Phoebe Autumn
Via email to:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Phoebe,
Freedom of Information Request LEX 51720 – Decision on access
I refer to the
Freedom of Information Act 1982 (
FOI Act) request to Services Australia on 9 September 2024
and subsequently transferred to the Department of Social Services (
Department) on 19 September 2024.
The request seeks access to:
rates of and internal documents of or related to incidents of customer aggression since 2005 to present at
the Department of Social Services, especially where they may relate to government policies, such as debt
col ections and denials of claims
I am authorised to make decisions in respect of FOI requests under subsection 23(1) of the FOI Act.
Decision
I have decided to refuse access to the documents sought by the request in ful as they consist entirely of
material that is:
• exempt under sections 38 (secrecy provision) of the FOI Act; or
• conditional y exempt under section 47F (personal privacy) of the FOI Act and access to that material
would be contrary to the public interest.
The documents and my decision in relation to each are set out in the Schedule of Documents at
Attachment A (
Schedule).
The reasons for my decision are set out in the Statement of Reasons at
Attachment B.
Additional Information
I have interpreted the scope of your request to be seeking incident reports or documents related to acts
of customer aggression directed at departmental staff in the course of their duties within the
Department’s offices.
Review rights and complaints
Information concerning how you may seek a review of this decision or make a complaint about the
handling of this request is at
Attachment C.
GPO Box 9820 Canberra ACT 2601
Email Facsimile Telephone 1300 653 227
National Relay Service: TTY: 133 677, Speak and listen: 1300 555 727, Internet relay: www.relayservice.com.au
www.dss.gov.au
Contact
If you would like to discuss any aspect of my decision, please contact me at
xxx@xxx.xxx.xx.
Yours sincerely
Sarah B
Authorised FOI Decision Maker
9 October 2024
Attachments
A – Schedule of Documents
B – Statement of Reasons
C – Review rights
ATTACHMENT A
SCHEDULE OF DOCUMENTS
Doc No Description of document
Decision
1.
e-form Incident Report
Exempt in full
Reference: 15477
Section 38 – secrecy provisions
Section 47F – names, direct contact details and work location of
departmental staff; personal information of a member of the public
2.
Form
Exempt in full
Workplace Hazard and/or Incident Report Form
Section 38 – secrecy provisions
Date of Incident: 22 September 2021
Section 47F – names and direct contact details of departmental staff
ATTACHMENT B
STATEMENT OF REASONS
Material on which the decision is based
1. I relied on the following material in coming to this decision:
• the terms of the FOI request;
• the documents subject to the FOI request;
• advice from subject matter experts within the Department regarding the nature and sensitivity
of the documents subject to the request;
• the FOI Act; and
• the Guidelines issued by the Office of the Australian Information Commissioner under section
93A of the FOI Act (FOI Guidelines).
Section 38 – material subject to a secrecy provision
2. Section 38 of the FOI Act provides in part that a document is an exempt document if its disclosure
(or the disclosure of information contained within that document) is prohibited under a provision
that is specified in Schedule 3 of the FOI Act. One such provision is section 99(1) of the
National
Redress Scheme for Institutional Child Sexual Abuse Act 2018 (
Redress Act), the effect of which is
discussed below. The section 38 exemption does not extend to the personal information of the
applicant, except where disclosure of the personal information would also reveal personal
information about another individual.
3. Section 99(1) of the Redress Act in part prohibits the disclosure of
protected information to another
person where they are not authorised to do so. Protected information is information about a
person or an institution that was provided to or obtained by an officer of the Scheme for the
purposes of the Scheme and is or was held in the records of the Department or the Human Services
Department (aka Services Australia).
4. Certain documents subject to the request (as identified in the Schedule) consist of material
generated in the work of officers of the National Redress Scheme. I am satisfied that this
information is protected information for the purposes of the Redress Act, being information that
was provided to or obtained by an officer of and for the purposes of the Scheme and is or was held
in the records of the Department. I am also satisfied that the protected information does not
contain the personal information of the applicant. Accordingly the disclosure of this material would
be prohibited under section 99(1) of the Redress Act (and therefore exempt under section 38 of the
FOI Act).
5. While there are authorisations to disclose protected information under the Redress Act in specified
circumstances, consistent with the decision i
n Il awarra Retirement Trust v Secretary, Department
of Health and Ageing [2005] FCA 170, a request made under the FOI Act does not oblige the
Department to authorise disclosure under the Redress Act, or otherwise create a right of access to
documents under the FOI Act. As a result, I have not considered disclosure under these provisions
as part of this decision.
Section 47F – Personal Information
6. Section 47F of the FOI Act relevantly provides that a document is conditional y exempt if its
disclosure under this Act would involve the unreasonable disclosure of personal information about
any person (including a deceased person). Access to the conditional y exempt document may only
be withheld where it is contrary to the public interest.
ATTACHMENT B
7. Certain documents subject to the request (as identified in the Schedule) contain personal
information, including the names, direct contact details and work locations of Departmental and
NDIS staff and the personal information of member of the public. I am satisfied that this personal
information is not publicly available, nor are the individuals concerned well known to be involved in
the matters described in the documents.
8. For the reasons above I am satisfied that disclosure of this personal information would be
unreasonable and therefore is conditional y exempt under section 47F(1) of the FOI Act.
9. When considering whether access to this personal information is contrary to the public interest I
acknowledge that access would inherently promote the objects of the FOI Act, demonstrating ful
transparency of government. However, providing access to this personal information would also
intrude on the privacy of the individuals to whom the personal information relates whilst also not
providing great insight into the decision making processes of the Department. This adverse effect
outweighs any benefit that could flow from disclosing that personal information.
10. As a result, I am satisfied that access to the personal information would be contrary to the public
interest, and have decided to withhold access to it.
ATTACHMENT C
INFORMATION ON REVIEW RIGHTS
You may seek review of this decision via:
(a) an internal review; or
(b) the Australian Information Commissioner (
Information Commissioner).
Internal review
If you apply for internal review, a fresh decision will be made by a different decision-maker within the
Department. An application for internal review must be:
(a) made in writing;
(b) made within 30 days of receiving this letter; and
(c) sent to
xxx@xxx.xxx.xx.
The application should also include the reasons why you think this decision should be reviewed.
If the internal review decision results in you not being provided access to all of the documents to which
you have requested access, you have the right to seek a further review by the Information
Commissioner.
Information Commissioner review
You can apply for the Information Commissioner to review this decision either immediately or following
an internal review decision. You must apply to the Information Commissioner within 60 days of the
receipt of this decision letter.
Further details on this process can be found on the Information Commissioner’s website at
https://www.oaic.gov.au/.
COMPLAINTS TO THE INFORMATION COMMISSIONER
You may also make a complaint to the Information Commissioner concerning actions taken by the
Department while exercising its powers or performing its functions under the FOI Act.
Further details on this process can be found on the Information Commissioner’s website at
https://www.oaic.gov.au/.