Final Report on Unlawful Decision-Making

The request was partially successful.

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

FREEDOMOFINFORMATION, Services Australia

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FOI.LEGAL.TEAM, Services Australia

2 Attachments

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
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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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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

FOI.LEGAL.TEAM, Services Australia

1 Attachment

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

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Aboriginal and Torres Strait Islander nations.

 

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Frank N Fearless

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

FOI.LEGAL.TEAM, Services Australia

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.

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FOI.LEGAL.TEAM, Services Australia

1 Attachment

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

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servicesaustralia.gov.au and icons representing our social media accounts.
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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
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received this communication in error please notify the sender immediately
and permanently delete this email.

 

 

 

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OAIC - FOI DR,

4 Attachments

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]
 
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Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
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FOI.LEGAL.TEAM, Services Australia

3 Attachments

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.

 

 

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