Good afternoon Jason,

Thank you for your request. Before we proceed, we would like to clarify if
it is the IPS Plan you are wanting access to. This is because your request
seeks access to the “…Manual…” under Part II of the FOI Act. The
Department’s IPS Plan, which is developed with regard to Part II of the
FOI Act is publicly available on our website (see
[1]https://www.dva.gov.au/about-us/overview...
).

Grateful if you could confirm whether that is what you are seeking access
to and if so, whether you wish to withdraw your FOI request.

Thank you.

Kind Regards,

Information Law Section

Legal Services and Audit Branch

Department of Veterans’ Affairs

t 1800 555 254 | e [2][email address]  | [3]www.dva.gov.au

[4]cid:image001.png@01D0027A.1DAB84F0

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** This is an automated response. Please do not reply to this email **

IMPORTANT INFORMATION

Thank you for your email. The Department will take all reasonable efforts
to respond to your email and process your request.

Please note that due the threat of COVID-19 (Coronavirus), the Department
is experiencing a diversion of resources that are critical to managing
Australia’s response. This means we may not be able to process your
request within the expected timeframe and where needed, will be seeking
extensions of time to manage requests and may need to consult with you if
your request is not clear or is for a large and unmanageable number of
documents. The Department remains committed to ensuring it can process as
many information access requests as it can during the pandemic. We ask for
your assistance by only making requests where they are of a priority and
to ensure those requests are as specific as possible.

We apologise for the inconvenience and appreciate your understanding,
cooperation and patience during this difficult time for all Australians.

More detailed messaging can be found on the Department’s website at
[1]https://www.dva.gov.au/newsroom/latest-n....

Kind regards,

Information Law Section
Department of Veterans' Affairs

References

Visible links
1. https://www.dva.gov.au/newsroom/latest-n...

Dear Jason,

Thank you for clarifying the scope, it is very much appreciated. The reference you made to Part II of the FOI Act may have caused confusion, as the document (ISP Plan) is the one created under Part II of the FOI Act.

The Department can proceed to process your request on the clarified scope below. However, in the interest of transparency, we advise that the Department does not currently have a complete FOI Manual at this point in time. Some valuable and comprehensive resources and guidance materials the Department refers to regularly in managing its FOI work are publicly available. Of importance, are the useful FOI resource materials and FOI Guidelines issued by the Office of the Australian Information Commissioner at https://www.oaic.gov.au/freedom-of-infor... and also the Department of the Prime Minister and Cabinet's FOI Handbook which can be found at https://www.ag.gov.au/sites/default/file...

If you would still like us to process your request please let us know.

Kind Regards,

Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
t 1800 555 254 | e [email address] | www.dva.gov.au
p GPO Box 9998, Canberra ACT 2601

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** This is an automated response. Please do not reply to this email **

IMPORTANT INFORMATION

Thank you for your email. The Department will take all reasonable efforts
to respond to your email and process your request.

Please note that due the threat of COVID-19 (Coronavirus), the Department
is experiencing a diversion of resources that are critical to managing
Australia’s response. This means we may not be able to process your
request within the expected timeframe and where needed, will be seeking
extensions of time to manage requests and may need to consult with you if
your request is not clear or is for a large and unmanageable number of
documents. The Department remains committed to ensuring it can process as
many information access requests as it can during the pandemic. We ask for
your assistance by only making requests where they are of a priority and
to ensure those requests are as specific as possible.

We apologise for the inconvenience and appreciate your understanding,
cooperation and patience during this difficult time for all Australians.

More detailed messaging can be found on the Department’s website at
[1]https://www.dva.gov.au/newsroom/latest-n....

Kind regards,

Information Law Section
Department of Veterans' Affairs

References

Visible links
1. https://www.dva.gov.au/newsroom/latest-n...

Dear Jason,

Thank you for your reply, it is appreciated. We will proceed to process your request on the basis that you seek access to a FOI Manual currently used by staff. Please advise if this interpretation is incorrect.

Further information
Your FOI request has been given the reference number FOI 37926 and a decision is due by 21 September 2020.

Interrupted work practices impacted by COVID-19
The Department is continuing to work through its FOI case load as quickly as possible. However, the Department is and will continue to experience an interruption in the way it will be able to manage FOI requests. As you are likely to be aware, COVID-19 (Coronavirus) has been declared a pandemic by the World Health Organisation. As the Department focuses its efforts on managing the impact of COVID-19 on its critical services and employees, other non-critical services may not be delivered within expected timeframes. It is possible that during this time, business areas that would ordinarily have capacity to undertake searches and assist in the processing of FOI requests may not be readily available to provide that assistance. This may have an impact on the manner and timeframe in which the Department can process FOI requests. We apologise for the inconvenience and appreciate your patience and cooperation during this period.

When the processing period may be extended or suspended
As noted above, there are times when the timeframe for processing your request might be extended by an additional 30 days. This can occur where an extension of time has been agreed to by yourself under section 15AA of the FOI Act or where the OAIC has granted an extension of time under sections 15AB or 15AC of the FOI Act. In addition, if documents you seek contain information of third parties and the Department is of the view that is practical to consult with the third parties, then the Department will be afforded an additional 30 days to undertake that consolation process (see sections 15(6), 26A, 27 and 27A of the FOI Act). The Department will advise you if a third party consultation process is required and of the revised due date for your request to be finalised by. Additionally, there are occasions where the time to process your request may be suspended. This will usually take place if a practical refusal consultation process takes place (section 24AB of the FOI Act) or if a charges notice is issued to process your request (section 29 of the FOI Act). If the Department decides that either of these apply to your request, the Department will notify you.

Communication with you
The FOI Act requires that you provide us with an address which we can send notices to. We will continue to communicate with you via this email address unless you advise otherwise. We will send all notices and correspondence to this email address. Please advise us if you wish correspondence to be sent to another address or if your address changes. If you do not advise us of changes to your address, correspondence and notices will continue to be sent to the address specified above.

FOI Disclosure log – Publication of documents released under the FOI Act
Please note that information released under the FOI Act may be published in a disclosure log on the Department’s website at https://www.dva.gov.au/about-us/overview.... Section 11C of the FOI Act requires this publication, however it is subject to certain exceptions, including where publication of personal, business, professional or commercial information would be unreasonable. When a decision is provided to you, the Department will advise if the documents released to you will be published on the Department’s FOI Disclosure log.

Contacting us about your FOI request
We will email again when the Department has more information. Should you have any enquiries concerning this matter, please send an email to [email address]

Further information on FOI processing can be found at the website of the OAIC at https://www.oaic.gov.au/freedom-of-infor....

Thank you for your cooperation and clarification, it is appreciated.

Yours sincerely,

Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
t 1800 555 254 | e [email address] | www.dva.gov.au p GPO Box 9998, Canberra ACT 2601

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Dear Jason (Right to Know)

Please see attached decision in request of FOI 37926.

The Department did intend to notify this decision on 21 September 2020,
however the Department was unfortunately unable to finalise a decision
within this time period. We apologise for this inconvenience.

The Department will notify the OAIC of this error and request a small
extension of time under section 15AC of the FOI Act, so that the decision
is not considered deemed refused. This extension of time will not impact
on the decision issued to you, or your review rights.

Kind regards

Molly (Position Number 62213164)

Legal Officer

Information Law Section

Legal Services and Audit Branch

Department of Veterans’ Affairs

t 1800 555 254 | e [1][email address] | [2]www.dva.gov.au

p GPO Box 9998, Canberra ACT 2601

[3]cid:image001.png@01D0027A.1DAB84F0

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[4]cid:image001.png@01D32593.9CC39540The Department acknowledges the
Traditional Owners of the land throughout Australia and their continuing
connection to country, sea and community. We pay our respect to all
Aboriginal and Torres Strait Islander peoples, their cultures and to their
elders past and present.

IMPORTANT: This document contains legal advice and may be subject to legal
professional privilege. Unless it is waived or lost, legal professional
privilege is a rule of law that, in part, provides that the client need
not disclose confidential communications between a legal practitioner and
client. To keep this privilege, the purpose and content of this advice
must only be disclosed to persons who have a need to know and on the basis
that those persons also keep it confidential.

You should consider this advice and take it into account when forming a
decision on how best to proceed. If you decide to adopt a position that
does not align with this advice, you should not state that DVA Legal
Services & Audit Branch has cleared or endorsed a particular position.

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Our reference: RQ20/03473

Agency reference: 37926

Jason

Sent by email: [1][FOI #6620 email]

Extension of time under s 15AC

Dear Jason

Please find attached a decision of today’s date.

Kind regards,

[2][IMG]   Avanithah Selvarajah  |  Assistant
Review and Investigations Adviser

Freedom of information

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [3]oaic.gov.au

+61 2 9284 9625 | 
[4][email address]
[9]Subscribe to
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Matters

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