Dear Department of Veterans' Affairs,

According to the Hansard transcript (p.15) of Secretary Frame’s testimony before the FADaT Senate Estimates Committee on Wednesday 15 November 2023 Secretary Frame, in response to a question from Senator Lambie, said about the DVA/UniSA MATES program (although still suspended since mid-year) that “There is a consent that has been in place for the program to operate it as it has for 18 years”.

I have searched the DVA website, the UniSA website and Hansard but it does not appear that the Department of Veterans Affairs has made this ‘consent’ publicly available.

I have also checked the minutes the department has published of its ESO roundtables, back issues of VetAffairs, referred to by Secretary Frame (on the same transcript page) where it was suggested such information was communicated, but was unable to find any such information.

As the ‘consent’ referred to by Secretary Frame has not been made publicly available by DVA, can the Department of Veterans Affairs please provide copy of it.

As Secretary Frame appears quite aware of that ‘consent’ document for the DVA/UniSA MATES program and reviewed it before she gave her testimony to the committee this week, it should be able to be quickly located by the Secretary’s office.

It sounds like a discrete document and one able to be reviewed quickly for release.

As I am sure more than just me would be interested in this ‘consent’ document, please ensure it will be accessible on release for me than just me.

Yours faithfully,

Jenny

Dear INFORMATION.ACCESS,

By law this 17 November request for copy of the consent for the DVA/UniSA MATES program to operate, that Secretary Frame cited under oath in her Senate Estimates testimony on Wednesday 15 November 2023 as what allowed the DVA/UniSA MATES program (although suspended since mid-year) “the program to operate it as it has for 18 years" was required to be provided yesterday.

Right to Know says that where this happens DVA has broken the law, so why have you?

When will this document, recently reviewed and cited by the Secretary, be given?

Yours sincerely,

Jenny

Dear Department of Veterans' Affairs,

I haven’t received a response to my query of 19 December as to why the Department has failed to process my FOI and as Right to Know puts it “broken the law” by doing so.

Can you please advise when this overdue FOI will be finalised?

Yours faithfully,

Jenny

Dear Department of Veterans' Affairs,

This FOI is now long overdue. Why has the Department failed to process my FOI and as Right to Know puts it “broken the law” by doing so.

Can you please advise when this long overdue FOI will be finalised?

Yours faithfully,

Jenny

Dear Department of Veterans' Affairs,

As a month has passed since this FOI was due for decision, without any excuse or reason given by the Department as to why it has not done so despite three separate requests being made across that period to do so, it appears that even though this FOI was for one discrete document the Secretary publicly cited as consent for the MATES program to operate is intentionally and unlawfully being refused an FOI access application for.

That would be the only reason why the Department has continued to ignore and deny the processing of this FOI, given the Department had a statutory obligation to give such a decision over a month ago.

From this is leaves open only the Secretary lied to the Senate, and that no such consent has ever existed to enable the MATES program to operate, and that Department officers are now engaged in abuses of process to cover this up.

Yours faithfully,

Jenny

Dear INFORMATION.ACCESS,

That apology for breaching the FOI Act would have some weight if you explained why you had ignored your statutory obligations and why the Department had ignored follow-up until now.

No reason or explanation was given by you however.

Given the limited scope of this FOI for a document clearly reviewed by the Secretary recently before her Senate Estimates testimony there is no reasonable basis for the failure to comply with the statutory obligations of the FOI Act.

Yours sincerely,

Jenny

Dear INFORMATION.ACCESS,

This long overdue FOI that the department was required by law to give decision to on 18 December 2023 still had not received a decision and the department has still not given a reason for this even though this was requested a fortnight ago.

Is this yet another example of the intentional strategy of Veterans Affairs to disregard legal obligations it has and to shirk accountability that Royal Commissioner Kaldis recently criticised the department for?

Is it really that difficult to say what the cause of this extended and unreasonable delay is? Is that because it is a reason is an improper purpose that would get the department in trouble?

Yours sincerely,

Jenny

Dear INFORMATION.ACCESS,

If the Secretary was citing this document in Senate Estimates as proof of the existence, Joshua, surely she would know and have copy of that document.

I could understand if you received a cold call request for some vague and historical scope that this location activity might require an extended search time, but this for something the Secretary cited in testimony to the Senate Estimates committee hearing in November last year (a few months ago) as existing, that she clearly was aware of.

Your explanation, again vague and non-specific, just does not logically match up. You are being disingenuous and it is not appropriate.

Have you even asked the Secretary what document or documents she was citing? Surely this is the starting point for search activity - not randomly putting out search requests to areas of the Department who have nothing to do with the MATES program.

From what has been obtained, if the Secretary has no idea, then clearly she mislead the Committee in her testimony and should give notice of retraction of that claim (as should Mr Kefford, given the University of South Australia says they have knowingly misrepresented them).

Between the Secretary, Information Law and the Pharmacy Programs and Operations sections, who are the areas that are dealing with the MATES program, this search activity should have ceased long before now, for such a recently cited document by your own Secretary.

It appears the reasons for the continued failure of the Department to comply with s 15(5)(b) are not the ones you are claiming as the reason.

Yours sincerely,

Jenny

Dear Joshua,

On 19 January you wrote to me saying, in respect of the overdue decision due:

Good afternoon Jenny

I would like to apologise for the delay in getting this to you and assure you that we are working towards providing an outcome to your request.

Kind regards

Joshua | Assistant Director
Position Number: 62336362
Information Access Unit

More than month later that decision is still overdue, and you have provided no reason or excuse for your non-compliance with the FOI Act.

Perhaps your section should be renamed the Information Prevention of Access Unit to better reflect what you do, rather than based on the empty assertions you make.

Yours sincerely,

Jenny

Dear INFORMATION.ACCESS,

Despite the Department of Veterans’ Affairs claiming it would be providing a decision soon, after forcing this FOI to receive a deemed decision in early December, DVA have still not provided a decision three months after it was due.

I still have not received any legitimate explanation as to why, yet again, DVA has intentionally forced a deemed refusal decision and withheld statement of reasons.

Yours sincerely,

Jenny

Dear Joshua,

On 2 February you wrote saying:

Good afternoon Jenny

My apologies for the continued delay and any discomfort experienced while awaiting a decision from the department.

We are currently still consulting internally in order to locate the document(s) within the scope of your request and a response will be provided with priority once those consultations have concluded.

Your continued patience with us on this request is greatly appreciated.

Kind regards

Joshua | Assistant Director
Position Number: 62336362
Information Access Unit
Ministerial, International & Stakeholder Relations Branch
Ministerial, Communication & Engagement Division
Department of Veterans’ Affairs
1800 VETERAN (1800 838 372)
[DVA request email]
www.dva.gov.au

Another two months later and still nothing. This November 2023 FOI is now many months overdue and still DVA has provided no decision. All your previous claims that the decision is imminent have been lies unfortunately. You should remedy this immediately.

Yours sincerely,

Jenny

Dear INFORMATION.ACCESS,

I request copy of the record of administration of this FOI made on 17 November 2023 (5 months ago!), which I can see from other FOIs here you can produce from LEX, to see why such an unreasonable and extremely excessive delay has occurred.

Yours sincerely,

Jenny