FOI Request Regarding Bupa Survey for CVC Program

Currently waiting for a response from Department of Veterans' Affairs, they should respond promptly and normally no later than (details).

Dear Department of Veterans Affairs, FOI Officer;

It is requested that you provide the following information:

a. Copy of a document that outlines what personal and confidential medical information about individual veterans participating in the CVC program, was provided by DVA to Bupa Medical (GP) Pty Ltd for Bupa to complete the CVC Survey i.e. name, address etc?, and

b. Copy of a document that outlines what personal and confidential medical information about individual veterans participating in the CVC program, was provided by Bupa Medical (GP) Pty Ltd to Medallia Australia Pty Ltd, to complete the CVC Survey i.e. name, address etc?

In considering The Privacy Act 1988 (Cth) Sect 95A Guidelines for Australian Privacy Principles about health information and in this case for Veterans, it is my understanding, the Privacy Commissioner must approve for the purposes of the Australian Privacy Principles guidelines that are issued by the CEO of the National Health and Medical Research Council or a prescribed authority.

Approving guidelines for use and disclosure include the following under Sect 95A (2):

(2) For the purposes of paragraph 16B(3)(c), the Commissioner may, by notice in the Gazette, approve guidelines that relate to the use and disclosure of health information for the purposes of research, or the compilation or analysis of statistics, relevant to public health or public safety.

considering the above Sect 95A (2), it is requested that you provide a copy of the following document if it exists:

a. A copy of the notice listed in the Australian Government Gazette, that approves the guidelines that relate to the use and disclosure of health information for Veterans in relation to the Bupa CVC Survey. Or alternatively, provide information that the Gazette Notice does not exist?

Sect 95A also outlines the Approving guidelines for collection where Sect 95A (4) states:

(4) For the purposes of subparagraph 16B(2)(d)(iii), the Commissioner may, by notice in the Gazette, approve guidelines that relate to the collection of health information for the purposes of:

(a) research, or the compilation or analysis of statistics, relevant to public health or public safety; or

(b) the management, funding or monitoring of a health service.

In considering the Sect 95A (4) principles above, it is requested that you also provide a copy of the following if it exists:

a. A copy of the notice listed in the Australian Government Gazette, that approves the guidelines that relate to the use and disclosure of health information for Veterans in relation to the Bupa CVC Survey. Or alternatively, provide information that the Gazette Notice does not exist?

Yours faithfully,

Brett Wilson

Dear Department of Veterans' Affairs,

In addition to my FOI Request, the following information is also requested:

Considering The Privacy Act 1988, Sect 95B Requirements for Commonwealth contracts, and specifically Sect 95B (3) where: ''The agency must also ensure that the Commonwealth contract contains provisions to ensure that such an act or practice is not authorised by a subcontract.''

It is requested that you also provide a copy of the following information:

a. A copy of a legal instrument or a document that lawfully over rides Sect 95B Requirements for Commonwealth contracts, allowing Bupa to subcontract the (CVC) program Survey to Medallia Australia Pty Ltd (Medallia) a third party and subcontractor.

Yours faithfully

Brett Wilson

Yours faithfully,

Brett Wilson

INFORMATION.LAW, Department of Veterans' Affairs

1 Attachment

Dear Mr Wilson

 

Acknowledgement of your Freedom of Information (FOI) Request – FOI 40556

 

I refer to your requests for access to documents held by the Department of
Veterans’ Affairs (Department) under the Freedom of Information Act 1982
(Cth) (FOI Act).

 

Your requests were received in two separate emails by the Department on 1
February 2021 and was made in the following terms:

 

…It is requested that you provide the following information:

 

a. Copy of a document that outlines what personal and confidential medical
information about individual veterans participating in the CVC program,
was provided by DVA to Bupa Medical (GP) Pty Ltd for Bupa to complete the
CVC Survey i.e. name, address etc?, and

 

b. Copy of a document that outlines what personal and confidential medical
information about individual veterans participating in the CVC program,
was provided by Bupa Medical (GP) Pty Ltd to Medallia Australia Pty Ltd,
to complete the CVC Survey i.e. name, address etc?...

 

… it is requested that you provide a copy of the following document if it
exists:

 

a. A copy of the notice listed in the Australian Government Gazette, that
approves the guidelines that relate to the use and disclosure of health
information for Veterans in relation to the Bupa CVC Survey. Or
alternatively, provide information that the Gazette Notice does not
exist?...

 

… it is requested that you also provide a copy of the following if it
exists:

 

a.       A copy of the notice listed in the Australian Government Gazette,
that approves the guidelines that relate to the use and disclosure of
health information for Veterans in relation to the Bupa CVC Survey. Or
alternatively, provide information that the Gazette Notice does not exist?

 

…It is requested that you also provide a copy of the following
information:

 

a. A copy of a legal instrument or a document that lawfully over rides
Sect 95B Requirements for Commonwealth contracts, allowing Bupa to
subcontract the (CVC) program Survey to Medallia Australia Pty Ltd
(Medallia) a third party and subcontractor…

 

I note that your requests will be processed as one single request, with
the reference FOI 40556.

 

In accordance with section 15(5)(b) of the FOI Act, the due date for a
decision on your request is 3 February 2021.

 

Removal of non-SES staff details for more efficient decision making

 

To allow for more efficient decision making, the Department will remove
all non-SES staff names and contact details from documents falling within
the scope of your request. This will not include those staff details that
have been provided to you, such as in correspondence sent by the staff
member to you.

The need to assess whether staff details should be withheld adds to the
decision making time. The Department is committed to processing as many
access requests as it can during the pandemic. This means ensuring
requests are specific and that they allow for more efficient decision
making.

 

On this basis, unless you tell us otherwise, we will assume that these
staff details are excluded from the scope of your request and they will be
redacted under section 22 of the FOI Act; as being irrelevant to your
request.

 

When the processing period may be extended or suspended

 

The current due date may be extended by up to 30 days if agreed by you
(section 15AA of the FOI Act). Also, the due date may be extended by an
additional 30 days in each instance, if your request is considered
voluminous or complex (section 15AB of the FOI Act) or if the Department
is required to undertake a third party consultation (sections 26A, 27 or
27A of the FOI Act). If any of these extensions apply, the Department will
notify you.

 

Additionally, there are occasions where the time to process your request
may be suspended. This will usually take place if a practical refusal
consultation process takes place (section 24AB of the FOI Act) or if a
charges notice is issued to process your request (section 29 of the FOI
Act). If the Department decides that either of these apply to your
request, the Department will notify you.

 

Communication with you

 

The FOI Act requires that you provide us with an address which we can send
notices to. You have advised your electronic address is
[1][FOI #7047 email].We will send all notices
and correspondence to this address. Please advise us if you wish
correspondence to be sent to another address or if your address changes.
If you do not advise us of changes to your address, correspondence and
notices will continue to be sent to the address specified above.

 

Contacting us about your FOI request

 

We will email again when the Department has more information. Should you
have any enquiries concerning this matter, please send an email to
[2][email address]

 

Further information on FOI processing can be found at the website of the
OAIC at [3]https://www.oaic.gov.au/freedom-of-infor....

 

Yours sincerely,

 

Tayla (Position Number 62213294)

Information Access Officer

Information Law Section

Legal Services and Audit Branch

Department of Veterans’ Affairs

t 1800 555 254 | e [4][email address] | [5]www.dva.gov.au

p GPO Box 9998, Canberra ACT 2601

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

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IMPORTANT: This document contains legal advice and may be subject to legal
professional privilege. Unless it is waived or lost, legal professional
privilege is a rule of law that, in part, provides that the client need
not disclose confidential communications between a legal practitioner and
client. To keep this privilege, the purpose and content of this advice
must only be disclosed to persons who have a need to know and on the basis
that those persons also keep it confidential.

You should consider this advice and take it into account when forming a
decision on how best to proceed. If you decide to adopt a position that
does not align with this advice, you should not state that DVA Legal
Services & Audit Branch has cleared or endorsed a particular position.

 

 

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