Remediation of Debts: Sampling Reports
Dear Services Australia,
According to DSS' Answer to Senate Question on Notice IQ23-000076
"Services Australia has commenced undertaking a desktop sampling exercise of approximately 1,000 potential overpayments that may potentially be impacted by the use of income apportionment of employment income prior to 7 December 2020.
It is not possible to state with certainty when this work will be completed. This will be clearer as the work progresses. Services Australia are providing regular reports on progress to the Department of Social Services"
I would like a copy of these "regular reports on progress".
The public interest in these is significant given:
- the need to urgently inform those affected of Services Australia's unlawful approaches to debt calculation.
- As one knows daily interest can accrue on unjust enrichment claims, so my request improves oversight of public expenditure.
- The public would also benefit from knowing whether Services Australia is using the opportunity to remediate the infrequent unlawful robo-debt averaging which occurred in the years 2003-2015. The ones it previously indicated were just too hard to find.
- Given a brief to the Ministers was due end of August, release of these reports may highlight inefficient public administration.
I note headline data from a sampling exercise was released under the previous government. You'll remember it, the panicked 72 hour one for the then Minister's post Amato National Press Club address? Useful precedent.
Yours faithfully,
Frank N Fearless
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Dear Frank N Fearless
I refer to your request to Services Australia (the Agency) dated 3 October
2023 under the Freedom of Information Act 1982 (Cth) (FOI Act).
The FOI team is engaging with relevant business areas who hold relevant
documents and the areas are actively locating and reviewing documents
within the scope of your FOI request.
Due to the nature of the documents and the significant amount of
consultation required with other agencies, the Agency is respectfully
seeking your agreement to extend the processing time of your request by an
additional 21 days under section 15AA of the FOI Act. This would result in
a decision being due by 23 November 2023. If we are able to provide you
with a decision sooner, we will do so.
For your action
If you agree to the extension of time as requested, we would be grateful
if you could please respond to this email by close of business 24 October
2023 to advise whether you agree. If no response is received, we may seek
an extension of time from the Information Commissioner.
We apologise for the delay and thank you for your patience and
understanding as we continue to process your request.
Kind regards,
TY, Authorised FOI Decision Maker
Freedom of Information Branch, Legal Services Division
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Dear Frank n Fearless,
Please find attached correspondence dated 20 October 2023 in relation to
your request made under the Freedom of Information Act 1982.
Kind regards,
TY, Authorised FOI Decision Maker
Freedom of Information Branch, Legal Services Division
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Dear Frank N Fearless
I refer to your FOI request dated 3 October 2023 and the below email
requesting an extension of time.
Could you please confirm at your earliest convenience, no later than COB
26 October 2023 if you agree to the extension of time to allow the Agency
until 23 November 2023 to process the request.
If no response is received, we intend to make an application to the
Information Commissioner for the extension of time.
Regards,
TY, Authorised FOI Decision Maker
Freedom of Information Branch, Legal Services Division
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From: FOI.LEGAL.TEAM <[email address]>
Sent: Friday, October 20, 2023 10:50 AM
To: '[FOI #10728 email]'
<[FOI #10728 email]>
Subject: Response required: LEX 76245 – Your FOI Request – Request for
extension of time [SEC=OFFICIAL]
Dear Frank N Fearless
I refer to your request to Services Australia (the Agency) dated 3 October
2023 under the Freedom of Information Act 1982 (Cth) (FOI Act).
The FOI team is engaging with relevant business areas who hold relevant
documents and the areas are actively locating and reviewing documents
within the scope of your FOI request.
Due to the nature of the documents and the significant amount of
consultation required with other agencies, the Agency is respectfully
seeking your agreement to extend the processing time of your request by an
additional 21 days under section 15AA of the FOI Act. This would result in
a decision being due by 23 November 2023. If we are able to provide you
with a decision sooner, we will do so.
For your action
If you agree to the extension of time as requested, we would be grateful
if you could please respond to this email by close of business 24 October
2023 to advise whether you agree. If no response is received, we may seek
an extension of time from the Information Commissioner.
We apologise for the delay and thank you for your patience and
understanding as we continue to process your request.
Kind regards,
TY, Authorised FOI Decision Maker
Freedom of Information Branch, Legal Services Division
[2]Visual brand element showing Services Australia progress symbol to left
with Services Australia wording to the right of the symbol. Underneath is
servicesaustralia.gov.au and icons representing our social media accounts.
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Aligning the bottom of the signature block is the Services Australia
indigenous artwork strip consisting of cultural elements depicting our
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Dear FOI.LEGAL.TEAM,
Afraid I cannot consent to an extension as I believe the consultation here is plainly a chosen courtesy rather than a substantive essential. The scope of my request was deliberately narrowed to the reports sent by Services Australia. I did not seek the reactions of DSS. I asked for descriptive documents pertaining to acts of administration by Services Australia, not information that bears on the interests of DSS as a policy entity.
I don’t want my consent to normalise these consultations with DSS. I grant you might be looking to DSS to brainstorm a deliberate exemption claim but a report on a sample is factual. I would encourage Services Australia to have institutional confidence to administer its own decision making without this portfolio whip around element,
Sorry to be a stick in the mud!
Yours sincerely,
Frank N Fearless
Dear FOI.LEGAL.TEAM,
I note the statutory time period has elapsed. Please write to confirm my status: did you secure an extension or was my request deemed overnight?
Yours sincerely,
Frank N Fearless
Dear Frank n Fearless,
I refer to your below email and can confirm that we have not heard from OAIC in relation to whether the request for extension of time has been granted.
Regards,
TY, Authorised FOI Decision Maker
Freedom of Information Branch, Legal Services Division
This email and any attachments may contain information subject to legal professional privilege or information that is otherwise sensitive or confidential. If you are not the intended recipient of this email, you are prohibited from using or disseminating this communication. If you have received this communication in error please notify the sender immediately and permanently delete this email.
Our reference: RQ23/05449
Agency reference: LEX 76245
Frank N Fearless
By email: [FOI #10728 email]
Extension of time under s 15AB
Dear Frank N Fearless,
Please find attached an extension of time decision relating to your FOI
request with Services Australia. A copy of this decision has been provided
to the agency.
Regards,
[1][IMG] Bernie Lai <he/him>
Assistant Director | Freedom of Information Branch
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [2][email address]
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Good afternoon,
Please find attached the decision letter and documents relating to your
request for access to documents held by Services Australia, under the
Freedom of Information Act 1982.
If you have any questions regarding this matter or are unable to open the
attachments please contact me by replying to this email.
Regards,
TY
Authorised FOI Decision Maker
FOI and Ombudsman Branch
Legal Services Division
Dear Frank n Fearless
Please find attached an acknowledgement letter dated 6 December 2023 in
relation to your request to access documents held by Services Australia
under the Freedom of Information Act 1982.
Yours sincerely,
TY, Authorised FOI Decision Maker
FOI and Reviews Branch, Legal Services Division
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Aligning the bottom of the signature block is the Services Australia
indigenous artwork strip consisting of cultural elements depicting our
agency’s progress story for First Nations people.
This email and any attachments may contain information subject to legal
professional privilege or information that is otherwise sensitive or
confidential. If you are not the intended recipient of this email, you are
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Dear Frank n Fearless
I refer to the request you made for access to documents held by Services
Australia under the Freedom of Information Act 1982 (FOI Act) on 4
December 2023.
Due to the upcoming agency shutdown period and staff absences, the agency
is respectfully seeking your agreement to extend the processing time of
your request by an additional 30 days under section 15AA of the FOI Act.
This would result in a decision being due by 2 February 2024. If we are
able to provide you with a decision sooner, we will do so.
For your action
If you agree to the extension of time as requested, we would be grateful
if you could please respond to this email by close of business 13 December
2023 to advise whether you agree. If no response is received, we may seek
an extension of time from the Information Commissioner.
Yours sincerely,
TY, Authorised FOI Decision Maker
FOI and Reviews Branch, Legal Services Division
[1]Visual brand element showing Services Australia progress symbol to left
with Services Australia wording to the right of the symbol. Underneath is
servicesaustralia.gov.au and icons representing our social media accounts.
To follow us on social media go to servicesaustralia.gov.au/socialmedia
Aligning the bottom of the signature block is the Services Australia
indigenous artwork strip consisting of cultural elements depicting our
agency’s progress story for First Nations people.
This email and any attachments may contain information subject to legal
professional privilege or information that is otherwise sensitive or
confidential. If you are not the intended recipient of this email, you are
prohibited from using or disseminating this communication. If you have
received this communication in error please notify the sender immediately
and permanently delete this email.
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