LEX 48671
Decision and Statement of reasons issued under the Freedom of
Information Act 1982
Decision and reason for decision of Sara (Position Number 62214764)
Information Access Unit, Client Access Rehabilitation Branch, Department of Veterans’ Affairs
Applicant:
Ms Julie A
Decision date:
26 April 2022
FOI reference number:
LEX 48671
Sent by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Julie,
Freedom of Information Request: LEX 48671
Decision
1. The Department of Veterans’ Affairs (
Department) has undertaken a reasonable search of its
records. I have decided to refuse access to your request, on the basis that relevant
documents do not exist.
Authority to make decision
2. I, Sara (Position Number 62214764), Information Access Officer, Information Access Unit, am
an officer authorised by the Secretary of the Department to make decisions about access to
documents in the possession of the Department in accordance with section 23(1) of the
FOI Act.
Summary
3. On 18 March 2022 you made a request for access to documents in the possession of the
Department. Your request sought access to:
“…The Dunt Report highlighted that High Needs Case Management Pilot established initial y to
process MRCA claims in Sydney by Veterans Affairs, where case officers had delegate powers (unlike
the current CCS model currently used by Veterans Affairs), proved successful in reducing incidents of
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distress and self harm among clients, but was discontinued by Veterans Affairs.
As a majority of veterans complain about Veterans Affairs siloed and disjointed One DVA model,
where cases criss-cross the country in their progression of their claims by supposedly specialised
areas, instead of a more personal one on one case manager approach as was used in the pilot
program it would be useful for our submission to the Royal Commission to look at why Veterans
Affairs discontinued such a successful program.
I'd therefore like to get copy of the documents that decide to discontinue that High Needs Case
Management Pilot that state the reasons why it was shuttered, in lieu of less effective and more
unpopular arrangements, as it doesn't make sense why a more inefficient and ineffective
arrangement was preferred by Veterans' Affairs instead.
For background the Dunt report described the program as fol ows:
The High Needs Case Management Pilot (HNCMP) program operated in 2007 as an initiative of the
DVA Sydney Office. It involved only that group of the DVA administering the MRCA scheme (that is to
say it operating one of the three Acts). Unlike the CLU, staff members did have delegation powers.
Three case managers each took on a caseload of 40 clients with multiple needs, as their single point
of contact with DVA. These case managers were very suitable, as they had both DVA assessor
background and health care provider experience.
An internal evaluation of the HNCMP was conducted based on Before (32 clients) and After (37
clients) surveys of the client group. It indicated that:
• A good or excellent rating of satisfaction with the level of service of the MRC group increased from
31% to 51%;
• An excellent rating of experience with staff increased by 30%;
• A satisfactory or easy rating for accessing information increased from 59.5% to
92%;
• Overall clients’ awareness of services had increased;
• Nearly half of the clients indicated that their level of service had increased;
• Many clients stil felt that their claims were not dealt with in a timely way;
• 72% of respondents had only one case manager;
• The level of complaints against MRCA group in the NSW branch of DVA
reduced from 27 to 13 per month.
While the Dunt report mentions that this successful program was shuttered by Veterans Affairs in
2008 on the sole ground that there were 'concerns about the impact on staff of working' in a direct
case manager role approach, this seems strangely il ogical given the success of the program and its
impact on the Department's clients, that in turn reduced the load on the agency as a whole.
This is especially since the alternate proposal adopted that 'it was proposed that all staff manage all
clients according to their needs' has been shown to be whol y ineffective, given those empowered to
make decisions are kept quarantined from client engagement.
So there must be something more than just this empty claim as to why a successful program was
binned…
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4. On 24 March 2022, the Department acknowledged your request via email.
5. On 11 April 2022, the Department sought an extension of time under section 15AA of the
FOI Act, on the basis that additional time was required to undertake further searches to
identify any documents within the scope of the request.
6. As no reply was received, the Department sought an extension of time under section 15AB
of the FOI Act. The Department is awaiting confirmation from the Office of the Australian
Information Commissioner regarding this extension. If granted, a decision on your request
will be due 18 May 2022.
Material taken into account
7. In accordance with section 26(1)(a) of the FOI Act, my findings on any material question of
fact, the material on which those findings were based and the reasons for my decision to
refuse access to documents follows.
8. I have taken the following material into account in making my decision.
the terms of your request;
the types of information and documents that are in the Department’s possession;
the content of the document that fal within the scope of your request;
Sections 3, 11 and 11A of the FOI Act which give the Australian community a legally
enforceable right to obtain access to information held by the Government of the
Commonwealth. I also considered the following provisions of the FOI Act relevant to
my decision:
- Section 15 Request for Access;
- Section 24A Requests may be refused if documents cannot be found, do not exist
or have not been received;
the Guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act (
FOI Guidelines).
9. A full extract of all FOI Act provisions used to make my decision are provided in
Schedule 2.
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Reasons for decision
10. I have decided to
refuse access to documents within the scope of your request in
accordance with the following provision in the FOI Act:
Requests may be refused if documents cannot be found, do not exist or have not been received
(section 24A)
11. Section 24A(1) of the FOI Act provides that an agency or Minister may refuse a request for
access to a document if:
a. al 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.
12. Your request seeks a “copy of the documents that decide to discontinue that High Needs
Case Management Pilot, that state the reasons why it was shuttered…”
13. I consulted with the fol owing relevant business areas of the Department in relation to your
request:
a. Client Benefits Division;
b. Veteran and Family Policy Division;
c. Mental Health and Wellbeing Services Division; and
d. Integrity, Information and Security Branch.
14. At the conclusion of this search process, no documents were located which meet the terms
of your request. On the advice provided by the relevant business areas, I am satisfied that no
documents exist in relation to your request.
15. For this reason, I am refusing your request for documents that decide to discontinue the
High Needs Case Management Pilot and reasons for its discontinuance in accordance with
section 24A(1)(b)(i ) of the FOI Act on the basis that the requested documents do not exist.
Information Publication Scheme
16. The Information Publication Scheme requires the Department to publish information
released in response to individual requests made under the FOI Act, except in specified
circumstances.
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17. I am of the view that details of your request should be made available on the Department’s
FOI Disclosure Log. As such, details of your request will be published on the Department’s
FOI Disclosure Log which can be accessed at
http://www.dva.gov.au/about-dva/freedom-
information/foi-disclosure-log. Please note that the Department does not publish details of
FOI applicants, it only publishes details of the FOI request and the documents released in
response to the request.
Your rights of review
18. If you are dissatisfied with my decision, you may apply for internal review or request the
Office of the Australian Information Commissioner (
OAIC) review my decision. We
encourage you to seek internal review as a first step to resolve any concerns you may have.
Internal review
19. Under section 54 of the FOI Act, you may apply in writing to the Department for an Internal
Review of my decision. The Internal Review application must be made within 30 days of the
date of this letter. Where possible please attach reasons why you believe review of the
decision is necessary. The internal review will be carried out by another officer within 30
days.
20. You can make your application for Internal Review in one of the following ways:
Post:
Information Access Unit,
Department of Veterans’ Affairs
GPO Box 9998, Brisbane QLD 4001
Email:
xxxxxxxxxxx.xxxxxx@xxx.xxx.xx
OAIC review
21. Under section 54L of the FOI Act, you may apply to the OAIC to review my decision. An
application for review by OAIC must be made in writing within 60 days of the date of this
letter, and be lodged in one of the fol owing ways:
Online:
www.oaic.gov.au
Post:
Director of FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218, Sydney NSW 2001
Facsimile:
(02) 9284 9666
Phone:
1300 363 992
Email:
xxxxx@xxxx.xxx.xx
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22. More information about your review rights under the FOI Act is available in Fact Sheet 12
published by the OAIC:
https://www.oaic.gov.au/freedom-of-information/reviews-and-
complaints/information-commissioner-review/
Contact us
23. If you wish to discuss this decision, please do not hesitate to contact the Information Access
Unit using the following details:
Online:
https://www.dva.gov.au/about-us/overview/reporting/freedom-
information/access-information
Post:
Information Access Unit
Department of Veterans’ Affairs
GPO Box 9998, Brisbane QLD 4001
Phone:
1800 838 372
Email:
xxxxxxxxxxx.xxxxxx@xxx.xxx.xx
Yours sincerely,
Sara (Position Number 62214764)
Information Access Officer
Information Access Unit
Client Rehabilitation Access Branch
Department of Veterans’ Affairs
26 April 2022
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LEX 48671
Schedule 2
Schedule of relevant provisions in the FOI Act
3
Objects—general
(1)
The objects of this Act are to give the Australian community access to information held by
the Government of the Commonwealth by:
(a)
requiring agencies to publish the information; and
(b)
providing for a right of access to documents.
(2)
The Parliament intends, by these objects, to promote Australia’s representative democracy
by contributing towards the fol owing:
(a)
increasing public participation in Government processes, with a view to promoting
better informed decision-making;
(b)
increasing scrutiny, discussion, comment and review of the Government’s
activities.
(3)
The Parliament also intends, by these objects, to increase recognition that information held
by the Government is to be managed for public purposes, and is a national resource.
(4)
The Parliament also intends that functions and powers given by this Act are to be
performed and exercised, as far as possible, to facilitate and promote public access to
information, promptly and at the lowest reasonable cost.
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Right of access
(1)
Subject to this Act, every person has a legally enforceable right to obtain access in
accordance with this Act to:
(a)
a document of an agency, other than an exempt document; or
(b)
an official document of a Minister, other than an exempt document.
(2)
Subject to this Act, a person’s right of access is not affected by:
(a)
any reasons the person gives for seeking access; or
(b)
the agency’s or Minister’s belief as to what are his or her reasons for seeking
access.
11A Access to documents on request
Scope
(1)
This section applies if:
(a)
a request is made by a person, in accordance with subsection 15(2), to an agency or
Minister for access to:
(i)
a document of the agency; or
(ii)
an official document of the Minister; and
(b)
any charge that, under the regulations, is required to be paid before access is given
has been paid.
(2)
This section applies subject to this Act.
Note:
Other provisions of this Act are relevant to decisions about access to documents, for example the fol owing:
(a)
section 12 (documents otherwise available);
(b)
section 13 (documents in national institutions);
(c)
section 15A (personnel records);
(d)
section 22 (access to edited copies with exempt or irrelevant matter deleted).
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Mandatory access—general rule
(3)
The agency or Minister must give the person access to the document in accordance with
this Act, subject to this section.
Exemptions and conditional exemptions
(4)
The agency or Minister is not required by this Act to give the person access to the
document at a particular time if, at that time, the document is an exempt document.
Note:
Access may be given to an exempt document apart from under this Act, whether or not in response to a request
(see section 3A (objects—information or documents otherwise accessible)).
(5)
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.
Note 1: Division 3 of Part IV provides for when a document is conditional y exempt.
Note 2: A conditional y exempt document is an exempt document if access to the document would, on balance, be
contrary to the public interest (see section 31B (exempt documents for the purposes of Part IV)).
Note 3: Section 11B deals with when it is contrary to the public interest to give a person access to the document.
(6)
Despite subsection (5), the agency or Minister is not required to give access to the
document at a particular time if, at that time, the document is both:
(a)
a conditional y exempt document; and
(b)
an exempt document:
(i)
under Division 2 of Part IV (exemptions); or
(ii)
within the meaning of paragraph (b) or (c) of the definition of exempt
document in subsection 4(1).
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Requests for access (as related to the requirements for requests)
Persons may request access
(1) Subject to section 15A, a person who wishes to obtain access to a document of an agency
or an official document of a Minister may request access to the document.
Requirements for request
(2)
The request must:
(a)
be in writing; and
(aa) state that the request is an application for the purposes of this Act; and
(b)
provide such information concerning the document as is reasonably necessary to
enable a responsible officer of the agency, or the Minister, to identify it; and
(c)
give details of how notices under this Act may be sent to the applicant (for
example, by providing an electronic address to which notices may be sent by
electronic communication).
(2A) The request must be sent to the agency or Minister. The request may be sent in any of the
following ways:
(a)
delivery to an officer of the agency, or a member of the staff of the Minister, at the
address of any central or regional office of the agency or Minister specified in a
current telephone directory;
(b)
postage by pre-paid post to an address mentioned in paragraph (a);
(c)
sending by electronic communication to an electronic address specified by the
agency or Minister.
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Decisions to be made by authorised persons
(1)
Subject to subsection (2), a decision in respect of a request made to an agency may be
made, on behalf of the agency, by the responsible Minister or the principal officer of the
agency or, subject to the regulations, by an officer of the agency acting within the scope of
authority exercisable by him or her in accordance with arrangements approved by the
responsible Minister or the principal officer of the agency.
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(2)
A decision in respect of a request made to a court, or made to a tribunal, authority or body
that is specified in Schedule 1, may be made on behalf of that court, tribunal, authority or
body by the principal officer of that court, tribunal, authority or body or, subject to the
regulations, by an officer of that court, tribunal, authority or body acting within the scope
of authority exercisable by him or her in accordance with arrangements approved by the
principal officer of that court, tribunal, authority or body.
24A
Requests may be refused if documents cannot be found, do not exist or have not been received
Document lost or non-existent
(1)
An
agency o
r Minister may refuse
a request for access to
a document if:
(a)
al reasonable steps have been taken to find th
e document; and
(b)
th
e agency or Minister is satisfied that th
e document:
(i)
is in the
agency's o
r Minister's possession but cannot be found; or
(ii)
does not exist.
Document not received as required by contract
(2)
An
agency may refuse
a request for access to
a document if:
(a)
in order to comply wit
h section 6C, th
e agency has taken contractual measures to
ensure that it receives th
e document; and
(b)
th
e agency has not received th
e document; and
(c)
th
e agency has taken all reasonable steps to receive the
document in accordance
with those contractual measures.
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Reasons and other particulars of decisions to be given
(1)
Where, in relation to a request, a decision is made relating to a refusal to grant access to a
document in accordance with the request or deferring provision of access to a document,
the decision-maker shall cause the applicant to be given notice in writing of the decision,
and the notice shall:
(a)
state the findings on any material questions of fact, referring to the material on
which those findings were based, and state the reasons for the decision; and
(aa)
in the case of a decision to refuse to give access to a conditionally exempt
document—include in those reasons the public interest factors taken into account
in making the decision; and
Note:
Access must general y be given to a conditional y exempt document unless it would be contrary to the public
interest (see section 11A).
(b)
where the decision relates to a document of an agency, state the name and
designation of the person giving the decision; and
(c)
give to the applicant appropriate information concerning:
(i)
his or her rights with respect to review of the decision;
(ii)
his or her rights to make a complaint to the Information Commissioner in
relation to the decision; and
(iii)
the procedure for the exercise of the rights referred to in subparagraphs (i)
and (ii); including (where applicable) particulars of the manner in which an
application for internal review (Part VI) and IC review (Part VII) may be
made.
(1A)
Section 13 of the Administrative Decisions (Judicial Review) Act 1977 does not apply to a
decision referred to in subsection (1).
(2)
A notice under this section is not required to contain any matter that is of such a nature
that its inclusion in a document of an agency would cause that document to be an exempt
document.
(see section 11A).
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Document Outline
