Unlawful calculations resulting in Underpayment of Entitlements

The request was refused by Services Australia.

Dear Services Australia,

Today's Ombudsman's report on unlawful income apportionment states that:

"a second phase of sampling is currently underway that will consider underpayments
and matters heard by the AAT"

I now seek the progress reports sent by Services Australia to DSS on this exercise. You may construe this request as being similar in all respects to my recent successful request LEX76245.

Yours faithfully,

Frank N Fearless

FREEDOMOFINFORMATION, Services Australia

Thank you for contacting the Freedom of Information (FOI) team in Services
Australia (the Agency).

 

This email acknowledges your correspondence and provides some general
information in relation to FOI.

 

Charges

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and the amount of any such charge as soon as practicable. No charge is
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Administrative release of documents

The Agency has administrative access arrangements in place for the release
of certain documents without the need for a formal FOI request. These
arrangements do not extend to information or material of third parties.

 

Exclusion of staff details

The Agency is working towards ensuring all staff have a choice about
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included in documents they will be redacted. If you request staff details
as part of your FOI application, this may add to processing time and
applicable charges as it will be necessary to consider whether these
details are exempt under the FOI Act.

            

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FOI.LEGAL.TEAM, Services Australia

1 Attachment

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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References

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FOI.LEGAL.TEAM, Services Australia

2 Attachments

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

[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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FOI.LEGAL.TEAM, Services Australia

1 Attachment

Dear Frank N Fearless

 

I refer to your FOI request dated 4 December 2023 and the below email
requesting an extension of time.

 

Could you please confirm at your earliest convenience, no later than COB
15 December 2023 if you agree to the extension of time to allow the Agency
until 2 February 2024 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

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.

 

 

From: FOI.LEGAL.TEAM <[email address]>
Sent: Friday, December 8, 2023 2:06 PM
To: '[FOI #10943 email]'
<[FOI #10943 email]>
Cc: FOI.LEGAL.TEAM <[email address]>
Subject: Action required – LEX 77492 - Your FOI Request – Request for
extension of time [SEC=OFFICIAL]

 

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

[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.
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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FOI.LEGAL.TEAM, Services Australia

2 Attachments

Dear Frank n Fearless,

 

Please find attached a decision letter dated 21 December 2023 in relation
to your request to access documents under the Freedom of Information Act
1982.

 

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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References

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OAIC - FOI DR,

4 Attachments

Our reference: RQ23/06237

Agency reference: LEX 77492

Services Australia;

Frank N Fearless

Extension of time application under s 15AB

Dear Parties,

Please find attached an extension of time decision relating to Frank N
Fearless’s FOI request with Services Australia.

 

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]
 
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.  

 

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References

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3. https://www.oaic.gov.au/engage-with-us/n...