If not delivered return to PO Box 7820 Canberra BC ACT 2610
10 January 2019
Our reference: LEX 41827
Emily Robinson
Right to Know
By email on
ly: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Ms Robinson
Your Freedom of Information (FOI) request – Consultation
I refer to your request, dated and received by the Department of Human Services
(
department) on 7 January 2019, for access under the
Freedom of Information Act 1982
(
FOI Act) in the following terms:
I am requesting access to operational information relating to vulnerability
indicators current as of the years 2010, 2011, 2012, and 2013.
Consultation – your request gives rise to a practical refusal reason
Currently, 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 revise your request in order to resolve the issues raised above, I will
have to refuse your request on the basis that one or more practical refusal reason still exists.
How to send us a 'revised request'
Before I make a final decision on your request, you can submit 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
tell me that you do not want to revise your request.
If you do not do one of these three things during the consultation period, your request will be
deemed to have been withdrawn by operation of the FOI Act.
See
Attachment A for relevant sections of the FOI Act.
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We have 30 days to notify you of our decision on your request, however, the time taken to
consult with you is not included in this 30 day time period.
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 41827.
Further assistance
If you have any questions please emai
l 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 I took into account
Your request does not provide sufficient information to identify the documents you seek
As your request is currently framed, it does not contain information concerning the
documents requested which is reasonably necessary to enable a responsible officer of the
department to identify the documents requested.
You have requested:
I am requesting access to operational information relating to vulnerability
indicators current as of the years 2010, 2011, 2012, and 2013.
Firstly, the term ‘operational information’ is broad and requires further specification. The term
could be interpreted to be for the following:
policies;
guidelines;
directives; or
procedures.
Additionally, ‘operational information’ could be interpreted to be for:
operational information provided to the department by another department (for
example Department of Social Services); or
operational information created by the department for internal departmental use.
Secondly, the use of the phrase, ‘relating to vulnerability indicators’ is unclear and does not
specify what documents you are requesting. Using the term ‘relating to’ is open to various
interpretations and requires the person conducting searches and the FOI Officer processing
the request to determine whether the document is sufficiently connected to be considered
within scope.
Thirdly, it is unclear what you have intended ‘vulnerability indicators’ to mean. This term
could be interpreted to mean ‘vulnerability indicators’ for Child Support, Centrelink or
Medicare. For example, ‘vulnerability indicators’ applied to those receiving a type of
Centrelink payment or Child Support customers who may be identified as requiring additional
support.
It is also unclear if your reference to ‘vulnerability indicators’ in your request is used to
identify that you are seeking operational information that uses the specific term ‘vulnerability
indicators’ or if this is used as a word to describe the type of operational information that you
are seeking. For example, information used to identify those customers who are requiring
additional support.
Fourthly, your reference to ‘current as of the years 2010, 2011, 2012, and 2013’ is unclear
and could be interpreted to mean the following:
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operational information that is current today, but was brought into existence in the
respective year; or
operational information that was current in the respective year but may longer be
current.
The use of your term ‘current’ requires additional explanation. This term ‘current’ could be
referring to the most recent operational information that was implemented in the specified
year, or could be referring to all relevant and applicable operational information for that year.
Please note that the unclear terms raised above are not exhaustive and other parts of the
request may give rise to one or more practical refusal reasons.
Having regard to the above, I am satisfied that you have not provided such information
concerning the documents as is reasonably necessary to enable a responsible officer to
identify the documents to which you are seeking access.
Assistance to revise your request
You may wish to consider revising the scope of your request to address the issues raised
above, for example:
additional information to specify the type of document you are requesting; and
additional information to specify what you mean by the identified terms that are
unclear.
Please note that, even if you provide the department with specific information that allows us
to identify the documents you are seeking, the request may still give rise to a practical refusal
reason if the revised scope remains too broad. You will need to take this into consideration
when revising the scope of your request.
The department does not undertake ‘part processing’ of an FOI request, meaning that, even
if some parts of your request were clear, the department cannot process any aspect of your
request if part of it remains unclear.
Further assistance
In the first instance, please look at the resources that are publicly available, these may assist
you in identifying the documents you are seeking.
Operational Blueprints
Operational Blueprints outline how departmental staff determine and deliver health, social
and welfare payments and services on behalf of the Australian Government. You can search
the publicly available Operational Blueprints here:
http://operational.humanservices.gov.au/public/home.html.
I have listed a number of Operational Blueprints to assist you to identify what type of
vulnerability documents you are seeking in your request:
http://operational.humanservices.gov.au/public/Pages/job-seekers/001-10050000-
01.html
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Department of Human Services
http://operational.humanservices.gov.au/public/Pages/payment-delivery/103-
01080040-05.html
http://operational.humanservices.gov.au/public/Pages/compliance-and-reviews/110-
06090050-01.html
http://operational.humanservices.gov.au/public/Pages/job-seekers/001-02020040-
01.html
The Department of Social Service’s Guide to Social Policy Law
If you have not already considered the Department of Social Security’s Guide to Social Policy
Law (
Guide). This Guide does provide information about different types of vulnerability
indicators for welfare recipients. The Guide is available to access here:
http://guides.dss.gov.au/guide-social-security-law.
Relevant sections of the Freedom of Information Act 1982
Section 15(2)(b) of the FOI Act provides that a request must provide such information as is
reasonably necessary to enable a responsible officer to identify the documents sought
Section 24AA(1)(b) of the FOI Act provides that a practical refusal reason exists in relation to
an FOI request if the request does not satisfy the requirements of section 15(2)(b) of the FOI
Act.
Section 24AB(6) provides 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 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
