PO Box 7820 Canberra BC ACT 2610
9 April 2020
Our reference: LEX 53336
Mr Anatoly Kern (Right to Know)
Only by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Kern
Decision on your Freedom of Information Request
I refer to your request, dated 5 March 2020, and received by Services Australia (formerly
known as the Department of Human Services) on the same date, for access under the
Freedom of Information Act 1982 (
FOI Act) to the following documents:
'I am aware that Child Support department records separately critical incidents. I am
looking for the documents related to these records.’
My decision
I have decided to refuse your request under section 24(1) of the FOI Act because a 'practical
refusal reason' stil exists under section 24AA of the FOI Act. I am satisfied under
section 24AA(1)(b) that your request does not provide sufficient information to enable
Services Australia to identify the documents you are seeking, as required by section 15(2)(b)
of the FOI Act.
The reasons for my decision, including the relevant sections of the FOI Act, are set out in
Attachment A.
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 Services Australia, 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.
Further assistance
If you have any questions please ema
il xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Colette
Authorised FOI Decision Maker
Freedom of Information Team
Employment Law and FOI Branch | Legal Services Division
Services Australia
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PO Box 7820 Canberra BC ACT 2610
Attachment A
REASONS FOR DECISION
What you requested
'I am aware that Child Support department records separately critical incidents. I am
looking for the documents related to these records.’
What I took into account
In reaching my decision I took into account:
• your original request dated 5 March 2020;
• other correspondence with you on 18 March 2020, 19 March 2020 and
23 March 2020;
• consultations with Services Australia officers about:
o the nature of the requested documents; and
o Services Australia's operating environment and functions;
• guidelines issued by the Australian Information Commissioner under section 93A of
the FOI Act (
Guidelines); and
• the FOI Act.
Request consultation process
On 18 March 2020, I wrote to you providing a notice of intention to refuse your request under
section 24AB(2) of the FOI Act as your request did not clearly identify the documents you
were seeking access to. Due to a lack of clarity Services Australia suggested that you:
• clarify what the term ‘critical incidents’ is referring to in the context of this request (for
example, by confirming the specific type of critical event you are requesting
documents for);
• confirm whether you are seeking documents of ‘critical incidents’ generally, or just
documents which were created in relation to a ‘critical incident’ involving yourself;
• specify the types of documents you are requesting, for example reports on individual
‘critical incidents’, policy documents on ‘critical incidents’ generally or documents
notifying Child Support of a ‘critical incident’; and
• limit the date range of your request.
The section 24AB consultation notice gave you an opportunity to consult with Services
Australia to revise your request so as to remove the practical refusal reason.
On 19 March 2020, you responded to the section 24AB consultation notice, however your
response did not provide sufficient information to enable Services Australia to identify the
documents you are seeking
On 23 March 2020, Services Australia wrote to you informally seeking clarification from you
regarding the scope of our request. On the same day, you responded to the informal
PAGE 2 OF 5
consultation. Unfortunately your response did not provide sufficient clarification of your
request to enable Services Australia to identify the documents you are seeking.
Reasons for my decisions
I am authorised to make decisions under section 23(1) of the FOI Act.
Following the request consultation process undertaken in accordance with section 24AB of
the FOI Act, I am satisfied that a practical refusal reason stil exists in that you have not
provided sufficient information to identify the requested documents. The reasons for my
decision are outlined below.
Practical refusal reason
Section 24AA 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 (identification of documents).
Section 15(2)(b) of the FOI Act provides that a valid FOI request must:
'provide such information concerning the document as is reasonably necessary to
enable a responsible officer of the agency, or the Minister, to identify it'.
Why your request does not satisfy the requirement in section 15(2)(b)
Services Australia has refused your request under section 24 of the FOI Act on the basis that
the request is still unclear following consultation. Your clarification that the term ‘critical
incidents’ in the context of your request refers to the death of child support payers does not
assist Services Australia to sufficiently identify the documents you are seeking.
Child Support records the date of death for active cases (parents with an ongoing liability)
and ended cases with outstanding child support payable (such as paying parents with an
outstanding child support debt) on each customer’s individual Child Support record. This
information is not otherwise separately recorded by Services Australia.’
The phrase ‘documents related to these records’ is ambiguous and it is unclear whether the
documents you are seeking relate to the entire file of an individual deceased child support
customer, operational documents relating to how Services Australia records the death on a
deceased customer’s record, or documents notifying Child Support of the death of the death
of a child support customer.
Conclusion
In summary, I am satisfied that your request does not satisfy the requirement in
section 15(2)(b) of the FOI Act, in that it does not provide sufficient information to enable
Services Australia to identify the documents you are seeking.
I have found that a practical refusal reason exists in relation to your request for access to the
documents. Accordingly I have decided to refuse your request under section 24(1) of the FOI
Act.
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PO Box 7820 Canberra BC ACT 2610
Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Asking for a ful 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 wil 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 (
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 Services Australia; 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 Services Australia delegate
who made the original decision wil carry out the review. The Internal Review Officer wil
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 fil 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 Services Australia within
30 days of applying, you can ask the Australian Information Commissioner for a review of the
original FOI decision.
You wil have 60 days to apply in writing for a review by the Australian Information
Commissioner.
You can
lodge your application:
PAGE 4 OF 5
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Note 3: The Of ice 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 Services
Australia decision on your FOI request
• Include your contact details
• Set out your reasons for objecting to Sevices Australia'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 5 OF 5
Document Outline
