LEX6865
Nosey Rosey
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Nosey Rosey
FOI Request: Freedom of Information Request No. LEX 6865
Your FOI Request
On 14 December 2024 you wrote to the Australian Electoral Commission (
AEC) seeking access
under the
Freedom of Information Act 1982 (the FOI Act) to:
I seek 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.
...
All records of data sharing arrangements between DVA and [Authority name], 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 [Authority name]
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 [Authority name] sought access to this information, how it was intended to be integrated
into the agency’s operations, and any expected outcomes or benefits.
Document identifiers e.g. file number etc.
On Tuesday 24th of December 2024, the AEC wrote to you in accordance with s 24AA and s 24AB of
the FOI Act indicating that we were considering refusing your request on the basis of a practical
refusal reason. In that correspondence we indicated that a practical refusal reason exists because:
the request does not sufficiently identify the request documents (s 24AA(1)(b)); and the resource
impact of processing the request would be substantial and unreasonable (s 24AA(1)(a)). In giving
you an opportunity to revise your FOI request under a section 24AB consultation, we took reasonable
steps to help you revise the request including suggesting ways to frame the request so to reduce the
processing workload and identify the documents within scope.
You provided a response on Monday 30th December 2024. In your response, you confirmed that you
did not wish to revise the scope of the request, other than excluding duplicate and draft versions of
documents, and the personal information of AEC staff (other than senior executives).
Identification of Documents
With regard to the practical refusal reasons above, including the difficulty identifying documents
within the scope of the request, I contacted a number of relevant areas of the AEC in order to identify
documents relevant to the request. These areas conducted a range of searches in order to attempt to
determine the extent of the documents covered by this scope.
Decision
With regard to the information you have provided in your response, I have decided to refuse the
request on the basis that a practical refusal reason exists.
It is my assessment that your FOI request in its current form did not sufficiently identify the request
documents, and the work involved in processing your FOI request would substantially and
unreasonably divert the resources of the AEC from its other operations in the lead-up to a federal
election. This is grounds for a practical refusal under section 24(1)(a) and (b) of the FOI Act. I am
satisfied that the AEC has taken reasonable steps to attempt to identify the documents, ascertain the
resources required to process this request, and assist you to revise the request.
More information, including my reasons for my decision, is set out in
Attachment A.
Review Rights
You are entitled to seek review of this decision.
Attachment B sets out your rights to apply for review
if you are dissatisfied with my decision.
Yours sincerely
Megan
(862-35483)
Document identifiers e.g. file number etc.
