If not delivered return to PO Box 7820 Canberra BC ACT 2610
27 November 2018
Our reference: LEX 40973
Mr Benjamin Nolan
Right to Know
Only by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Nolan
Your Freedom of Information (FOI) Request - Consultation
I refer to your request, dated and received by the Department of Human Services
(
department) on 21 November 2018 for access under the
Freedom of Information Act 1982
(
FOI Act) to the following documents:
Number of ‘customers’ who have a disability indicator on their file.
Consultation – your request gives rise to a practical refusal reason
Currently, your request gives rise to a practical refusal reason, as your request does not
provide sufficient information as is reasonably necessary to enable the department to identify
the documents that you are requesting.
I am asking you to revise your request to give me more specific details about the documents
you are requesting.
For a more detailed explanation of what this means, see
Attachment A.
If you decide not to provide further information or revise your request, I will have to refuse
your freedom of information request as a 'practical refusal reason' exists.
How to send us a 'revised request'
Within the next 14 days (
consultation period) you must do one of the following, in writing:
withdraw the request;
make a revised request; or
advise that you do not want to revise your request.
Your response will be expected by the end of the consultation period.
If no response is received during the consultation period, your request will be taken to have
been withdrawn, pursuant to the operation of the FOI Act.
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The 14 day consultation period is not included in the initial 30 day processing period for your
request.
Contact officer
I am the contact officer for your request. During the consultation period you are welcome to
ask for my help in revising your request. You can contact me:
in writing to the address at the top of this letter; or
via email to xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
Note: When you contact us please quote the reference number
FOI LEX 40973.
Further Assistance
The following resources may be helpful to assist you in finding the information you are
seeking, without the need for a formal FOI request:
Department of Jobs and Small Business publishes a quarterly report on a range of
job seeker compliance data. This report identifies and breakdowns job seekers on
activity tested income support payments and has categorised them, including those
who are part of the employment service programme, Disability Employment Services.
You can find the report here:
https://www.jobs.gov.au/job-seeker-compliance-data;
The department publishes an Annual Report each year that outlines the department’s
Workplace Accessibility Plan 2016-19 and identifies the claims finalised for each
payment type, including Disability Support Pension. The Annual Report can be found
her
e: https://www.humanservices.gov.au/organisations/about-us/annual-reports;
If you have any questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Ellen
Authorised FOI Decision Maker
Freedom of Information Team
Employment Law and Freedom of Information Branch | Legal Services Division
Department of Human Services
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Department of Human Services
If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment A
What you requested
Number of ‘customers’ who have a disability indicator on their file.
What I took into account
Your request does not provide sufficient information to identify the documents you seek
Paragraph 3.54 of the FOI Guidelines provides:
If in doubt, the agency or minister should consult the applicant to discuss exactly what
documents are being requested.
Section 15(2)(b) of the FOI Act requires that an FOI request must provide such information
concerning the documents sought as is reasonably necessary to enable a reasonable officer
of the department to identify those documents.
As your request currently stands, it does not provide such information as is reasonably
necessary to enable the department to identify the documents that you are requesting.
Firstly, in your request the term ‘customers’ is unclear. I note that the department refers to
people who use the department’s services as ‘customers’, however it is unclear as to the
type of customer you are referring to. The department services customers across a number
of programs provided under the various spaces being, Medicare, Centrelink and Child
Support. As such it is unclear as to whether you are referring to a particular group of
customers (for example, Centrelink customers) who have identified as having a disability, or
whether you are referring to all the members of the community we service.
Secondly, the term ‘disability’ itself is unclear as the term could be interpreted to refer to any
condition which restricts a person’s mental, sensory or mobility function. It can be temporary
or permanent, it can be visible or invisible, and it may have a minimal or substantial impact
on a person’s abilities. Accordingly, it is not clear what type of disability you are referring to.
Thirdly, you have requested any documents which contain reference to the ‘number of
‘customers’ who have a disability indicator on their file.’ As this part of your request currently
stands, I am unsure as to what you might consider to be a ‘disability indicator.’ For example,
you might be referring to the department’s specific disability support program, being the
Disability Support Pension (
DSP). As such, you may be referring to customers who are
currently receiving or have been in receipt of DSP, or, alternatively, you may be referring to
all customers across the department’s programs who have been identified to have or have
had a disability, regardless of whether those customers are in receipt of DSP or whether the
disability is ongoing or temporary. Furthermore, the term ‘indicator’ could refer to any
mention of a disability on a customer’s file.
Final y, you have used the term ‘number’. Please note that the right of access under the FOI
Act is to existing documents, rather than to information. The FOI Act does not require the
department to create a new document in response to a request for access, except in limited
circumstances under section 17 of the FOI Act.
As such I am unable to process your request until I can identify the specific documents that
you are requesting. This is because whilst the FOI Act provides that you are entitled to
request access to any document held by an agency, some documents may be exempt from
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release. As a decision-maker I am unable to determine whether or not a document is exempt
prior to locating and reviewing the document.
Assistance to revise your request
You may wish to consider revising the scope of your request to clarify the issues set out
above by specifying:
the types of documents you seek;
a limited date range for your request; and
additional information as to what you mean by ‘customers’, ‘disability’, ‘disability
indicator’ and ‘number’.
Please note that, even if you do revise the terms of your request, a practical refusal reason
may remain if the terms of your revised request are still affected by any of the issues set out
above.
Relevant sections of the Freedom of Information Act 1982
Section 24AA(1)(b) of the FOI Act provides that a practical refusal reason exists in relation to
a request for a document if the request does not satisfy the requirement in section 15(2)(b) of
the FOI Act.
Section 15(2)(b) of the FOI Act provides that a request must provide such information as is
reasonably necessary to enable the agency to identify the documents that are being
requested.
Section 24AB(6) says that the applicant must, before the end of the consultation period, do
one of the following, by written notice to the agency or Minister:
withdraw the request,
make a revised request, or
indicate that the applicant does not wish to revise the request.
Section 24AB(7) of the FOI Act provides that the request is taken to have been withdrawn
under at the end of the consultation period if:
the applicant does not consult the contact person during the consultation period in
accordance with the notice, or
the applicant does not do one of the things mentioned in subsection (6) before the
end of the consultation period.
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Department of Human Services
