If not delivered return to PO Box 7820 Canberra BC ACT 2610
24 September 2019
Our reference: LEX 46629
RK Crosby
Only by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear RK Crosby
Decision on your Freedom of Information Request
I refer to your request received by the Department of Human Services (
department) on
10 August 2019, for access under the
Freedom of Information Act 1982 (
FOI Act), made in the
following terms:
I would like to know how many people disabled by migraine are currently in receipt of
Disability Support Pension.
Please provide any document or documents that detail the number of people with Migraine
listed as their disability or illness, currently in receipt any Centrelink benefit, broken down
by type of benefit. If the document can indicate the percentage of DSP or Centrelink clients
affected by migraine, or if additional documents (such as the entire number of clients) can
be provided in order that we can calculate percentages, that would also be very useful.
If such a document does not exist, please provide any document you have (if any) that
indicates the prevalence of migraine among Centrelink clients.
Note I am only looking for numbers (in order to try and calculate fiscal impact of new
migraine prevention drugs currently being blocked by PBAC), not the personal details of
any Centrelink client.
My decision
The department has created one document under section 17 of the FOI Act that relates to
part of your request.
I have decided to grant you
full access to the document.
Please see
Attachment A for a schedule of the document being released.
For the part of your request for:
Please provide any document or documents that detail the number of people with
Migraine listed as their disability or illness, currently in receipt any Centrelink benefit,
broken down by type of benefit.
PAGE 1 OF 7
I have decided to refuse your request for access under section 24A of the FOI Act on the
basis that all reasonable steps have been taken to locate documents for this part of your
request, and I am satisfied that they do not exist. Please see
Attachment A for the reasons
for my decision.
How we will send your document to you
The document is attached.
Assessment of FOI processing charges
On 4 September 2019, the department notified you, pursuant to section 29 of the FOI Act, of
the preliminary assessment of charges in the amount of $45 (
preliminary charges). This
amount was based on an estimate of the time that would be involved to create a document in
discrete form, as per the FOI Act, and to process your request. The charge was calculated in
accordance with regulation 9 of the
Freedom of Information (Charges) Regulations 1982
(
Charges Regulations).
On 19 September 2019, the department received confirmation that the charge for LEX 46629
had been paid, in full.
In accordance with regulation 10 of the Charges Regulations, I have considered the actual
time taken to process the request to determine whether the preliminary charges ought to be
adjusted.
I have decided that the reconsidered charges are a fair and accurate reflection of the time
taken to create the document and process the request, and likely to be underestimate of the
time taken or charge that can be assessed under the Charges Regulations. On that basis, I
have decided not to adjust the charges, and have fixed the charges under regulation 10 of
the Charges Regulations.
You can ask for a review of our decision
If you disagree with any part of my decision you can ask for a review. There are two ways
you can do this. You can ask for an internal review from within the department or an
Australian Information Commissioner review. You do not have to pay for reviews of
decisions. See
Attachment B for more information about how to arrange a review.
Further assistance
If you have any FOI questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Robert
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
SCHEDULE OF DOCUMENTS FOR RELEASE
CROSBY, RK - LEX 46629
Doc
Pages
Date
Description
Decision
Comments
No.
1.
1
16/8/19
Number of Disability Support Pensioners with
Release in full
migraine provided as at least one of medical
conditions that was assessed and the percentage
of Disability Support Pensioners who have
migraine listed as a medical condition
PAGE 3 OF 7
If not delivered return to PO Box 7820 Canberra BC ACT 2610
REASONS FOR DECISION
What you requested
'I would like to know how many people disabled by migraine are currently in receipt of
Disability Support Pension.
Please provide any document or documents that detail the number of people with
Migraine listed as their disability or illness, currently in receipt any Centrelink benefit,
broken down by type of benefit. If the document can indicate the percentage of DSP or
Centrelink clients affected by migraine, or if additional documents (such as the entire
number of clients) can be provided in order that we can calculate percentages, that
would also be very useful.
If such a document does not exist, please provide any document you have (if any) that
indicates the prevalence of migraine among Centrelink clients.
Note I am only looking for numbers (in order to try and calculate fiscal impact of new
migraine prevention drugs currently being blocked by PBAC), not the personal details
of any Centrelink client'.
What I took into account
In reaching my decision I took into account:
your original request received on 10 August 2019;
document that falls within the scope of your request;
consultations with departmental officers about:
o the nature of the documents;
o the department's operating environment and functions;
guidelines issued by the Australian Information Commissioner under section 93A of
the FOI Act (
Guidelines); and
the FOI Act.
Reasons for my decisions
I am authorised to make decisions under section 23(1) of the FOI Act.
Section 24A of the FOI Act
Section 24A of the FOI Act provides that:
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency's or Minister's possession but cannot be found; or
(ii) does not exist.
PAGE 4 OF 7
For the part of your request for:
Please provide any document or documents that detail the number of people with
Migraine listed as their disability or illness, currently in receipt any Centrelink benefit,
broken down by type of benefit.
I have decided to refuse your request for access under section 24A of the FOI Act on the
basis that all reasonable steps have been taken to locate documents for this part of your
request, and I am satisfied that they do not exist.
It is possible that a person on a payment other than the Disability Support Pension (
DSP)
may have provided migraine as a condition, and this may be recorded on their customer
record. One example of this is having migraine included as a condition recorded in a medical
certificate provided as part of the Mutual Obligation Requirements for people receiving
Newstart Allowance or Youth Allowance, and some people receiving Parenting Payment and
Special Benefit. This information is not recorded in a form that would allow for the data to be
extracted and for a document to be readily created in a discrete form (i.e. like the data for
DSP provided in the document for release). I am satisfied that it is not practical for the
department to create a document that would list the number of people with a specific medical
illness divided by Centrelink payment type. There is also no existing document that contains
that information.
On the basis of the searches conducted and my discussions with relevant departmental
officers, I am satisfied that in accordance with section 24A of the FOI Act:
1. all reasonable steps have been taken to find the document for part of your request;
and
2. the document does not exist.
PAGE 5 OF 7
Department of Human Services
If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Asking for a full explanation of a freedom of information (FOI) decision
Before you ask for a formal review of a FOI decision, you can contact us to discuss your
request. We will explain the decision to you. This gives you a chance to correct
misunderstandings.
Asking for a formal review of a FOI decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (
FOI Act)
gives you the right to apply for a review of the decision. Under sections 54 and 54L of the
FOI Act, you can apply for a review of a FOI decision by:
1. an Internal Review Officer in the Department of Human Services (
department);
and/or
2. the Australian Information Commissioner.
Note 1: There are no fees for these reviews.
Applying for an internal review by an Internal Review Officer
If you apply for internal review, a different decision maker to the departmental delegate who
made the original decision will carry out the review. The Internal Review Officer will consider
all aspects of the original decision and decide whether it should change. An application for
internal review must be:
made in writing
made within 30 days of receiving this letter
sent to the address at the top of the first page of this letter.
Note 2: You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
If you do not receive a decision from an Internal Review Officer in the department within 30
days of applying, you can ask the Australian Information Commissioner for a review of the
original FOI decision.
You will have 60 days to apply in writing for a review by the Australian Information
Commissioner.
You can
lodge your application:
PAGE 6 OF 7
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Note 3: The Office of the Australian Information Commissioner generally prefers FOI
applicants to seek internal review before applying for external review by the Australian
Information Commissioner.
Important:
If you are applying online, the application form the 'Merits Review Form' is available
at
www.oaic.gov.au.
If you have one, you should include with your application a copy of the Department of
Human Services' decision on your FOI request
Include your contact details
Set out your reasons for objecting to the department's decision.
Complaints to the Australian Information Commissioner and Commonwealth
Ombudsman
Australian Information Commissioner
You may complain to the Australian Information Commissioner concerning action taken by
an agency in the exercise of powers or the performance of functions under the FOI Act.
There is no fee for making a complaint. A complaint to the Australian Information
Commissioner must be made in writing. The Australian Information Commissioner's contact
details are:
Telephone: 1300 363 992
Website:
www.oaic.gov.au Commonwealth Ombudsman
You may also complain to the Commonwealth Ombudsman concerning action taken by an
agency in the exercise of powers or the performance of functions under the FOI Act. There is
no fee for making a complaint. A complaint to the Commonwealth Ombudsman may be
made in person, by telephone or in writing. The Commonwealth Ombudsman's contact
details are:
Phone: 1300 362 072
Website:
www.ombudsman.gov.au
The Commonwealth Ombudsman generally prefers applicants to seek review before
complaining about a decision.
PAGE 7 OF 7
Department of Human Services
