Our ref: FOI-2024/1217085115
14 January 2025
‘Nosey Rosey’
By email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Applicant,
Request for documents under the Freedom of Information Act 1982 (Cth)
1. I refer to your email to the Australian Human Rights Commission (the
Commission) dated 14 December 2024 making a request under the
Freedom
of Information Act 1982 (Cth) (FOI Act).
2. You requested the following:
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.
Specifically:
• 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
Australian Human Rights
GPO Box 5218
General enquiries
1300 369 711
Commission
Sydney NSW 2001
National Info Service
1300 656 419
ABN 47 996 232 602
www.humanrights.gov.au
TTY
1800 620 241
Australian Human Rights Commission
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.
• 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 [Authority name] received pertains solely to data linked to the
Centrelink Confirmation eServices (CCeS) arrangements as described at
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.servic
esaustralia.gov.au%2Fcentrelink-confirmation-eservices-
cces&data=05%7C02%7Cfoi%40humanrights.gov.au%7Ccfb990d21ab941ae89f60
8dd1bf226de%7Cea4cdebd454f4218919b7adc32bf1549%7C0%7C0%7C63869744
9214007476%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOi
IwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C40000
%7C%7C%7C&sdata=vw3SjQ8D%2BdGLqmBtWqP5n%2FG0C7tWKLYd9YmN5xm
wkic%3D&reserved=0, and there were no other forms of DVA data shared, then
no CCeS-related data needs to be provided under this request.
3. As your request to addressed and emailed to the Commission, we have taken
[Authority name] wherever it appears in your request to mean the
Commission.
4. On 19 December 2024, we wrote to you indicating that the scope of your
request was broad and unclear, and requested you to discuss this with you
over the phone.
5. On 30 December 2024 you responded to the Commission’s correspondence
indicating you did not consent to any telephone discussions, and rejecting
our position that your request was broad and unclear.
6. Consequently, we have interpreted your request within the parameters set
out by the specifics you included in your request.
7. I am an officer authorised under s 23(1) of the FOI Act to make decisions in
relation to FOI requests on behalf of the Commission.
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Australian Human Rights Commission
Searches
8. The Commission conducted searches for documents falling within the scope
of your request. This included contacting the Commission’s President, Chief
Executive, their support personnel, and all Senior Managers and Leaders of
each Commission business unit regarding your request.
9. I also undertook key word searches of the Commission’s files to locate
documents which may have fallen within the scope of your request.
10. No documents were identified as being within the scope of your request.
Decision
11. The Commission can only provide access to documents in its possession or
control.
12. On the basis of the searches conducted, which identified no documents
within the scope of your request, I have made the decision to refuse access
to documents pursuant to section 24A(1)(b)(ii) of the FOI Act, as I am satisfied
that the documents you have requested do not exist in the Commission’s
records.
Avenues of review
13. If you are dissatisfied with my decision or the searches undertaken in
connection with your request, you may apply for the decision to be reviewed.
There are two methods of review, as set out below. We encourage you to
seek internal review first as it may more rapidly resolve your concerns.
Internal review
14. Under s 54 of the FOI Act, you may apply for an internal review of my
decision.
15. To do this, you must write to the Commission within 30 days of the date of
this letter stating the reasons why you believe the review of the decision is
necessary. This correspondence may be sent by email to
xxx@xxxxxxxxxxx.xxx.xx.
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Australian Human Rights Commission
16. The internal review will be carried out by another officer authorised under
s 23(1) of the FOI Act to make decisions in relation to FOI requests on behalf
of the Commission within 30 days.
Information Commissioner Review
17. Under s 54L of the FOI Act, you may apply to the Australian Information
Commissioner to review my decision.
18. 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:
Information Commissioner Review Application Form
Email:
xxxxx@xxxx.xxx.xx
Post:
GPO Box 5288, Sydney NSW 2001
19. You may visit the Office of the Australian Commissioner website for more
information about a
review by the Information Commissioner.
Yours sincerely,
Anastasia Stomo
Senior Lawyer
T: 02 7904 2128
E:
xxxxxxxxx.xxxxx@xxxxxxxxxxx.xxx.xx
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