PO Box 7820 Canberra BC ACT 2610
26 November 2021
Our reference: LEX 65102
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 (the agency) dated 27 October 2021 for access to
documents under the
Freedom of Information Act 1982 (FOI Act). You requested access to:
All documents contained within the file "Reviews and appeals 109-03000000" as listed
on this page - referred to as your "Operational Blueprint" portal:
https://operational.humanservices.gov.au/public/Pages/review-of-decision-and-
appeals/109-03000000-01.html This includes all three "tabs" on the page - "Background", "Process", "Training and
Support".
My decision
The agency holds one document relating to your request. I have decided to grant you
part access to this document, with some of the content removed.
I have decided parts of this document are exempt under the FOI Act because they contain
operational information, the disclosure of which 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.
Please Attachment A for the reasons for my decision.
How we will send the document to you
The document is attached.
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 the agency, or an external review
by the Office of the Australian Information Commissioner. See Attachment B for more
information about how to request a review.
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Further assistance
If you have any questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx. Yours sincerely
Philippa
Authorised FOI Decision Maker
Freedom of Information Team
Information Access Branch | Legal Services Division
Services Australia
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Attachment A
SCHEDULE OF DOCUMENTS FOR RELEASE
POSTY (Right to Know) - LEX 65102
Document
Pages
Description
Decision
FOI Act
Comments
Number
Exemption
1.
1 - 9
Operational Blueprint Reviews and appeals
Release in part
47E(d)
Information, if released, would or could
109-03000000
reasonably be expected to have a
substantial adverse effect on the proper
and efficient conduct of the operations of
the agency.
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REASONS FOR DECISION
What you requested
On 27 October 2021 you requested:
All documents contained within the file "Reviews and appeals 109-03000000" as listed
on this page - referred to as your "Operational Blueprint" portal:
https://operational.humanservices.gov.au/public/Pages/review-of-decision-and-
appeals/109-03000000-01.html This includes all three "tabs" on the page -
"Background", "Process", "Training and Support".
What I took into account
In reaching my decision I took into account:
your request dated 27 October 2021
the document falling within the scope of your request
whether the release of material is in the public interest
consultations with agency officers about the agency's operating environment and
functions, 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 parts of the document you have requested are exempt under the FOI Act.
Operations of the agency
I have applied the exemption in section 47E(d) of the FOI Act to parts of the document.
This section of the FOI Act allows the agency to redact material from a document if its
disclosure would have a serious or significant effect on the agency’s ability to conduct its
operations efficiently and properly.
The requested document contains a guide on the internal and external review processes for
decisions made by Centrelink. I am satisfied this information is relevant to the implementation,
delivery and management of a process administered by the agency, and therefore is relevant
to the conduct of the agency’s operations.
I consider providing the exempt material to you, which is not publicly available, would
negatively affect the conduct of the operations of the agency because it would enable
customers to circumvent processes relating to requesting reviews and appeals, or to tailor
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review applications for the purpose of obtaining a favourable decision. Furthermore, it is
reasonably likely that disclosure of the exempted information would allow individuals to
circumvent elements of the agency’s processes and arrange their affairs in a manner that
would al ow them to manipulate the agency’s processes to their own advantage.
This would in turn create a significant risk the agency would be unable to identify review and
appeal applications which should be rejected. Furthermore, in compromising the agency’s
ability to accurately assess and/or undertake reviews of decisions and provide appropriate
advice, the release of this information also has the potential to compromise numerous past
decisions made in respect of other individuals who have been through the review and appeals
process who did not have access to these internal processes.
While I have no reason to believe you would misuse the exempt material in this way,
the FOI Act does not control or restrict use or dissemination of the information once released
in response to an FOI request, so I must consider actions any member of the public might
take once the information enters the public domain.
Public interest considerations
Access to conditionally exempt material must be given unless I am satisfied it would not be in
the public interest to do so.
I consider the disclosure of the material would generally promote the objects of the FOI Act,
which is in the public interest. However, I also consider disclosure would increase the likelihood
individuals would use process information to circumvent or manipulate steps in appeals and
reviews of Centrelink decisions, and tailor their applications to receive a favourable decision.
This in turn would significantly prejudice the agency’s ability to promptly and effectively deliver
services to the Australian public.
As such, I find the public interest factors in favour of disclosing the material is outweighed by
the public interest factors against disclosure.
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.
I have deleted the exempt information in the documents and released the remaining material
in accordance with section 22(1) of the FOI Act.
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Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Asking for a full explanation of a Freedom of Information 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 Freedom of Information 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 (the agency), 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 agency 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 agency 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 Services
Australia decision on your FOI request
Include your contact details
Set out your reasons for objecting to the agency'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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