PO Box 7820 Canberra BC ACT 2610
22 August 2022
Our reference: LEX 69036
Mr Alex Pentland (Right to Know)
Only by email:
foi+request-9163-98b5cca2@right oknow.org.au
Dear Mr Pentland
Decision on your Freedom of Information Request
I refer to your request to the Department of Social Services (DSS) dated 21 July 2022, for
access under the
Freedom of Information Act 1982 (FOI Act) to the following documents:
The documents I seek access to are in reference to a trial that the current Minister For
Governments Services Bil Shorten has cancelled, as referred to here:
https:/ www.theguardian.com/australia-news/2022/jul/21/bil -shorten-intervenes-to-
remove-birthing-parent-from-medical-forms-amid-criticism-in-daily-telegraph
I seek access to the following:
(a)The Ministerial Instructions from the Minister to cease the use of the forms;
(b) Correspondence between the Minister's Office and the following Media Entities
regarding the Form:
(i) News Corporation/The Daily Telegraph,
(ii) Sunrise,
(iii) The Guardian,
(iv) SBS,
(v) ABC; and
(c) all documents presented to the Minister on the 20th of June, explaining the form (as
referred to here:
https://twitter.com/bil shortenmp/status/1549876339502485504)
With amendment
I would like to substitute Sunrise for Nine’s Today Show. I had intended to refer to
Today at first but slipped and confused the two similar morning shows. I hope this is
understandable and reasonable
On 2 August 2022, Services Australia (the agency) accepted partial transfer of your request
from the Department of Social Services under section 16 of the FOI Act. The agency is
processing the following parts of your request:
The documents I seek access to are in reference to a trial that the current Minister For
Governments Services Bil Shorten has cancelled, as referred to here:
https:/ www.theguardian.com/australia-news/2022/jul/21/bil -shorten-intervenes-to-
remove-birthing-parent-from-medical-forms-amid-criticism-in-daily-telegraph
PAGE 1 OF 6
I seek access to the following:
(a) The Ministerial Instructions from the Minister to cease the use of the forms; and
(c) all documents presented to the Minister on the 20th of June, explaining the form
(as referred to here:
https:/ twitter.com/bil shortenmp/status/1549876339502485504)
I note that where I refer to ‘your request’ in this decision, I am referring to that part of your
request dated 21 July 2022 that was transferred to the agency on 2 August 2022.
My decision
Following searches by the relevant business area most likely to hold documents relevant to
your request and consultation with that area, I have decided to refuse your request under
section 24A of the FOI Act on the basis that all reasonable steps have been taken to locate
the documents you have requested and I am satisfied they do not exist within the agency.
Please see At achment A for the reasons for my decision.
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 At achment B for more
information about how to request a review.
Further assistance
If you have any questions please ema
il xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Colette
Authorised FOI Decision Maker
Freedom of Information Team
Information Access Branch | Legal Services Division
Services Australia
PAGE 2 OF 6
Attachment A
REASONS FOR DECISION
What you requested
On 21 July 2022, you made a freedom of information request to DSS in the following terms:
The documents I seek access to are in reference to a trial that the current Minister For
Governments Services Bil Shorten has cancelled, as referred to here:
https:/ www.theguardian.com/australia-news/2022/jul/21/bil -shorten-intervenes-to-
remove-birthing-parent-from-medical-forms-amid-criticism-in-daily-telegraph
I seek access to the following:
(a)The Ministerial Instructions from the Minister to cease the use of the forms;
(b) Correspondence between the Minister's Office and the following Media Entities
regarding the Form:
(i) News Corporation/The Daily Telegraph,
(ii) Sunrise,
(i i) The Guardian,
(iv) SBS,
(v) ABC; and
(c) all documents presented to the Minister on the 20th of June, explaining the form (as
referred to here:
https://twitter.com/bil shortenmp/status/1549876339502485504)
With amendment
I would like to substitute Sunrise for Nine’s Today Show. I had intended to refer to
Today at first but slipped and confused the two similar morning shows. I hope this is
understandable and reasonable
On 2 August 2022, the agency accepted partial transfer of your request from DSS under
section 16 of the FOI Act for the following parts of your request:
The documents I seek access to are in reference to a trial that the current Minister For
Governments Services Bil Shorten has cancelled, as referred to here:
https:/ www.theguardian.com/australia-news/2022/jul/21/bil -shorten-intervenes-to-
remove-birthing-parent-from-medical-forms-amid-criticism-in-daily-telegraph
I seek access to the following:
(a) The Ministerial Instructions from the Minister to cease the use of the forms; and
(c) all documents presented to the Minister on the 20th of June, explaining the form
(as referred to here:
https:/ twitter.com/bil shortenmp/status/1549876339502485504)
Interpretation of the scope of part (c) of your request
In relation to part (c) of your request, the agency has determined the date referenced (being
20 June 2022) to be a typographical error, having regard to the additional material you have
referred to. Instead, we have taken this part of your request to be for:
(c) all documents presented to the Minister on the 20th of July, explaining the form (as
referred to here:
https://twitter.com/bil shortenmp/status/1549876339502485504)
PAGE 3 OF 6
What I took into account
In reaching my decision I took into account:
• your original request and amendment, both dated 21 July 2022
• consultations with agency officers about:
o identifying and locating the documents sought
o the nature of the documents (should they exist)
o the agency’s operating environment and functions
• guidelines issued by the Australian Information Commissioner under section 93A of
the FOI Act (Guidelines), and
• the FOI Act.
Reasons for my decisions
I am authorised to make decisions under section 23(1) of the FOI Act.
Section 24A of the FOI Act
Section 24A of the FOI Act permits an agency to refuse a request for access to a document if
all reasonable steps have been taken to find the document, and the agency is satisfied the
document cannot be found, or does not exist.
The Health and Veterans Division (Division) is the business area within the agency with
appropriate subject matter expertise to conduct searches for documents relevant to your
request.
The Division is responsible for the delivery of a number of health transformation initiatives,
including the Life Event Redesign - Birth of a Child Project.
Following a search of the agency’s electronic and hardcopy files, the Division did not identify
any documents that fall within the scope of your request. The Division advised it did not provide
any documents for presentation to the Minister on 20 July 2022, nor did it receive any written
instructions from Minister Shorten to cease use of the forms referenced in your request.
On the basis of these searches, I am satisfied that in accordance with section 24A of the FOI
Act:
1. all reasonable steps have been taken to locate the documents, and
2. the documents do not exist within the agency.
PAGE 4 OF 6
Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Asking for a ful 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 wil 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 stil believe a decision is incorrect, the 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 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 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, or
• 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 the agency 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.
PAGE 5 OF 6
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 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 agency’s
decision on your FOI request
• include your contact details, and
• 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.
PAGE 6 OF 6
Document Outline
