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Our Ref: LEX 3435
28 February 2025
NoseyRosey
By email
: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Nosey,
Freedom of Information request – refuse access to documents – diversion of resources
I refer to your request dated 18 December 2024, seeking access to the following documents under the
Freedom of Information Act 1982 (the Act):
Request
I am seeking documents held by the AFP relating to the sharing of personal information
originating from the Department of Veterans’ Affairs (DVA) over the last ten years.
I request any and all documents, records, data, and supporting material held by the AFP
concerning the sharing of personal information that the AFP has received from, or provided to,
the DVA. This includes any arrangements, whether one-off data exchanges or ongoing
systematic transfers of DVA client information, including personal, medical, financial, or service-
related details about veterans or their dependents. In particular, I am seeking copies of
memoranda of understanding, service-level agreements, internal correspondence, meeting
minutes, file transfer logs, policy documents, reports, and any other records that detail the nature,
purpose, and scope of information sharing between the AFP and the DVA.
If the AFP holds policies, procedures, or guidelines that govern how it requests, receives, stores,
handles, or uses data originating from the DVA, I request access to those documents as well.
Furthermore, if there have been any privacy impact assessments, ethics approvals, or internal
reviews that relate to the AFP’s use or handling of DVA-sourced information, I respectfully request
access to those records. Additionally, if the AFP has any documents describing the intended
uses, underlying rationale, or anticipated outcomes of accessing DVA client information, please
include these in the scope of the request. If practicable, I also seek a suitably de-identified sample
of the data fields to understand the nature and scope of the data shared.
If the AFP does not hold information beyond what is related solely to Centrelink Confirmation
eServices (CCeS) arrangements, and there are no other forms of DVA data shared, then it is not
necessary to provide the CCeS-related data. Otherwise, please include any relevant data or
documentation within the scope of this request.
On 7 January 2025, the AFP sent you an email advising that initial enquiries with business areas had
raised concerns on the broad nature of the scope of the request and their ability to conduct searches
for information over a 10 year time frame. It was noted that an extremely large amount of results would
be generated from internal correspondence searches alone and sought clarification on the information
OFFICIAL
Freedom of Information
/ GPO Box 401 Canberra City ACT 2601
/ Email: xxx@xxx.xxx.xx
POLICING FOR A SAFER AUSTRALIA
ABN 17 864 931 143
afp.gov.au
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sought in relation to the topic of personal information along with your agreement to revise the scope of
your request.
The same day your email response confirmed that you were seeking
“high-level documentation,
including memoranda of understanding, service-level agreements, and policies that govern these data-
sharing arrangements, however you did not agree to revising the wording of your request to only this
wording.
On 9 January 2025, the AFP sent you a further email acknowledging the clarification of documentation
sought and seeking consent to therefore revise the wording of the request in the following suggested
terms
“all current memoranda of understanding, service-level agreements, policies, procedures or
guidelines that govern how the AFP requests, receives, stores, handles or uses personal information
originating from the DVA”. It was advised that alternative wording could be suggested if this was not
agreeable.
On 10 January 2025, your email response posed questions asking the AFP to confirm whether there is
or has been large scale data sharing between the two departments before you would consider revising
the scope of your request.
The same day the AFP sent you a further email advising that it was unable to answer such questions
via the FOI process.
On 10 January 2025, the AFP notified you of its intention to refuse your request for a practical refusal
reason which existed under section 24AA(1)(a)(i) of the Act, on the basis that processing your request
would constitute a substantial and unreasonable diversion of the AFP’s resources from its other
operations. You were invited to revise your request.
On 11 January 2025, you responded via email confirming that you did not wish to revise your request
and requested that it be processed in its original form.
Authorised decision-maker I am authorised to make this decision in accordance with arrangements approved by the Commissioner
of Police under section 23 of the Act.
Decision I have decided to refuse your request for access to documents under section 24(1) of the Act. In making
my decision, I have had regard to the following material:
1. your request (and any revised request);
2. the outcome of the AFP’s preliminary searches in relation to your request;
3. the AFP’s notice advising you of its intention to refuse your request for a practical refusal
reason;
4. the Act; and
5. the Guidelines issued by the Australian Information Commissioner under s 93A of the Freedom
of Information Act 1982 (the FOI Guidelines).
Reasons Section 24(1) of the Act provides that if an agency is satisfied when dealing with a request for a
document that a practical refusal reason exists in relation to the request, the agency:
1. must undertake a request consultation process (see section 24AB of the Act); and
2. if, after the request consultation process, the agency is satisfied that the practical refusal
reason still exists- the agency may refuse to give access to the document in accordance with
the request.
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For the purposes of section 24 of the Act, a practical refusal reason exists in relation to a request for a
document if the work involved in processing the request would substantially and unreasonably divert
the resources of the agency from its other operations (section 24AA(1)(a)(i) of the Act).
In deciding if a practical refusal reason exists, an agency must have regard to the resources required
to perform the following activities specified in section 24AA(2) of the Act:
1. identifying, locating or collating the documents within the filing system of the agency;
2. deciding whether to grant, refuse or defer access to a document to which the request relates,
or to grant access to an edited copy of such a document, including resources that would have
to be used for:
(i)
examining the document; or
(ii)
consulting with any person or body in relation to the request;
3. making a copy, or an edited copy, of the document;
4. notifying any interim or final decision on the request.
Other matters may be relevant in deciding if a practical refusal reason exists such as the staffing
resources available to an agency for FOI processing, whether the processing can only be undertaken
by one or more specialist officers in an agency who have competing responsibilities, the impact that
processing may have on other work in an agency including FOI processing, and whether there is a
significant public interest in the documents requested.
Section 24AB(9) of the Act provides that an agency is only obliged to undertake a request consultation
process once for any particular request.
Work involved in processing your request Following receipt of your request, the AFP undertook preliminary searches in the form of an ICT email
audit for internal correspondence relating to the Department of Veteran Affairs (DVA) and identified at
least 272,084 documents that would need to be reviewed for relevance to your request. In the event the
AFP were to continue to process your request, a decision would need to be made on access to the
documents captured by your request. A sample of 100 documents in varying sizes were assessed to
determine if they fell within scope of your request. Based on this sample, there was a total of 4
documents found that fell within scope, totalling 37 pages. Therefore, I estimate the total combined
page number of documents captured by your request to be 100,671 pages. The time taken to assess
this 100-document sample for relevance, extraction of the emails from the audit software and
converting to pdf took approximately 30 minutes.
It was estimated that the time taken to just review the documents for relevance would equal
approximately 1360 hours. It is estimated that, having regard to the content of the documents reviewed,
the decision maker would require on average three minutes to review and assess each page for relevant
exemptions, taking approximately 5,033 hours in total to assess the documents. I therefore calculate it
would take at least 6,393 hours to completely assess the documents potentially identified as being
relevant to your request.
This estimated processing time doesn’t take into account any time needed to prepare an index, prepare
documents for potential release, and prepare a decision on access for the decision maker’s signing.
I note that there are many other document types requested within the request scope that would also
require searches to be performed across multiple business areas.
I am satisfied that the AFP would be required to divert significant resources from its current operations
to assess the documents, and to make a decision on access to those documents. This diversion would
result in a significant drain on the resources of the areas within the AFP that would be required to
process this request.
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In reaching this view, I have had regard to the public interest in providing access to documents but
consider the public interest in providing access is outweighed by the competing public interest in the
AFP performing its ordinary functions without substantial interference, including the processing of
other FOI requests. For the reasons given above, I consider that processing the request would be a
substantial and unreasonable diversion of the AFP’s resources from its other operations.
Review by the Australian Information Commissioner Under section 54L of the Act, you may apply to the Australian Information Commissioner to review my
decision. An application for review by the Information Commissioner must be made in writing within 60
days of the date of this letter, and be lodged in one of the following ways:
Online:
IC Review
Post: Director of FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5288
SYDNEY NSW 2001
COMPLAINT RIGHTS You may also make a complaint to the Australian Information Commissioner about the AFP’s actions
in relation to your request. Making a complaint about the way the AFP handled an FOI request is a
separate process to seeking review of this decision. Further information about how to make a complaint
is available at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/make-an-
foicomplaint Regards,
Lauren Bird
A/Deputy General Counsel
Commercial, Governance and Information Branch
Chief Counsel Portfolio
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