Document 1
FOIREQ18/00152 001
From:
INFORMATION.LAW
To:
FOIDR
Subject:
FOI 24434 Request for Extension of time under (section 15AB) 14 days to 25 October [DLM=For-Official-
Use-Only]
Date:
Wednesday, 10 October 2018 1:10:16 PM
Attachments:
image001.png
FOI 24434 - OAIC extension form.pdf
FW Freedom of Information request - Copy of the Monthly RC metrics reports for July 2017 thru to June
2018 TO BE CLASSIFIED DLMFor-Official-Use-Only.msg
Re FOI 24434 Request for Extension of time under s15AA of the Freedom of Information Act 1982 (FOI Act)
DLMFor-Official-Use-Only.msg
Re FOI 24434 Request for Extension of time under s15AA of the Freedom of Information Act 1982 (FOI Act)
DLMFor-Official-Use-Only.msg
Good afternoon,
FOI 24434 – Section 15AB extension request
Please find attached a request for an extension of processing time to
25 October 2018, to
finalise the above FOI request. I also attach a copy of the FOI request and correspondence from
the applicant in response to our original request for an extension under section 15AA.
If you require any further information to support this request please let us know.
Kind Regards,
Leia (Position Number 62210022)
Assistant Director
Information Law Section | Legal Services and General Counsel Branch
Legal Assurance and Governance Division
Department of Veterans’ Affairs
E: xxxxxxxxxxx.xxx@xxx.xxx.xx |
W: www.dva.gov.au
cid:image001.png@01D0027A.1DAB84F0
IMPORTANT
1. Before opening any attachments, please check for viruses.
2. This e-mail (including any attachments) may contain confidential information
for the intended recipient. If you are not the intended recipient,
please contact the sender and delete all copies of this email.
3. Any views expressed in this e-mail are those of the sender and are not
a statement of Australian Government Policy unless otherwise stated.
4. Electronic addresses published in this email are not conspicuous publications and DVA
does not consent to the receipt of commercial electronic messages.
5. To unsubscribe from emails from the Department of Veterans' Affairs (DVA) please go
to
http://www.dva.gov.au/contact_us/Pages/feedback.aspx
, and advise which mailing list you would like to unsubscribe from.
6. Finally, please do not remove this notice.
Document 2
FOIREQ18/00152 002
FOIREQ18/00152 003
FOIREQ18/00152 004
FOIREQ18/00152 005
FOIREQ18/00152 006
Document 3
FOIREQ18/00152 007
From:
Liu, Linda on behalf of INFORMATION.ACCESS
To:
INFORMATION.LAW
Cc:
INFORMATION.ACCESS
Subject:
FW: Freedom of Information request - Copy of the Monthly R&C metrics reports for July 2017 thru to June
2018 [TO BE CLASSIFIED] [DLM=For-Official-Use-Only]
Date:
Tuesday, 11 September 2018 2:14:23 PM
Good afternoon.
Please see to the following.
Regards.
Linda Liu
Assistant Information Access Officer
National Information Access Processing Team (NIAPT)
Department of Veterans' Affairs
Tel : (02) 9213 7629 Fax: (02) 9213 7400
-----Original Message-----
From: Julie [mailto:xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx]
Sent: Tuesday, 11 September 2018 1:01 PM
To: FOI <xxx@xxx.xxx.xx>
Subject: Freedom of Information request - Copy of the Monthly R&C metrics reports for July 2017 thru to June
2018 [TO BE CLASSIFIED]
Dear Department of Veterans' Affairs,
I thought this best put separately as I understand these are different reports (as this one apparently only deals
with caseload, staffing, claims intake and TTTP summary statistics).
The following is an extract of ANAO’s Performance Audit Report entitled “Efficiency of Veterans Service
Delivery by the Department of Veterans’ Affairs” published 27 June 2018 and therefore should be quite current:
3.35 Governance and oversight of R&C is the responsibility of a national business manager located in
Melbourne. An extensive suite of reports and analysis is prepared on a monthly, weekly and daily basis
containing metrics about R&C operations. The reports focus on the caseload, staffing, claims intake and TTTP
broken down by locations and individuals. The standard reports also include exception reporting of all cases
with a TTTP of 240 days or longer, 365 days or longer and separate reporting of the ‘top 20’ oldest claims.
Along with TTTP reporting, the standard suite of reports provide details of quality assurance activities and
results.
It therefore is apparent that DVA has produced on a monthly basis a standard report that details the
aforementioned summary statistics, along with a list of the top 20 oldest claims still outstanding, as a normal
routine managerial report.
I therefore seek copy of each monthly report from July 2017 thru to and including June 2018 under FOI.
While summary statistics contain no personal information, it is possible the ‘Top 20’ list may refer to the
individual names of veterans, so consent is given to redact the name of any private individual (as I’m only
interested in the time they have been outstanding).
From what I understand, the monthly report doesn’t drill down into details, being a summary report, but if any
private individuals’ personal information is contained within them, then this of course may be redacted with
consent.
As the aforementioned ANAO report highlighted that despite the number of cases-on-hand / work-in progress
files has fallen by 17.9 per cent (2,266) from the start of the 2015 to 2017 period to its end, but the DVA
average TTTP (time taken to process) only fell between 3 per cent and 9 per cent across all R&C claim
categories in the same period, inferring that DVA is considerably less efficient at processing liability claims
FOIREQ18/00152 008
than it used to be, it is hoped this information may shed some light on the causes of this loss of efficiency.
Yours faithfully,
Julie
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxx@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.
-------------------------------------------------------------------
Document 4
FOIREQ18/00152 009
From:
Julie
To:
INFORMATION.LAW
Subject:
Re: FOI 24434 Request for Extension of time under s15AA of the Freedom of Information Act 1982 (FOI
Act) [DLM=For-Official-Use-Only]
Date:
Thursday, 27 September 2018 8:22:54 PM
Dear INFORMATION.LAW,
I don’t have enough information from what you have provided to assess whether an extension would be
reasonable, or even whether the time frame sought is reasonable.
You have basically just inferred you haven’t done any work to date on this FOI, but now realising the due date
is coming up, want to treat the FOI as if it was made next week, instead of nearly a month ago.
Whether this is actually true or not, I have no information to determine either way.
I do note that the Information Commissioner has previously determined that if an agency’s mismanagement or
failure to adequately resource its FOI functions had caused a delay, the FOI applicant should not be penalised
for it (because it’s not their fault).
While I would consider agreeing to a reasonable extension, I have no information before me from DVA to
assess what is reasonable in the circumstances (which may be 30 days or something lesser or not at all).
I am also concerned that despite citing a higher FOI workload, it seems that many people are being told they
will having ongoing delays to their FOI by DVA at the moment, so it is unclear what DVA is actually working
on right now that is causing these delays (especially if everyone is getting these delay notices).
So, as I do not want to treat you unfairly by just making a decision on very limited information from you, can
you please advise the following before Oct 3:
* What work to date has already taken place on this FOI?
* What timetable of steps can DVA outline for this FOI if the extension is granted (maybe I can save you some
time by letting you know what’s not necessary)?
* Will DVA agree not to make any charges notices or not to refuse to release anything, if the extension is
agreed (there is not much point giving extra time if you have no intent to provide access)?
* Can you provide some transparency about this higher workload? Is it due to more FOIs, or higher priority
FOIs, or staff absences or some other factor (and was there a reason DVA did not foresee it)?
I look forward to your response, which will hopefully provide the missing detail necessary to make an informed
and fair decision on your application.
Yours sincerely,
Julie
-----Original Message-----
Dear Julie,
Request for Extension of time under s15AA of the Freedom of Information
Act 1982 (FOI Act)
FOI 24434
A decision is due on your request by 11 October 2018.
FOIREQ18/00152 010
Unfortunately, the Department will be unable to finalise your request by
this date due to a large competing case load. While it is our goal to
process your request as soon as practicable, we would be grateful if you
would agree to a 30 day extension of time to process your request under
section 15AA of the FOI Act. If you are agreeable to the extension, the
revised due date for the decision will be 10 November 2018.
Please advise whether you agree to the extension of time by 5 October
2018.
If you agree to an extension, we will advise the Office of the Australian
Information Commissioner (OAIC) of the extension. As part of this, the
Department will provide your name and email address in case the OAIC needs
to contact you in about your FOI request.
If you have any questions about your FOI matter, please contact us using
the following details:
Post: Legal Services & Assurance, Department of Veterans’ Affairs
GPO Box 9998, Canberra ACT 2601
Facsimile: (02) 6289 6337
Email: [1][email address]
Kind regards,
Information Law Team
Information Law | Legal Services & Assurance Branch
Department of Veterans’ Affairs
Gnabra House – 21 Genge Street Canberra City ACT 2601|GPO Box 9998
Canberra ACT 2601
E: [2][email address]
FOIREQ18/00152 011
[3]cid:image001.png@01D0027A.1DAB84F0
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxx@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.
-------------------------------------------------------------------
Document 5
FOIREQ18/00152 012
From:
Julie
To:
INFORMATION.LAW
Subject:
Re: FOI 24434 Request for Extension of time under s15AA of the Freedom of Information Act 1982 (FOI
Act) [DLM=For-Official-Use-Only]
Date:
Wednesday, 3 October 2018 12:39:34 PM
Dear INFORMATION.LAW,
So, to summarise your carbon copy response (which is the same response given to all the FOIs of mine you
have delayed, despite them being on very different topics and even different in scope capture):
^ Despite, according to Prime Minister and Cabinet guidelines someone else posted here on Right to Know,
agencies commit no more than 2 calendar days to the conducting searches phases (and then only up to a
maximum of one hour of staff time), the DVA has only just started this step and has yet to complete it (I note
the DVA did not state when it first conducted these searches, nor state when they would be completed, despite
the DVA being aware there is a hard limit on the time the DVA will conduct such searches);
^ Despite that the DVA has not completed any steps, even though the 30 day s 15(5)(b) deadline has almost
expired, the DVA has not and will not commit nor consider what time it will commit to completing all the FOI
steps by (which is concerning given the DVA has hard limits as to how much time it will spend on any FOI
step, and should be planning and managing FOIs, not asserting that they are treated as hoc by the DVA’s
specialised FOI staff);
The DVA may cause further delay by issuing a very late practical refusal, or very late charges notice, or very
late intent to refuse access decision, all which will extend this FOI by months (possibly years if it goes to IC
Review.
It is concerning that, having failed to substantiate any reasonable grounds for the initial failure to handle this
FOI in accordance with the statutory obligations, that the DVA has just sat on the FOI for the vast majority of
the s 15(5)(b) statutory period, to create delay. That is inconsistent with the aims and objects of the Freedom of
Information Act.
It is also concerning that the 30 day extension sought, was not based on any reasonable need assessment, but
rather to just claim the maximum extension possible (again inconsistent with the aims and objects of the Act).
You have not provided me with any substantive evidence that would justify that they delays caused were due to
factors outside your control, to support extension. There is a worrying lack of transparency here, especially
when the DVA has sought extensions to all my FOIs, regardless of simplicity or narrowness of scope.
I do note however that there remains another 7 business days before the s 15(5)(b) statutory deadline expires
and that according to the Prime Minister and Cabinet guidance, this is ample time to complete a number of steps
(including assessment).
If the DVA can update me on the progress it has made by COB Tuesday 9 October 2018, and if there has been
substantive progress made, I will consider an extension at that time.
It is still something of a concern however, that the DVA is processing FOIs in an ad hoc haphazard way (which
is the most generous and positive interpretation you can put on in), instead of planning and managing them
professionally and competently in line with the aims, objects and purposes of the FOI Act and the various
directives and guidelines that apply.
Yours sincerely,
Julie
-----Original Message-----
Good morning Julie,
Thank you for your replies.
FOIREQ18/00152 013
The Department has undertaken steps to process your request, including search requests to identify the
documents you have sought access to. The Information Law Section is following up the results of those
searches. We are unable to provide you with a timetable as such, but can advise that once the documents are
identified and received, this section will need to review the material (and consider if a document can or needs to
be created as noted in your request), and then ultimately make a decision on your request. As the documents
have not yet been received by this section, we cannot advise at this stage how voluminous it may be. The
Department is unable to agree that a charges notice will not be applied nor can we provide an undertaking that
full access will provided in lieu of you agreeing to an extension of time.
Although we have asked for an extension of 30 days, we would welcome any extension you are agreeable with.
Kind Regards,
Information Law Team
Department of Veterans’ Affairs
E: [email address] | W: www.dva.gov.au
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxx@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.
-------------------------------------------------------------------
Document 6
FOIREQ18/00152 014
From:
FOIDR
To:
"INFORMATION.LAW"
Subject:
RQ18/02960 - Extension of time decision [SEC=UNCLASSIFIED]
Date:
Wednesday, 10 October 2018 3:55:00 PM
Attachments:
Extension of time decision - Letter to the Department.pdf
image001.jpg
image002.png
image003.png
image004.png
image005.png
Our reference: RQ18/02960
Your reference: FOI 24434
Ms Leia s 47F
Department of Veteran’s Affairs
By email: xxxxxxxxxxx.xxx@xxx.xxx.xx
Extension of time under s 15AB
Dear Ms s 47F
Please find the Office of the Australian Information Commissioner’s extension of time decision
attached.
Kind regards
Carl English | Assistant Review Officer
Freedom of Information Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001
| oaic.gov.au
+61 2 9284 9745
| +61 412 345 678
| xxxx.xxxxxxx@xxxx.xxx.xx
|
|
|
Subscribe to OAICnet newsletter
FOIREQ18/00152 016
Yours sincerely
Carl English
Assistant Review and Investigation Officer
Freedom of Information Dispute Resolution
10 October 2018
2
Document 8
FOIREQ18/00152 017
