Bertha Binderschmitt

Attention: Freedom of Information Officer

Dear Freedom of Information Officer,

I hope this email finds you well. Pursuant to the Freedom of Information Act 1982 (Cth) ("the Act"), I, Ms. Bertha Binderschmitt, am writing to formally request access to all emails, correspondence, and reports exchanged between Comcare Inspectorate employees and the NDIS Quality and Safeguards Commission's HR department or current Senior Executive Service (SES) officers, as well as former COO Mr. Jason Stott, former Commissioner Graham Head, and former Registrar/Advisor to the Commissioner Samantha Taylor.

The request pertains to communications from 1 July 2019 to today, 27 March 2023, concerning areas of concern within Comcare's area of responsibility, as well as any documentation relating to Comcare compliance action against the Commission, if applicable.

For clarity, the areas of concern may include, but are not limited to, the following examples of Comcare's Inspectorate responsibilities over an Australian Public Service (APS) agency, as outlined on the Comcare website:

Monitoring and enforcing compliance with the Work Health and Safety Act 2011 (Cth)

Providing advice and guidance on work health and safety matters

Investigating workplace incidents

Undertaking workplace inspections

Please note that the above examples are not an exhaustive list, and my request covers any other areas of concern within Comcare's jurisdiction. Moreover, I am not requesting any personal or private information of individual claimants, nor am I seeking any correspondence that pertains to specific claim data.

In the event that some of the requested information is exempt from disclosure under the Act, I kindly ask that you provide me with the non-exempt portions of the documentation. Furthermore, considering the public interest in the operations of the NDIS Quality and Safeguards Commission, I respectfully request that any fees associated with the processing of this request be waived.

I appreciate your assistance in this matter and look forward to your timely response.

Yours sincerely,

Ms. Bertha Binderschmitt

foi, Comcare

Thank you for your email to Freedom of Information (FOI) at Comcare. If
your request meets the requirements for a valid FOI request, an
acknowledgement letter will be sent to you within 14 days. Otherwise, FOI
staff will contact you to discuss your request.

 

 

NOTICE: This e-mail message and attachments may contain confidential,
personal or legally privileged information. If you are not the intended
recipient you should not use or disclose any information in the message or
attachments. If received in error, please notify the sender by return
email immediately, if possible, or [email address].
Comcare does not waive any confidentiality or privilege. For information
about how we handle personal information, please visit
www.comcare.gov.au/privacy or contact us on 1300 366 979 and request a
copy of our Privacy Policy

foi, Comcare

OFFICIAL

 

Dear Bertha,

 

Thank you for your email of 27 March 2023, seeking access under the
Freedom of Information Act 1982 (the FOI Act) to the following documents:

 

all emails, correspondence, and reports exchanged between Comcare
Inspectorate employees and the NDIS Quality and Safeguards Commission's HR
department or current Senior Executive Service (SES) officers, as well as
former COO Mr. Jason Stott, former Commissioner Graham Head, and former
Registrar/Advisor to the Commissioner Samantha Taylor.

 

The request pertains to communications from 1 July 2019 to today, 27 March
2023, concerning areas of concern within Comcare's area of responsibility,
as well as any documentation relating to Comcare compliance action against
the Commission, if applicable.

 

For clarity, the areas of concern may include, but are not limited to, the
following examples of Comcare's Inspectorate responsibilities over an
Australian Public Service (APS) agency, as outlined on the Comcare
website:

 

Monitoring and enforcing compliance with the Work Health and Safety Act
2011 (Cth)

 

Providing advice and guidance on work health and safety matters

 

Investigating workplace incidents

 

Undertaking workplace inspections

 

Please note that the above examples are not an exhaustive list, and my
request covers any other areas of concern within Comcare's jurisdiction.
Moreover, I am not requesting any personal or private information of
individual claimants, nor am I seeking any correspondence that pertains to
specific claim data.

 

Comcare received your request on 27 March 2023, and it has been assigned
reference number 2023/796. Please include that number in any
communication you have with Comcare concerning the request.

 

Information on processing of your request is set out below.

 

Clarification of scope

 

I have been in contact with the relevant business area to ask them to
undertake searches for the documents you have requested. In order to
assist Comcare with these searches, we would appreciate you providing the
names of other NDIS staff whose correspondence you are seeking. The
business area needs specific keywords with which to search their records,
and without the names of specific individuals (in addition to the names
provided, being Jason Stott, Graham Head and Samantha Taylor), the
business area would otherwise be required to manually search all
correspondence to/from NDIS for the requested period.

 

In addition, are you seeking emails from specific Comcare staff to the
abovenamed parties, or from any Comcare Inspectorate employees?

 

Your clarity on these matters ASAP would be greatly appreciated. Please
note, if your request is not able to be sufficiently confirmed, I may need
to proceed to issue a 24AB consultation (intention to refuse).

 

Timeframe for processing your request

 

The statutory timeframe for processing your request is 30 days from the
day after it was received by Comcare, which means a decision on your
request is due to be notified to you by 26 April 2023.

 

 This timeframe may change where:

 

a)      we are required to consult with you because your request is not
clear or would require a substantial diversion of Comcare’s resources to
process;

b)      we are required to consult with third parties if their information
is included in a document you have requested;

c)       you are issued a charge for processing your request;

d)      we receive written agreement from you; or

 e. we receive an extension from the Information Commissioner.

Administrative Release of Documents

 

Comcare has administrative access arrangements for the release of certain
documents without the need for a formal FOI request. Unless you tell us
otherwise, we may provide you with documents under these administrative
access arrangements instead of processing the documents formally under the
FOI Act. We will notify you if documents are released to you under the
arrangements.

 

Exclusion of employee details 
 
Where the full name and contact details of Comcare staff members 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, unless you tell us otherwise,
we will assume that these details are out of scope of your request
and they will be deleted under section 22 of the FOI Act. 

 

Consultation with third parties

 

The FOI Act requires Comcare to undertake consultation prior to making any
decision to grant access to documents (subject to exemptions) that
contain:

·       information that originated with, or was received from, a State or
an authority of a State;

·       information that originated with, or was received from, a foreign
government, an authority of a foreign government or an international
organisation;

·       information concerning a person's business or commercial affairs,
or the business, commercial or financial affairs of an organisation or
undertaking; or

o personal information about a person (including a deceased person).

 

We will advise you as soon as possible if external consultation is
required.

 

Charges

 

Comcare will advise you if a charge is payable to process your request, as
set out in the FOI Charges Regulations.

 

No charge is payable for providing a person with their own personal
information. 

 

Disclosure log 
 
Please note that information released under FOI Act may be published in a
disclosure log on Comcare’s website. Section 11C of the FOI Act requires
this publication, however it is subject to certain exceptions, including
where publication of personal, business, professional or commercial
information would be unreasonable. 

 

Contact

 

Should you require clarification of any of the matters discussed in this
email, or have any queries throughout the process, please contact me by
email to  [1][Comcare request email].

 

Yours sincerely

Sam

Senior Statutory Oversight Officer | Legal Group

Comcare

 

GPO Box 9905, Canberra ACT 2601

Ph 1300 366 979  | Fax 1300 196 971  | Email: [2][Comcare request email]

NOTICE: This e-mail message and attachments may contain confidential,
personal or legally privileged information. If you are not the intended
recipient you should not use or disclose any information in the message or
attachments. If received in error, please notify the sender by return
email immediately, if possible, or [email address].
Comcare does not waive any confidentiality or privilege. For information
about how we handle personal information, please visit
www.comcare.gov.au/privacy or contact us on 1300 366 979 and request a
copy of our Privacy Policy

References

Visible links
1. mailto:[Comcare request email]
2. mailto:[Comcare request email]

Bertha Binderschmitt

Dear Freedom of Information Officer,

Thank you for your email dated 30 March 2023, acknowledging my Freedom of Information request (Ref: 2023/796) seeking access to documents related to communications between Comcare Inspectorate employees and the NDIS Quality and Safeguards Commission's HR department or current Senior Executive Service (SES) officers.

To help facilitate the search for the requested documents, I am seeking correspondence from any Comcare Inspectorate employees to the following NDIS Quality and Safeguards Commission's SES officers, including their respective titles during the requested period:

Jason Gary Stott - COO
Lisa Claire Pulko - COO
Samantha Jane Taylor - Registrar, Acting Commissioner and advisor to the Commissioner.
Jeffrey Beng-Choon Chan - Senior Practitioner
Melissa Jane Clements - Acting Registrar
Robert William Griew - Complaints Commissioner
Lynne Maree Coulson Barr - Acting Complaints Commissioner
Sian Mary Leathem - Complaints Commissioner
Tracy Anne Mackey - Commissioner
Graeme Head - Commissioner
Simone Illett - Chief People Officer
Sushila Shandil - Former Acting Chief People Officer
Alec Forbes - Former Acting Chief People Officer
Joseph Hanna - Former Acting Chief Operating Officer
Miranda Bruynicks - Former Complaints Commissioner
(SES information obtained from transparency.gov.AU)

Additionally, I understand that the full name and contact details of Comcare staff members and NDIS commission APS 1 - EL 2 staff may be included in the scope of my request. I agree that these details are out of scope for my request, and they may be deleted under section 22 of the FOI Act.

Please do not hesitate to contact me if you require any further information or clarification to process this request. I appreciate your assistance in this matter.

Yours sincerely,

Bertha Binderschmitt

foi, Comcare

Thank you for your email to Freedom of Information (FOI) at Comcare. If
your request meets the requirements for a valid FOI request, an
acknowledgement letter will be sent to you within 14 days. Otherwise, FOI
staff will contact you to discuss your request.

 

 

NOTICE: This e-mail message and attachments may contain confidential,
personal or legally privileged information. If you are not the intended
recipient you should not use or disclose any information in the message or
attachments. If received in error, please notify the sender by return
email immediately, if possible, or [email address].
Comcare does not waive any confidentiality or privilege. For information
about how we handle personal information, please visit
www.comcare.gov.au/privacy or contact us on 1300 366 979 and request a
copy of our Privacy Policy

Bertha Binderschmitt

Dear Comcare,

I am seeking an update on the request.

Yours faithfully,

Bertha Binderschmitt

foi, Comcare

Thank you for your email to Freedom of Information (FOI) at Comcare. If
your request meets the requirements for a valid FOI request, an
acknowledgement letter will be sent to you within 14 days. Otherwise, FOI
staff will contact you to discuss your request.

 

 

NOTICE: This e-mail message and attachments may contain confidential,
personal or legally privileged information. If you are not the intended
recipient you should not use or disclose any information in the message or
attachments. If received in error, please notify the sender by return
email immediately, if possible, or [email address].
Comcare does not waive any confidentiality or privilege. For information
about how we handle personal information, please visit
www.comcare.gov.au/privacy or contact us on 1300 366 979 and request a
copy of our Privacy Policy

foi, Comcare

UNOFFICIAL
Dear Bertha,

Thank you for your email. A decision at this stage is due to be communicated to you 30 days after the request was received by Comcare; which means a decision on your request is due to be notified to you by 26 April 2023.

Please note that this timeframe may change where:

a) we are required to consult with you because your request is not clear or would require a substantial diversion of Comcare’s resources to process;
b) we are required to consult with third parties if their information is included in a document you have requested;
c) you are issued a charge for processing your request;
d) we receive written agreement from you; or
e) we receive an extension from the Information Commissioner

Yours sincerely,
Sam
Senior Statutory Oversight Officer | Legal Group
Comcare

GPO Box 9905, Canberra ACT 2601
Ph 1300 366 979 | Fax 1300 196 971 | Email: [Comcare request email]

show quoted sections

foi, Comcare

UNOFFICIAL
Dear Bertha,

I refer to your FOI request dated 27 March 2023, seeking access to regulatory documents relating to NDIS Quality and Safeguards Commission.

Third party personal information
Under section 27A of the FOI Act, where Comcare receives a request which includes documents containing information which concerns the personal privacy of a third party, and Comcare believes that the third party may reasonably wish to contend that the documents are conditionally exempt from release under section 47F the FOI Act, and access to the documents would be contrary to the public interest, Comcare is required to consult with the third party before releasing the documents.
Your request includes documents which concern the personal privacy of third parties. I am satisfied that the third parties might reasonably make an exemption contention. On this basis, Comcare is required to consult with the third parties under section 27A of the FOI Act before making a decision on the release of those documents.

Third party business information
Under section 27 of the FOI Act, where Comcare receives a request which includes documents containing information (business information) in respect of a person, organisation or undertaking, and Comcare believes that the organisation may reasonably wish to contend that the documents are exempt from release under section 47 or 47G of the FOI Act, Comcare is required to consult with the person, organisation or undertaking before releasing the documents.
Your request includes documents containing business information in respect of a person, organisation or undertaking. I am satisfied that the person, organisation or undertaking might reasonably make a contention that the information is exempt under section 47 or 47G of the FOI Act. On this basis, Comcare is required to consult with this person, organisation or undertaking under section 27 of the FOI Act before making a decision on the release of those documents.

Processing period extended
For these reasons, the period for processing your request has been extended by 30 days in order to allow Comcare time to consult with the third parties regarding the personal and business information contained in the requested documents (section 15(6) of the FOI Act). The processing period for your request will now end on Friday, 26 May 2023.

Yours sincerely,
Sam
Senior Statutory Oversight Officer | Legal Group
Comcare

GPO Box 9905, Canberra ACT 2601
Ph 1300 366 979 | Fax 1300 196 971 | Email: [Comcare request email]

show quoted sections

foi, Comcare

1 Attachment

OFFICIAL

 

Dear Bertha,

 

Please see attached latest correspondence in relation to your FOI request,
our reference 2023/796.

 

Yours sincerely,

Sam

Senior Statutory Oversight Officer | Legal Group

Comcare

 

GPO Box 9905, Canberra ACT 2601

Ph 1300 366 979  | Fax 1300 196 971  | Email: [1][email address]

 

NOTICE: This e-mail message and attachments may contain confidential,
personal or legally privileged information. If you are not the intended
recipient you should not use or disclose any information in the message or
attachments. If received in error, please notify the sender by return
email immediately, if possible, or [email address].
Comcare does not waive any confidentiality or privilege. For information
about how we handle personal information, please visit
www.comcare.gov.au/privacy or contact us on 1300 366 979 and request a
copy of our Privacy Policy

References

Visible links
1. mailto:[email address]

Bertha Binderschmitt

Dear Sam,

I appreciate the concerns you have raised regarding the potential exemptions under the FOI Act, which may apply to the requested information. In order to address these concerns and facilitate the processing of my FOI request, I would like to offer the following suggestions to move forward:

1. Subsection 37(1): I fully understand the importance of not jeopardising ongoing investigations into breaches or possible breaches of law. To mitigate this concern, I am more than willing to exclude any documents that specifically pertain to active investigations. Instead, I would like to focus my request on completed investigations only. This approach should help ensure that no ongoing investigations are adversely affected by the release of information.

2. Section 47C: While I acknowledge that certain deliberative material may be exempt from release under the FOI Act, my primary interest lies in obtaining factual information and the final outcomes of any discussions, rather than the deliberative content itself. By focusing on these aspects, we can maintain the integrity of Comcare's decision-making processes while still promoting transparency and accountability in the public interest.

3. Section 45: I completely respect the need to protect confidential information and have no intention of causing any harm or discomfort to individuals or organisations involved. Should any documents contain confidential information, I would be content with receiving redacted versions where such information has been removed, thereby protecting the confidentiality of the parties involved.

4. Section 47E(d): I recognise that releasing certain information may have an adverse impact on Comcare's operations. However, my intention is to promote transparency and accountability in the public interest, which is a crucial aspect of maintaining trust and confidence in government agencies. If specific documents or information do indeed fall under this exemption, I kindly request a brief explanation as to why releasing such information would be contrary to the public interest. This approach will allow me to better understand the reasoning behind the decision and ensure that the public interest is upheld.

5. Section 47F: The protection of personal privacy is of utmost importance, and I share your concern in this regard. Please be assured that I am not seeking any personal information of individuals, and I am willing to accept redacted versions of the documents with any personal information removed. This will ensure that the privacy of individuals is not compromised while still allowing me to access the relevant information in the documents.

I hope these suggestions serve to address your concerns and facilitate the processing of my FOI request. I believe that refining the scope of my request in this manner will strike a balance between promoting transparency and upholding the exemptions provided by the FOI Act. Please do not hesitate to contact me if you require any further clarification or modifications.

Kind regards,

Bertha Binderschmitt
By email: [email address]

foi, Comcare

Thank you for your email to Freedom of Information (FOI) at Comcare. If
your request meets the requirements for a valid FOI request, an
acknowledgement letter will be sent to you within 14 days. Otherwise, FOI
staff will contact you to discuss your request.

 

 

NOTICE: This e-mail message and attachments may contain confidential,
personal or legally privileged information. If you are not the intended
recipient you should not use or disclose any information in the message or
attachments. If received in error, please notify the sender by return
email immediately, if possible, or [email address].
Comcare does not waive any confidentiality or privilege. For information
about how we handle personal information, please visit
www.comcare.gov.au/privacy or contact us on 1300 366 979 and request a
copy of our Privacy Policy

Bertha Binderschmitt

Dear Sam,

I hope you are doing well. I recently came across a concerning article published today in the Canberra Times titled "Disability regulator put on notice by Comcare", which details the issues faced by the NDIS Quality and Safeguards Commission in terms of workload and safety. The full article can be accessed here: https://www.canberratimes.com.au/story/8...

According to the article, Comcare has issued an improvement notice (PIN) to the Commission, demanding that they address the significant workload and staffing issues currently affecting the government agency's staff. The article highlights that these safety issues are likely caused by chronic understaffing and intense workloads, which in turn impact the Commission's ability to carry out its responsibilities effectively.

The Community and Public Sector Union (CPSU) has strongly urged the government to increase staffing levels at the Commission and expressed deep concerns about the delays in investigating serious incidents due to the overwhelming workloads. This situation is not only alarming but also calls for immediate attention and action.

Given the gravity of the situation, I firmly believe that accessing the information requested in my FOI application is of critical importance. This information could provide valuable insights into the extent of the challenges faced by the Commission and potentially help identify areas in which improvements can be made.

In light of the recent developments mentioned in the article, I would like to request the addition of the following documents to my FOI application:

1. A copy of the issued improvement notice (PIN).
2. The email from the NDIS Quality and Safeguards Commission requesting an internal review, including the reasons for the request.

I understand the need to strike a balance between transparency and respecting the FOI Act exemptions, as previously discussed. However, I am convinced that refining the scope of my request, as suggested in my previous response, and including these additional documents would significantly contribute to a better understanding of the situation and the issues the Commission is grappling with.

Please let me know if there are any updates on my FOI request and if there is any further information or clarification needed from my end. Considering the urgency of the matter, I hope to hear from you soon.

Kind regards,

Bertha Binderschmitt

foi, Comcare

Thank you for your email to Freedom of Information (FOI) at Comcare. If
your request meets the requirements for a valid FOI request, an
acknowledgement letter will be sent to you within 14 days. Otherwise, FOI
staff will contact you to discuss your request.

 

 

NOTICE: This e-mail message and attachments may contain confidential,
personal or legally privileged information. If you are not the intended
recipient you should not use or disclose any information in the message or
attachments. If received in error, please notify the sender by return
email immediately, if possible, or [email address].
Comcare does not waive any confidentiality or privilege. For information
about how we handle personal information, please visit
www.comcare.gov.au/privacy or contact us on 1300 366 979 and request a
copy of our Privacy Policy

foi, Comcare

OFFICIAL
Dear Bertha,

Thank you for your emails dated 5 and 6 May 2023. As you may know, a response to your FOI request, reference 2023/796, is due to be notified to you on 29 May 2023.

Your request for additional documents below, being '1. A copy of the issued improvement notice (PIN), [and] 2. The email from the NDIS Quality and Safeguards Commission requesting an internal review, including the reasons for the request', is being treated as a new request under the FOI Act. It has been assigned reference 2023/1250.

Information on processing of your new request is set out below.

Timeframe for processing your request

The statutory timeframe for processing your request is 30 days from the day after it was received by Comcare, which means a decision on your request is due to be notified to you by 5 June 2023.
This timeframe may change where:

1. we are required to consult with you because your request is not clear or would require a substantial diversion of Comcare’s resources to process;
2. we are required to consult with third parties if their information is included in a document you have requested;
3. you are issued a charge for processing your request;
4. we receive written agreement from you; or
5. we receive an extension from the Information Commissioner.

Administrative Release of Documents

Comcare has administrative access arrangements for the release of certain documents without the need for a formal FOI request. Unless you tell us otherwise, we may provide you with documents under these administrative access arrangements instead of processing the documents formally under the FOI Act. We will notify you if documents are released to you under the arrangements.
Exclusion of employee details

Where the full name and contact details of Comcare staff members 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, unless you tell us otherwise, we will assume that these details are out of scope of your request and they will be deleted under section 22 of the FOI Act.

Consultation with third parties

The FOI Act requires Comcare to undertake consultation prior to making any decision to grant access to documents (subject to exemptions) that contain:
1. information that originated with, or was received from, a State or an authority of a State;
2. information that originated with, or was received from, a foreign government, an authority of a foreign government or an international organisation;
3. information concerning a person's business or commercial affairs, or the business, commercial or financial affairs of an organisation or undertaking; or
4. personal information about a person (including a deceased person).

We will advise you as soon as possible if external consultation is required.

Charges

Comcare will advise you if a charge is payable to process your request, as set out in the FOI Charges Regulations.
No charge is payable for providing a person with their own personal information.

Disclosure log

Please note that information released under FOI Act may be published in a disclosure log on Comcare’s website. Section 11C of the FOI Act requires this publication, however it is subject to certain exceptions, including where publication of personal, business, professional or commercial information would be unreasonable.

Contact

Should you require clarification of any of the matters discussed in this email, or have any queries throughout the process, please contact me by email to [Comcare request email].

Yours sincerely,
Sam
Senior Statutory Oversight Officer | Legal Group
Comcare

GPO Box 9905, Canberra ACT 2601
Ph 1300 366 979 | Fax 1300 196 971 | Email: [Comcare request email]

show quoted sections

foi, Comcare

1 Attachment

OFFICIAL

 

Dear Ms Binderschmitt,

 

Please see attached decision letter relating to your recent FOI request,
our reference 2023/796.

 

Yours sincerely,

Sam

Senior Statutory Oversight Officer | Legal Group

Comcare

 

GPO Box 9905, Canberra ACT 2601

Ph 1300 366 979  | Fax 1300 196 971  | Email: [1][Comcare request email]

 

NOTICE: This e-mail message and attachments may contain confidential,
personal or legally privileged information. If you are not the intended
recipient you should not use or disclose any information in the message or
attachments. If received in error, please notify the sender by return
email immediately, if possible, or [email address].
Comcare does not waive any confidentiality or privilege. For information
about how we handle personal information, please visit
www.comcare.gov.au/privacy or contact us on 1300 366 979 and request a
copy of our Privacy Policy

References

Visible links
1. mailto:[email address]

foi, Comcare

2 Attachments

OFFICIAL

 

Dear Ms Binderschmitt,

 

Please see attached decision letter relating to your recent FOI request,
our reference 2023/796.

 

Yours sincerely,

Sam

Senior Statutory Oversight Officer | Legal Group

Comcare

 

GPO Box 9905, Canberra ACT 2601

Ph 1300 366 979  | Fax 1300 196 971  | Email: [1][Comcare request email]

NOTICE: This e-mail message and attachments may contain confidential,
personal or legally privileged information. If you are not the intended
recipient you should not use or disclose any information in the message or
attachments. If received in error, please notify the sender by return
email immediately, if possible, or [email address].
Comcare does not waive any confidentiality or privilege. For information
about how we handle personal information, please visit
www.comcare.gov.au/privacy or contact us on 1300 366 979 and request a
copy of our Privacy Policy

References

Visible links
1. mailto:[email address]

Bertha Binderschmitt

Dear Sam,

Firstly, I would like to say thank you for releasing the second requested document, secondly, I am writing to request an internal review of the decision made regarding my Freedom of Information (FOI) request, submitted on 27 March 2023. I respect the complexity of your work and understand the decision has been taken after careful consideration. However, I believe there are critical points that may have been overlooked in the decision-making process, and hence, I would like to express my disagreement with your decision.

1. Misinterpretation of Applicant Cooperation: During the consultation process, I earnestly attempted to cooperate by modifying the scope of my request to minimise the potential strain on Comcare's resources. Notably, I revised the request to exclude documents relating to ongoing investigations. Although this reduction was deemed minimal, it should be taken into account that the exclusion aimed at streamlining the processing. The request to include a few related documents was under the belief that the existing parameters of my request would cover them and they would not drastically increase the overall processing workload.

2. Overestimation of Processing Time: While I recognise that the reference to the cited cases (Cambridge; Chief Executive Officer, Services Australia and Urquhart; Chief Executive Officer, Services Australia) was an attempt to draw a parallel, equating Comcare's capacity with Services Australia may not be an appropriate measure, considering their relative sizes and operational complexities.

3. Diminishment of Public Interest: The FOI Act was designed to uphold the principles of transparency and accountability, fostering public confidence in governmental operations. My request was aimed at accessing documents of significant public interest, the disclosure of which would enhance Comcare's transparency and promote public understanding of its functions and decisions. This public interest consideration should be balanced against the projected administrative resource allocation especially in light of the increased attention to this matter over the last week in the media.

4. Underutilisation of Processing Alternatives: I am willing to discuss alternatives to facilitate processing the request. This includes the phased release of documents, further narrowing the scope of the request, or excluding specific categories of documents that might prove to be significantly complex to process. I intend to work collaboratively with Comcare to achieve a balance between my right to access the requested information and the preservation of Comcare's resources.

5. Overemphasis on Impact on Other Operations: The decision significantly impacts Comcare's FOI team and Regulatory Operations Group due to the processing of my request. However, it lacks a detailed analysis of the tangible effects these operations would experience. An elaborate justification is required to validate this point.

6. Assumption of Extensive Redaction: The decision seems to adopt a broad-brush approach to redaction across all documents. It would be more proportionate to evaluate each document on its merit and redact only the portions of the documents where necessary.

7. Disregard for Efficiency-enhancing Strategies: The decision lacks any discussion about efficiency-enhancing strategies such as leveraging technology for redaction, using existing document management systems for quicker location and collation, or distributing the workload amongst a larger team over a more extended period.

In light of the above points, I respectfully request you to reconsider your decision. I stand ready to engage in constructive discussions to explore potential solutions that respect both my right to access information and Comcare's operational needs

Thank you

Bertha

foi, Comcare

Thank you for your email to Freedom of Information (FOI) at Comcare. If
your request meets the requirements for a valid FOI request, an
acknowledgement letter will be sent to you within 14 days. Otherwise, FOI
staff will contact you to discuss your request.

 

 

NOTICE: This e-mail message and attachments may contain confidential,
personal or legally privileged information. If you are not the intended
recipient you should not use or disclose any information in the message or
attachments. If received in error, please notify the sender by return
email immediately, if possible, or [email address].
Comcare does not waive any confidentiality or privilege. For information
about how we handle personal information, please visit
www.comcare.gov.au/privacy or contact us on 1300 366 979 and request a
copy of our Privacy Policy

foi, Comcare

OFFICIAL
Dear Ms Binderschmitt,

Comcare acknowledges your below request dated 5 June 2023 seeking internal review of FOI decision reference 2023/796.

Your request for internal review has been allocated the reference number 2023/1578.

Please note a decision on this matter is due to be communicated to you by 5 July 2023.

Kind regards,

Stephanie
Legal Adviser | Statutory Oversight Team
Legal Group
GPO Box 9905, Canberra, ACT 2601
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foi, Comcare

2 Attachments

OFFICIAL

 

Dear Ms Binderschmitt,

 

Please find attached Comcare’s decision regarding your request for
internal review, reference 2023/1578.

 

Kind regards,

 

Stephanie

Legal Adviser | Statutory Oversight Team

Legal Group

GPO Box 9905, Canberra, ACT 2601

Ph: 1300 366 979 |[1]www.comcare.gov.au

[2]Comcare Logo

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References

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1. http://www.comcare.gov.au/