Dear Digital Transformation Agency,

Under Freedom of Information Act 1982 I request the following:

"Any emails:

* Received from a 3rd party or other government agency to the Digital Transformation Agency
* Sent by the Digital Transformation Agency
* containing statistics relating to install counts or registration numbers of the COVIDSafe mobile tracing application.
* limited to after the public release date of 26th April 2020.

Please note - This request is for emails contained by DTA and not any other agency or government department."

An agency or minister may impose a charge for providing access to a document under s29 of the FOI Act.

As this has been reported in the news daily, I request that the Department waive any charges applicable to this request, on the basis that the release of these documents would be in the public interest (s29(5)(b))

Please also note as this is timely information, if requested no extension would be granted under s15AA.

Yours faithfully,

Chris F

Dear Carl,

Please find formatted copy of response at the following Microsoft OneDrive link:

https://1drv.ms/b/s!AsrWJy_3WCc4ikD9R-H7...

Otherwise text version is below.

Yours sincerely,

Chris

-------------------

Dear Carl,

Thank for your email regarding the request for extension by the Digital Transformation Agency for my FOI request.

I ask that you continue with the original date for the following reasons:

• The DTA has failed to state why this request is complex and provided reasons that are hypothetical and not provided in any measurable or quantifiable terms

(Knowles v Australian Information Commissioner [41] [2018] FCA 1212)

• The DTA’s other two reasons regarding workload are not valid or relevant as reasons for purposes of granting an extension under 15AB.

My request is extremely narrow in its parameters as I am after summary information only.

My specific reasons for disallowing the extension are below. Based on those I can not see how an extension can be granted under FOI guidelines as they do not meet the threshold for granting an extension.

Regards,

Chris

The line area responsible for the information is already processing three other applications on various subjects related to the COVIDSafe App development.

1. The DTA created an app that was stated publicly that “40% of population should install it”.

2. The app is mentioned dozens of times per day on all media outlets and by government ministers and officials.

3. DTA would be aware of the public interest of the app based on this.

4. FOI Guidelines 3.149 state:

“lack of staff because of inadequate allocation of resources to FOI processing or failure to assign additional temporary resources to FOI processing at peak times will not normally justify an extension in the absence of other extenuating circumstances.”

5. The DTA would have been aware that FOI requests and additional attention would be likely during this period and have not assigned additional temporary resources for this peak.

6. A reasonable person with no expertise of the DTA have would expect that interest in the app would be peaked after its release.

7. The OAIC website states:

“Factors that are not relevant are issues that are not connected to the request itself, including an agency’s heavy workload, competing priorities and ongoing resource limitations.”

8. The reason given by DTA above fits this definition meaning it is not relevant in the decision to grant an extension to this request.

The DTA usually receives less than 20 FOI requests per year. Consequently the DTA’s FOI officer is a part time role. However, the DTA currently has six active FOI request, three of which are related to the COVIDSafe app.

9. FOI Guidelines 3.149 state:

“lack of staff because of inadequate allocation of resources to FOI processing or failure to assign additional temporary resources to FOI processing at peak times will not normally justify an extension in the absence of other extenuating circumstances.”

10. The DTA would have been aware that FOI requests and additional attention would be likely during this period and have not assigned additional temporary resources for this peak.

11. A reasonable person with no expertise of the DTA have would expect that interest in the app would be peaked after its release.

12. The OAIC website states:

“Factors that are not relevant are issues that are not connected to the request itself, including an agency’s heavy workload, competing priorities and ongoing resource limitations.”

13. The reason given by DTA above fits this definition meaning it is not relevant in the decision to grant an extension to this request.

The request is complex as it may involve consultation with other government agencies, in particular the Department of Health as the publisher of the COVIDSafe App.

14. The request is limited to emails, so a single search is required and not of multiple systems or document storage areas.

15. The timeline of the request is for a short period.

16. The request is for summary information only. I see no reason why any commercial in confidence or exemptions will need to be made.

17. The summary information is stated daily by government so there should be no privacy implications in releasing the data.

18. The request is limited to the DTA only, so consultation with other agencies should not be required.

19. Should consultation occur, this should be brief because:

a. No private information should be covered

b. No commercial in confidence should be covered

c. Minimal documents are covered by the filtering of this request

d. The DTA has a close working relationship with Health due to ongoing work on the app.

20. FOI Guidelines 3.146 state:

“An agency or minister applying to the Information Commissioner for an extension of time under s 15AB should explain why the applicant’s FOI request is complex or voluminous , including details about:
• the scope of the request and the range of documents covered
• work already undertaken on the request
• any consultation with the applicant concerning length of time
• whether other agencies or parties have an interest in the request
• measures to be taken by the agency or minister to ensure a decision is made within the extended time period and to keep the applicant informed about progress”

21. The DTA have not provided any reasons of complexity based on guidelines above apart from other party’s interest. The two reasons the DTA provided as to why this FOI request was stated as “complex” was due to workload / resources - which is not relevant and also due to “possible” consultation with another agency.

22. Knowles v Australian Information Commissioner [41] [2018] FCA 1212 (15 August 2018) TRACEY J states:

“Secondly, the Commissioner was required, but had failed, to consider whether the complexity or voluminousness claimed by the Department was real and not merely hypothetical. The section impliedly required that he be satisfied on more than hypothetical grounds. The Commissioner’s FOI Case Management Manual specified that agencies should “provide measurable/quantifiable explanations and justifications as to why a matter is either complex or voluminous”. The Department’s application to extend time was largely hypothetical and lacked quantifiable justification. The hypothetical nature of the application was also evident from the fact that the Department had previously refused to carry out the searches sought by Mr Knowles. The Commissioner had erred by failing to consider this factor.”

23. The DTA have stated in their reasons that consultation with another agency was merely hypothetical and have not provided details in any measurable or quantifiable terms.

24. Based on these reasons, I can see no information provided by the DTA to justify this request as complex, except for stating possible consultation – therefore an extension should not be granted.

Dear Carl,

In your decision you state:

"I am satisfied that extenuating circumstances exist due to the COVID-19 pandemic, and this has had a direct affect on DTA and its ability to process this FOI request. Accordingly, I am satisfied that a 30 day extension of time is appropriate in this circumstance"

In the DTA submission for an extension, the COVID-19 pandemic was not given as a reason for the complexity under 15AB, or even mentioned in the request at all.

The DTA is also not the primary agency dealing with the COVID-19 pandemic.

Are you able to provide further information as to how you received that information from the DTA for consideration which went in to your decision in granting this extension?

Yours sincerely,

Chris F

Dear Carl English,

So I am correct in my assumption that the "COVID-19 pandemic" and it having a "direct affect on the DTA" was your own personal evidence that went into the decision, as it was not provided in either the DTA's advice or my response?

Yours sincerely,

Chris F