick and formed my estimates as follows:
Following initial enquiries, I estimate that 246.6 hours of processing time is required to deal with this request. The
reasons for this are as follows:
• Your request asks the Department to create a document under section 17 of the FOI Act. To do so, the
Department needs to retrieve data that is not readily available, review that data and assemble it in the manner you
have requested. This requires, for example:
a) initial searches and retrieval of data that may be relevant to your request;
b) extraction and sorting the data into Financial Years;
c) extraction of the relevant information into a new document;
d) sorting the data into the categories you have requested (e.g. CLU - > 65); and
e) removal of identifying information.
• It has been estimated that there are approximately 3,669 records that need to be examined. Over the past 17
months the CCS program has received a total of 1,733 referrals, averaging at 101.5 per month. This means that for
the scope of the request, the projection is actually 3,669 clients or 1,223 referrals per financial year.
• It is estimated that a total of 244.6 hours would be required to search, retrieve, assess and transpose the data
you seek into an accessible format (equivalent to 81.53 hours per Financial Year). This estimate is based on a
sample of 20 clients, which represent an estimated 20 per cent of the monthly average of 101.5 referrals.
Undertaking this task revealed that:
a) it would take three (3) minutes on average to access and review one (1) record; and
b) it would take an additional one (1) minute per record to transpose the data into a central record that would
form the basis of the section 17 document.
• This sample took over an hour to complete. As 20 clients represent .0054 per cent of the total clients, it is
reasonable to assume that it would take 244.6 hours to undertake this task for all relevant records.
• The relevant document once finalised, will have to be analysed and a decision made before it can be released
to you. I do not consider at this stage, that any of the information is likely to be exempt from disclosure under the FOI
Act. As such, I estimate that it would take approximately one (1) hour to draft the Statement of Reasons, the
Schedule of Documents and to finalise the section 17 document, noting on initial review that exemptions are unlikely
to apply.
The above estimate does not take into account the time taken to initially respond to your request, send search
requests, undertake a sample or to issue this notice to you. This would bring the total time to process your request to
at least 246.9 hours.
5-Sep-18
1. File note
Leia s 47E(d)
Page 81 of 83
FOI LEX 24429
Rick sent through info - need to assess and speak with Rick:
Hi Leia,
• how many records did you look at
20
• on what basis did you find there would be over 3000 clients
Over the last 17 months the CCS program has received a total of 1733 referrals, averaging just over 100 per month.
This means that for the scope of the request the projection is actually 3669 clients or 1223 referrals per financial
year.
• how did you estimate the task would take 3 weeks to complete? (is it based on how long it took to do the
sample etc). I will need to break down hours in my notice. For example, the notice will need to explain:
o what type of sampling we undertook and the % of records that relates to (e.g. if a request appears voluminous
and there are 100 documents, we might look at a 10% sample = 10 documents to form our assessment).
I undertook a sample of 20 clients which is 20% of once months average allocations.
20 clients from the total 1223 referral per financial year, results in a percentage sample size of 1.63% of the scope.
20 clients from the total 3669, results in a percentage sample size of .54% of the scope.
o the total estimated records that need to be assessed
3669 records in aDVAnce, with multiple screen access to ascertain the details of scope like age, outcome, period of
referral etc.
o total number of clients (how did you come to the number of 3000 etc)
Average of 101.5 referrals per month, results in 1223 referral per financial year, and across 3 financial years totals
3669 referrals. The basis of the average is 1732 referrals received over a 17 month period broken down to an
average of 101.5 referrals per month.
o how long it would take to search our records to find the data/information in the format request by the applicant
3 minutes was the average time to access/review 1 record.
o how long it would take to arrange the data/information in the format request by the applicant
Approximately another 1 minute to transpose the data into a central record that would form the basis of the response.
o whether any exemptions would apply and how much I need to make a decision on those exemptions
(something I can assess)
o how long it would take to create a schedule of documents (not too difficult when creating a document)
In summary, the total scope of request where it takes a total of 4 minutes per client record, is a total of 81 hours for
each financial year, and total of 243 hours for the entire scope of request.
4-Sep-18
1. File note
Leias 47E(d)
Page 82 of 83
FOI LEX 24429
Spoke with Rick about this FOI. He explained that his estimates from a sample of only 10 amounted to more than
100hours (just for 1 x FY). I said that we could issue a 24AB notice, but that we need to give options on how the
request can be revised and be detailed in how we have formed the estimates. Asked him to provide me more
information about the work involved and the sample he undertook. Said we can then determine an overall estimate.
Rick said that he would never be able to have the time to process the process the request as he can't take that much
time away from his usual duties. I explained that we need to ensure practical refusal really does exist and make it
clear in the notice to applicant the reasons for this. Advised I need more information to justify at this stage. Rick said
he will get me the information by tomorrow.
Will progress request and not issue charges at this stage. Not wanting to request EOT at this stage noting time that
has already passed & may not be reasonable if going to issue 24AB. May need to get EOT pending outcome of
revised scope/24AB.
31-Aug-18
1. File note
Leia s 47E(d)
Email from Rick re volume of work involved. Called to discuss. Left VM & sent email asking him to call me to discuss.
Could consider EOT via 15AA or 15AB, issuing charges and also 24AB pending discussion, but need more info
before I know what option(s) are viable and reasonable.
s 47E(d)
30-Aug-18
1. File note
Amy
Follow up re searches
17-Aug-18
1. File note
Amy s 47E(d)
Hi Leia
I’ve had a discussion with Sonia and she has provided me with the advice that was forwarded to Information Access
earlier this year (see below).
Sonia has indicated that this information is still accurate but at this time the CLU simply does not have the capacity to
undertake it due to staff movements and staff leave.
Please let me know if you need anything further in relation to this.
Cheers
Anthony
Client Liaison Unit
Leia: Spoke with CLU - will progress request and not issue charges at this stage. Not wanting to request EOT until I
kno
it is needed
s 47E(d)
8-Aug-18
5. Clock start
Amy
30
Clock started
Page 83 of 83