RAES program logic
Dear FOI Team,
Pursuant to the Freedom of Information Act 1982, I am requesting access to documents relating to the new Remote Australia Employment Service.
Specifically, I seek copies of the following documents, if they exist:
* Theory of Change
* Program Logic
* Outcomes Framework
If these documents are not yet finalised, I request access to the most recent drafts. If drafts of these documents do not currently exist, please confirm this in your response.
Yours sincerely,
Francis Markham
OFFICIAL
Dear Francis Markham,
Freedom of Information Request no. FOI/2425/079
Thank you for your request to the National Indigenous Australians Agency
(NIAA) for access to documents under the Freedom of Information Act 1982
(FOI Act).
The NIAA received your request on 14 May 2025 and the 30 day statutory
period for processing your request commenced from the day after that date.
You should therefore expect a decision from us by 13 June 2025.
Charges
Agencies may decide that an applicant is liable to pay a charge in respect
of a request for access to documents. If the decision-maker decides that
you are liable to pay a charge, a preliminary assessment of the charge
will be provided to you as soon as possible.
Publication
Please note that information released under the FOI Act may later be
published online on our [1]Disclosure Log, subject to certain exceptions.
If you think you might wish to raise any objections to the publication of
any of the information which may be released to you, please contact us by
email at [2][email address]. If you wish to object to the publication of
information, you will need to provide supporting reasons.
Information out of scope
The NIAA considers the names and contact details of Commonwealth staff not
in the Senior Executive Service (SES), such as Australian Public Service
(APS) officers, and other personal details of all Commonwealth staff (such
as signatures and direct phone numbers), as not relevant to the scope of a
request. Information that is irrelevant to your request will be excluded
from any documents which may be released to you.
Please note, the NIAA routinely excludes the following from documents
released in response to FOI requests:
· duplicate documents
· duplicate email chains
· publicly available documents, and
· draft or interim documents where a later version is included.
Next steps
Please write to us by reply email to [3][email address] by 27 May 2025 and
tell us:
· if you agree staff names and contact details not in the SES, and
personal details of all Commonwealth staff (such as signatures and direct
phone numbers) are not relevant to your request.
We will write again when we have more information. We will contact you
using the email address you provided. Please advise if you would prefer us
to use an alternative means of contact.
If you have any questions in the meantime, please do not hesitate to
contact us at [4][email address].
Yours sincerely,
FOI Team
Legal Services Branch| Integrity Group | National Indigenous Australians
Agency| [5][email address]
Charles Perkins House, 16 Bowes Place, Phillip ACT 2606| PO Box
2191 ACT 2601
w. [6]niaa.gov.au w. [7]indigenous.gov.au
The National Indigenous Australians Agency acknowledges the traditional
owners and custodians of country throughout Australia and acknowledges
their continuing connection to land, waters and community. We pay our
respects to the people, the cultures and the elders past, present and
emerging.
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Branch before disseminating this email to third parties.
OFFICIAL
______________________________________________________________________
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References
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2. mailto:[email address]
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4. mailto:[email address]
5. mailto:[email address]
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Dear NIAA FOI Team,
Thank you for processing this FOI request.
I agree that staff names and contact details not in the SES, and personal details of all Commonwealth staff are not relevant to my request.
Yours sincerely,
Francis Markham
OFFICIAL
Dear Francis Markham,
Freedom of Information Request no. FOI/2425/079
Please find attached decision in relation to your Freedom of Information
request.
Please contact [1][email address] if you have any questions about your
request.
Yours sincerely,
FOI Team
Legal Services Branch| Integrity Group | National Indigenous Australians
Agency| [2][email address]
Charles Perkins House, 16 Bowes Place, Phillip ACT 2606| PO Box
2191 ACT 2601
w. [3]niaa.gov.au w. [4]indigenous.gov.au
The National Indigenous Australians Agency acknowledges the traditional
owners and custodians of country throughout Australia and acknowledges
their continuing connection to land, waters and community. We pay our
respects to the people, the cultures and the elders past, present and
emerging.
[5][IMG] [6][IMG] [7][IMG] [8][IMG]
Note: This email and any attachments may contain confidential or legally
privileged information (and neither are waived or lost if this email has
been sent to you by mistake). If you are not the intended recipient, you
must not use, disclose, copy or retain it. If you have received it in
error, please let me know by reply email and then delete this email from
your system and do not retain any copy. Recipients within the National
Indigenous Australians Agency should seek assistance from Legal Services
Branch before disseminating this email to third parties.
OFFICIAL
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://niaa.gov.au/
4. https://www.indigenous.gov.au/
5. https://www.facebook.com/indigenous.gov.au
6. https://www.instagram.com/indigenous_gov/
7. https://twitter.com/indigenous_gov
8. https://www.youtube.com/user/IndigenousG...
Dear FOI NIAA officers,
Subject: Request for Internal Review under s 54 of the Freedom of Information Act 1982
I am writing to request an internal review of the decision made in FOI/2425/079 regarding my request for documents relating to the Theory of Change (ToC), Program Logic and Outcomes Framework for the Remote Australia Employment Service (RAES).
I believe the decision to refuse access to the requested documents is incorrect and not justified under the provisions of the Freedom of Information Act 1982 (FOI Act). I seek a fresh decision that grants full access to the relevant sections of the document.
Grounds for Internal Review
1. Section 47D Exemption is Unfounded
The decision maker's application of section 47D (financial or property interests of the Commonwealth) is fundamentally flawed for several reasons:
a. The decision states that releasing the ToC would "provide an unfair advantage to potential suppliers." This reasoning is incorrect because:
• Equal access principle: FOI documents are released into the public domain, meaning all potential RfQ respondents would have equal access to the same information
• Notification mechanisms: All RfQ respondents can be notified of the ToC's release, ensuring complete transparency and eliminating any possibility of unfairness between suppliers
• Standard practice: In normal procurement processes, background documentation including program logic and frameworks is routinely provided to suppliers to ensure they are well-informed about the services being procured
b. Contrary to the decision maker's reasoning, releasing the ToC would actually enhance value for money by:
• Enabling suppliers to better understand the program they are being asked to evaluate
• Allowing for more targeted and effective MEL proposals
• Reducing the risk of misaligned services that fail to meet program objectives
• Following standard procurement best practices of providing comprehensive background information
c. Furthermore, the Commonwealth Procurement Rules (CPRs) require that evaluation criteria used for assessing submissions be included in request documentation. The decision fails to address how withholding fundamental program information aligns with these transparency requirements.
2. Section 47E(d) Exemption Lacks Justification
The application of section 47E(d) (operations of an agency) is entirely unclear and unsupported.
a. No Substantial Adverse Effect Demonstrated
The decision states that disclosure would "raise probity concerns" but fails to explain:
• What specific probity concerns would arise from public disclosure?
• How public release of program documentation could compromise procurement integrity?
• Why standard transparency practices would be problematic in this instance?
b. Contradiction with Proper Operations
Under paragraph 6.115 of the OAIC Guidelines, section 47E does not apply where disclosure reveals that "the Agency is undertaking its expected activities in an expected manner." If the agency's procurement process cannot withstand the release of basic program documentation, this suggests the process itself may be flawed rather than the disclosure being problematic.
3. Public Interest Considerations
The decision maker's public interest assessment is inadequate and fails to properly weigh relevant factors:
a. Undervalued Disclosure Benefits
The assessment minimizes the significant public interest benefits of disclosure, including:
• Enhanced accountability: Public scrutiny of how taxpayer funds are being used to design and evaluate employment services
• Improved policy outcomes: External expertise and feedback that could improve program design
• Transparency in procurement: Ensuring procurement processes are conducted openly and fairly
b. Overstated Concerns
The claimed concerns about procurement integrity are speculative and unsupported, particularly given that:
• Standard procurement practice involves providing comprehensive background information
• Equal access to information enhances rather than compromises competitive processes
• Transparency generally improves rather than hinders procurement outcomes
4. Flawed Reasoning Process
The decision appears to conflate legitimate competitive procurement principles with inappropriate secrecy. The concern about "positioning responses to their own financial and competitive advantage" misunderstands the purpose of competitive procurement, which is to encourage suppliers to provide the best possible service at the best possible price based on a clear understanding of requirements.
Request for Fresh Decision
I request that the internal review:
1. Reverse the exemption decisions under sections 47D and 47E(d) as they are not supported by the evidence or legal requirements
2. Conduct a proper public interest assessment that appropriately weighs the significant benefits of disclosure against the speculative and unsupported concerns raised
3. Release the documents in full (subject only to any genuinely irrelevant material under s 22)
The documents sought relate to the design and evaluation framework for a significant employment program funded by taxpayers. The public has a legitimate interest in understanding how these programs are structured and evaluated, particularly given the importance of employment services for remote Australian communities.
I look forward to a fresh decision that properly applies the FOI Act's presumption in favor of disclosure and recognises that transparency in government operations, including procurement processes, serves the public interest.
Please contact me if you require any clarification of this request.
Yours sincerely,
Francis Markham
OFFICIAL
Dear Francis Markham,
Freedom of Information Request no. FOI/2425/079 IR
Please find attached decision in relation to your Freedom of Information request for internal review.
If you have any questions, please do not hesitate to contact the FOI Team.
Yours sincerely,
Freedom of Information Team
Legal Services Branch+AHw- Integrity Group +AHw- National Indigenous Australians Agency+AHw- FOI+AEA-niaa.gov.au
Charles Perkins House, 16 Bowes Place, Phillip ACT 2606+AHw- PO Box 2191 ACT 2601
w. niaa.gov.au w. indigenous.gov.au
The National Indigenous Australians Agency acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. We pay our respects to the people, the cultures and the elders past, present and emerging.
OFFICIAL