Frank N Fearless

Dear Services Australia,

I wish to request:

1. The internal report or document modelling the Agency's ongoing staffing requirements. I am referring to the modelling created 'in the budget context' and referred to by your CEO in the Budget Estimates hearing on the 3rd of June.

2. Any report or summary outputs (powerpoints) produced by Korda Mentha when they were engaged to independently review the performance of the Agency prior to this year's budget.

Yours faithfully,

Frank N Fearless

FREEDOMOFINFORMATION, Services Australia

Thank you for contacting the Freedom of Information (FOI) team in Services
Australia (the Agency).

 

This email acknowledges your correspondence and provides some general
information in relation to FOI.

 

Administrative release of documents   

The Agency has administrative access arrangements ('the arrangements') for
the release of certain documents without the need for a formal FOI
request. If you agree to the release of documents under these
arrangements, we may provide you with documents under the arrangements,
where appropriate.  

 

Any parts of your FOI request that are addressed by documents being
released under the arrangements will be considered withdrawn. The
arrangements do not extend to information or materials of third parties.
You will be notified when documents are released to you under the
arrangements. 

 

Personal information of Agency staff 

We consider staff details to be personal information of those staff
members. As part of the FOI application process, we will seek your consent
to exclude the following information from documents that may be captured
by your request:  

* names of Services Australia staff below the Senior Executive level
(junior staff) 
* direct staff telephone numbers, signatures, logon identifiers and
email addresses. 

 

If you consent to exclude this information, we will treat it as outside
the scope of your request and therefore irrelevant under Section 22 of the
FOI Act. 

 

Charges 

No charge is payable for providing a person with their own personal
information.
If you are requesting non-personal information the Agency will advise you
as soon as practicable if a charge is payable to process your request, and
the amount of any such charge. 

 

How we will send documents to you 

Unless you have requested to receive correspondence and documents relating
to your FOI request via post we will communicate with you via this email
address. Some documents may be too large to send to you via email. If
applicable, we will seek your consent to provide the requested documents
to you electronically via a secure file sharing platform. Please advise us
as soon as possible if you wish correspondence or documents to be sent to
another address, or if your email address changes. 

 

How long do I have to wait? 

We are required to answer your request within 30 days unless the time
frame is extended under the FOI Act.  

show quoted sections

FREEDOMOFINFORMATION, Services Australia

Our reference: LEX ID 79938

 

 

Dear Frank N Fearless

 

Acknowledgement of your Freedom of Information Request

 

I refer to your request for access to documents under the Freedom of
Information Act 1982 (the FOI Act). You requested access to:

 1. The internal report or document modelling the Agency's ongoing
staffing requirements. I am referring to the modelling created 'in the
budget context' and referred to by your CEO in the Budget Estimates
hearing on the 3rd of June.
 2. Any report or summary outputs (powerpoints) produced by Korda Mentha
when they were engaged to independently review the performance of the
Agency prior to this year's budget.

Your request was received by Services Australia (the Agency) on 4 June
2024 and the 30 day statutory period for processing your request commenced
from the day after that date. You should therefore expect a decision from
us by 4 July 2024. The period of 30 days may be extended if we need to
consult third parties or for other reasons. We will advise you if this
happens.

Administrative Release of Documents

 

The Agency has administrative access arrangements ('the arrangements') for
the release of certain documents without the need for a formal FOI
request. If you agree to the release of documents under these
arrangements, we may provide you with documents under the arrangements,
where appropriate.

 

Any parts of your FOI request that are addressed by documents being
released under the arrangements will be considered withdrawn. The
arrangements do not extend to information or materials of third parties.
You will be notified when documents are released to you under the
arrangements.

 

Disclosure Log

 

Please note information released under the FOI Act may be published in a
disclosure log on the agency's website. Section 11C of the FOI Act
requires this publication, however it is subject to certain exceptions,
including where publication of personal, business, professional or
commercial information would be unreasonable.

 

Personal information of Agency staff

 

We consider staff details to be personal information of those staff
members. As part of the FOI application process, we will seek your consent
to exclude the following information from documents that may be captured
by your request:

 

o names of Services Australia staff below the Senior Executive level
(junior staff)
o direct staff telephone numbers, signatures, logon identifiers and
email addresses.

 

If you consent to exclude this information, we will treat it as outside
the scope of your request and therefore irrelevant under Section 22 of the
FOI Act.

 

Charges

 

No charge is payable for providing a person with their own personal
information. If you are requesting non-personal information the Agency
will advise you as soon as practicable if a charge is payable to process
your request, and the amount of any such charge.

 

How we will send documents to you

 

Unless you have requested to receive correspondence and documents relating
to your FOI request via post we will communicate with you via this email
address. Some documents may be too large to send to you via email. If
applicable we will seek your consent to provide the requested documents to
you electronically via a secure file sharing platform. Please advise us as
soon as possible if you wish correspondence or documents to be sent to
another address, or if your email address changes.

 

Action

 

Please advise whether you consent to the removal of junior staff details
as described above, under section 22 of the FOI by responding to this
email with “I agree to remove staff details”.

 

In addition, please advise whether you agree to receive documents where
appropriate under the arrangements by responding to this email with “I
agree to receive documents under the administrative arrangements”.

 

A response by close of business 17 June 2024 would be appreciated.

 

Further assistance

If you have any questions please email
[1][Services Australia request email]

 

Yours sincerely

 

Cherie

FOI Officer

Freedom of Information Team

FOI and Reviews Branch | Legal Services Division

Services Australia

 

show quoted sections

References

Visible links
1. mailto:[Services Australia request email]

FREEDOMOFINFORMATION, Services Australia

1 Attachment

Dear Frank N Fearless

 

I am writing in regards to your Freedom of Information request to Services
Australia (the Agency).

 

The Agency has identified that we will not be in a position to notify you
of the decision by the current due date of 4 July 2024. On this basis, we
respectfully request an additional 21 day extension of time to process
this request. The effect of the extension would mean the new decision due
date would be 25 July 2024. If we are able to process your request and
provide you with a decision before this date, we will do so.

 

If you agree with this extension of time, we would appreciate if you could
please respond to this email stating ‘I agree’ by close of business 24
June 2024.

 

Note: If a decision is not notified to you within time, your request will
be deemed to be refused by operation of the FOI Act. The Agency will still
continue to process your request as a Statement of Reasons, however you
will unfortunately lose your internal review rights. Our objective for
this extension of time is to ensure the decision and documents relevant to
your request are released on time under the FOI Act, thus ensuring your
internal review rights are maintained.

 

Thank you for your patience and understanding as we process your request.

 

Kind regards,

 

Cherie
Senior FOI Officer

Freedom of Information & Reviews Branch, Legal Services Division

[1]Visual brand element showing Services Australia progress symbol to left
with Services Australia wording to the right of the symbol. Underneath is
servicesaustralia.gov.au and icons representing our social media accounts.
To follow us on social media go to servicesaustralia.gov.au/socialmedia
Aligning the bottom of the signature block is the Services Australia
indigenous artwork strip consisting of cultural elements depicting our
agency’s progress story for First Nations people.

 

Services Australia acknowledges the Traditional Custodians of the lands we
live on. We pay our respects to all Elders, past and present, of all
Aboriginal and Torres Strait Islander nations.

 

 

show quoted sections

References

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Frank N Fearless

Dear FREEDOMOFINFORMATION,

I must politely refuse my consent to an extension. I was disappointed to see deemed refusal raised as what would occur if I do not consent. I was also disappointed by the absence of grounds explaining the need for extra timers

If this is complex, the agency can and should have recourse to OAIC extension under section15AB.

It can also apply under section 15AC if things are let drift into deemed refusal.

As constructive feedback, I’d ask that Services Australia communicate all relevant aspects of the statutory framework when discussing extensions with requestors. If it has a policy of not availing itself of section 15AC, that should be openly declared.

Yours sincerely,

Frank N Fearless

FREEDOMOFINFORMATION, Services Australia

Thank you for contacting the Freedom of Information (FOI) team in Services
Australia (the Agency).

 

This email acknowledges your correspondence and provides some general
information in relation to FOI.

 

Administrative release of documents   

The Agency has administrative access arrangements ('the arrangements') for
the release of certain documents without the need for a formal FOI
request. If you agree to the release of documents under these
arrangements, we may provide you with documents under the arrangements,
where appropriate.  

 

Any parts of your FOI request that are addressed by documents being
released under the arrangements will be considered withdrawn. The
arrangements do not extend to information or materials of third parties.
You will be notified when documents are released to you under the
arrangements. 

 

Personal information of Agency staff 

We consider staff details to be personal information of those staff
members. As part of the FOI application process, we will seek your consent
to exclude the following information from documents that may be captured
by your request:  

* names of Services Australia staff below the Senior Executive level
(junior staff) 
* direct staff telephone numbers, signatures, logon identifiers and
email addresses. 

 

If you consent to exclude this information, we will treat it as outside
the scope of your request and therefore irrelevant under Section 22 of the
FOI Act. 

 

Charges 

No charge is payable for providing a person with their own personal
information.
If you are requesting non-personal information the Agency will advise you
as soon as practicable if a charge is payable to process your request, and
the amount of any such charge. 

 

How we will send documents to you 

Unless you have requested to receive correspondence and documents relating
to your FOI request via post we will communicate with you via this email
address. Some documents may be too large to send to you via email. If
applicable, we will seek your consent to provide the requested documents
to you electronically via a secure file sharing platform. Please advise us
as soon as possible if you wish correspondence or documents to be sent to
another address, or if your email address changes. 

 

How long do I have to wait? 

We are required to answer your request within 30 days unless the time
frame is extended under the FOI Act.  

show quoted sections

FREEDOMOFINFORMATION, Services Australia

1 Attachment

Dear Frank N Fearless

 

Thank you for your email.

 

I can confirm that I am currently reviewing the documents provided by the
relevant business area in relation to your request. Additionally, it has
been identified that the documents may contain cabinet material. This
therefore requires a consultation with the Department of Prime Minister
and Cabinet to determine if an exemption under section 34 of the FOI Act
is applicable to some or all of the material within scope of your request.

 

The request for additional time is to review the documents, consult with
the Department of Prime Minister and Cabinet and then make a decision on
release.

 

As you have declined the extension of time requested under section 15AA, I
will proceed with seeking extension from the Office of the Australian
Information Commissioner (OAIC) under section 15AB of the FOI Act.

 

If you have any questions, please respond to this email.

 

Thank you.

 

 

Kind regards,

 

Cherie
Senior FOI Officer

Freedom of Information & Reviews Branch, Legal Services Division

[1]Visual brand element showing Services Australia progress symbol to left
with Services Australia wording to the right of the symbol. Underneath is
servicesaustralia.gov.au and icons representing our social media accounts.
To follow us on social media go to servicesaustralia.gov.au/socialmedia
Aligning the bottom of the signature block is the Services Australia
indigenous artwork strip consisting of cultural elements depicting our
agency’s progress story for First Nations people.

 

Services Australia acknowledges the Traditional Custodians of the lands we
live on. We pay our respects to all Elders, past and present, of all
Aboriginal and Torres Strait Islander nations.

 

 

show quoted sections

References

Visible links

OAIC - FOI DR,

4 Attachments

Our reference: RQ24/02518

 Agency reference: LEX 79938

 

Agency Name: Services Australia

Applicant Name: Right to Know, Frank N Fearless

 

Extension of time under s 15AB

 

Dear Parties,  

 

Please find attached an extension of time decision relating to Right to
Know, Frank N Fearless FOI request with Services Australia.  

 

A copy has been sent to the applicant. 

 

 

Kind regards,

 

[1][IMG]   Sussan Jraijiri

Review Adviser

Office of the Australian Information Commissioner

GPO Box 5288 Sydney NSW 2001

P: 1300 363 992 E: [2][email address]
 

Please note: The OAIC will be revising its IC review procedures commencing
1 July 2024. For more information about these revised procedures,
including new resources to assist applicants and respondents, see our
webpage: [3]Upcoming changes to Information Commissioner review procedure
directions
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.  

 

[4]Subscribe to Information Matters

 

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. https://www.oaic.gov.au/
2. mailto:[email address]
3. https://www.oaic.gov.au/freedom-of-infor...
4. https://www.oaic.gov.au/engage-with-us/n...

OAIC - FOI DR,

4 Attachments

Our reference: RQ24/02518

 Agency reference: LEX 79938

 

Agency Name: Services Australia

Applicant Name: Right to Know, Frank N Fearless

 

Extension of time under s 15AB

 

 

Dear Cherie,

 

Apologies for not checking the date before deciding on the extension.

 

As the 30 days ends on the weekend, yes as per our guidelines below, the
due date will be the next business day, making the due date 5 August 2024.

 

The processing period refers to calendar days, not business (working)
days. This will include any public holidays that fall within the
processing period.[1]^[77] If the last day for notifying a decision falls
on a Saturday, Sunday or a public holiday, the timeframe will expire on
the first business day following that day.[2]^[78] The 30-day processing
period does not include:

· the time that an agency may take in a request consultation process to
decide if a practical refusal reason exists (s 24AB(8))

· the time elapsing between an applicant being notified that a charge is
payable and either the applicant paying the charge (or a deposit on
account of the charge) or the agency varying the decision that a charge is
payable (s 31).

 

Please let me know if anyone has any queries.

 

Kind regards,

 

[3][IMG]   Sussan Jraijiri

Review Adviser

Office of the Australian Information Commissioner

GPO Box 5288 Sydney NSW 2001

P: 1300 363 992 E: [4][email address]
 

Please note: The OAIC will be revising its IC review procedures commencing
1 July 2024. For more information about these revised procedures,
including new resources to assist applicants and respondents, see our
webpage: [5]Upcoming changes to Information Commissioner review procedure
directions
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.  

 

[6]Subscribe to Information Matters

 

 

From: FREEDOMOFINFORMATION <[Services Australia request email]>
Sent: Friday, June 28, 2024 3:42 PM
To: OAIC - FOI DR <[email address]>
Cc: FREEDOMOFINFORMATION <[Services Australia request email]>
Subject: FW: OAIC RQ24/02518 - Extension of time under s 15AB - Agency
reference: LEX 79938 [SEC=OFFICIAL]

 

CAUTION: This email originated from outside of the organisation. Do not click
links or open attachments unless you recognise the sender and know the content
is safe.

 

Dear Sussan

 

Thank you for your email and decision on the extension of time.

 

I note the decision refers to the new due date for notification being 3
August 2024. However, as this falls on a Saturday, I would like to confirm
if OAIC has any concerns with notification on the following business day
(Monday 5 August 2024).

 

Please clarify this at your earliest convenience. If notification on 5
August 2024 is permissible, we ask that OAIC communicates this to the FOI
Applicant for visibility.

 

Thank you.

 

Kind regards,

 

Cherie
Senior FOI Officer

Freedom of Information & Reviews Branch, Legal Services Division

[7]Visual brand element showing Services Australia progress symbol to left
with Services Australia wording to the right of the symbol. Underneath is
servicesaustralia.gov.au and icons representing our social media accounts.
To follow us on social media go to servicesaustralia.gov.au/socialmedia
Aligning the bottom of the signature block is the Services Australia
indigenous artwork strip consisting of cultural elements depicting our
agency’s progress story for First Nations people.

 

Services Australia acknowledges the Traditional Custodians of the lands we
live on. We pay our respects to all Elders, past and present, of all
Aboriginal and Torres Strait Islander nations.

 

 

From: OAIC - FOI DR <[8][email address]>
Sent: Friday, June 28, 2024 12:05 PM
To: FREEDOMOFINFORMATION
<[9][Services Australia request email]>
Cc: [10][FOI #11485 email]
Subject: OAIC RQ24/02518 - Extension of time under s 15AB - Agency
reference: LEX 79938 [SEC=OFFICIAL]

 

 

+------------------------------------------------------------------------+
|Caution: Do not click any links or open any attachments unless you trust|
|the sender and believe the content to be safe. |
+------------------------------------------------------------------------+

 

Our reference: RQ24/02518

 Agency reference: LEX 79938

 

Agency Name: Services Australia

Applicant Name: Right to Know, Frank N Fearless

 

Extension of time under s 15AB

 

Dear Parties,  

 

Please find attached an extension of time decision relating to Right to
Know, Frank N Fearless FOI request with Services Australia.  

 

A copy has been sent to the applicant. 

 

 

Kind regards,

 

[11][IMG]   Sussan Jraijiri

Review Adviser

Office of the Australian Information Commissioner

GPO Box 5288 Sydney NSW 2001

P: 1300 363 992 E: [12][email address]
 

Please note: The OAIC will be revising its IC review procedures commencing
1 July 2024. For more information about these revised procedures,
including new resources to assist applicants and respondents, see our
webpage: [13]Upcoming changes to Information Commissioner review procedure
directions
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.  

 

[14]Subscribe to Information Matters

 

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

show quoted sections

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. https://www.oaic.gov.au/freedom-of-infor...
2. https://www.oaic.gov.au/freedom-of-infor...
3. https://www.oaic.gov.au/
4. mailto:[email address]
5. https://www.oaic.gov.au/freedom-of-infor...
6. https://www.oaic.gov.au/engage-with-us/n...
8. mailto:[email address]
9. mailto:[Services Australia request email]
10. mailto:[FOI #11485 email]
11. https://www.oaic.gov.au/
12. mailto:[email address]
13. https://www.oaic.gov.au/freedom-of-infor...
14. https://www.oaic.gov.au/engage-with-us/n...

FREEDOMOFINFORMATION, Services Australia

2 Attachments

Dear Frank N Fearless

 

Please find attached the decision letter relating to your request for
access to documents held by Services Australia.

 

 

Kind regards,

 

Cherie
Senior FOI Officer

Freedom of Information & Reviews Branch, Legal Services Division

[1]Visual brand element showing Services Australia progress symbol to left
with Services Australia wording to the right of the symbol. Underneath is
servicesaustralia.gov.au and icons representing our social media accounts.
To follow us on social media go to servicesaustralia.gov.au/socialmedia
Aligning the bottom of the signature block is the Services Australia
indigenous artwork strip consisting of cultural elements depicting our
agency’s progress story for First Nations people.

 

Services Australia acknowledges the Traditional Custodians of the lands we
live on. We pay our respects to all Elders, past and present, of all
Aboriginal and Torres Strait Islander nations.

 

 

 

show quoted sections

References

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Dear Services Australia,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Services Australia's handling of my FOI request 'Benchmarking of Ongoing Staff Needs'.

The request relates to one of the most significant public policy issues in the social security system: how we tackle delays and ensure an adequately staffed Services Australia. This is of enormous public interest and has regularly been front page news this year. The consultants who prepared these documents themselves noted they were the driving reason, evidence base and logic for recent government decisions. https://kordamentha.com/experience/indep...

Despite this every single line of all 9 documents was refused to me.

The first set of documents - the 'interim findings' of the consultancy - were entirely redacted on the basis of the deliberative material exemption. The generality of reasoning contained in the decision borders on a class claim, and is not sufficiently concrete to discharge the department's onus of justifying non disclosure. As a conditional exemption Section 47C was not intended to function in such a manner, and closer public interest reasoning should be supplied. The public interest in these documents is enormous:

1. These findings are likely to include core and initial diagnosis of flaws within the Services Australia. They will discuss where improvements and efficiencies may be found by current and future governments. They represent a first principles evaluation of servicing levels - the objective life blood of an improved and informed public debate.
2. The report has been linked to the implementation of the Robodebt Royal Commission by the Minister and the Agency. Few things more important given the report's focus on vulnerability.
3. The recent, damning report of the National Audit Office into Timelineness and Accuracy pointed to the dire need to uplift service levels and KPIs within Services Australia. This review represents the foundation stone of a response and the public have a right to see it.
4. The issue of staffing has been of significant public interest throughout the year. Indeed, two senators have had their requests for some of these documents rejected in the last estimates round.
5. Disclosure of the document will not involve significant harm and fits the reality that consultancy reports in areas like technology, disability support pension, are regularly released. Independent and professional reviewers are not easily cowed or affected by the possibility of disclosure. And powerful benefits to public debate will flow from release. As the Victorian information commissioner recently found in 'FD2' and Department of Justice and Community Safety (Freedom of Information) [2023] VICmr 37; (3 May 2023)

"I consider there is a strong public interest in the community being better informed about and able to publicly scrutinise the way in which the Agency carries out its functions. This includes the advice the Agency provides to Ministers and its deliberative, consultative and decision making processes.
The recent Royal Commission into the Robodebt Scheme has put into sharp focus the need for greater transparency and scrutiny in relation to the record keeping, decision making, advice, and integrity of the public sector and its employees at all levels of the public service."

Something for Services Australia, in particular, to take on board. Particularly given the specific role evasive design, framing and non-publication of a consultancy work played in the robodebt debacle.

These documents powerfully connect with the transparency objects of the FOI Act. Yet the decision, disappears all this simply parroting a pro forma bullet point list. That is not active intellectual consideration of relevant statutory factors.

In relation to the documents over which the cabinet document has been claimed, there are some flaws. In no particular order:

Firstly, I note that, in Warren v Services Australia [2019] AICmr 70 (11 November 2019) at [66], the Information Commissioner found that costing assumptions documents can be construed as purely factual material.

Secondly, the recent landmark Full Federal Court decision, of Justin Warren v Services Australia - you might be familiar with it - has not been properly taken into account in determining this FOI. When it comes to the section 34(3) exemption the decision asserts "the information contained within the requested documents has not been officially disclosed with the authority of Cabinet". With respect, this is not the correct focus. At paragraph 168 of their landmark, welcome and rapturously received reasoning, the Full Federal Court clarified:

"The exception operates on the existence of the deliberation or decision and does not require disclosure of the substance, or detail, of the deliberation or decision to operate. Thus, if Cabinet deliberates on a policy proposal to fund the construction of a new highway and the Minister responsible, with the authority of Cabinet, later announces that Cabinet has made that decision (without disclosing the detail of what was deliberated) then the existence of the decision has been officially disclosed and the exception applies."

The highway has been disclosed here. Cabinet has approved and disclosed the $1.8 Billion with supporting budget papers, press releases. Disclosing the report will not disclose the substance of what cabinet deliberated about. I am disinterested in political chitty chats. A pre-existing consultancy report discloses nothing of the workings of cabinet.

Thirdly, while I think it's arguing the report constituted a 'briefing', the decision does not adequately particularise the connection of the final report with the cabinet process. The following key sentence is vague and confusing:

"Based on the factual circumstances surrounding the creation of the documents I am satisfied they were created for the dominant purpose of briefing a Minister and ultimately, to be submitted for consideration by the Cabinet. As such, I have decided the documents are exempt in full under section 34 of the FOI Act."

Can I have absolute clarity on whether documents 7, 8 and 9 were, in fact, submitted to cabinet? Because later in the decision it says the documents are not an attachment to a cabinet submission.

To be clear: is the agency claiming section 34(1)(c) over the report? If so, I need an explanation on how you are making out section 34(1)(c) here. If the final report is a section 34(1)(c) briefing it needs to identify the section 34(1)(a) submission it was briefing on. Are you saying the consultancy report postdates an existing submission for extra staffing? That it was briefing on an existing cabinet submission?

To my outsider eye, the final report was an independent analysis of what might go into a possible cabinet submission not yet under development. It supplied the evidence base or pitched a position on an issue to a Minister. I struggle to see how the required 'dominant purpose' had formed at the time the report was created and delivered. I do not see how the document can be briefing on a submission, that ultimately only emerged when the Minister adopted the position within the final report. As the report's authors note at the above link:

"The ultimate outcome was the acceptance of KordaMentha’s findings and recommendations and a $1.8 billion uplift in funding in the following federal government budget, the government’s single biggest allocation that year."

The original decision is reverse engineering a cabinet confidentiality claim through a 'dominant purpose' intention generated by convenient hindsight. At the time of its commissioning and creation this was a consultancy report, no more, no less. That it ended up being a welcome or useful one later, does not satisfy the section 34(1) requirements. The wording of section requires the intention to brief and submit to cabinet to be present when the document is 'brought into existence'.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/b...

Yours faithfully,

Frank N Fearless

FREEDOMOFINFORMATION, Services Australia

Thank you for contacting the Freedom of Information (FOI) team in Services
Australia (the Agency).

 

This email acknowledges your correspondence and provides some general
information in relation to FOI.

 

Administrative release of documents   

The Agency has administrative access arrangements ('the arrangements') for
the release of certain documents without the need for a formal FOI
request. If you agree to the release of documents under these
arrangements, we may provide you with documents under the arrangements,
where appropriate.  

 

Any parts of your FOI request that are addressed by documents being
released under the arrangements will be considered withdrawn. The
arrangements do not extend to information or materials of third parties.
You will be notified when documents are released to you under the
arrangements. 

 

Personal information of Agency staff 

We consider staff details to be personal information of those staff
members. As part of the FOI application process, we will seek your consent
to exclude the following information from documents that may be captured
by your request:  

* names of Services Australia staff below the Senior Executive level
(junior staff) 
* direct staff telephone numbers, signatures, logon identifiers and
email addresses. 

 

If you consent to exclude this information, we will treat it as outside
the scope of your request and therefore irrelevant under Section 22 of the
FOI Act. 

 

Charges 

No charge is payable for providing a person with their own personal
information.
If you are requesting non-personal information the Agency will advise you
as soon as practicable if a charge is payable to process your request, and
the amount of any such charge. 

 

How we will send documents to you 

Unless you have requested to receive correspondence and documents relating
to your FOI request via post we will communicate with you via this email
address. Some documents may be too large to send to you via email. If
applicable, we will seek your consent to provide the requested documents
to you electronically via a secure file sharing platform. Please advise us
as soon as possible if you wish correspondence or documents to be sent to
another address, or if your email address changes. 

 

How long do I have to wait? 

We are required to answer your request within 30 days unless the time
frame is extended under the FOI Act.  

show quoted sections

FOI.LEGAL.TEAM, Services Australia

2 Attachments

Dear Sir / Madam

 

Please find attached an acknowledgement letter dated 19 August 2024 in
relation to your request for internal review of a decision made by
Services Australia under the Freedom of Information Act 1982.

 

Yours sincerely,

 

 

Philippa, Authorised FOI Decision Maker

[1][email address]

Freedom of Information Team, Legal Services Division

[2]Visual brand element showing Services Australia progress symbol to left
with Services Australia wording to the right of the symbol. Underneath is
servicesaustralia.gov.au and icons representing our social media accounts.
To follow us on social media go to servicesaustralia.gov.au/socialmedia
Aligning the bottom of the signature block is the Services Australia
indigenous artwork strip consisting of cultural elements depicting our
agency’s progress story for First Nations people.

 

Services Australia acknowledges the Traditional Custodians of the lands we
live on. We pay our respects to all Elders, past and present, of all
Aboriginal and Torres Strait Islander nations.

 

Please note: This email and any attachments may contain information
subject to legal professional privilege or information that is otherwise
sensitive or confidential. If you are not the intended recipient of this
email, you are prohibited from using or disseminating this communication.
If you have received this communication in error please notify the sender
immediately and permanently delete this email.

 

 

show quoted sections

References

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1. mailto:[email address]

FOI.LEGAL.TEAM, Services Australia

2 Attachments

Dear Sir / Madam

 

Please find attached an internal review decision dated 12 September 2024
in relation to your request to for internal review of a decision made
under  the Freedom of Information Act 1982.

 

Yours sincerely,

 

 

Philippa, Authorised FOI Decision Maker

[1][email address]

Freedom of Information Team, Legal Services Division

[2]Visual brand element showing Services Australia progress symbol to left
with Services Australia wording to the right of the symbol. Underneath is
servicesaustralia.gov.au and icons representing our social media accounts.
To follow us on social media go to servicesaustralia.gov.au/socialmedia
Aligning the bottom of the signature block is the Services Australia
indigenous artwork strip consisting of cultural elements depicting our
agency’s progress story for First Nations people.

 

Services Australia acknowledges the Traditional Custodians of the lands we
live on. We pay our respects to all Elders, past and present, of all
Aboriginal and Torres Strait Islander nations.

 

Please note: This email and any attachments may contain information
subject to legal professional privilege or information that is otherwise
sensitive or confidential. If you are not the intended recipient of this
email, you are prohibited from using or disseminating this communication.
If you have received this communication in error please notify the sender
immediately and permanently delete this email.

 

 

show quoted sections

References

Visible links
1. mailto:[email address]