Number of Opt Outs Processed by DVA

Response to this request is long overdue. By law, under all circumstances, Department of Veterans' Affairs should have responded by now (details). You can complain by requesting an internal review.

Dear Department of Veterans' Affairs,

Alan Ashmore asked DVA to provide the number of received requests for opt out of Veterans’ MATES since its start in 2004 to 30 November 2023, which DVA provided (1,183 opt outs received by DVA) in decision LEX 62634.

I would like to request the same “document created in accordance with section 17 of the FOI Act” as in LEX 62634, but with an added column to that report listing the number of opt outs that were done (actioned/processed/etc) so people can compare the number of opt outs received to those opted out for each time period.

Given the number of Right to Know requests about this MATES program by a number of different individuals, with a number of media outlets having reported on this program and this issue of opt outs, there is clearly a public interest in this information so please make sure it is provided in the same manner as was done for LEX 62634.

Yours faithfully,

Jenny

INFORMATION.ACCESS, Department of Veterans' Affairs

Thank you for your email.  Please accept this automatic reply as
confirmation the Information Access Unit (IAU) has received your email.

 

Please note the IAU is currently experiencing a high volume of requests. 
We are working as quickly as possible to process your request.  We
appreciate your patience.

 

 

 

INFORMATION.ACCESS, Department of Veterans' Affairs

2 Attachments

Dear Jenny,

 

The Department of Veterans' Affairs (the department) has received your
request for access to information under the Freedom of Information Act
1982 (FOI Act). I note you have requested access to the following:

 

'...Alan Ashmore asked DVA to provide the number of received requests for
opt out of Veterans' MATES since its start in 2004 to 30 November 2023,
which DVA provided (1,183 opt outs received by DVA) in decision LEX 62634.

I would like to request the same "document created in accordance with
section 17 of the FOI Act" as in LEX 62634, but with an added column to
that report listing the number of opt outs that were done
(actioned/processed/etc) so people can compare the number of opt outs
received to those opted out for each time period.

Given the number of Right to Know requests about this MATES program by a
number of different individuals, with a number of media outlets having
reported on this program and this issue of opt outs, there is clearly a
public interest in this information so please make sure it is provided in
the same manner as was done for LEX 62634...'

 

Your request was received by the department on 19 December 2023 and the
ordinary 30 day statutory period for processing your request commenced
from the day after that date.

 

Extension of Time

Due to an increase in the number of information access applications
currently being received by the department, we are asking your agreement
to an extension of time for a further 30 days to process this request
under section 15AA of the FOI Act. This would mean that your request is
due on 19 February 2024.

 

If we are in a position to make a decision on your request earlier than
this date, we will endeavour to do so.

 

The statutory period may also be extended if we need to consult third
parties or for other reasons permitted under the FOI Act. We will advise
you if this happens.

 

Please reply by return email if you agree to this extension of time. If
you do agree we will notify the Office of the Australian Information
Commissioner (OAIC) of your agreement under section 15AA of the FOI Act.

 

Charges

 

The Department will notify you within 14 days of an estimate of the
charges that will apply to your request for non-personal information
before we process any requested documents or impose a final charge.

 

Your address

 

The FOI Act requires that you provide us with an address that we can send
notices to. You have advised your contact address is
[1][FOI #10977 email]  . Unless you tell us
otherwise, we will send all notices and correspondence to this address.

 

Disclosure log

 

Information released under the FOI Act may be published on a disclosure
log on our website, subject to certain exceptions. These exceptions
include where publication of personal, business, professional or
commercial information would be unreasonable.

 

Further assistance

 

If you have any questions about your request, please email
[2][DVA request email]

We look forward to receiving your response to our request for your
agreement to process your request under Administrative Access
arrangements. 

 

 

Yours sincerely

 

 

Kevin| Information Access Officer

Position 62373493

Information Access Unit

Ministerial, International & Stakeholder Relations Branch

Ministerial, Communication & Engagement Division

Department of Veterans’ Affairs

1800 VETERAN (1800 838 372)

[3][DVA request email]

[4]www.dva.gov.au 

[5]cid:image008.jpg@01D8EA24.8F7FA8A0

[6]cid:image009.jpg@01D8EA24.8F7FA8A0

 

References

Visible links
1. mailto:[FOI #10977 email]
2. mailto:[DVA request email]
3. mailto:[DVA request email]
4. http://www.dva.gov.au/

Dear INFORMATION.ACCESS,

As this FOI isn’t due until late January I consider it too early to make extension of time requests.

I would be willing to give an extension of time if necessary if you ask me in January when you know that will be the only extension of time sought.

Yours sincerely,

Jenny

INFORMATION.ACCESS, Department of Veterans' Affairs

8 Attachments

Dear Jenny,

 

Thank you for your Information Access request.

 

Your request has now been finalised. Please refer to the attached
documentation and contact me back using the details below if I can be of
any further assistance.

 

 

 

Kind regards,

 

Jesse | Information Access Officer

Position Number : 62371652

Information Access Unit

Ministerial, Parliamentary & Stakeholder Engagement Branch

Engagement, Communications and Ministerial Division

Department of Veterans’ Affairs

1800 838 372

[1][email address]

[2]www.dva.gov.au

[3]cid:image002.png@01D7B6E3.69D49590[4]cid:image003.png@01D7B6E3.69D49590[5]cid:image004.png@01D7B6E3.69D49590[6]cid:image005.png@01D7B6E3.69D49590

[7]cid:image005.jpg@01D8E9DA.F8F2BE70

[8]cid:image006.jpg@01D8E9DA.F8F2BE70

 

 

References

Visible links
1. mailto:[email address]
2. http://www.dva.gov.au/
3. https://www.facebook.com/DVAAus
4. https://twitter.com/DVAAus
5. https://au.linkedin.com/company/australi...
6. https://www.youtube.com/DVATVAus

Dear INFORMATION.ACCESS,

Can you please advise:

a) what was the source record/s for the completion of an opt out (where was this information recorded, and in what form); and

b) whether the number of opt out processed for each calendar year was for the opt outs received in the same calendar year (or month, for the 2023 month breakdown) as I requested these numbers in the FOI to be for the same time period.

Yours sincerely,

Jenny

INFORMATION.ACCESS, Department of Veterans' Affairs

Dear Jenny,

Please see below for responses to your queries:

a) The information relevant to your request was not entirely held by the Department in a discrete document form; therefore in order to provide you access to the relevant information, the Department's Program Delivery team had extracted data from the Department's staff management system to create the document that was provided to you in accordance with section 17 of the FOI Act.

b) According to the document provided to you, the number of opt out requests vs the number completed appear to all be within the same calendar year as the number of opt out requests matches the amount completed for each calendar year excluding the year 2023 as the data provided for that year was till 30 November 2023 as you requested.

Kind regards,

Jesse | Information Access Officer
Position Number : 62371652
Information Access Unit
Ministerial, Parliamentary & Stakeholder Engagement Branch
Engagement, Communications and Ministerial Division
Department of Veterans’ Affairs
1800 838 372
[email address]
www.dva.gov.au

-----Original Message-----
From: Jenny <[FOI #10977 email]>
Sent: Thursday, 18 January 2024 6:27 PM
To: INFORMATION.ACCESS <[email address]>
Subject: Re: [63775] JENNY - Information Access Request [SEC=OFFICIAL]

Dear INFORMATION.ACCESS,

Can you please advise:

a) what was the source record/s for the completion of an opt out (where was this information recorded, and in what form); and

b) whether the number of opt out processed for each calendar year was for the opt outs received in the same calendar year (or month, for the 2023 month breakdown) as I requested these numbers in the FOI to be for the same time period.

Yours sincerely,

Jenny

-----Original Message-----

Dear Jenny,

Thank you for your Information Access request.

Your request has now been finalised. Please refer to the attached

documentation and contact me back using the details below if I can be of

any further assistance.

Kind regards,

Jesse | Information Access Officer

Position Number : 62371652

Information Access Unit

Ministerial, Parliamentary & Stakeholder Engagement Branch

Engagement, Communications and Ministerial Division

Department of Veterans’ Affairs

1800 838 372

[1][email address]

[2]www.dva.gov.au

[3]cid:image002.png@01D7B6E3.69D49590[4]cid:image003.png@01D7B6E3.69D49590[5]cid:image004.png@01D7B6E3.69D49590[6]cid:image005.png@01D7B6E3.69D49590

[7]cid:image005.jpg@01D8E9DA.F8F2BE70

[8]cid:image006.jpg@01D8E9DA.F8F2BE70

References

Visible links

1. mailto:[email address]

2. http://www.dva.gov.au/

3. https://www.facebook.com/DVAAus

4. https://twitter.com/DVAAus

5. https://au.linkedin.com/company/australi...

6. https://www.youtube.com/DVATVAus

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #10977 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.

-------------------------------------------------------------------

hide quoted sections

Dear INFORMATION.ACCESS,

In response to the question as to what documents you obtained these number of processed opt out from these fortnightly and monthly disclosures of identified medical information by DVA to UniSA you say “the Department's Program Delivery team had extracted data from the Department's staff management system”.

Unfortunately that is a very vague response, which really does not make anything clearer as to what was the source record for those numbers was.

Perhaps it would help if you could outline what happened, administratively, when the Department received a request for someone to be opted out of the fortnightly/monthly disclosures of personal information from DVA to UniSA for the MATES program.

So what did the Department do administratively to opt out that individual from those disclosures and how was that recorded? Why would that information be recorded in a “staff management system” as that sounds like something used for personnel management, not departmental record keeping?

As for the second part of your response, if that was the case, there should not be identical numbers for all years prior to 2023 as to opt outs received and opt outs processed as there is a high profile case that was the subject of an Information Commissioner determination about such an opt out from such disclosures to UniSA who was not opted out until many years after that opt out was communicated to the Department. I have seen a partial copy of a written submission made by the Department’s General Counsel in late 2020 to the Information Commissioner that stated that the Department was not under any obligation to opt out anyone from these MATES disclosures so given this it is not possible that all opt outs received between those years were opted out, as senior Department officials are on record refusing to opt out individuals because they argued consent was not required to continue disclosing their sensitive medical information to UniSA.

I am just trying to understand the cause of this significant discrepancy and what original records these processed opt out numbers came from, to try and explain this discrepancy.

So if you can please provide the information requested that will help greatly to determine the source of the mistake that has been made.

Yours sincerely,

Jenny

Dear INFORMATION.ACCESS,

A fortnight ago I asked the following, but still have not received a response:

Dear INFORMATION.ACCESS,

In response to the question as to what documents you obtained these number of processed opt out from these fortnightly and monthly disclosures of identified medical information by DVA to UniSA you say “the Department's Program Delivery team had extracted data from the Department's staff management system”.

Unfortunately that is a very vague response, which really does not make anything clearer as to what was the source record for those numbers was.

Perhaps it would help if you could outline what happened, administratively, when the Department received a request for someone to be opted out of the fortnightly/monthly disclosures of personal information from DVA to UniSA for the MATES program.

So what did the Department do administratively to opt out that individual from those disclosures and how was that recorded? Why would that information be recorded in a “staff management system” as that sounds like something used for personnel management, not departmental record keeping?

As for the second part of your response, if that was the case, there should not be identical numbers for all years prior to 2023 as to opt outs received and opt outs processed as there is a high profile case that was the subject of an Information Commissioner determination about such an opt out from such disclosures to UniSA who was not opted out until many years after that opt out was communicated to the Department. I have seen a partial copy of a written submission made by the Department’s General Counsel in late 2020 to the Information Commissioner that stated that the Department was not under any obligation to opt out anyone from these MATES disclosures so given this it is not possible that all opt outs received between those years were opted out, as senior Department officials are on record refusing to opt out individuals because they argued consent was not required to continue disclosing their sensitive medical information to UniSA.

I am just trying to understand the cause of this significant discrepancy and what original records these processed opt out numbers came from, to try and explain this discrepancy.

So if you can please provide the information requested that will help greatly to determine the source of the mistake that has been made.

Yours sincerely,

Jenny

Can you please clarify your response, as it does not match up.

Yours sincerely,

Jenny

Dear INFORMATION.ACCESS,

A month ago I asked DVA:

“In response to the question as to what documents you obtained these number of processed opt out from these fortnightly and monthly disclosures of identified medical information by DVA to UniSA you say “the Department's Program Delivery team had extracted data from the Department's staff management system”.

Unfortunately that is a very vague response, which really does not make anything clearer as to what was the source record for those numbers was.

Perhaps it would help if you could outline what happened, administratively, when the Department received a request for someone to be opted out of the fortnightly/monthly disclosures of personal information from DVA to UniSA for the MATES program.

So what did the Department do administratively to opt out that individual from those disclosures and how was that recorded? Why would that information be recorded in a “staff management system” as that sounds like something used for personnel management, not departmental record keeping?

As for the second part of your response, if that was the case, there should not be identical numbers for all years prior to 2023 as to opt outs received and opt outs processed as there is a high profile case that was the subject of an Information Commissioner determination about such an opt out from such disclosures to UniSA who was not opted out until many years after that opt out was communicated to the Department. I have seen a partial copy of a written submission made by the Department’s General Counsel in late 2020 to the Information Commissioner that stated that the Department was not under any obligation to opt out anyone from these MATES disclosures so given this it is not possible that all opt outs received between those years were opted out, as senior Department officials are on record refusing to opt out individuals because they argued consent was not required to continue disclosing their sensitive medical information to UniSA.

I am just trying to understand the cause of this significant discrepancy and what original records these processed opt out numbers came from, to try and explain this discrepancy.

So if you can please provide the information requested that will help greatly to determine the source of the mistake that has been made.”

A fortnight ago I followed this up and got no reply still.

Given the recent and numerous adverse media reporting of DVA’s conduct in breaching both ethical and privacy obligations in the MATES program I would have thought you would be doing your upmost to show you have nothing to hide. Please give answers to my request for clarification.

Yours sincerely,

Jenny

Dear INFORMATION.ACCESS,

Another month and still nothing from DVA. This conduct by DVA is disgraceful. DVA are intentionally sticking up two fingers to the FOI Act by behaving this way. A very poor look.

Yours sincerely,

Jenny