If not delivered return to PO Box 7820 Canberra BC ACT 2610
25 October 2019
Our reference: LEX 48559
Sam
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Sam
Your Freedom of Information Enquiry
I refer to your enquiry requesting access to information under the
Freedom of Information
Act 1982 (
FOI Act), received by Department of Human Services (
the department) on 22
October 2019 and made in the following terms:
‘Please settle the question regarding Aged Pension application and Income and
assets test forms that are composed of internal boxed sections and the inducement
to fill in those forms in all capitals [BLOCK LETTERS] and further to induce the
applicant to place a signature in a box. The application forms are defective as this
equates to signing a blank piece of paper pursuant to the application of the legal
principle defined as the "Four corners rule".
That your Department Officer [Secretary] produce proof that the application forms are
legal documents by proving that the four corners rule is of no legal effect and that the
law supports the notion of conscripting someone to fill in the forms or be denied
payment...
That your Department Secretary also provide an extract and/or copy of the Law that
supports forced submission of these application forms before payments are made...’
Your enquiry is not a valid FOI request
Having reviewed your enquiry, I do not consider that it currently meets the requirements of a
valid FOI request under the FOI Act. This is because the right of access under the FOI Act
provides for access to documents, not information.
Your enquiry does not clearly identify the documents you are seeking. Rather than
requesting access to a document held by the department, you have requested information
regarding Aged Pension forms.
As such, the purpose of this letter is to assist you in making a valid FOI request.
PAGE 1 OF 3
How to make a valid FOI request
If you would like to proceed with an FOI request, you should seek to make a valid request
addressed to the department.
To be considered valid, your request must:
1. be in writing;
2. state that it is an application for the purposes of the FOI Act. For example, ‘I would
like to make a request for documents for the purposes of the FOI Act’;
3. provide such information concerning the document/s you are requesting, as is
reasonably necessary to enable a reasonable officer of the department
to identify
the documents requested. In drafting the scope of your request you may wish to
consider:
a. identifying a timeframe for your request;
b. specifying the type of documents you are seeking (e.g.
Operational Blueprint
reference no. xxxxxxx or Documents outlining the department’s policy on
[subject]); and
c. specifying particular issues covering the documents you are seeking; and
4. give details of how we can correspond with you regarding your FOI request.
You can submit your request by post, email or you can attend a departmental office.
If you would like to proceed with a valid FOI request you can reply in writing to the following
addresses:
Reply by mail to:
o Department of Human Services, PO Box 7820, Canberra BC, ACT, 2610. No
stamp is required for this PO Box number.
Reply by e-mail to:
o
xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx.xx
Publicly Available Information
The information you are seeking may be publicly available.
The department publishes information about its various policies, programs and procedures
on its website, at the following link: https://www.humanservices.gov.au/
The department also publishes a list of its Operational Blueprints. You can review the
department’s Operational Blueprint files at the following link:
http://operational.humanservices.gov.au/public/Pages/SiteMap/siteMap.html
PAGE 2 OF 3 Department of Human
Services
Further assistance
If you have any questions please emai
l xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Nicole
Authorised FOI Decision Maker
Freedom of Information Team
Employment Law and Freedom of Information Branch | Legal Services Division
Department of Human Services
PAGE 3 OF 3 Department of Human
Services
