Systems integrator panel for WPIT

David Brown made this Freedom of Information request to Department of Human Services

The request was successful.

From: David Brown

Delivered

Dear Department of Human Services,

I would like to obtain all the documents published on AusTender website under RFT 1000401959 in relation to the Systems integrator panel for the WPIT program. The RFT was issued on 1 August 2016.

Yours faithfully,

David Brown

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From: FOI.LEGAL.TEAM
Department of Human Services


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Attachment LEX 34976 Registration Acknowledgement Letter final.pdf
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Dear Mr Brown

 

Please see the attached correspondence in relation to your Freedom of
Information request.

 

Kind regards

 

Isabella

Authorised Decision Maker

FOI and Litigation Branch | Legal Services Division

Department of Human Services

Email: [1][email address]

[2]Image

 

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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From: FOI.LEGAL.TEAM
Department of Human Services


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Attachment LEX 34976 Charges Charges letter.pdf
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Dear Mr Brown

 

Please see the attached correspondence in relation to your Freedom of
Information request.

 

Kind regards

 

Isabella

Authorised Decision Maker

FOI and Litigation Branch | Legal Services Division

Department of Human Services

Email: [1][email address]

 

[2]Image

 

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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From: David Brown

Delivered

Ref: LEX 34976

Dear Isabella,

Thank you for your response to my FOI request. However, given the nature of my request I am surprised by the $465.55 charge applied to it. I therefore request an internal review on the following grounds:

1. Because the documents concerned were published in a formal ATM on AusTender they should be held together as a group in a single location on your document management system, so no need to hunt around across multiple locations and formats, etc.

2. Because these documents have all been published there is no need to redact information.

3a. Because the subject of the request goes to the heart of a multi-billion dollar project (WPIT) involving the nation's health and welfare payments system, and that this documentation is the only detailed account of the project requirements, that it is in the public interest that this material be in the public domain.

3b. Further to this point, when DHS was asked for detailed information on WPIT in Senate hearings (Community Affairs Legislative Committee, 11 Feb 2016, p. 197) the Senate was referred to this documentation.

4. I only need this material in PDF format, not printed out (in case that is part of the cost).

5. I require this information to assist with PhD research I am undertaking on digital government, and not for commercial purposes.

Yours sincerely,

David Brown

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From: FOI.LEGAL.TEAM
Department of Human Services


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Dear Mr Brown,

 

Thank you for your email.

 

We will notify you of a consideration of the charges within 30 days.

 

Kind regards,

 

Isabella

Authorised Decision Maker

FOI and Litigation Branch | Legal Services Division

Department of Human Services

Email: [1][email address]

 

[2]Image

 

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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From: FOI.LEGAL.TEAM
Department of Human Services


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Attachment LEX 34976 Reconsideration of Charges Final Letter.pdf
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Dear Mr Brown

 

Please see the attached correspondence in relation to your Freedom of
Information request.

 

Kind regards

 

Isabella

Authorised Decision Maker

FOI and Litigation Branch | Legal Services Division

Department of Human Services

Email: [1][email address]

 

[2]Image

 

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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From: David Brown

Delivered

Dear FOI.LEGAL.TEAM,

Thank you for your response providing the result of your internal review, which reduced the proposed fee by 50% to $232.78. I have today paid that amount in full (receipt no: 90162156) and would like you to proceed with providing the documents.

There is, however, a part of your argument that should be challenged. On p. 4 of your decision you state: "...the documents were available to the public for a certain period of time, which has now passed. A contract now exists between the department and the successful tenderers. This contract is ongoing, and arguably it would not benefit the public to disclose documents that may compromise the commercial interests of the successful tenderers. To do so may dissuade suppliers from submitting tender responses to the department in the future, an outcome that is not in the public interest."

Given that the selected tenderer's competitors would have this material and that the final service conditions are in the contract, it is very difficult to imagine how the tender material could possibly compromise its commercial interests. I believe you may have been too ready to rely on this argument, perhaps simply because my request relates to a procurement process. You have not explained how the requested information could compromise the tenderer's commercial interests, which you seem too willing to put above the interests of transparency.

In any case, due to time constraints and the likelihood that this may not change the final cost, I want to proceed with the request on the basis of your review.

Yours sincerely,

David Brown

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From: FOI.LEGAL.TEAM
Department of Human Services


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Attachment LEX 34976 Third party consultation Letter.pdf
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Dear Mr Brown

 

Please see the attached correspondence in relation to your Freedom of
Information request.

 

Kind regards

 

Isabella

Authorised Decision Maker

FOI and Litigation Branch | Legal Services Division

Department of Human Services

Email: [1][email address]

 

[2]Image

 

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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From: David Brown

Delivered

Dear FOI.LEGAL.TEAM,

The extension period for my request expired yesterday. I paid the amount you requested in full before you decided to consult with a commercial third party, so I would appreciate the supply of the documents as soon as possible.

Yours sincerely,

David Brown

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From: FOI.LEGAL.TEAM
Department of Human Services


Attachment LEX 34976 Decision Your Freedom of Information request SEC UNOFFICIAL.html
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Attachment LEX 34976 Decision FINAL.PDF.pdf
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Dear Mr Brown

Please find attached the email correspondence which was originally sent to the relevant Right to Know address on 31 May 2018. There appears to be an issue with the Right to Know website receiving emails.

I have also attached the decision letter in the event you are unable to open the attached email correspondence.

Kind regards

Isabella
FOI Practitioner
FOI Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
[email address]

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Link to this

From: FOI.LEGAL.TEAM
Department of Human Services


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Attachment LEX 34976 Decision FINAL.PDF.pdf
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Dear Mr Brown

 

Please find attached correspondence in relation to your Freedom of
Information request.

 

Kind regards

 

Isabella

FOI Practitioner

FOI Team

FOI and Litigation Branch | Legal Services Division

Department of Human Services

[1][email address]

[2]cid:image001.png@01D3F90B.E8089770

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**********************************************************************
IMPORTANT: This e-mail is for the use of the intended recipient only and
may contain information that is confidential, commercially valuable and/or
subject to legal or parliamentary privilege. If you are not the intended
recipient you are notified that any review, re-transmission, disclosure,
dissemination or other use of, or taking of any action in reliance upon,
this information is prohibited and may result in severe penalties. If you
have received this e-mail in error please notify the sender immediately
and delete all electronic and hard copies of this transmission together
with any attachments. Please consider the environment before printing this
e-mail
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Ben Fairless left an annotation ()

Hi David, there was an issue with Right to Know which prevented some emails from being received for several days. This wasn’t caused by the authority. We apologise for any inconvenience.

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From: David Brown

Delivered

Dear Department of Human Services,

Request for internal FOI review—LEX 34976

I am writing to request an internal review of Department of Human Services's handling of my FOI request 'Systems integrator panel for WPIT'.

The main points of my objection to the decision are:
• The decision attempts to exempt all 37 documents when the grounds for doing so could not apply to all documents.
• Since the documents have previously been published, the stated arguments for the risks of disclosure for DHS and commercial interests are weak.
• The argument for secrecy relies on the Connolly case, which was decided before the public interest tests in the FOI Act were strengthened, and in which a clear and direct case for risk to the Commonwealth was established through expert testimony the AAT, no such link has been made here.
• There is a general absence of any clear explanation for how the disclosure of the requested material could adversely effect the government or commercial interests involved in the tender or the project.
• The Senate was directed to these documents as being the only publicly accessible detailed description of the WPIT project and DHS' requirements, further strengthening the public interest case for releasing the documents.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/s...

Yours faithfully,

David Brown

Link to this

From: FOI.LEGAL.TEAM
Department of Human Services


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Attachment LEX37628 Acknowledgement Letter Internal Review.pdf
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Dear Mr Brown

 

Please find attached acknowledgment of your request for internal review of
the decision on your recent Freedom of Information request.

 

Kind regards

 

Alice

Authorised FOI Decision Maker

Freedom of Information and Litigation Branch | Legal Services Division

Department of Human Services

Email [1][email address]

 

[2]Image

 

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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From: FOI.LEGAL.TEAM
Department of Human Services


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Attachment LEX 37628 Decision Internal Review Decision final.pdf
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Dear Mr Brown

 

Please see the attached internal review decision of LEX 34976.

 

Kind regards

 

Freedom of Information Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services

Email: [1][email address]

[2]cid:image002.png@01CE578F.EEB98AC0

 

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David Brown left an annotation ()

After being refused access to all these previously published documents and again being knocked back by an internal DHS review, I appealed to the Office of the Australian Information Commissioner. When the OAIC contacted DHS to let them know of their review, DHS decided to release the documents in full.

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