Non-ASL public service staff
From: John Smith
Dear Department of Veterans' Affairs,
I seek the following under FOI;
- A document that contains the total number of non-APS staff, filling equivalent roles to actual APS staff in your department.
- A document that contains a list of all position titles within your department, that are currently filled by non-APS staff.
Typically these non-APS employees are ostensibly employed through labour hire agencies, and fulfil functionally equivalent roles to their colleagues.
If no such document exists please advise.
Department of Veterans' Affairs
Dear Mr Smith
Acknowledgement of your Freedom of Information (FOI) Request – FOI 36918
I refer to your request for access to documents held by the Department of
Veterans’ Affairs (Department) under the Freedom of Information Act 1982
(Cth) (FOI Act).
Your request was received by the Department on 6 July 2020, and was made
in the following terms:
“ - A document that contains the total number of non-APS staff, filling
equivalent roles to actual APS staff in your department.
- A document that contains a list of all position titles within your
department, that are currently filled by non-APS staff.
Typically these non-APS employees are ostensibly employed through labour
hire agencies, and fulfil functionally equivalent roles to their
The Department has 30 days to finalise your request. The 30 day statutory
timeframe commenced the day after your request was received by the
Ordinarily you should expect a decision from the Department by 5 August
Interrupted work practices impacted by COVID-19
The Department is continuing to work through its FOI case load as quickly
as possible. However, the Department is and will continue to experience an
interruption in the way it will be able to manage FOI requests.
As you are likely to be aware, COVID-19 (Coronavirus) has been declared a
pandemic by the World Health Organisation. As the Department focuses its
efforts on managing the impact of COVID-19 on its critical services and
employees, other non-critical services may not be delivered within
expected timeframes. It is possible that during this time, business areas
that would ordinarily have capacity to undertake searches and assist in
the processing of FOI requests may not be readily available to provide
that assistance. This may have an impact on the manner and timeframe in
which the Department can process FOI requests.
We apologise for the inconvenience and appreciate your patience and
cooperation during this period.
Request for an extension of time
To help ensure the Department can manage its FOI functions during this
time, we will require additional time to process your FOI request.
The Department seeks your agreement under section 15AA of the FOI Act to
extend the timeframe for the processing of your request by 30 days. This
would extend the due date for your request to 4 September 2020. It would
assist the Department in managing its FOI caseload if you could provide a
response to this request by close of business, Friday, 17 July 2020.
If agreed, the Department is required to provide your name and contact
details to the Office of the Australian Information Commissioner (OAIC)
for its records.
Please note that if you do not agree to the extension of time and the
Department is of the view that additional time is still required, we may
need to seek an extension of time from the OAIC under:
• section 15AB of the FOI Act (due to it being complex or
• section 15AC (where the Department has been unable to meet
the statutory timeframe to finalise your request).
We will advise you if we intend to or have sought any extensions of time
from the OAIC.
If you wish to discuss this matter further, please do not hesitate to
contact us through the details below.
When the processing period may be extended or suspended
As noted above, there are times when the timeframe for processing your
request might be extended by an additional 30 days. This can occur where
an extension of time has been agreed to by yourself under section 15AA of
the FOI Act or where the OAIC has granted an extension of time under
sections 15AB or 15AC of the FOI Act. In addition, if documents you seek
contain information of third parties and the Department is of the view
that is practical to consult with the third parties, then the Department
will be afforded an additional 30 days to undertake that consolation
process (see sections 15(6), 26A, 27 and 27A of the FOI Act).
The Department will advise you if a third party consultation process is
required and of the revised due date for your request to be finalised by.
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
[FOI #6470 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.
FOI Disclosure log – Publication of documents released under the FOI Act
Please note that information released under the FOI Act may be published
in a disclosure log on the Department’s website at
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.
When a decision is provided to you, the Department will advise if the
documents released to you will be published on the Department’s FOI
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
Further information on FOI processing can be found at the website of the
OAIC at https://www.oaic.gov.au/freedom-of-infor....
Tayla (Position Number 62217695)
Information Access Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
T: 1800 555 254 | E: [email address]
A: GPO Box 9998, Canberra, ACT, 2601 | W: www.dva.gov.au
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Aboriginal and Torres Strait Islander peoples, their cultures and to their
elders past and present
From: John Smith
I agree to the extension of time.