OFFICIAL
Ref: LEX- 32836
Nosey Rosey
Right to Know
Via email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Nosey Rosey
Decision on your Freedom of Information request
I refer to your request, received by the Department of Agriculture, Fisheries and Forestry
(
department) on 14 December 2024 for access under the
Freedom of Information Act 1982 (Cth)
(
FOI Act) to the following documents:
‘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, inancial, or
service-related details concerning veterans or their dependents.
I am interested in obtaining a comprehensive understanding of what DVA client
information, DAFF has received or accessed and for what purposes. Speci ically, I request:
All records of data sharing arrangements between DVA and DAFF, including but not
limited to memoranda of understanding, service-level agreements, emails, letters,
meeting minutes, ile 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 DAFF 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 re lect 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 brie ings that
explain why DAFF sought access to this information, how it was intended to be integrated
into the agency’s operations, and any expected outcomes or bene its.
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A representative sample (in a suitably de-identi ied or redacted form) of the data or data
ields received, so long as providing this sample does not breach any exemption under
T +61 2 6272 3933
Agriculture House, 70 GPO
Box 858
agriculture.gov.au
F +61 2 6272 5161
Northbourne Avenue
Canberra ACT 2601 ABN 34
190 894 983
Canberra ACT 2601
the FOI Act. The purpose is to understand the nature and granularity of the information
shared, without disclosing identi iable personal details.’
On 17 December 2024 and 30 December 2024, you provided clari ications regarding your
request (as set out in
Attachment A). I considered these clari ications when making my decision.
My decision
I have decided to refuse your request for access to documents under section 24A of the FOI Act
on the basis that all reasonable steps have been taken to locate the documents you have
requested and I am satis ied that they do not exist.
Please see
Attachment A for the reasons for my decision.
You can ask for a review of my decision
If you wish to seek an internal review, you must apply to the department within
30 days after the
day you are noti ied of this decision. An application for internal review must be made in writing
by post to the FOI Of icer or email to xxx@xxx.xxx.xx.
Alternatively, you may apply directly to the Of ice of the Australian Information Commissioner
(
OAIC) to review my decision. An application for review by the Information Commissioner must
be made in writing within
60 days after the day you are noti ied of this decision. You may apply
for an OAIC review through the following link. You can also make a complaint to the Information
Commissioner if you have concerns about how the department handled your request.
You can ind information about requesting a review, making a complaint, and other information
about FOI on the OAIC website www.oaic.gov.au or phone the OAIC on 1300 363 992.
Further assistance
If you have any questions, please email xxx@xxx.xxx.xx.
Yours sincerely
Mark Sawade
First Assistant Secretary
Digital Business Division
10 January 2025
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Attachment A
REASONS FOR DECISION
What you have requested
On 14 December 2024 you made a request under the FOI Act for the following documents:
‘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, inancial, or
service-related details concerning veterans or their dependents.
I am interested in obtaining a comprehensive understanding of what DVA client
information, DAFF has received or accessed and for what purposes. Speci ically, I request:
All records of data sharing arrangements between DVA and DAFF, including but not
limited to memoranda of understanding, service-level agreements, emails, letters,
meeting minutes, ile 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 DAFF 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 re lect 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 brie ings that
explain why DAFF sought access to this information, how it was intended to be integrated
into the agency’s operations, and any expected outcomes or bene its.
A representative sample (in a suitably de-identi ied or redacted form) of the data or data
ields 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 identi iable personal details.’
On 17 December 2024 the department noti ied you that we do not consider your email without
further information being provided to be a valid request, as it did not identify the name of the
agency. On the same day, you clari ied that the request was directed to the Department of
Agriculture, Fisheries and Forestry:
On 23 December 2024, the department wrote to you to advise the department had conducted
preliminary searches relating to your request and the department’s Enterprise Data Branch is
not aware of any data sharing agreements with the Department of Veterans’ Affairs, and personal
information from the Department of Veterans’ Affairs is not included in the department’s most
recent Personal Information Holdings. As such, given the large period of time, and that from
preliminary searches it appears that there may not be any documents in the scope of your
request, the department asked you to provide further clari ication around documents you
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believe may be in the department’s possession (for example, a particular program between the
two agencies and/or a more speci ic timeframe).
On 30 December 2024 you provided the following clari ication:
‘Clari ication of Scope
My request pertains to any systematic or broad data-sharing arrangements involving
personal information originating from the Department of Veterans’ Affairs (DVA) that
may have occurred over the last ten years. Speci ically:
Programs or Contexts
Please focus on any collaborative programs, projects, or initiatives between DAFF and
DVA involving data sharing. For example, programs that support veterans in employment
or agricultural initiatives.
Relevant Documents
Memoranda of understanding (MOUs), service-level agreements (SLAs), or other formal
agreements relating to data sharing.
Policies, procedures, or guidelines outlining how DVA data is accessed, stored, or used by
DAFF.
Privacy impact assessments, internal reviews, or documents discussing the legal or
ethical considerations of handling DVA data.
Any reports or strategy documents explaining the purpose of DVA data use in DAFF
operations.
Exclusions
I do not seek access to individual complaint iles or other records that involve direct
interactions with veterans unless they are part of a broader data-sharing arrangement or
project.
Speci ic Timeframe
While my original request covers the last ten years, if this timeframe is too broad, I am
willing to narrow it to the past ive years (2019–2024).
Follow-Up Based on Preliminary Searches
While DAFF’s preliminary searches indicate there are no known data-sharing agreements
with DVA, I request that your searches include:
•
Historical agreements or discontinued programs that may have involved data
sharing with DVA.
•
Any correspondence or records from DAFF’s Enterprise Data Branch or other
divisions discussing DVA-related data-sharing matters.
If no relevant documents exist, I would appreciate a formal decision stating this, as
required under section 26 of the Freedom of Information Act 1982 (Cth).’
What I took into account
In reaching my decision, I took into account:
•
your original request received by the department on 14 December 2024 and the
subsequent correspondence on 17 December 2024 and 30 December 2024;
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•
information about:
o the nature of the documents; and o the department’s
operating environment and functions;
•
guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (
Guidelines); and
•
the FOI Act.
Reasons for my decision
I am authorised to make decisions under section 23(1) of the FOI Act.
Section 24A of the FOI Act
Section 24A of the FOI Act provides that:
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to ind the document; and
(b) the agency or Minister is satis ied that the document:
(i) is in the agency's or Minister's possession but cannot be found; or
(ii) does not exist.
Searches were undertaken by both the Digital Business Division and People Strategy & Safety
Branch.
The Digital Business Division conducted searches both on receiving your original request and
after receiving your clari ication of 30 December 2024. This included extensive title word and
document content searches in the department’s record management systems including Content
Manager. No documents in scope of the request were identi ied.
Searches were also undertaken by People Strategy & Safety Branch relating to the ‘Programs and
Contexts’ aspect of your request. This Branch advised that around the year of 2019 the
department had expressed interest in a Veterans Workforce Experience Program, however
participation in the Program did not eventuate. The department did not enter into any contracts
or MOU with DVA, or receive access to veteran information/personal details. As such, this
branch also did not locate any documents.
On the basis of these searches, I am satis ied, in accordance with section 24A of the FOI Act, that
all reasonable steps have been taken to ind the documents and the documents do not exist.
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