Final Report on Unlawful Decision-Making
Dear Services Australia,
I seek "the final report which is currently in the process of being drafted" which is referred to in my previous FOI, Lex 78384. That is; the final report on the samples prepared by Services Australia to inform decisions on whether and how to waive or remediate its mountain of unlawful calculations.
With unlawful decision-making sitting somewhere between 54%-80% of all employment income related debts from 2003-2021, the public interest in disclosure is particularly compelling.
Yours faithfully,
Frank N Fearless
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Dear Frank N Fearless,
Please find attached an acknowledgement letter dated 4 April 2024 in
relation to your request for access to documents under the Freedom of
Information Act 1982.
Junior Staff Details
The Agency is working towards ensuring all staff have a choice about
whether they provide their full name, personal logon identifiers and
direct contact details in response to public enquiries. Where such details
are included in the scope of a request, this may add to processing time
and applicable charges as it may be necessary to consider whether the
details are exempt under the FOI Act. On this basis, we would be grateful
for your written confirmation that you consent to staff details being
outside of the scope of your request.
If you agree to this, please respond to this email with ‘I agree’ by close
of business 8 April 2024.
Yours sincerely,
Tara, Authorised FOI Decision Maker
Freedom of Information and Reviews Branch, Legal Services
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agency’s progress story for First Nations people.
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live on. We pay our respects to all Elders, past and present, of all
Aboriginal and Torres Strait Islander nations.
This email and any attachments may contain information subject to legal
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IMPORTANT: This e-mail is for the use of the intended recipient only and
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subject to legal or parliamentary privilege. If you are not the intended
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Dear FOI.LEGAL.TEAM,
It appears that this request went past deadline and was deemed refused? If I could have confirmation of this please as soon as possible, to avoid me having to lodge with OAIC. I request that this be dealt with with alacrity: particularly given the recent media coverage and civil society's need to lobby on this issue for urgent consideration in the budget.
Yours sincerely,
Frank N Fearless
Dear Sir/Madam,
Thank you for your email.
The decision for LEX 78943 was due for notification on 26 April 2024. As
the decision was not notified by this date, it is considered deemed
pursuant to section 15AC of the FOI Act.
We are preparing a statement of reasons, which we will issue, with any
documents, as soon as possible.
Yours sincerely
Tara, Authorised FOI Decision Maker
Freedom of Information and Reviews Branch, Legal Services
[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.
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.
-----Original Message-----
From: Frank N Fearless <[FOI #11267 email]>
Sent: Monday, April 29, 2024 9:12 AM
To: FOI.LEGAL.TEAM <[email address]>
Subject: Re: LEX 78943 – Freedom of Information Request - Acknowledgement
[SEC=OFFICIAL]
Caution: Do not click any links or open any attachments unless you trust
the sender and believe the content to be safe.
Dear FOI.LEGAL.TEAM,
It appears that this request went past deadline and was deemed refused? If
I could have confirmation of this please as soon as possible, to avoid me
having to lodge with OAIC. I request that this be dealt with with
alacrity: particularly given the recent media coverage and civil society's
need to lobby on this issue for urgent consideration in the budget.
Yours sincerely,
Frank N Fearless
-----Original Message-----
Dear Frank N Fearless,
Please find attached an acknowledgement letter dated 4 April 2024 in
relation to your request for access to documents under the Freedom of
Information Act 1982.
Junior Staff Details
The Agency is working towards ensuring all staff have a choice about
whether they provide their full name, personal logon identifiers and
direct contact details in response to public enquiries. Where such
details are included in the scope of a request, this may add to
processing time and applicable charges as it may be necessary to consider
whether the details are exempt under the FOI Act. On this basis, we would
be grateful for your written confirmation that you consent to staff
details being outside of the scope of your request.
If you agree to this, please respond to this email with ‘I agree’ by
close of business 8 April 2024.
Yours sincerely,
Tara, Authorised FOI Decision Maker
Freedom of Information and Reviews Branch, Legal Services
[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.
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.
References
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Please use this email address for all replies to this request:
[2][FOI #11267 email]
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
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IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
e-mail
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References
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3. https://www.righttoknow.org.au/help/offi...
Dear FOI.LEGAL.TEAM,
Thanks for the update. Can I confirm if you will be seeking an extension of time from OAIC under section 15AC of the FOI Act - an action that preserves my internal review rights?
In past instances of deemed refusal, Services Australia has supplied me with a date by which to expect the decision. You have also confirmed you will be approaching for a section 15AC(4) and (5) extension.
Knowing this allows me to make to submissions on conditions OAIC may impose under 15AC (6).
Yours sincerely,
Frank N Fearless
Dear Sir/Madam,
Thank you for your email.
I can confirm the Agency has sought an extension of time from OAIC under section 15AC of the FOI Act until 6 May 2024. The effect of the extension of time, if granted, will restore your right of internal review of the decision once it has been made.
Yours sincerely
Philippa, Authorised FOI Decision Maker
[email address]
Freedom of Information Team, Legal Services Division
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.
-----Original Message-----
From: Frank N Fearless <[FOI #11267 email]>
Sent: Wednesday, May 1, 2024 12:28 PM
To: FOI.LEGAL.TEAM <[email address]>
Subject: RE: LEX 78943 – Freedom of Information Request - Acknowledgement [SEC=OFFICIAL]
Caution: Do not click any links or open any attachments unless you trust the sender and believe the content to be safe.
Dear FOI.LEGAL.TEAM,
Thanks for the update. Can I confirm if you will be seeking an extension of time from OAIC under section 15AC of the FOI Act - an action that preserves my internal review rights?
In past instances of deemed refusal, Services Australia has supplied me with a date by which to expect the decision. You have also confirmed you will be approaching for a section 15AC(4) and (5) extension.
Knowing this allows me to make to submissions on conditions OAIC may impose under 15AC (6).
Yours sincerely,
Frank N Fearless
-----Original Message-----
Dear Sir/Madam,
Thank you for your email.
The decision for LEX 78943 was due for notification on 26 April 2024. As the decision was not notified by this date, it is considered deemed pursuant to section 15AC of the FOI Act.
We are preparing a statement of reasons, which we will issue, with any documents, as soon as possible.
Yours sincerely
Tara, Authorised FOI Decision Maker
Freedom of Information and Reviews Branch, Legal Services
[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.
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.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #11267 email]
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
********************************************************************** IMPORTANT: This e-mail is for the use of the intended recipient only and may contain information that is confidential, commercially valuable and/or subject to legal or parliamentary privilege. If you are not the intended recipient you are notified that any review, re-transmission, disclosure, dissemination or other use of, or taking of any action in reliance upon, this information is prohibited and may result in severe penalties. If you have received this e-mail in error please notify the sender immediately and delete all electronic and hard copies of this transmission together with any attachments. Please consider the environment before printing this e-mail **********************************************************************
Dear Sir/Madam,
I am writing with respect to your decision for LEX 78943.
As notified last week, we requested an extension of time to today, 6 May
2024, under section 15AC of the FOI Act from the OAIC.
The Agency has prepared your decision and is ready to notify, however we
were advised by the OAIC this afternoon they are unable to make a decision
on the request for an extension of time until Wednesday 8 May 2024.
On this basis, we propose to notify your decision on Wednesday 8 May 2024.
Yours sincerely,
Tara, Authorised FOI Decision Maker
Freedom of Information and Reviews Branch, Legal Services
[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.
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.
-----Original Message-----
From: FOI.LEGAL.TEAM <[email address]>
Sent: Thursday, May 2, 2024 1:54 PM
To: Frank N Fearless <[FOI #11267 email]>
Cc: FOI.LEGAL.TEAM <[email address]>
Subject: RE: LEX 78943 – Freedom of Information Request - Acknowledgement
[SEC=OFFICIAL]
Dear Sir/Madam,
Thank you for your email.
I can confirm the Agency has sought an extension of time from OAIC under
section 15AC of the FOI Act until 6 May 2024. The effect of the extension
of time, if granted, will restore your right of internal review of the
decision once it has been made.
Yours sincerely
Philippa, Authorised FOI Decision Maker
[2][email address]
Freedom of Information Team, Legal Services Division
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.
-----Original Message-----
From: Frank N Fearless <[3][FOI #11267 email]>
Sent: Wednesday, May 1, 2024 12:28 PM
To: FOI.LEGAL.TEAM <[4][email address]>
Subject: RE: LEX 78943 – Freedom of Information Request - Acknowledgement
[SEC=OFFICIAL]
Caution: Do not click any links or open any attachments unless you trust
the sender and believe the content to be safe.
Dear FOI.LEGAL.TEAM,
Thanks for the update. Can I confirm if you will be seeking an extension
of time from OAIC under section 15AC of the FOI Act - an action that
preserves my internal review rights?
In past instances of deemed refusal, Services Australia has supplied me
with a date by which to expect the decision. You have also confirmed you
will be approaching for a section 15AC(4) and (5) extension.
Knowing this allows me to make to submissions on conditions OAIC may
impose under 15AC (6).
Yours sincerely,
Frank N Fearless
-----Original Message-----
Dear Sir/Madam,
Thank you for your email.
The decision for LEX 78943 was due for notification on 26 April 2024. As
the decision was not notified by this date, it is considered deemed
pursuant to section 15AC of the FOI Act.
We are preparing a statement of reasons, which we will issue, with any
documents, as soon as possible.
Yours sincerely
Tara, Authorised FOI Decision Maker
Freedom of Information and Reviews Branch, Legal Services
[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.
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.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[5][FOI #11267 email]
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[6]https://aus01.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
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IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
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this information is prohibited and may result in severe penalties. If you
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Our reference: RQ24/01636
Agency reference: LEX 78943
Agency Name: Services Australia
Applicant Name: Frank N Fearless
Extension of time under s 15AC
Dear Parties,
Please find attached an extension of time decision relating to Frank N
Fearless’s FOI request with the Services Australia.
A copy has been sent to the applicant.
Kind regards,
[1][IMG] Sussan J
Review Adviser
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001
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
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Dear Sir/Madam
Please find attached a decision dated 6 May 2024 and documents in
relation to your request under the Freedom of Information Act 1982.
Should you have any difficulty opening the attachments, please contact me
by replying to this email.
Yours sincerely,
Tara, Authorised FOI Decision Maker
Freedom of Information and Reviews Branch, Legal Services
[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.
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.
**********************************************************************
IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
e-mail
**********************************************************************
References
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