If not delivered return to PO Box 7820 Canberra BC ACT 2610
23 May 2022
Our reference: LEX 67553
OpenWelfare
Only by email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Decision on your Freedom of Information Request
I refer to your request, received by Services Australia (the agency) on 21 April 2022 for access
under the
Freedom of Information Act 1982 (the FOI Act) to the following document:
'I request, under the Freedom of Information Act 1982, copies of the following
documents:
Ending Cashless Debit Card (CDC) participation 103-03150030 from your Operational
Blueprint.
I request that it be posted to your operational blueprint site for all to see if unredacted,
or if unable to be done a PDF to this right to know request'.
My decision
The agency holds one document (totalling 15 pages) that relates to your request.
I have decided to grant you
part access to the document (Document 1) with some of the
content removed.
I have decided that parts of Document 1 are exempt under the FOI Act, as they contain
information that, if released, could be expected to have a substantial adverse effect on the
proper and efficient conduct of the agency (section 47E(d)).
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.
How we will send the documents 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.
Further assistance
If you have any questions please email xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
PAGE 1 OF 8
Yours sincerely
Kylie
Authorised FOI Decision Maker
Freedom of Information Team
Information Access Branch | Legal Services Division
Services Australia
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REASONS FOR DECISION
What you requested
'I request, under the Freedom of Information Act 1982, copies of the following
documents:
Ending Cashless Debit Card (CDC) participation 103-03150030 from your Operational
Blueprint.
I request that it be posted to your operational blueprint site for all to see if unredacted,
or if unable to be done a PDF to this right to know request'.
What I took into account
In reaching my decision I took into account:
your request dated 21 April 2022
the document falling within the scope of your request
whether the release of material is in the public interest
consultations with agency officers about:
o the nature of the documents
o the agency'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 parts of the document you requested are exempt under the FOI Act. My
findings of fact and reasons for deciding that the exemption applies to the document are
discussed below.
Section 47E(d) of the FOI Act – Operations of the agency
I have applied the conditional exemption in section 47E(d) to parts of Document 1.
Section 47E(d) of the FOI Act provides:
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.
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Proper and efficient conduct of the operations of an agency
In
Re James and Australian National University (1984) 6 ALD 687 (Re James) the phrase
‘conduct of operations’ was interpreted to extend ‘to the way in which an agency discharges
or performs any of its functions.’
The document contains the current details of procedures and guidance relating to the Cashless
Debit Card program administered by the agency, and is clearly related to the conduct of the
agency’s operations.
Would disclosure of the information reasonably be expected to have a substantial adverse
effect on the proper and efficient conduct of operations of Services Australia?
Paragraph 5.20 of the Guidelines provides:
The term ‘substantial adverse effect’ broadly means ‘an adverse effect which is
sufficiently serious or significant to cause concern to a properly concerned reasonable
person’. The word ‘substantial’, taken in the context of substantial loss or damage, has
been interpreted as ‘loss or damage that is, in the circumstances, real or of substance
and not insubstantial or nominal’.
In Re James it was held the term ‘substantial adverse effect’ meant the effect had to be
‘serious’ or ‘significant’.
Further, paragraph 6.101 of the Guidelines provides:
…there must be more than merely an assumption or allegation that damage may occur
if the document were to be released.
The information to which this conditional exemption has been applied includes information
relating to:
exiting the program;
program triggers; and
considerations for discretionary decisions.
I consider that disclosure of the exempted material, which is not publicly available, has the
potential to enable individuals to circumvent the application of the procedures and instructions
to be followed by officers of the agency in determining whether a participant is eligible to end
their participation in the Cashless Debit Card (CDC) program.
As the FOI Act does not control or restrict subsequent use or dissemination of the information
once disclosed in response to an FOI request, I consider the release of the exempted material
could reasonably be expected to facilitate and/or promote broad circumvention of the
procedures for ending CDC participation, which would compromise the administration of the
CDC program.
For the reasons detailed above, I am satisfied certain operational information relating to the
CDC program is conditionally exempt under section 47E(d) of the FOI Act.
Public interest considerations
Section 11A(5) of the FOI Act provides:
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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 factors for and against disclosure under section 11A(5)
of the FOI Act, I have taken into account that disclosure may promote the objects of the FOI
Act.
I have also considered the relevant factors indicating 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 could use the information to circumvent
requirements of the CDC program;
prejudice Services Australia’s ability to properly and efficiently administer the CDC
program; and
prejudice the integrity of the CDC program.
Based on the above public interest factors, I find that any public interest in disclosing the
exempted parts of Document 1 is outweighed by the public interest against disclosure of the
exempted material. This is because I consider there is a persuasive public interest in ensuring
the agency is able to properly administer the CDC program to the Australian public.
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
In summary, I am satisfied that parts of Document 1 are conditionally exempt under section
47E(1) of the FOI Act. Furthermore, I have decided that on balance it would be contrary to the
public interest to release this information.
I have redacted the exempt information in the document and released the remaining material
in accordance with section 22(1) of the FOI Act. As identified in the Schedule, I have redacted
the exempt information in the document and released the remaining material in accordance
with section 22(1) of the FOI Act.
PAGE 6 OF 8
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.
You can
lodge your application:
PAGE 7 OF 8
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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