FOI24 587 Decision letter and Attachment A B.pdf

Our ref:
FOI24/587

17 March 2025

Nosey Rosey
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear applicant
Freedom of Information Request FOI24/587 – Decision letter
The purpose of this letter is to give you a revised decision for the Information Commissioner (IC) Review
matter MR25/00099 regarding the Attorney-General's Department's (department) deemed decision for
your request under the Freedom of Information Act 1982 (FOI Act).
Your request
On 14 December 2024, you requested access to:
… access to any and all documents, records, data, and supporting material held by [name of agency]
concerning the sharing of personal information originating from the Department of Veterans’
Affairs (DVA) over the last ten years. This includes any data transfers from or to the DVA, whether
they were one-off exchanges or ongoing, systematic transfers of DVA client information, including
personal, medical, financial, or service-related details concerning veterans or their dependents.
I am interested in obtaining a comprehensive understanding of what DVA client information
[authority name] has received or accessed and for what purposes.
Specifically, I request:
All records of data sharing arrangements between DVA and [Attorney-General's Department],
including but not limited to memoranda of understanding, service-level agreements, emails, letters,
meeting minutes, file transfer logs, internal reports, and instructions that outline what data was
shared, when it was shared, and the format or system used for the transfer.
Any policies, procedures, guidelines, or frameworks that govern how [Attorney-General's
Department] requests, obtains, stores, handles, or uses DVA client information. This includes
documents that detail the criteria for approving access to such data, any consent or authorization
processes, security controls, and retention or destruction policies.
Copies of any ethics committee approvals, privacy impact assessments, internal review board
decisions, or other documents that reflect deliberations or authorizations for obtaining DVA client
information. This includes records that show the agency considered the ethical, legal, or privacy
implications of receiving or using DVA client data.
Documents that outline the intended uses or practical applications of the DVA client data, such as
project proposals, business cases, internal strategy papers, or briefings that explain why [Attorney-
General's Department] sought access to this information, how it was intended to be integrated into
the agency’s operations, and any expected outcomes or benefits.
A representative sample (in a suitably de-identified or redacted form) of the data or data fields
received, so long as providing this sample does not breach any exemption under the FOI Act. The

purpose is to understand the nature and granularity of the information shared, without disclosing
identifiable personal details.
If the only data [Attorney-General's Department] received pertains solely to data linked to the
Centrelink Confirmation eServices (CCeS) arrangements as described at
https://www.servicesaustralia.gov.au/centrelink-confirmation-eservices-cces, and there were no
other forms of DVA data shared, then no CCeS-related data needs to be provided under this request.
On 16 December 2024, the department acknowledged your request and in response on the same day you
confirmed that you are seeking documents that relating to the Attorney-General’s Department.
On 3 March 2025 the OAIC issued the department with a notice under 55T requesting the department
make a revised decision under s 55G of the FOI Act by 24 March 2025 and provide that decision to you.
My decision
I am an officer authorised under s 23(1) of the FOI Act to make decisions in relation to freedom of
information requests made to the department.
Under s 55G of the FOI Act, an agency may vary (or set aside or substitute) an access refusal decision in
relation to a request or an application under s 48 at any time during an IC review of the access refusal
decision if the variation or substitution (‘the revised decision’) would have an effect of giving access to a
document in accordance with the request. This is therefore the revised decision made under s 55G of the
FOI Act as the original decision was not made within the statutory time frame.
I have identified 6 documents that fal  within the scope of your request. I did this by making inquiries of
staff likely to be able to identify relevant documents and arranging for comprehensive searches of relevant
departmental electronic and hard copy holdings.
In making my decision regarding access to the relevant documents, I have taken the fol owing material into
account:
•  the terms of your request
•  the content of the documents identified as within scope of your request
•  the provisions of the FOI Act
•  the views of a third party consulted by the department under s 27 and;
•  the FOI Guidelines issued by the Australian Information Commissioner (the Guidelines).
Section 17 of the FOI Act requires an agency to produce a written document containing information that is
stored electronical y and not in discrete written form. Examples include a transcript of a sound recording or
the production of a statistical report from an agency’s dataset. The obligation to provide a written
document arises if:
•  the agency could produce a written document containing the information by using a ‘computer or
other equipment that is ordinarily available’ to the agency for retrieving or collating stored
information (s 17(1)(c)(i)), or making a transcript from a sound recording (s 17(1)(c)(i )) and;
•  producing a written document would not substantial y and unreasonably divert the resources of
the agency from its other operations (s 17(2)).
If those conditions are met, the FOI Act applies as if the applicant had requested access to the written
document and it was already in the agency’s possession.

In accordance with s 17 of the FOI Act, the department has accessed its computer systems to produce four
documents which contain information fal ing within the scope of your request. The information produced
Attorney-General's Department Freedom of Information Request FOI24/587 Decision letter
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in the document existed in the possession of the department on 16 December 2024 when your FOI request
was acknowledged.
I have decided to grant access in part to 6 documents.
Additional information
In accordance with s 55(G)(2) of the FOI Act, the department will forward a copy of this revised decision to
the OAIC.
The schedule of documents at Attachment A sets out brief information about each document within the
scope of your request and my decision in relation to access to each of those documents.
The statement of reasons at Attachment B sets out the reasons for my decision to refuse access to certain
material to which you have requested access.
The documents to which I have decided to grant ful or partial access under the FOI Act are at
Attachment C.
If you wish to discuss this decision, the FOI case officer for this matter is Alistair, who can be reached on
(02) 6141 6666 or by email to xxx@xx.xxx.xx.
Yours sincerely

Adam Nott
Assistant Secretary
Identity and Biometrics Policy Branch
Attorney-General's Department Freedom of Information Request FOI24/587 Decision letter
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Attachment A - Schedule of documents - Freedom of Information Request FOI24/587
Doc  Date
No.  Description
Access decision
Exemption/s applied
no.
pgs
1
13 April 2018
28  Memorandum of Understanding between
Grant access in part  s 47E(d): Certain operations of agencies
Department of Home Affairs and Department of
s 47F(1): Personal Privacy
Veterans’ Affairs

2
6 February 2019
1
Signed variation of the Memorandum of
Grant access in part  s 47E(d): Certain operations of agencies

Understanding

s 47F(1): Personal Privacy

3
16 December 2024  3
Document Verification Service system pivot table  Grant access in part  s 47E(d): Certain operations of agencies
from external database

4
16 December 2024  1
Document Verification Service system pivot table  Grant access in part  s 47E(d): Certain operations of agencies

from external database

5
16 December 2024  18  Document Verification Service system
Grant access in part  s 47E(d): Certain operations of agencies

transactions from external database

6
16 December 2024  4
Document Verification Service system
Grant access in part  s 47E(d): Certain operations of agencies

transactions from external database

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Attachment B - Statement of reasons - FOI24/587
This document, when read in conjunction with the schedule of documents at Attachment A,
provides information about the reasons I have decided not to disclose certain material to you in
response to your request for documents under the Freedom of Information Act 1982 (FOI Act).
Public interest conditional exemptions
An agency or minister can refuse access to a document or part of a document that is conditional y
exempt from disclosure under Division 3 of Part IV of the FOI Act. Documents for your request which
are conditionally exempt under Division 3 relate to certain operations of agencies (s 47E) and
personal privacy (s 47F).
Brief information about each of the conditional exemptions applied when making a decision about
disclosure of each of the documents to which you have requested access is set out below. Additional
information about each of these conditional exemptions can be obtained from the Guidelines
available at: https://www.oaic.gov.au/freedom-of-information/foi-guidelines/part-6-conditional-
exemptions.
Where a document is assessed as conditionally exempt, it is only exempt from disclosure if
disclosure would, on balance, be contrary to the public interest. The public interest test is weighted
in favour of giving access to documents so that the public interest in disclosure remains at the
forefront of decision making.
A single public interest test applies to each of the conditional exemptions. This public interest test
includes certain factors that must be taken into account where relevant, and other factors which
must not be taken into account. My reasoning in regard to the public interest are set out under the
heading ‘Section 11A(5): Public interest test’ below.
Section 47E: Public interest conditional exemption - certain operations of agencies

Section 47E of the FOI Act provides that a document is conditional y exempt if its disclosure would,
or could reasonably be expected to, do any of the fol owing:
(a)  prejudice the effectiveness of procedures or methods for the conduct of tests, examinations
or audits by an agency;
(b)  prejudice the attainment of the objects of particular tests, examinations or audits conducted
or to be conducted by an agency;
(c)  have a substantial adverse effect on the management or assessment of personnel by the
Commonwealth or by an agency;
(d)  have a substantial adverse effect on the proper and efficient conduct of the operations of an
agency.
Section 47E(d)
Material within document 1 consists of email addresses, telephone numbers and website links to an
external service provider, which are used by the department and the Department of Veterans’
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Affairs for internal and operational reasons. I have decided to apply the exemption to this
information as the disclosure of this information would be likely to result in various (including
unreasonable and vexatious) communications and inquiries being received into the relevant areas of
the department and the Department of Veterans’ Affairs, although they are not resourced to
manage that work.
I confirm the email addresses and telephone numbers are not publicly available in the Australian
Government Directory, nor do they appear to be otherwise publicly available. I further note that the
department and the Department of Veterans’ Affairs have established channels of communication
through which members of the community and the media may submit enquiries and feedback.
I have decided to apply the exemption to certain financial information in documents 1 and 2
concerning the Department of Veterans’ Affairs expenditure costs that are related to the connection
of the Document Verification Service, which is paid to the Attorney-General’s Department. Revealing
the expenditure costs belonging to the Department of Veterans’ Affairs will affect the department’s
relationship with that department.
Material within documents 3-6 consists of data relating to Document Verification Service
transactions run through the Department of Veterans’ Affairs departmental systems. We are unable
to determine the specific identification documents belonging to private individuals who are utilising
the department’s services. The transaction data specifies to the number of identity documents that
are processed for their department’s systems.
Disclosure of this information may have an adverse effect on the Department of Veterans’ Affairs
ability to collect and verify future proof of identity documents, which are required to facilitate an
individual’s right to access information and obtain services from the department. Furthermore, the
disclosure of this information could impact the Department of Veterans’ Affairs ability to accurately
meet its obligations to deliver services to clients and to protect the personal information their
department holds as part of these delivery requirements. Release of the information may have a
substantial and adverse effect on the proper and efficient conduct of the agency’s operations.
Accordingly, I am satisfied that this material is conditionally exempt under s 47E(d) of the FOI Act. I
have turned my mind to whether disclosure of the information would be contrary to the public
interest and have included my reasoning in this regard below under the header ‘Section 11A(5):
Public interest test’.
Section 47F: Public interest conditional exemption - personal privacy
Section 47F(1) of the FOI Act provides that a document is conditionally exempt if its disclosure would
involve the unreasonable disclosure of personal information about any person (including a deceased
person). For the purposes of the FOI Act, personal information is defined as: information or an
opinion about an identified individual, or an individual who is reasonably identifiable whether the
information or opinion is true or not; and whether the information or opinion is recorded in a
material form or not.
In documents 1 and 2 I have identified the names of departmental staff and their contact email
addresses and phone numbers while performing their duties. I have decided to release the staff
name of a former Director who was promoted to Assistant Secretary (SES 1 Band Level). The
promotion was highlighted in the signed updated agreement in document 2 and connects their work
conducted in the documents that you are seeking.
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In deciding whether to conditional y exempt the personal information described above, I have had
regard to the fol owing factors set out in s 47F(2) of the FOI Act:
(a)  the extent to which the information is well known;
(b)  whether the people to whom the information relates are known to be (or to have been)
associated with the matters dealt with in the document;
(c)  the availability of the information from publicly accessible sources;
(d)  any other matters that the agency considers relevant.
My reasons for applying the s 47F(1) exemption to each of the categories of personal information
listed above are set out below.
In my view the relevant personal information is not well known, nor are the persons concerned
general y known to be (or to have been) associated with the particular matters dealt with in the
documents. The information is known only to the persons whose information appears in the
documents and departmental officers with responsibility for the matters concerned. In consultation
with the Department of Veterans’ Affairs and the Department of Home Affairs they objected to
disclosure of personal information belonging to employees of their departments.
Accordingly, I am satisfied that the personal information of individuals is conditional y exempt under
s 47F(1) of the FOI Act. I have turned my mind to whether disclosure of the information would be
contrary to the public interest, and have included my reasoning in this regard under the header
‘Section 11A(5): Public interest test’.
Section 11A(5): Public interest test
Access to a conditional y exempt document must general y be given unless doing so would be
contrary to the public interest. The Guidelines issued by the OAIC provide at paragraph 6.222 that
the public interest test is considered to be:
•  something that is of serious concern or benefit to the public, not merely of individual interest,
•  not something of interest to the public, but in the interest of the public,
•  not a static concept, where it lies in a particular matter will often depend on a balancing of
interests,
•  necessarily broad and non-specific, and
•  related to matters of common concern or relevance to all members of the public, or a
substantial section of the public.
In deciding whether to disclose conditional y exempt material, I have considered the factors
favouring access set out in s 11B(3) of the FOI Act. I have not taken into account the irrelevant
factors listed under s 11B(4) of the FOI Act.
Of the factors favouring disclosure, I consider that release of the conditional y exempt material
identified for your request would promote the objects of the FOI Act, including by:
•  promoting the objects of the FOI Act, including by:
-  informing the community of the Government’s operations
•  promoting effective oversight of public expenditure
•  allowing a person to access:
-  his or her personal information and;
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•  advancing the fair treatment of individuals and other entities in accordance with the law in
their dealings with agencies.
The FOI Act does not list any specific factors weighing against disclosure. However, I have considered
the non-exhaustive list of factors against disclosure in the Guidelines as well as the particular
circumstances relevant to the conditionally exempt material.
I consider the release of the conditionally exempt material could, as the case may be, reasonably be
expected to prejudice:
•  the protection of an individual’s right to privacy, including where:
-  the personal information is that of a government employee in relation to their
duties and the disclosure of the information could be reasonably considered to
reveal information about their personal life
•  the fair treatment of individuals
•  the Attorney-General’s Department’s ability to obtain similar information in the future
•  prejudice the competitive commercial activities of an agency
•  harm the interests of an individual or group of individuals and;
•  the management function of the Attorney-General’s Department.
On balance, I consider the factors against disclosure outweigh the factors favouring access and that
providing access to the conditionally exempt material identified for your request would be contrary
to the public interest.

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