Dear NSW Department of Family and Community Services,
In your disclosure log, item 11 (GIPA18/273) at page 49 is the case of a public housing tenant who paid $133,300 in alleged back subsidies which dated back as far as 1999.

Has the tenant been refunded any part of those monies given that the department is not entitled to seek backpayment prior to the Housing Act 2001 commencing?

I wish for this to be treated as an informal application as I intend publishing this case on my website.

Yours faithfully,

George HA

Right to Information Unit, NSW Department of Family and Community Services

Dear Mr Ha,

I refer to your below email, which you have requested that the Department of Communities and Justice (the department) treat as an informal application.

Your email has been registered as an informal request for information, pursuant to section 8 of the Government Information (Public Access) Act 2009 (GIPA Act).

In processing requests under the GIPA Act, the Open Government, Information and Privacy Unit (OGIP) are unable to answer questions, therefore can you please confirm that you are seeking access to the following information:

- A copy of any information held by the Department of Communities and Justice (the department) in relation to any refund of the money paid ($133,300) by the tenant referred to at page 49 of the information disclosed in response to the access application, with reference GIPA18/273 (item 11 of the department's disclosure log).

Please note that the department may not be able to respond to your request informally - more information about informal release of information can be found on our website - https://www.facs.nsw.gov.au/about/gipa/r....

If I do not receive a response from you by COB 21 May 2020, your informal request may be closed without further action.

If you have any queries, please email me at [email address].

Regards,
Hayley
Right to Information Officer
Open Government, Information and Privacy
Legal
Department of Communities and Justice

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Dear Right to Information Unit,
Yes that is what I am looking for thank you.
Yours sincerely,

George HA

Right to Information Unit, NSW Department of Family and Community Services

1 Attachment

Dear Mr Ha,

I refer to your Informal Request for Information that you lodged under section 8 of the Government Information (Public Access) Act 2009 (the GIPA Act) with the Department of Communities and Justice.

Please be advised that the information you have requested falls outside the scope of the information that may be requested under the department’s Right to Information policy on informal release. Attached is a copy of our Right to Information policy on the informal release of information.

Further, in accordance with section 8(3) of the GIPA Act, the department has no legal obligation to consider your informal request for the release of information, and this decision is not reviewable under Part 5 of the GIPA Act.

However, in accordance with section 9(1) of the GIPA Act, I would advise you to lodge a formal access application with the department where you have a legally enforceable right to obtain information, unless there is an overriding public interest against disclosure of the subject information.

You can lodge a formal access application online, by clicking the 'Apply Online' button on our website - https://www.facs.nsw.gov.au/about/gipa/r....

Please contact me by email if you have any queries.

Regards,
Hayley Croft
Right to Information Officer
Open Government, Information and Privacy
Legal
Department of Communities and Justice
Locked Bag 4028, Ashfield NSW 2131

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Dear Right to Information Unit,

I confirm

Yours sincerely,

George HA

Right to Information Unit, NSW Department of Family and Community Services

2 Attachments

Dear Mr Ha,

Please see email attached advising you that your informal request has been declined.

Regards,
Hayley
Right to Information Officer
Open Government, Information and Privacy
Legal
Department of Communities and Justice

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