Briefing of new secretary
Dear Department of Veterans' Affairs,
This week Alison Frame replaced now former Secretary, Liz Cosson.
I am seeking all briefing papers, updates, etc. from Liz Cosson and her staff to the new Secretary Alison Frame.
Yours faithfully,
Alan ASHMORE
Dear Mr Ashmore
The Department of Veterans’ Affairs (the Department) has received your
request for access to information under the Freedom of Information Act
1982 (FOI Act). I note you have requested access to the following:
‘I am seeking all briefing papers, updates, etc. from Liz Cosson and her
staff to the new Secretary Alison Frame.’
Your request was received by the Department on 26 January 2023 and the
ordinary 30 day statutory period for processing your request commenced
from the day after that date.
Extension of Time
Due to an increase in the number of information access applications
currently being received by the Department, we are asking your agreement
to an extension of time for a further 30 days to process this request
under section 15AA of the FOI Act. This would mean that your request is
due on 27 March 2023.
If we are in a position to make a decision on your request earlier than
this date, we will endeavour to do so.
The statutory period may also be extended if we need to consult third
parties or for other reasons permitted under the FOI Act. We will advise
you if this happens.
If you do agree we will notify the Office of the Australian Information
Commissioner (OAIC) of your agreement under section 15AA of the FOI Act.
Charges
The Department will advise you if a charge is payable to process your
request and the amount of any such charge as soon as practicable. No
charge is payable for providing a person with their own personal
information.
Your address
The FOI Act requires that you provide us with an address that we can send
notices to. You have advised your email address is
[1][FOI #9849 email]. Unless you tell us
otherwise, we will send all notices and correspondence to this address.
Disclosure log
Information released under the FOI Act may be published on a disclosure
log on our website, subject to certain exceptions. These exceptions
include where publication of personal, business, professional or
commercial information would be unreasonable.
Request to treat certain material as out of scope or irrelevant to the
request
To the extent the Department has documents in its possession that fall
within the scope of your request, we intend to treat the following
information as out of scope or irrelevant to your request, pursuant to
section 22(1)(b)(ii) of the FOI Act:
1. The surnames, signatures and direct contact details of non-SES
Commonwealth employees and contractors, including clinical staff working
for Open Arms – Veterans & Families Counselling;
2. The surnames, signatures and direct contact details of serving
members of the Australian Defence Force; and
3. The signatures of third party individuals.
If you agree to our request for an extension of time and the Department
treating these details as irrelevant, please advise by
10 February 2023.
Further assistance
If you have any questions about your request, please email
[2][DVA request email].
Regards
Fiona Position Number – 62211034
Information Access Registrations Officer
Information Access Unit / Client Access and Rehabilitation Branch
Client Engagement and Support Services Division
Department of Veterans’ Affairs
1800 VETERAN (1800 838 372)
[3][DVA request email]
[4]www.dva.gov.au
[5]cid:image002.png@01D7B6E3.69D49590[6]cid:image003.png@01D7B6E3.69D49590[7]cid:image004.png@01D7B6E3.69D49590[8]cid:image005.png@01D7B6E3.69D49590
[9]cid:image008.jpg@01D8EA24.8F7FA8A0
[10]cid:image009.jpg@01D8EA24.8F7FA8A0
References
Visible links
1. mailto:[FOI #9849 email]
2. mailto:[DVA request email]
3. mailto:[DVA request email]
4. http://www.dva.gov.au/
5. https://www.facebook.com/DVAAus
6. https://twitter.com/DVAAus
7. https://au.linkedin.com/company/australi...
8. https://www.youtube.com/DVATVAus
Dear INFORMATION.ACCESS,
I note your response of 3 February 2023 where you stated, “due to an increase in the number of information access applications being received by the department, we are asking your agreement to an extension of time for a further 30 days to process this request …………”
I note the Information Commissioner’s guideline 3.13 that states, “Agencies should ensure a sufficient number of officers are authorised at appropriate senior levels to make both original and internal review decisions.”
I understand there has been an increase in the number of FOI applications and note DVA were initially given an additional $28.9m to cover the increased staff costs associated with the Royal Commission. One would assume DVA’s FOI Section would have been the beneficiary of some additional funding.
Accordingly, I do not agree to this extension for what should be information readily available and easy to access.
Yours sincerely,
Alan ASHMORE
Our reference: RQ23/00796
Agency reference: 55801
Mr Alan Ashmore
By email: [1][FOI #9849 email]
Extension of time application by Department Of Veterans’ Affairs
Dear Mr Ashmore,
I write to advise that on 24 February 2023 the Office of the Australian
Information Commissioner (the OAIC) received an application from the
Department of Veterans’ Affairs (the Department) for an extension of
time, to process your FOI request of 26 January 2023.
The Department has applied for an extension of time under s 15AB of the
Freedom of Information Act 1982 (Cth) because your request is considered
to be voluminous and/or complex.
The Department has advised the OAIC that:
On 08/02/2023, the search minute is sent out to the Parliamentary and
Governance Branch as they are the stakeholder of this request. As this is
quite a significant request across the Department, an internal FOI alert
is sent to all the relevant SES across the Department, including the media
team. There has been a delay from the line area to send us the docs as
they advised us that they had to use their staffing and their team
resources focusing on the Senate Estimates. I only received search minute
responses yesterday and was told the emails and docs are over 1800 pages.
And I was told to read the pages and consider which other business line
areas to consult and require their clearance in each line area before
release. They are still in process of sending the documents to me, it
probably won't happen until early next week. Also line area advised two
other external Departments maybe required for consultations - Dept of
Finance and also Dept of Prime Minister and Cabinet (PM&C) for Cabinet
documents.
Further time is required for me to analyse all the document pages, then
identify correct line areas for consultation. Potentially another two
external Departments also required for taking part in the consultation
process. Also Media team requires me to send the mark up documents and
external letters few days before final release which means that would add
additionally time as well.
Also the page numbers of this request is quite high over 1800 pages so to
ensure all the stakeholders can be identified and consulted, that would
need some considerable amount of time.
As this is appointment of the new Department Secretary, I am anticipating
the briefing documents would cover many business areas that requires many
consultations.
[A]s noted above - Dept of Finance and PM&C [have an interest in the
request].
Once I receive the docs from line area I will try to identify all the line
areas as soon as possible so consultations are sent out quickly, and will
seek the external consultation with other Departments asap as well.
The Department has requested an extension to 29 March 2023. I will take
any comments you may have to make into account when deciding the
application.
Please respond to this email by close of business 27 February 2023. If I
do not hear from you by this date, the decision maker will make a decision
on the basis of the information provided to me by the Department.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our
website at [2]Extensions of time.
Contact
If you have any questions regarding this email please contact me on 1300
363 992 or at [3][email address]. Please quote OAIC reference:
RQ23/00796 in all correspondence.
Kind regards,
Bernie Lai
[4][IMG] Intake and Early Resolution Team
Freedom of Information Regulatory Group
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[5]oaic.gov.au
1300 363 992 | [6][email address]
[7][IMG] | [8][IMG] | [9][IMG] | [10]Subscribe to OAICnet newsletter
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. mailto:[FOI #9849 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. mailto:[email address]
4. https://aus01.safelinks.protection.outlo...
5. https://aus01.safelinks.protection.outlo...
6. mailto:[email address]
7. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...
9. https://aus01.safelinks.protection.outlo...
10. https://aus01.safelinks.protection.outlo...
Dear Mr Ashmore,
Apologies for my oversight – I meant to request your response to my
previous email by close of business 2 March 2023, not 27 February 2023.
Regards,
Bernie Lai
[1][IMG] Intake and Early Resolution Team
Freedom of Information Regulatory Group
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
1300 363 992 | [3][email address]
[4][IMG] | [5][IMG] | [6][IMG] | [7]Subscribe to OAICnet newsletter
From: OAIC - FOI DR
Sent: Monday, 27 February 2023 4:05 PM
To: [FOI #9849 email]
Subject: RQ23/00796 - Extension of time application by Department of
Veterans' Affairs - Agency reference: 55801
Our reference: RQ23/00796
Agency reference: 55801
Mr Alan Ashmore
By email: [8][FOI #9849 email]
Extension of time application by Department Of Veterans’ Affairs
Dear Mr Ashmore,
I write to advise that on 24 February 2023 the Office of the Australian
Information Commissioner (the OAIC) received an application from the
Department of Veterans’ Affairs (the Department) for an extension of
time, to process your FOI request of 26 January 2023.
The Department has applied for an extension of time under s 15AB of the
Freedom of Information Act 1982 (Cth) because your request is considered
to be voluminous and/or complex.
The Department has advised the OAIC that:
On 08/02/2023, the search minute is sent out to the Parliamentary and
Governance Branch as they are the stakeholder of this request. As this is
quite a significant request across the Department, an internal FOI alert
is sent to all the relevant SES across the Department, including the media
team. There has been a delay from the line area to send us the docs as
they advised us that they had to use their staffing and their team
resources focusing on the Senate Estimates. I only received search minute
responses yesterday and was told the emails and docs are over 1800 pages.
And I was told to read the pages and consider which other business line
areas to consult and require their clearance in each line area before
release. They are still in process of sending the documents to me, it
probably won't happen until early next week. Also line area advised two
other external Departments maybe required for consultations - Dept of
Finance and also Dept of Prime Minister and Cabinet (PM&C) for Cabinet
documents.
Further time is required for me to analyse all the document pages, then
identify correct line areas for consultation. Potentially another two
external Departments also required for taking part in the consultation
process. Also Media team requires me to send the mark up documents and
external letters few days before final release which means that would add
additionally time as well.
Also the page numbers of this request is quite high over 1800 pages so to
ensure all the stakeholders can be identified and consulted, that would
need some considerable amount of time.
As this is appointment of the new Department Secretary, I am anticipating
the briefing documents would cover many business areas that requires many
consultations.
[A]s noted above - Dept of Finance and PM&C [have an interest in the
request].
Once I receive the docs from line area I will try to identify all the line
areas as soon as possible so consultations are sent out quickly, and will
seek the external consultation with other Departments asap as well.
The Department has requested an extension to 29 March 2023. I will take
any comments you may have to make into account when deciding the
application.
Please respond to this email by close of business 27 February 2 March
2023. If I do not hear from you by this date, the decision maker will make
a decision on the basis of the information provided to me by the
Department.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our
website at [9]Extensions of time.
Contact
If you have any questions regarding this email please contact me on 1300
363 992 or at [10][email address]. Please quote OAIC reference:
RQ23/00796 in all correspondence.
Kind regards,
Bernie Lai
[11][IMG] Intake and Early Resolution Team
Freedom of Information Regulatory
Group
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[12]oaic.gov.au
1300 363 992 |
[13][email address]
[14][IMG] | [15][IMG] | [16][IMG] | [17]Subscribe to OAICnet
newsletter
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://aus01.safelinks.protection.outlo...
2. https://aus01.safelinks.protection.outlo...
3. mailto:[email address]
4. https://aus01.safelinks.protection.outlo...
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
7. https://aus01.safelinks.protection.outlo...
8. mailto:[FOI #9849 email]
9. https://www.oaic.gov.au/freedom-of-infor...
10. mailto:[email address]
11. https://aus01.safelinks.protection.outlo...
12. https://aus01.safelinks.protection.outlo...
13. mailto:[email address]
14. https://aus01.safelinks.protection.outlo...
15. https://aus01.safelinks.protection.outlo...
16. https://aus01.safelinks.protection.outlo...
17. https://aus01.safelinks.protection.outlo...
Dear OAIC - FOI DR,
Hi Bernie,
Thanks for the revised date for me to respond to your 27 February 2023 update.
I reluctantly agree to DVA's request for an extension of time.
Yours sincerely,
Alan ASHMORE
Our reference: RQ23/00796
Agency reference: 55801
Mr Alan Ashmore
By email: [FOI #9849 email]
Cc: [email address]
Extension of time under s 15AB
Dear Mr Ashmore
Please find attached an extension of time decision relating to your FOI
request with the Department of Veterans' Affairs. A copy of this decision
has been provided to the Department today.
Kind regards
Noah Harris
[1][IMG] Intake and Early Resolution Team
Freedom of Information Regulatory Group
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
1300 363 992 [3][email address]
[4][IMG] | [5][IMG] | [6][IMG] | [7]Subscribe to OAICnet newsletter
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://aus01.safelinks.protection.outlo...
2. https://aus01.safelinks.protection.outlo...
3. mailto:[email address]
4. https://aus01.safelinks.protection.outlo...
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
7. https://aus01.safelinks.protection.outlo...
Dear Mr Ashmore
We refer to your request made on 26 January 2023 to the Department of
Veterans’ Affairs (Department) under the Freedom of Information Act 1982
(Cth) (FOI Act), seeking access to the following:
‘… I am seeking all briefing papers, updates, etc. from Liz Cosson and her
staff to the new Secretary Alison Frame...’
The purpose of this email is to inform you that, after a preliminary
consideration of the documents likely to be relevant to the scope of your
request, I have determined that there are a number of third parties who
may reasonably wish to contend that information contained in the documents
is exempt under section 47 (commercially valuable information)/section 47G
(business affairs)/ section 47F (personal information) of the FOI Act.
We are required to consult with these third parties under section 27 and
section 27A of the FOI Act.
In accordance with section 15(6) of the FOI Act, the consultation
requirement extends the statutory time period to provide a decision on the
request by 30 days. This means a decision on your request is now due on 26
April 2023.
If you have any questions about the above, please email:
[1][email address].
Kind regards,
Frankie| Information Access Officer
Position 62210799
Information Access Unit I Client Access and Rehabilitation Branch
Client Engagement and Support Services Division
Department of Veterans’ Affairs
Tel 1800 VETERAN (1800 838 372)
[DVA request email]
References
Visible links
1. mailto:[email address]
Dear INFORMATION.ACCESS,
I lodged an FOI request on 26 January 2023, "‘… I am seeking all briefing papers, updates, etc. from Liz Cosson and her staff to the new Secretary Alison Frame...’
A 30 day extension was requested due to the high volume of FOI's being received. I reluctantly agreed to this extension on 1 March 2023 pushing the date for finalisation out to 27 March 2023, i.e. 60 days from date requested.
I note your request received 24 March 2023 advising, "We are required to consult with these third parties under section 27 and section 27A of the FOI Act." then
"In accordance with section 15(6) of the FOI Act, the consultation requirement extends the statutory time period to provide a decision on the request by 30 days. This means a decision on your request is now due on 26
April 2023."
I am disappointed at your latest advice and wonder why the "consultation with third parties," etc hasn't been completed within the 60 day period as required by law. I now ask that you advise of where the specific delays have occurred that now results in a further extension to 26 April, some 90 days after the original request that one would expect will be contained in files/documents already produced and given to the new Secretary when she commenced on 23 January 2023.
I also ask that you also respond to the following question.
Why you have advised me of the further extension to 26 April, WITHOUT MY CONSENT?
Yours sincerely,
Alan ASHMORE
Thank you for your email. Please accept this automatic reply as
confirmation the Information Access Unit has received your email. An IA
Officer will contact you in due course, we appreciate your patience in the
interim.
This email is monitored during business hours Monday to Friday excluding
Public Holidays.
The Open Arms Veterans & Families Counselling service is available to
support members of the veteran and ex-service community and their families
and can be contacted toll free on 1800 011 046 (24/7). This number is for
counselling only. If you require urgent assistance, please call 000. If
you are unwell, please contact your local doctor or go to your nearest
hospital. You can also visit the Open Arms
website [1]https://www.openarms.gov.au/
References
Visible links
1. https://www.openarms.gov.au/%0dThe%20Saf...
Dear Mr Ashmore
Thank you for your email, and for granting the section 15AA extension of time on 1 March 2023.
Under section 27 and section 27A of the FOI Act, an agency may be required to consult third parties on documents located and extend the due date by another 30 days without seeking consent from an applicant, and is required to notify applicants of the need for the consultations and extension of time. So far, we have identified over 1450 pages of documents to be reviewed, and many of these pages require clearance and consultations with numerous business line areas and external third parties.
We are actively processing your request and will endeavour to finalise it as quickly as possible once these consultations have been completed and the relevant documents reviewed.
Kind regards,
Frankie| Information Access Officer
Position 62210799
Information Access Unit I Client Access and Rehabilitation Branch
Client Engagement and Support Services Division
Department of Veterans’ Affairs
Tel 1800 VETERAN (1800 838 372)
[DVA request email]
www.dva.gov.au
Dear INFORMATION.ACCESS,
I note your 28 March 2023 email noted in part:
"In accordance with section 15(6) of the FOI Act, the consultation requirement extends the statutory time period to provide a decision on the request by 30 days. This means a decision on your request is now due on 26 April 2023."
This FOI request was lodged OVER 3 MONTHS AGO and you have failed to meet the latest date to finalise my request, 26 April 2023.
Unless this FOI request is finalised by no later then Wednesday 3 May 2023 you will leave me with no alternative than to take up an offer from Senator Lambie to prepare a series of questions for her to ask at Senate Estimates due in the next 2 weeks.
I insist that the released information be published on righttoknow and not sent to my personal email address.
Yours sincerely,
Alan ASHMORE
Thank you for your email. Please accept this automatic reply as
confirmation the Information Access Unit has received your email. An IA
Officer will contact you in due course, we appreciate your patience in the
interim.
This email is monitored during business hours Monday to Friday excluding
Public Holidays.
The Open Arms Veterans & Families Counselling service is available to
support members of the veteran and ex-service community and their families
and can be contacted toll free on 1800 011 046 (24/7). This number is for
counselling only. If you require urgent assistance, please call 000. If
you are unwell, please contact your local doctor or go to your nearest
hospital. You can also visit the Open Arms
website [1]https://www.openarms.gov.au/
References
Visible links
1. https://www.openarms.gov.au/%0dThe%20Saf...
Our reference: RQ23/01998
Agency reference: 55801
Mr Alan Ashmore
Sent by email: [1][FOI #9849 email]
Extension of time application by the Department of Veterans' Affairs
Dear Mr Ashmore
I write to advise that on 26 April 2023 the Office of the Australian
Information Commissioner (OAIC) received an application from the
Department of Veterans' Affairs (Department) for an extension of time, to
process your FOI request of 26 January 2023.
The Department has applied for an extension of time under s 15AB of the
Freedom of Information Act 1982 (Cth) because your request is considered
to be voluminous and complex.
The Department has advised the OAIC that:
[2]A picture containing text, electronics, screenshot, font Description
automatically generated
The Department has requested an extension to 26 May 2023. I will take any
comments you may have to make into account when deciding the application.
Please respond to this email by Tuesday 9 May 2023. If I do not hear from
you by this date, the decision maker will make a decision on the basis of
the information provided to me by the DVA.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our
website at [3]Extensions of time.
Contact
If you have any questions regarding this email please contact me via email
to [4][email address]. Please quote OAIC reference: RQ23/01998 in all
correspondence.
Kind regards
[5][IMG]
Noah Harris
Assistant Review Adviser | Freedom of Information
Regulatory Group
Office of the Australian Information Commissioner
P 1300 363 992 E [6][email address]
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.
[7]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. mailto:[FOI #9849 email]
3. https://www.oaic.gov.au/freedom-of-infor...
4. mailto:[email address]
5. https://www.oaic.gov.au/
6. mailto:[email address]
7. https://www.oaic.gov.au/engage-with-us/n...
Dear OAIC - FOI DR,
Thank you for your offer for me to provide input into a request to further delay in finalising my FOI request.
I note that today my FOI request was lodged 103 days ago.
As a war veteran with an Infantry Battalion I am aware of 'battle tactics.' Like other veteran advocates we are aware, because of the experiences we have received from DVA of their 'battle tactics.' It is to delay or try and avoid disclosing information that is deteimential to them. We call it their 'exhaustion process,' where DVA are effectively a law under themselves and this delay is just another example of delaying information that journalists can pick up on righttoknow or in this case Senate Estimates due in 2 days time.
I guess I cannot do much about DVA's MO but I needed to bring the above to your attention. DVA are there to serve our veteran as opposed to protecting their misdeads and incompetence.
I hope DVA release the requested documents on righttoknow and not, as they have done in the past, sent me their response to my private email address to hide it from journalists and our elected representatives.
Please excuse me for sounding off but DVA have a happy knack of increasing our blood pressure and in all too many cases treating our service with contempt.
Yours sincerely,
Alan ASHMORE
Our reference: RQ23/01998
Agency reference: 55801
Mr Alan Ashmore
By email: [FOI #9849 email]
Cc: [email address]
Extension of time under s 15AB
Dear Mr Ashmore
Please find attached an extension of time decision relating to your FOI
request with the Department of Veterans' Affairs. A copy of this decision
has been provided to the Department today.
Kind regards
[1][IMG]
Noah Harris
Assistant Review Adviser | Freedom of Information
Regulatory Group
Office of the Australian Information Commissioner
P 1300 363 992 E [2][email address]
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.
[3]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/engage-with-us/n...
Dear Mr Ashmore,
We apologise for the delay in finalising LEX 55801. As advised in our
recent 15AB submissions with OAIC, the processing timeframes have been
severely impacted due to the significant number of consultations required
to be taken with various internal business areas (17), external government
departments (5) and third parties (5).
It is estimated that there are about twelve (12) bundles of documents that
are considered for release, totalling approximately 1610 pages.
Proposed staged release arrangement
Currently, six marked up bundles have been sent to the Chief of
Staff/Parlimanetary & Governance Branch and Information Law section for
their review and comments. Following their response, the Department can
release these copies to you with relevant exemptions applied (if
applicable). Meanwhile, the Department is still processing the remaining
six bundles.
As per the OAIC FOI guidelines 3.205 and 3.206, when a request involves a
large number of documents, it is open to an agency and applicant to
consult and agree on a staged approach to the release of the documents.
We are therefore seeking your consent and agreement for the Department to
provide you with the documents via this staged release process. If you
agree to this arrangement, you will receive the released bundles and
decision letter for each staged release.
If you agree with our proposed staged release, please respond by COB
Tuesday 23 June 2023.
Kind regards,
Frankie| Information Access Officer
Position 62210799
Information Access Unit I Client Access and Rehabilitation Branch
Client Engagement and Support Services Division
Department of Veterans’ Affairs
Tel 1800 VETERAN (1800 838 372)
[DVA request email]
Dear INFORMATION.ACCESS,
Thank you for your response of 18 May 2023. I note you requested the following:
"We are therefore seeking your consent and agreement for the Department to
provide you with the documents via this staged release process. If you
agree to this arrangement, you will receive the released bundles and
decision letter for each staged release.
If you agree with our proposed staged release, please respond by COB
Tuesday 23 June 2023."
Firstly I assume my response is required by Tuesday 23 May 2023.
Secondy I agree to your request for a staged release of the requested documents on condition that:
: All documents are released to me by no later than 30 June 2023, and
: The release of documents be released on the righttoknow wwebsite so other interested veterans
can also view the requested documents.
Yours sincerely,
Alan ASHMORE
Thank you for your email. Please accept this automatic reply as
confirmation the Information Access Unit has received your email. An IA
Officer will contact you in due course, we appreciate your patience in the
interim.
This email is monitored during business hours Monday to Friday excluding
Public Holidays.
The Open Arms Veterans & Families Counselling service is available to
support members of the veteran and ex-service community and their families
and can be contacted toll free on 1800 011 046 (24/7). This number is for
counselling only. If you require urgent assistance, please call 000. If
you are unwell, please contact your local doctor or go to your nearest
hospital. You can also visit the Open Arms
website [1]https://www.openarms.gov.au/
References
Visible links
1. https://www.openarms.gov.au/%0dThe%20Saf...
Dear Mr Ashmore
Thank you for your email and agreement to a staged release of documents under LEX 55801.
The Department will endeavour to finalise this request by the 30 June 2023 as requested, provided that all consultations are completed.
You will soon receive the decision letter and request bundles for the first stage release. The bundle files will be sent to this Right to Know link.
Thanks again.
Kind regards,
Frankie| Information Access Officer
Position 62210799
Information Access Unit I Client Access and Rehabilitation Branch
Client Engagement and Support Services Division
Department of Veterans’ Affairs
Tel 1800 VETERAN (1800 838 372)
[DVA request email]
www.dva.gov.au
Dear INFORMATION.ACCESS,
As of today this Information Request is now MORE THAN 5 MONTHS OLD.
In one of my many responses, the latest on 22 May 2023, I agreed to a staged release by no later than 30 June 2023. This was after DVA promised to release the requested information by 23 June 2023.
On 26 May 2023 DVA advised they agreed to release all documentation by 30 June 2023, "provided all consultations are completed." I note this was a qualified response and not in accordance with my agreement, nor DVA's previous agreement to release the requested information by 23 June 2023.
That my initial request is now over 5 months old and should I not have all the requested information IN FULL by 30 June 2023, you will leave me with no alternative but to go public. I will also be writing to the Minister and sending it via my Federal MP. In this way the Minister will have to sign off on my letter.
It's now over to you. As this request is OVER 5 MONTHS OLD, the time for playing games are over.
I urge you to finalise this matter.
Yours sincerely,
Alan ASHMORE
Thank you for your email. Please accept this automatic reply as
confirmation the Information Access Unit has received your email. An IA
Officer will contact you in due course, we appreciate your patience in the
interim.
This email is monitored during business hours Monday to Friday excluding
Public Holidays.
The Open Arms Veterans & Families Counselling service is available to
support members of the veteran and ex-service community and their families
and can be contacted toll free on 1800 011 046 (24/7). This number is for
counselling only. If you require urgent assistance, please call 000. If
you are unwell, please contact your local doctor or go to your nearest
hospital. You can also visit the Open Arms
website [1]https://www.openarms.gov.au/
References
Visible links
1. https://www.openarms.gov.au/%0dThe%20Saf...
Dear Mr Ashmore,
Thank you for your Information Access request to the Department of
Veterans’ Affairs (Department) – LEX 55801.
Please find the Department’s section 24AB consultation notice.
Kind regards,
Sotiria | 62214764
Senior Information Officer I Information Access Unit I Client Access and
Rehabilitation Branch
Client Engagement and Support Services Division
Department of Veterans’ Affairs
[1][email address]
[2]www.dva.gov.au
[3]cid:image002.png@01D7B6E3.69D49590[4]cid:image003.png@01D7B6E3.69D49590[5]cid:image004.png@01D7B6E3.69D49590[6]cid:image005.png@01D7B6E3.69D49590
[7]cid:image007.jpg@01D8E856.81E464D0
[8]cid:image008.jpg@01D8E856.81E464D0
References
Visible links
1. mailto:[email address]
2. http://www.dva.gov.au/
3. https://www.facebook.com/DVAAus
4. https://twitter.com/DVAAus
5. https://au.linkedin.com/company/australi...
6. https://www.youtube.com/DVATVAus
Dear INFORMATION.ACCESS,
I am responding to your correspondence of 30 June 2023 and note the following but first I feel compelled to make a few comments.
By your actions, or lack of actions, where you agreed to progressively release the requested brief from the previous Secretary to the new Secretary in stages by no later than 30 June 2023, you then
breached that promise. This is clear evidence of a lack of integrity and a gaming of the FOI system remembering this was after 2 requests to the OAIC for an extension, that I agreed to, with the last one expiring on 26 May 2023.
You then advise the brief has all of a sudden increased from 1610 to 2300 documents and have asked me to either:
: withdraw my request,
: make a revised request, or
: indicate that I don't wish to revise my request.
This raises the obvious question. How can I modify my request when I don’t know what the contents of the handover brief are?
In my 27 June 2023 commnication I noted that if you failed to release the requested documents by 30 June 2023 I would lodge a formal complaint in writing to Minister Keogh and send it via my Federal MP. This was so Minister Keogh would have to personally sign the response.
I can confirm I have done this and gone even further by lodging a formal complaint to the Commonwealth Ombudsman and cc'd in the Royal Commission. I have already contacted Senator Jacqui Lambie asking her to raise this in the Senate and request the same handover brief you have deliberatly stonewalled. As you would be aware DVA have a tight timeline to fullfill Senator Lambie's request.
I ask that you immediately STOP playing your games. My final and not negotiable deadline for the release IN FULL of the handover brief is 31 July 2023. I will shortly make an FOI request for all internal correspondence pertaining to LEX 55801. I will also ensure this starts getting a good run on multiple social media platforms.
Finally, please cease playing your stupid sand pit games.
Yours sincerely,
Alan ASHMORE
Thank you for your email. Please accept this automatic reply as
confirmation the Information Access Unit (IAU) has received your email.
Please note the IAU is currently experiencing a high volume of requests.
We are working as quickly as possible to process your request. We
appreciate your patience.
Dear Mr Ashmore
Thank you for your response in regards to our 24AB consultation notice. Please find the attached practical refusal letter of this FOI request.
Kind regards,
Frankie| Information Access Officer
Position 62210799
Information Access Unit I Client Access and Rehabilitation Branch
Client Engagement and Support Services Division
Department of Veterans’ Affairs
Tel 1800 VETERAN (1800 838 372)
[DVA request email]
www.dva.gov.au
Dear Mr Ashmore
We refer to your application for Information Commissioner review
(MR23/00929) of a request to the department for “all briefing papers,
updates, etc from Liz Cosson and her staff to the new Secretary Alison
Frame”.
The department would like to acknowledge and apologise for the delay in
processing your request. In order to progress this matter, we advise that
the department is currently working on making a new decision on the
documents you have requested in order to release relevant documentation to
you under section 55G of the Freedom of Information Act 1982 (FOI Act) as
a matter of priority. That provision allows the department to make a
decision to vary an access refusal decision at any time during an
Information Commissioner review if it would have the effect of giving an
applicant access to a document in accordance with a request.
Staged approach to new decision
In order for the department to provide you with the documentation you are
seeking as expeditiously as possible, the department is working on a
staged approach to its decision. In this regard, there are over 1800 pages
of documents to process.
Accordingly, the department intends to provide you with access to the
documents you are seeking in 2 stages as follows:
1. A first decision by 5 February 2024 with a view to providing you
with as many documents as possible, in particular, those documents that
the department is not required to consult on and that might be released in
full; and
2. A second decision by 26 February 2024 in relation to the remaining
documents. We advise that this decision would provide reasons for any
exempt material in order to assist you to understand why access to that
material is not able to be provided by the department.
Scope of your request
We note that the documents you have requested include some personal
information that is not relevant to the substance of the briefing
material. We would therefore be grateful if you could confirm whether you
are agreeable to exclude the following information from the documents:
· Direct contact numbers and email addresses that are not in the
public domain; and
· Last names of agency staff who are below the Senior Executive
Service level.
We would also be grateful if you could confirm whether there is any other
material that you are not seeking from the department (such as publicly
available documents that may be contained in the briefing material).
Information Commissioner review process
The department is currently engaging with the Office of the Australian
Information Commissioner (OAIC) about its intended approach to this matter
and have copied this communication to the OAIC. We will also provide the
OAIC with communications about section 55G decisions as they are made.
The department is otherwise confident that this approach will
substantially narrow, and could even resolve, the extent of material in
issue in the review. Please let us know if you agree to the above
exclusions of personal information and if there is any other material you
are not seeking as part of your request.
Kind regards
Angela-Grace (Position Number 62331110)
Director, Information Access Unit I Ministerial, International &
Stakeholder Relations Branch
Ministerial, Engagement & Communications Division
Department of Veterans’ Affairs
Tel 1800 838 372
[1]www.dva.gov.au
[2]cid:image002.png@01D7B6E3.69D49590[3]cid:image003.png@01D7B6E3.69D49590[4]cid:image004.png@01D7B6E3.69D49590[5]cid:image005.png@01D7B6E3.69D49590
References
Visible links
1. http://www.dva.gov.au/
2. https://www.facebook.com/DVAAus
3. https://twitter.com/DVAAus
4. https://au.linkedin.com/company/australi...
5. https://www.youtube.com/DVATVAus
Dear INFORMATION.ACCESS,
Apologies for not responding sooner. My internet connection has been almost non-existent due to being at a holiday destination that has had a massive increase in holiday makers.
I am in agreement that I do not require the direct contact numbers and email addresses that are not in the public domain and the last names of agency staff who are below the Senior Executive Service level.
I am pleased the OAIC upheld my complaint for an FOI lodged over one year ago. I am also displeased that a previous offer to release the said documents, an offer I agreed to, was then breached by DVA. I regard breach of our agreement as a breach of the APS Code of Conduct. Should there be another breach it will leave me with no alternative but to escalate this matter for a second time.
The time for playing games is over and, as per our previous agreement, “the release of documents be released on the righttoknow wwebsite so other interested veterans can also view the requested documents.”
Should you wish to release the requested information in smaller bundles, but within the overall timeline, then I agree to this.
Yours sincerely,
Alan ASHMORE