If not delivered return to PO Box 7820 Canberra BC ACT 2610
27 November 2020
Our reference: LEX 58707
Posty
Only by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Posty
Decision on your Freedom of Information Request
I refer to your request to Services Australia dated 24 September 2020, for access under the
Freedom of Information Act 1982 (the
FOI Act) to the following documents:
'I request, under the Freedom of Information Act 1982, copies of the following
documents:
All documents contained within the files on your "Operational Blueprint" portal:
Optical surveillance 110-11040000
(http://operational.humanservices.gov.au/public/Pages/compliance-and-reviews/110-
11040000-01.html) Requesting referral for optical surveillance 110-11040010
(http://operational.humanservices.gov.au/public/Pages/compliance-and-reviews/110-
11040010-01.html) Referring a case to a provider for optical surveillance 110-11040020
(http://operational.humanservices.gov.au/public/Pages/compliance-and-reviews/110-
11040020-01.html) Optical surveillance report received from provider 110-11040030
(http://operational.humanservices.gov.au/public/Pages/compliance-and-reviews/110-
11040030-01.html)'
My decision
Services Australia holds 4 documents (totalling 20 pages) that relate to your request.
I have decided to
refuse access to the documents.
I have decided that the documents are exempt under the FOI Act as disclosure would, or
could reasonably be expected to, have a substantial adverse effect on the proper and
efficient conduct of the operations of Services Australia and release is contrary to the public
interest (section 47E(d) conditional exemption).
Please see the schedule at
Attachment A to this letter for a detailed list of the documents
and the reasons for my decision, including the relevant sections of the FOI Act.
You can ask for a review of our decision
If you disagree with any part of 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.
PAGE 1 OF 8
Further assistance
If you have any questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Alexandra
Authorised FOI Decision Maker
Freedom of Information Team
Employment Law and FOI Branch | Legal Services Division
Services Australia
PAGE 2 OF 8
If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment A
SCHEDULE OF DOCUMENTS FOR RELEASE
Posty - LEX 58707
Doc
Pages
Date
Description
Decision
Exemption
Comments
No.
1.
1-
4
27 March 2020 Operational Blueprint ‘Optical
Exempt in full
s 47E(d)
Document refused in full under s 47E(d)
Surveillance 110-11040000’
operations of the agency
2.
5-
9
27 March 2020 Operational Blueprint
Exempt in full
s 47E(d)
Document refused in full under s 47E(d)
‘Requesting referral for optical
operations of the agency
surveillance 110-11040010’
3.
10
-15
27 March 2020 Operational Blueprint
Exempt in full
s 47E(d)
Document refused in full under s 47E(d)
‘Referring a case to a provider
operations of the agency
for optical surveillance 110-
11040020’
4.
16
-20
27 March 2020 Operational Blueprint ‘Optical
Exempt in full
s 47E(d)
Document refused in full under s 47E(d)
Surveillance report received
operations of the agency
from provider 110-11040030’
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If not delivered return to PO Box 7820 Canberra BC ACT 2610
REASONS FOR DECISION
What you requested
'I request, under the Freedom of Information Act 1982, copies of the following
documents:
All documents contained within the files on your "Operational Blueprint" portal:
Optical surveillance 110-11040000
(http://operational.humanservices.gov.au/public/Pages/compliance-and-reviews/110-
11040000-01.html) Requesting referral for optical surveillance 110-11040010
(http://operational.humanservices.gov.au/public/Pages/compliance-and-reviews/110-
11040010-01.html) Referring a case to a provider for optical surveillance 110-11040020
(http://operational.humanservices.gov.au/public/Pages/compliance-and-reviews/110-
11040020-01.html) Optical surveillance report received from provider 110-11040030
(http://operational.humanservices.gov.au/public/Pages/compliance-and-reviews/110-
11040030-01.html)'
What I took into account
In reaching my decision I took into account:
your request dated 24 September 2020;
the documents that fall within the scope of your request;
whether the release of material is in the public interest;
consultations with Services Australia officers about:
o the nature of the documents;
o Services Australia’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.
I have decided that all four documents that you requested are exempt under the FOI Act. My
findings of fact and reasons for deciding that the exemption applies to those documents are
discussed below.
Conditional Exemption - 47E(d) of the FOI Act
Section 47E(d) of the FOI Act provides that:
'A document is conditionally exempt if its disclosure under this Act would, or could
reasonably be expected to have a substantial adverse effect on the proper and
efficient conduct of the operations of an agency.'
PAGE 4 OF 8
Paragraph 6.101 of the FOI Guidelines explain:
‘For the grounds in ss 47E(a)–(d) to apply, the predicted effect needs to be
reasonably expected to occur. The term ‘could reasonably be expected’ is explained
in greater detail in Part 5. There must be more than merely an assumption or
allegation that damage may occur if the document were to be released.’
Paragraph 6.120 of the FOI Guidelines provides that:
An agency’s operations may not be substantially adversely affected if the disclosure
would, or could reasonably be expected to lead to a change in the agency’s
processes that would enable those processes to be more efficient.
Proper and efficient conduct of the operations of an agency
The documents contains investigative methods used by Services Australia to target fraud
and non-compliance. Services Australia has consulted with the Taskforce Integrity and Fraud
Investigation Branch who have advised that if these investigative methodologies are
released, this information could assist individuals to circumvent the procedures.
Any prejudice to the effectiveness of the operational methods and procedures used by
Services Australia when undertaking its compliance role would result in a substantial adverse
effect on the operations of Services Australia.
Further, the FOI Act does not control or restrict any subsequent use or dissemination of
information. Noting that the documents could well be released to a wide audience, Services
Australia considers that the release of the documents could reasonably be expected to
facilitate the large-scale circumvention or non-compliance with Services Australia’s
compliance activities.
I am satisfied that the disclosure of investigative methods would have a substantial adverse
effect on the proper and efficient conduct of Services Australia’s operations, and therefore,
this material is conditionally exempt under section 47E(d) of the FOI Act.
Public interest considerations
Section 11A(5) of the FOI Act provides the following:
'The agency or Minister must give the person access to the document if it is
conditionally exempt at a particular time unless (in the circumstances) access to the
document at that time would, on balance, be contrary to the public interest.'
When weighing up the public interest for and against disclosure under section 11A(5) of the
FOI Act, I have taken into account relevant factors in favour of disclosure. In particular, I
have considered the extent to which disclosure would promote the objects of the FOI Act in
the general sense.
I have also considered the relevant factors weighing against disclosure, indicating that
access would be contrary to the public interest. In particular, I have considered the extent to
which disclosure could reasonably be expected to:
increase the likelihood that customers will be able to circumvent Services
Australia’s fraud identification techniques; and
PAGE 5 OF 8
prejudice Services Australia’s ability to properly and efficiently conduct
compliance activities.
Based on these factors, I have decided that in the circumstances of this particular matter, the
public interest in disclosing the information in the documents is outweighed by the public
interest against disclosure. This is because I consider that there is a persuasive public
interest in ensuring that Services Australia can undertake efficient and effective compliance
activities.
I have not taken into account any of the irrelevant factors set out in section 11B(4) of the FOI
Act in making this decision.
Conclusion
I am satisfied that the documents are conditionally exempt under section 47E(d) of the FOI
Act. Furthermore, I have decided that on balance it would be contrary to the public interest to
release this information. Accordingly, I have decided not to release the documents to you.
PAGE 6 OF 8
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 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 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 Services Australia 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:
Online:
www.oaic.gov.au
PAGE 7 OF 8
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 Services
Australia decision on your FOI request
Include your contact details
Set out your reasons for objecting to Services 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
depart 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 8 OF 8
