PO Box 7820 Canberra BC ACT 2610
16 October 2019
Our reference: LEX 47669
Asher Hirsch
Only by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Asher
Decision on your Freedom of Information Request
I refer to your request, dated and received by the Department of Human Services
(
department) on 16 September 2019 for access under the
Freedom of Information Act
1982 (
FOI Act) to the following documents:
'On 16 September 2019 at 10:18am Centrelink's twitter account indicated that they
would 'pass on' feedback about no notice being provided for a scheduled
maintenance on Centrelink's online system.
The link to the twitter discussion can be found here:
https://twitter.com/Centrelink/status/1173390626810925057
I would like a copy of that feedback that was 'passed on', details of who such
feedback was sent to, and any such response or action that followed.'
My decision
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 the documents you have requested
and I am satisfied that they cannot be located or do not exist. Please see
Attachment A for
the reasons behind my decision.
You can ask for a review of our decision
If you disagree with the 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 external review by
the Office of the Australian Information Commissioner. You do not have to pay for reviews of
decisions. See
Attachment B for more information about how to arrange a review.
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Further assistance
If you have any 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
PO Box 7820 Canberra BC ACT 2610
Attachment A
REASONS FOR DECISION
What you requested
On 16 September 2019, you requested:
'On 16 September 2019 at 10:18am Centrelink's twitter account indicated that they
would 'pass on' feedback about no notice being provided for a scheduled
maintenance on Centrelink's online system.
The link to the twitter discussion can be found here:
https://twitter.com/Centrelink/status/1173390626810925057
I would like a copy of that feedback that was 'passed on', details of who such
feedback was sent to, and any such response or action that followed.'
What I took into account
In reaching my decision I took into account:
• your original request dated 16 September 2019;
• consultations with departmental officers about:
o the nature of the requested documents; and
o the department's operating environment and functions;
• guidelines issued by the Australian Information Commissioner under section 93A of
the FOI Act (the
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.
The Media Branch conducted searches to confirm your feedback was passed on to the
relevant business area, and that subsequent action was being considered or undertaken.
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No documents containing a copy of the feedback were located. This is due to feedback being
verbally conveyed to the External Communications Branch, rather than by email.
Conclusion
On the basis of the information provided/searches, I am satisfied that in accordance with
section 24A of the FOI Act:
1. all reasonable steps have been taken to find the documents; and
2. the documents cannot be located or do not exist.
Additional Information
Further investigations have verified that at 3:34pm on Friday 13 September 2019, the
department’s website was updated with information about the planned maintenance period.
The department has determined that the maintenance notification can be released to you
administratively. Accordingly, please find
attached a copy of the notification.
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Department of Human Services
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 an FOI decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (the
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 an FOI decision by:
1. an Internal Review Officer in the Department of Human Services (the
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.
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You can
lodge your application:
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.
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Department of Human Services
Document Outline
