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Electronic Document and Record Management Training

Julie made this Freedom of Information request to Department of Veterans' Affairs

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From: Julie

Delivered

Dear Department of Veterans' Affairs,

Under FOI, I seek copy of any formal document (up to a maximum of 20 documents) that is used as a reference manual or training resource for Departmental staff, for Electronic Document and Record Management (EDRMS) functions.

The Department of Veterans’ Affairs uses Hewlett-Packard Enterprise Content Manager version 9.1 (HPE CM9.1) as its Electronic Document and Records Management System (EDRMS). HPE Content Manager is what used to be HPE Records Manager (version 8.1) (and then TRIM before that).

I exclude from the scope of this FOI any draft documents, or any records that merely refer to Content Manager or Electronic Document and Record Management, but do not teach or inform Departmental staff how to do something in Content Manager.

Also I seek copy of the ICT Conditions of Use policy that the Department gives to all staff as part of their new employee induction.

Yours faithfully,

Julie

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From: INFORMATION.LAW
Department of Veterans' Affairs

Good morning Julie,

FOI 25436 - FOI acknowledgement

Please accept this email as acknowledgment that the Department received your FOI request below on 7 November 2018. A decision on your request will be due by 7 December 2018.

Kind Regards,

Information Law Section | Legal Services and General Counsel Branch
Legal Assurance and Governance Division
Department of Veterans’ Affairs
E: [email address] | W: www.dva.gov.au

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From: INFORMATION.LAW
Department of Veterans' Affairs


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Dear Julie

 

I am writing with regard to your freedom of information request, received
by the Department of Veterans’ Affairs on 7 November 2018, made in the
following terms:

 

                Under FOI, I seek copy of any formal document (up to a
maximum of 20 documents) that is used as a reference manual or training
resource for Departmental staff, for Electronic Document and Record
Management (EDRMS) functions.

 

The Department of Veterans’ Affairs uses Hewlett-Packard Enterprise
Content Manager version 9.1 (HPE CM9.1) as its Electronic Document and
Records Management System (EDRMS). HPE Content Manager is what used to be
HPE Records Manager (version 8.1) (and then TRIM before that).

 

I exclude from the scope of this FOI any draft documents, or any records
that merely refer to Content Manager or Electronic Document and Record
Management, but do not teach or inform Departmental staff how to do
something in Content Manager.

 

Also I seek copy of the ICT Conditions of Use policy that the Department
gives to all staff as part of their new employee induction.

 

Can you please confirm if you are seeking the current reference manual or
training resource for Departmental staff for HPE CM9.1?

 

Please provide a response by close of business 23 November 2018. If I do
not hear from you by then, I will proceed to formally consult with you in
accordance with section 24AB of the Freedom of Information Act (1982).

 

Kind regards

 

Information Law Section | Legal Services & Assurance Branch

Department of Veterans’ Affairs

E: [1][email address]

 

[2]cid:image001.png@01D0027A.1DAB84F0

 

 

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From: INFORMATION.LAW
Department of Veterans' Affairs


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Attachment FOI 25436 s24AB Consultation notice.pdf
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Dear Julie

 

FOI 25436 – Consultation notice

 

Please find attached correspondence in relation to your freedom of
information request received by the Department of Veterans’ Affairs on 7
November 2018.

 

Kind regards

 

Information Law Section | Legal Services & Assurance Branch

Department of Veterans’ Affairs

E: [1][email address]

 

[2]cid:image001.png@01D0027A.1DAB84F0

 

 

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From: Julie

Delivered

For Julie from the DVA’s Information Law area,

I am currently in New Zealand on a holiday with my family, and missed your earlier correspondence providing only two days to give a response.

If only your Department was so prompt! Then I wouldn’t have had five deemed decisions from your Department (including a breach of an OAIC extension), some now months old with no update from the Department of Veterans’ Affairs

Given your Department’s long history of creating intentional delays and artificial barriers for access for FOI, this bizarre practical refusal consultation has much more to do with extending the due date for this FOI by a further 14 days, than engaging in any practical assistance.

You claim this FOI gives rise it gives rise to two practical refusal reasons:

> You claim the request does not provide such information as is reasonably necessary to enable the Department to identify the documents you are requesting (section 24AA(1)(a)(i) of the FOI Act);

> But then go on to contradict this stating that ‘documents can be identified’ but ‘is likely to result in a substantial and unreasonable diversion of the Department’s resources from its other operations (section 24AA(1)(b) of the FOI Act)’

Either documents can be identified or they cannot - they cannot be both at the same time.

The scope of the FOI is quite clear, as you restate it:

Under FOI, I seek copy of any formal document (up to a
maximum of 20 documents) that is used as a reference manual or training
resource for Departmental staff, for Electronic Document and Record
Management (EDRMS) functions.

The Department of Veterans’ Affairs uses Hewlett-Packard Enterprise
Content Manager version 9.1 (HPE CM9.1) as its Electronic Document and
Records Management System (EDRMS). HPE Content Manager is what used to be
HPE Records Manager (version 8.1) (and then TRIM before that).

I exclude from the scope of this FOI any draft documents, or any records
that merely refer to Content Manager or Electronic Document and Record
Management, but do not teach or inform Departmental staff how to do
something in Content Manager.

Also I seek copy of the ICT Conditions of Use policy that the Department
gives to all staff as part of their new employee induction.

You correctly surmised earlier that the current reference manual or training documents or equivalent documents for Departmental staff to use/understand HPE CM9.1 (but don’t forget the ICT Conditions of Use policy too), so you now claiming ignorance and lack of understanding is rather ridiculous.

I also find your other claim of substantial and unreasonable diversion of the Department’s resources to be equally ridiculous- to achieve this the Department would have to take 40 hours or more to process the FOI.

How providing copy of existing reference documents like current reference manual or training documents or equivalent documents for Departmental staff to use/understand HPE CM9.1 (and the ICT Conditions of Use policy) could possible take 40 hours is something you don’t explain, and logically the provision of an existing and current set of reference documents of this nature could not reasonably exceed a couple of hours.

Yet again it is apparent the Department is acting in bad faith, although I do appreciate that this FOI has avoided yet another non-response deemed decision from this Department, as seriously 5 deemed decisions from this agency is just atrocious (as is the repeated prolonged intentional delays and just sheer unethical bloody mindedness of Veterans’ Affairs).

Sincerely,

Julie

To date, I have had:
* One s 15AB granted DVA FOI extension, which even with extension, the Department did not respond and still continues to not respond;
* FIVE deemed decisions due to the refusal of the Department to adhere to statutory deadlines under the FOI Act;
* An number of poor quality ‘cut and paste’ duplicate access refusal decisions that are, frankly, untenable; and
* Unnecessary and unethical hostility from Departmental staff to the rights of access under FOI law, including in the making of last minute extensions of essentially false and unsupported claims, merely to delay access (as show by FOI 24434, where DVA - despite receiving the invalid extension - let it expire without taking any action and still is ignoring its obligation to provide a decision notice)

The history of the Department’s handling of my FOI applications made to it, are - frankly - shameful:

*DVA FOI 24057*
> Made 17 August 2018
>> Access Refusal Decision 17 September 2018 https://www.righttoknow.org.au/request/4...
>>> Reversed on Internal Review to Partial Access https://www.righttoknow.org.au/request/4...

*DVA FOI 24297*
> Made 31 August 2018 (Due 1 October 2018 due to falling on a Sunday)
>> Deemed Refusal 1 October 2018
>> 2 October 2018 Access Refusal Decision substitution over all minutes (47C & 47E), including time and attendees and titles etc https://www.righttoknow.org.au/request/4...
>>> 2 October 2018 - Internal Review applied for and decision was due 1 November 2018
>>>> Department did not respond, deemed upholding of original decision, and the DVA have not responded to follow up messages

*DVA FOI 24432*
> Made 11 September 2018
>> Department sought s 15AA extension on 27 September 2018 for additional 30 days; despite repeated requests for justifying evidence, Department failed to provide any (just generic and vague unsubstantiated claims) - no grounds identified by Department to support extension - asked Department to update me by 9 October 2018 on stage of progress but Department failed to do so
>>> Due date was 11 October 2018, Department did not respond and FOI received a deemed refusal as a result
>>>> Three seperate follow ups have been ignored by Department

*DVA FOI 24434* (This FOI)
> Made 11 September 2018 (Due 11 October 2018)
>> Department sought identical s 15AA extension on 27 September 2018 for additional 30 days (same as FOI 24432 and FOI 24465); despite repeated requests for justifying evidence, Department failed to provide any (just generic and vague unsubstantiated claims identical to those made in FOI 24432 and FOI 24465) - no grounds identified by Department to support extension - asked Department to update me by 9 October 2018 on stage of progress but Department failed to do so
>>> 10 October 2018 - on second last day of s 15(5)(b) statutory deadline, the Department without notice applied to the OAIC for a s 15AB extension instead and received it from the OAIC within hours of the application having been made - s 15AB extension granted was not on basis of being complex or voluminous but to allegedly allow for a consultation by DVA with ANAO (despite the documents sought being routine reports from its own performance management system) - third party consultations are not provided for under s 15AB, as they come under ss 26AA, 27 or 27A of the FOI Act and therefore this decision by the OAIC was invalid and beyond the power of the delegate to issue as a s 15AB decision.
>>>> 25 October 2018 - s 15AB extension granted expired on this date and yet no decision notice was provided by the DVA and the Department has failed to respond to follow up. FOI is deemed refusal and no charges can be applied as a result to future decisions.

*DVA FOI 24465*
> Made 12 September 2018
>> Department sought identical s 15AA extension on 27 September 2018 for additional 30 days (same as FOI 24432 and FOI 24434); despite repeated requests for justifying evidence, Department failed to provide any (just generic and vague unsubstantiated claims identical to those made in FOI 24432 and FOI 24434) - no grounds identified by Department to support extension - asked Department to update me by 9 October 2018 on stage of progress but Department failed to do so
>>> 3 October 2018 - Department sought revised scope to only three document categories of its choosing, a request to provide further details was ignored by the Department
>>>> On decision due date (12 October 2018) the DVA apply for s 15AB extension instead, as extension was not granted before expiry of s 15(5)(b) deadline, no charges can now be levied, and decision lapsed into deemed refusal decision
>>>>> 18 October 2018 - after submissions, the OAIC declines to grant the Department a s 15AB extension
>>>>>> 26 October 2018 - Department provides a list of 75 documents (although some are actually parts of the same document) - down from the 100+ claimed in the s 15AB application to exist - identified and asks me to select 50 from that list
>>>>>>> 29 October 2018 - I identify the 25 documents DVA may chose not to consider
>>>>>>>> 13 November - FOI now over two months old and still without a decision notice from the Department, follow-ups are just ignored by the DVA.

*DVA FOI 25066*
> Made 13 October 2018 (Due date 12 November)
>> 12 November 2018 - Full access refusal decision (s 45, s 47C & s 47E) over all minutes, including time and attendees and titles etc (identical decision to FOI 25068) https://www.righttoknow.org.au/request/4...
>>> 15 November 2018 - Internal Review Applied for (due 17 Dec 2018)

*DVA FOI 25068*
> Made 13 October 2018 (Due date 12 November)
>> 12 November 2018 - Full access refusal decision (s 45, s 47C & s 47E) over all minutes, including time and attendees and titles etc (identical decision to FOI 25066) https://www.righttoknow.org.au/request/4...
>>> 15 November 2018 - Internal Review Applied for (due 17 Dec 2018)

*DVA FOI 25070*
> Made 13 October 2018
>> Refused Access (Doesn’t exist) 25 October 2018 (Despite committee being identified by DVA’s own published Corporate Plan) (identical response to FOI 25071 & 25074 & 25075) https://www.righttoknow.org.au/request/4...
>>> 25 October 2018 - Referred to OAIC for IC Review (still waiting for allocation from OAIC)

*DVA FOI 25071*
> Made 13 October 2018
>> Refused Access (Doesn’t exist) 26 October 2018 (Despite committee being identified by DVA’s own published Corporate Plan) (identical response to FOI 25070 & 25074 & 25075) https://www.righttoknow.org.au/request/4...
>>> Internal Review applied for 26 October 2018
>>>> Refused Access (Doesn’t exist) again on 26 November 2018 (Despite committee being identified by DVA’s own published Corporate Plan)

*DVA FOI 25074*
> Made 13 October 2018
>> Refused Access (Doesn’t exist) 25 October 2018 (Despite committee being identified by DVA’s own published Corporate Plan) (identical response to FOI 25070 & 25071 & 25075) https://www.righttoknow.org.au/request/4...
>>> 25 October 2018 - Referred to OAIC for IC Review (still waiting for allocation from OAIC)

*DVA FOI 25075*
> Made 13 October 2018
>> Refused Access (Doesn’t exist) 25 October 2018 (Despite committee being identified by DVA’s own published Corporate Plan) (identical response to FOI 25070 & 25071 & 25074) https://www.righttoknow.org.au/request/4...
>>> 25 October 2018 - Referred to OAIC for IC Review (still waiting for allocation from OAIC)

*DVA FOI 25115*
> Made 11 October 2018 (Due 12 November)
>> Partial Release decision 12 November, consisting almost wholly of my own emails, with more than 75% of the rest of pages fully redacted (just blacked out pages) https://www.righttoknow.org.au/request/4... https://www.righttoknow.org.au/request/4...
>>> Internal Review applied for 15 November 2018 (Due 17 Dec)

*DVA FOI 25436*
> Made 7 November 2018; still awaiting decision (due 7 December)

*DVA FOI (Unallocated)*
> Made 15 November 2018; still awaiting acknowledgment

*AAR - LEX 25117*
> Made 15 October 2018
>> Received partial release of material on 13 November 2018

Only the AAR was reasonable in the Department’s response, which has to be assessed as being the remarkable outlier from the overwhelming majority of the Department of Veterans’ Affairs responses.

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From: INFORMATION.LAW
Department of Veterans' Affairs

Dear Julie

I am writing with regard to your below email.

As advised in the consultation notice, the practical refusal reasons exist because the Department is unable to identify some (not all) of the documents falling within the scope of your request and to the extent that some documents can be identified, processing your request, as best the Department can understand the terms of your request is a substantial and unreasonable diversion from the Department's other operations.

I have taken your revised FOI request to be for:

current reference manual or training documents or equivalent documents for Departmental staff to use/understand HPE CM9.1
ICT Conditions of Use policy

Noting that the consultation period ends on 10 December 2018, if I have misunderstood your correspondence and revised request, please respond to this email and clearly advise whether you are withdrawing your request, making a revised request or indicate that you do not wish to revise your request.

Kind regards

Information Law Section | Legal Services & Assurance Branch
Department of Veterans’ Affairs
E: [email address]

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From: Julie

Delivered

You have identified the documents relevant to my original FOI, despite you calling them the revised scope, in your email, of 29 November 2018.

I find these ridiculous games unhelpful (which includes the multiple deemed decisions received from the Department over the last couple of months, which the Department refuses to deal with).

Can’t we just, for once, have the Department properly process an FOI without a bucket load of bad faith being thrown on it.

Julie

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From: INFORMATION.LAW
Department of Veterans' Affairs


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Attachment FOI 25436 Statement of Reasons.pdf
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Attachment FOI 25436 Document final.pdf
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Dear Julie

 

FOI 25436 - Decision and Statement of Reasons

 

Please find attached the decision relating to your freedom of information
request received by the Department of Veterans’ Affairs on 7 November
2018.

 

Kind regards

 

Information Law Section | Legal Services & Assurance Branch

Department of Veterans’ Affairs

E: [1][email address]

 

[2]cid:image001.png@01D0027A.1DAB84F0

 

 

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