FOI
Statement of reasons made under the Freedom of Information Act 1982
Decision and reason for decision of Leia (Position Number 62210022), Information Law
Section, Legal Services and Assurance Branch, Department of Veterans’ Affairs
Applicant:
Verity Pane
Decision date:
12 November 2018
FOI reference number:
FOI 25079
Sent by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Verity Pane,
Freedom of Information Request: FOI 25079
1.
I have made a decision to release the documents relevant to your request in part.
Summary
2.
I, Leia (Position Number 62210022), Assistant Director, Information Law Section, am an officer
authorised by the Secretary of the Department of Veterans’ Affairs (
Department) to make decisions
about access to documents in the possession of the Department in accordance with section 23(1) of
the
Freedom of Information Act 1982 (
FOI Act).
3.
On 11 October 2018, you made a request for access to documents in the possession of the
Department. Your request sought access to:
“…Under FOI I seek copy of the:
* current user manual for the aDVAnce case management system
If that document does not exist or is refused, then I seek copy of:
* any bench or desk level instructions about entering or accessing data from the aDVAnce
system that may presently exist; and
* any brief or summary report about the aDVAnce case management system, or any summary
reporting it has produced within the last three months…”
1
4.
As no extensions of time have been applied to process your request, a decision on your request is
due 12 November 2018.
5.
I have decided not to impose a charge in relation to this request, in accordance with regulation 3(1)
of the
Freedom of Information (Charges) Regulations 1982.
6.
The Department has undertaken a reasonable search of its records and has identified five (5)
document relevant to your request, as set out above. The documents relevant to your request are
listed at
Schedule 1.
Decision
7.
I have made a decision to release the documents relevant to your request in part. The documents
that I have chosen to grant access in part are set out in Schedule 1, together with applicable
exemption provisions. Where I have decided to grant access in part, I have provided access to an
edited copy of the documents, modified by deletions in accordance with section 22(2) of the FOI Act.
Material taken into account
8.
In accordance with section 26(1)(a) of the FOI Act, my findings on any material question of fact, the
material on which those findings were based and the reasons for my decision to grant partial access
to the documents follows.
9.
I have taken the following material into account in making my decision:
the terms of your request;
the types of documents that are in the possession of the Department;
the content of the documents that fall within the scope of your request;
Sections 3, 11 and 11A of the FOI Act which give the Australian community a legally
enforceable right to obtain access to information held by the Government of the
Commonwealth. I also considered the following provisions of the FOI Act relevant to my
decision:
- Section 11B Public interest exemption – factors
- Section 22
Access to edited copies with exempt or irrelevant material deleted
- Section 47E Public interest conditional exemptions--certain operations of agencies;
- Section 47F Personal Privacy; and
the Guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (
FOI Guidelines).
2
10.
A full extract of all FOI Act provisions used to make my decision are provided in
Schedule 2.
Reasons for decision
11.
I have decided to
grant access to documents within the scope of your request, subject to the
following exemptions in accordance with the FOI Act:
Public interest conditional exemptions--certain operations of agencies (section 47E)
12.
I have found material in the documents to contain information that if released, could have a
substantial adverse effect on the management of personnel by the Department and on the proper
and efficient conduct of the Department.
13.
Section 47E of the FOI Act provides that a document is conditionally exempt if its disclosure would, or
could reasonably be expected to, do any of the following:
(a)
prejudice the effectiveness of procedures or methods for the conduct of tests,
examinations or audits by an
agency;
(b)
prejudice the attainment of the objects of particular tests, examinations or audits
conducted or to be conducted by an
agency;
(c)
have a substantial adverse effect on the management or assessment of personnel by the
Commonwealth, by Norfolk Island or by an
agency;
(d)
have a substantial adverse effect on the proper and efficient conduct of the operations of
an
agency.
14.
Where the document contains information exempt under section 47E(c) and (d), an edited copy has
been prepared (pursuant to section 22 of the FOI Act) with these details redacted.
15.
Because of the way the Department constructs the email addresses of individual officers, I have
decided to redact the surnames of Departmental staff and contact numbers to give effect to this
conditional exemption.
16.
The Department’s role is to provide support and information to veterans and their dependents,
Australian Defence Force personnel and other categories of people. The services and support which
the Department provides include pensions and compensation, health care, rehabilitation and
counselling services, amongst other things. It is important that the Department is able to continue to
provide these services and to carry out the other legislative functions and administrative and
operational processes required of them. Certain processes and specific channels of communication
have been implemented which enable clients and other relevant stakeholders to contact the
Department in a way that ensures all Departmental resources are managed as efficiently as possible.
17.
Release of the surnames and direct contact details of those staff in the circumstances would
adversely affect the Department as the established lines of communication could then be bypassed.
3
It is reasonable to expect that this would disrupt and adversely affect the operations of the
Department.
18.
I also consider that your demonstrated pattern of behaviour in targeting and insulting Departmental
staff by email and online, a further reason to exempt staff surnames and direct contact details. The
manner in which you have done, and continue to engage with Departmental staff online could have a
substantial adverse effect on the management or assessment of personnel as well as an adverse
effect on the proper and efficient conduct of the operations of the Department.
19.
Accordingly, I have decided that the parts of documents which are listed as exempt in accordance
with this provision in
Schedule 1, meet the criteria for conditional exemption. Where a document is
assessed as conditionally exempt, access must be given subject to the public interest test in
accordance with section 11A(5) of the FOI Act.
Application of the public interest test
20.
Section 11A(5) of the FOI Act provides that an agency must give the person access to the document if
it is conditionally exempt at a particular time unless (in the circumstances) access to the document
would, on balance, be contrary to the public interest.
21.
In order to assess whether release of the exempt material would be contrary to the public interest, I
considered the following factors which favour disclosure:
(a) disclosure would promote the objects of the FOI Act.
22.
I also considered the following factors which do not favour disclosure:
(a) disclosure would, or could reasonably be expected to, have a substantial adverse effect
on the management or assessment of personnel by the Commonwealth;
(b) disclosure would, or could reasonably be expected to, have a substantial adverse effect
on the proper and efficient conduct of the operations o
f an agency;
(c) disclosure could reasonably be expected to prejudice the protection of an individual’s
right to privacy;
(d) disclosure could reasonably be expected to prejudice an agency’s ability to obtain
similar information in the future;
(e) disclosure could reasonably be expected to harm the interests of an individual or group
of individuals; and
(f) disclosure could reasonably be expected to prejudice the management function of an
agency.
4
23.
I am satisfied that no irrelevant factor has been considered, as set out in section 11B(4) of the
FOI Act.
24.
On balance, I consider the public interest factors against disclosure to be more persuasive than the
public interest factors favouring disclosure. I am satisfied that the public interest is to withhold the
exempt material.
Public interest conditional exemptions--personal privacy (section 47F)
1.
Section 47F of the FOI Act provides that a document is conditionally exempt if its disclosure would
involve the unreasonable disclosure of personal information about any person (including a deceased
person).
2.
The documents also contain information relating to Department clients. This information does not
relate to you or your affairs. This information satisfies the definition of personal information in
section 4 of the FOI Act.
3.
In accordance with section 47F(2) of the FOI Act, in determining whether the disclosure of this
information would involve the unreasonable disclosure of personal information, I considered the
following factors:
(a) the extent to which the information is well known;
(b) whether the person to whom the information relates to is known to be (or to have
been) associated with the matters dealt with in the documents; and
(c) the availability of the information from publicly available sources.
4.
I am satisfied that the information relates to clients other than yourself and is not well known nor is
it publicly available. Accordingly, I have decided that parts of documents which are listed as exempt
in accordance with this provision in
Schedule 1, meet the criteria for conditional exemption. Where a
document is assessed as conditionally exempt, access must be given subject to the public interest
test in accordance with section 11A(5) of the FOI Act.
Application of the public interest test:
5.
Section 11A(5) of the FOI Act provides that an agency must give the person access to the document if
it is conditionally exempt at a particular time unless (in the circumstances) access to the document
would, on balance, be contrary to the public interest.
6.
In order to assess whether release of the exempt material would be contrary to the public interest, I
considered that disclosure would promote the objects of the FOI Act.
5
7.
I also considered the following factors which do not favour disclosure:
(a) disclosure would, or could reasonably be expected to, have a substantial adverse effect
on the proper and efficient conduct of the operations o
f an agency;
(b) disclosure could reasonably be expected to prejudice the protection of an individual’s
right to privacy;
(c) disclosure could reasonably be expected to prejudice an agency’s ability to obtain
similar information in the future; and
(d) disclosure could reasonably be expected to harm the interests of an individual or group
of individuals.
8.
I am satisfied that no irrelevant factor has been considered, as set out in section 11B(4) of the
FOI Act. On balance, I consider the public interest factors against disclosure to be more persuasive
than the public interest factors favouring disclosure. I am satisfied that the public interest is to
withhold the exempt material.
Access to documents
25.
The documents released to you in accordance with the FOI Act are enclosed.
Information Publication Scheme
26. The Information Publication Scheme requires the Department to publish information released in
response to individual requests made under the FOI Act, except in specified circumstances. I am of
the view that details of your request should be made available on the Department’s disclosure log.
As such details of your request will be published by the Department on its disclosure log, which can
be accessed a
t http://www.dva.gov.au/about-dva/freedom-information/foi-disclosure-log
Your rights of review
27.
If you are dissatisfied with my decision, you may apply for internal review or request the Office of the
Australian Information Commissioner (
OAIC) review my decision. We encourage you to seek internal
review as a first step as it may provide a more rapid resolution of your concerns.
Internal review
28.
Under section 54 of the FOI Act, you may apply in writing to the Department for an internal review of
my decision. The internal review application must be made within 30 days of the date of this letter.
Where possible please attach reasons why you believe review of the decision is necessary. The
internal review will be carried out by another officer within 30 days.
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29.
You can make your application for internal review in one of the following ways:
Post: Legal Services & General Counsel Branch, Department of Veterans’ Affairs
GPO Box 9998, Canberra ACT 2601
Facsimile: (02) 6289 6337
Email: xxxxxxxxxxx.xxxxxx@xxx.xxx.xx
OAIC review
30.
Under section 54L of the FOI Act, you may apply to the OAIC to review my decision. An application
for review by OAIC must be made in writing within 60 days of the date of this letter, and be lodged in
one of the following ways:
Online: www.oaic.gov.au
Post: Office of the Australian Information Commissioner
GPO Box 5218, Sydney NSW 2001
Facsimile: (02) 9284 9666
Email: xxxxxxxxx@xxxx.xxx.xx
In person: Level 3, 175 Pitt Street, Sydney NSW 2000
31. More information about your review rights under the FOI Act is available in Fact Sheet 12 published
by the OAIC:
http://oaic.gov.au/freedom-of-information/foi-resources/freedom-of-information-fact-
sheets/foi-factsheet-12-your-review-rights
Contact us
32.
If you wish to discuss this decision, please do not hesitate to contact the Information Law Section
using the following details:
Post: Legal Services & Assurance, Department of Veterans’ Affairs
GPO Box 9998, Canberra ACT 2601
Facsimile: (02) 6289 6337
Email: xxxxxxxxxxx.xxx@xxx.xxx.xx
Yours sincerely,
Leia (Position Number 62210022)
Assistant Director
Information Law Section | Legal Services & Assurance Branch
Legal Assurance and Governance Division
12 November 2018
7
FOI
Schedule 1
Schedule of documents
Applicant:
Verity Pane
Decision date:
12 November 2018
FOI reference number:
FOI 25079
Doc
Date of
Document description
Pages
Decision
Exemption
ref
document
provision
1
12 July 2018
How to Use CCS - v1.4
43
Released in part
s 47E(c) & (d)
s 47F
2
November 2012 Version 6 DocTracker Requests Guide
10
Released in part
s 47E(c) & (d)
s 47F
3
Undated
Version 6 EAS Guide
16
Released in part
s 47E(c) & (d)
s 47F
4
Undated
Version 6 PRS Registration
20
Released in part
s 47E(c) & (d)
s 47F
5
Undated
Version 6 VAN OBAS CCF Guide
26
Released in part
s 47E(c) & (d)
s 47F
8
FOI
Schedule 2
Schedule of relevant provisions in the FOI Act
3
Objects—general
(1)
The objects of this Act are to give the Australian community access to information held by
the Government of the Commonwealth or the Government of Norfolk Island, by:
(a)
requiring agencies to publish the information; and
(b)
providing for a right of access to documents.
(2)
The Parliament intends, by these objects, to promote Australia’s representative democracy
by contributing towards the following:
(a)
increasing public participation in Government processes, with a view to promoting
better informed decision-making;
(b)
increasing scrutiny, discussion, comment and review of the Government’s
activities.
(3)
The Parliament also intends, by these objects, to increase recognition that information held
by the Government is to be managed for public purposes, and is a national resource.
(4)
The Parliament also intends that functions and powers given by this Act are to be
performed and exercised, as far as possible, to facilitate and promote public access to
information, promptly and at the lowest reasonable cost.
11
Right of access
(1)
Subject to this Act, every person has a legally enforceable right to obtain access in
accordance with this Act to:
(a)
a document of an agency, other than an exempt document; or
(b)
an official document of a Minister, other than an exempt document.
(2)
Subject to this Act, a person’s right of access is not affected by:
(a)
any reasons the person gives for seeking access; or
(b)
the agency’s or Minister’s belief as to what are his or her reasons for seeking
access.
11A Access to documents on request
Scope
(1)
This section applies if:
(a)
a request is made by a person, in accordance with subsection 15(2), to an agency or
Minister for access to:
(i)
a document of the agency; or
(ii)
an official document of the Minister; and
(b)
any charge that, under the regulations, is required to be paid before access is given
has been paid.
(2)
This section applies subject to this Act.
Note:
Other provisions of this Act are relevant to decisions about access to documents, for example the following:
(a)
section 12 (documents otherwise available);
(b)
section 13 (documents in national institutions);
(c)
section 15A (personnel records);
(d)
section 22 (access to edited copies with exempt or irrelevant matter deleted).
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Mandatory access—general rule
(3)
The agency or Minister must give the person access to the document in accordance with
this Act, subject to this section.
Exemptions and conditional exemptions
(4)
The agency or Minister is not required by this Act to give the person access to the
document at a particular time if, at that time, the document is an exempt document.
Note:
Access may be given to an exempt document apart from under this Act, whether or not in response to a request
(see section 3A (objects—information or documents otherwise accessible)).
(5)
The agency or Minister must give the person access to the document if it is conditionally
exempt at a particular time unless (in the circumstances) access to the document at that
time would, on balance, be contrary to the public interest.
Note 1: Division 3 of Part IV provides for when a document is conditionally exempt.
Note 2: A conditionally exempt document is an exempt document if access to the document would, on balance, be
contrary to the public interest (see section 31B (exempt documents for the purposes of Part IV)).
Note 3: Section 11B deals with when it is contrary to the public interest to give a person access to the document.
(6)
Despite subsection (5), the agency or Minister is not required to give access to the
document at a particular time if, at that time, the document is both:
(a)
a conditionally exempt document; and
(b)
an exempt document:
(i)
under Division 2 of Part IV (exemptions); or
(ii)
within the meaning of paragraph (b) or (c) of the definition of exempt
document in subsection 4(1).
22
Access to edited copies with exempt or irrelevant matter deleted
Scope
(1)
This section applies if:
(a)
an agency or Minister decides:
(i)
to refuse to give access to an exempt document; or
(ii)
that to give access to a document would disclose information that would
reasonably be regarded as irrelevant to the request for access; and
(b)
it is possible for the agency or Minister to prepare a copy (an edited copy) of the
document, modified by deletions, ensuring that:
(i)
access to the edited copy would be required to be given under section 11A
(access to documents on request); and
(ii)
the edited copy would not disclose any information that would reasonably
be regarded as irrelevant to the request; and
(c)
it is reasonably practicable for the agency or Minister to prepare the edited copy,
having regard to:
(i)
the nature and extent of the modification; and
(ii)
the resources available to modify the document; and
(d)
it is not apparent (from the request or from consultation with the applicant) that
the applicant would decline access to the edited copy.
Access to edited copy
(2)
The agency or Minister must:
(a)
prepare the edited copy as mentioned in paragraph (1)(b); and
(b)
give the applicant access to the edited copy.
Notice to applicant
(3)
The agency or Minister must give the applicant notice in writing:
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(a)
that the edited copy has been prepared; and
(b)
of the grounds for the deletions; and
(c)
if any matter deleted is exempt matter—that the matter deleted is exempt matter
because of a specified provision of this Act.
(4)
Section 26 (reasons for decision) does not apply to the decision to refuse access to the
whole document unless the applicant requests the agency or Minister to give the applicant
a notice in writing in accordance with that section.
23
Decisions to be made by authorised persons
(1)
Subject to subsection (2), a decision in respect of a request made to an agency may be
made, on behalf of the agency, by the responsible Minister or the principal officer of the
agency or, subject to the regulations, by an officer of the agency acting within the scope of
authority exercisable by him or her in accordance with arrangements approved by the
responsible Minister or the principal officer of the agency.
(2)
A decision in respect of a request made to a court, or made to a tribunal, authority or body
that is specified in Schedule 1, may be made on behalf of that court, tribunal, authority or
body by the principal officer of that court, tribunal, authority or body or, subject to the
regulations, by an officer of that court, tribunal, authority or body acting within the scope
of authority exercisable by him or her in accordance with arrangements approved by the
principal officer of that court, tribunal, authority or body.
26
Reasons and other particulars of decisions to be given
(1)
Where, in relation to a request, a decision is made relating to a refusal to grant access to a
document in accordance with the request or deferring provision of access to a document,
the decision-maker shall cause the applicant to be given notice in writing of the decision,
and the notice shall:
(a)
state the findings on any material questions of fact, referring to the material on
which those findings were based, and state the reasons for the decision; and
(aa)
in the case of a decision to refuse to give access to a conditionally exempt
document—include in those reasons the public interest factors taken into account
in making the decision; and
Note:
Access must generally be given to a conditionally exempt document unless it would be contrary to the public
interest (see section 11A).
(b)
where the decision relates to a document of an agency, state the name and
designation of the person giving the decision; and
(c)
give to the applicant appropriate information concerning:
(i)
his or her rights with respect to review of the decision;
(ii)
his or her rights to make a complaint to the Information Commissioner in
relation to the decision; and
(iii)
the procedure for the exercise of the rights referred to in subparagraphs (i)
and (ii); including (where applicable) particulars of the manner in which an
application for internal review (Part VI) and IC review (Part VII) may be
made.
(1A)
Section 13 of the Administrative Decisions (Judicial Review) Act 1977 does not apply to a
decision referred to in subsection (1).
(2)
A notice under this section is not required to contain any matter that is of such a nature
that its inclusion in a document of an agency would cause that document to be an exempt
document.
(see section 11A).
Public interest conditional exemptions
47E
Public interest conditional exemptions—certain operations of agencies
A document is conditionally exempt if its disclosure under this Act would, or could reasonably be
expected to, do any of the following:
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(a)
prejudice the effectiveness of procedures or methods for the conduct of tests,
examinations or audits by an agency;
(b)
prejudice the attainment of the objects of particular tests, examinations or audits
conducted or to be conducted by an agency;
(c)
have a substantial adverse effect on the management or assessment of personnel
by the Commonwealth, by Norfolk Island or by an agency;
(d)
have a substantial adverse effect on the proper and efficient conduct of the
operations of an agency.
Note: Access must generally be given to a conditionally exempt document unless it would be contrary to the public
interest (see section 11A).
47F
Public interest conditional exemptions—personal privacy
General rule
(1)
A document is conditionally exempt if its disclosure under this Act would involve the
unreasonable disclosure of personal information about any person (including a deceased
person).
(2)
In determining whether the disclosure of the document would involve the unreasonable
disclosure of personal information, an agency or Minister must have regard to the following
matters:
(a)
the extent to which the information is well known;
(b)
whether the person to whom the information relates is known to be (or to have
been) associated with the matters dealt with in the document;
(c)
the availability of the information from publicly accessible sources;
(d)
any other matters that the agency or Minister considers relevant.
(3)
Subject to subsection (5), subsection (1) does not have effect in relation to a request by a
person for access to a document by reason only of the inclusion in the document of matter
relating to that person.
Access given to qualified person instead
(4)
Subsection (5) applies if:
(a)
a request is made to an agency or Minister for access to a document of the agency,
or an official document of the Minister, that contains information concerning the
applicant, being information that was provided by a qualified person acting in his or
her capacity as a qualified person; and
(b)
it appears to the principal officer of the agency or to the Minister (as the case may
be) that the disclosure of the information to the applicant might be detrimental to
the applicant’s physical or mental health, or well-being.
(5)
The principal officer or Minister may, if access to the document would otherwise be given
to the applicant, direct that access to the document, so far as it contains that information,
is not to be given to the applicant but is to be given instead to a qualified person who:
(a)
carries on the same occupation, of a kind mentioned in the definition of qualified
person in subsection (7), as the first-mentioned qualified person; and
(b)
is to be nominated by the applicant.
(6)
The powers and functions of the principal officer of an agency under this section may be
exercised by an officer of the agency acting within his or her scope of authority in
accordance with arrangements referred to in section 23.
(7)
In this section:
qualified person means a person who carries on, and is entitled to carry on, an occupation
that involves the provision of care for the physical or mental health of people or for their
well-being, and, without limiting the generality of the foregoing, includes any of the
following:
(a)
a medical practitioner;
(b)
a psychiatrist;
(c)
a psychologist;
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(d)
a counsellor;
(e)
a social worker.
Note: Access must generally be given to a conditionally exempt document unless it would be contrary to the public
interest (see section 11A).
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