FOI Reference: LEX 11874
File Reference: 24/42219
December 2024
Nosey (Right to Know)
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Nosey
RE: Freedom of Information Request -
Notice of intention to refuse request
I refer to your request received by the Department of Foreign Affairs and Trade (the
department) on 14 December 2024 for 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.
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:
Al 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
R G Casey Building John McEwen Cres Barton 0221
DFAT.GOV.AU
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+61 2 6261 1111
@DFAT
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 Centrelink
Confirmation eServices (CCeS) - Services Australia, and there were no other forms of
DVA data shared, then no CCeS-related data needs to be provided under this request.
I emphasize that I am not authorizing the transfer of this FOI request to the
Department of Veterans’ Affairs or any other agency. If [Authority name] holds the
requested information, it should provide it directly. If there are parts of this request
that [Name of Agency] does not understand or believes are not held, I invite you to
contact me to clarify or refine the scope under section 24AB of the FOI Act, rather
than initiating a transfer. However, I do not consent to the transfer of this request to
another entity. The FOI Act places the onus on agencies to process requests for
documents they hold, and I expect [Authority name] to meet its responsibilities in this
regard.
I note that the statutory timeframe for processing FOI requests is 30 days from the
date of receipt. I do not consent to any extension of time due to internal reduced
activity periods, holiday stand-down periods, or other internal operational issues. If
[Authority name] considers that it cannot meet the 30-day timeframe, it may seek an
extension from the Office of the Australian Information Commissioner as provided
under section 15AB of the FOI Act. I request to be notified if such an application is
made.
If you consider any part of this request too broad or complex, please contact me
promptly to discuss refining its scope. I remain wil ing to consider adjustments that
will assist efficient processing, provided that they occur within the statutory
timeframe and do not undermine the substance of what I am seeking.
I believe that disclosure of these documents is in the public interest, as it promotes
transparency and accountability in how government agencies access and use
sensitive personal information about veterans. Should you consider charges
applicable, I request that you exercise your discretion to reduce or waive them, given
the importance of the matter and its alignment with the principles of open
government and public accountability.
Notice of intended practical refusal
In accordance with section 24AB(2) of the FOI Act, I am providing you notice of my intention
to refuse access to the documents captured by your request.
The reason for the proposed practical refusal is that your request does not satisfy the
requirement in section 15(2)(b) of the FOI Act to provide such information concerning the
document as is reasonably necessary to enable a responsible officer of the department to
identify it (section 24AA(1)(b) of the FOI Act).
Having reviewed your request, I am of the view that you have not provided sufficient
information to al ow the department to identify the documents you seek as we have been
unable to identify any relevant line areas within Australia or any overseas Embassies or High
Commissions with that may be tasked with searching for documents.
The department has attempted to seek this information from you informally, but we are yet
to receive a response to our emails of 16 December 2024 and 19 December 2024.
Sections of the FOI Act referred to in this notice are accessible at www.legislation.gov.au.
Consultation to revise the scope of the request
Pursuant to section 24AB(2)(e) of the FOI Act, you have 14 days from the day you are given
this notice to:
a. withdraw your request,
b. revise the scope of your request in such a way that enables officers of the
department to identify areas of the department that can be tasked to undertake
search for relevant documents, or
c. inform the department that you do not wish to revise your request.
I invite you to contact me (via xxx@xxxx.xxx.xx) should you wish to revise the request in
order that it may be processed. I am happy to take any reasonable steps to provide you, as
far as is reasonably practicable, with any information to assist you in doing so.
In your consideration of a revised scope, you may wish to consider providing further clarity
or direction as to what records you are seeking. You may find it useful to consult our
organisation chart and advise us which branch are area of the department we should task
your request to.
Please note that under section 24AB(7) of the FOI Act, if you do not
consult the contact
person during the consultation period, make a revised request or indicate that you do / do
not wish to revise the scope of your request, your request will be considered to have been
withdrawn.
Please also be aware that during this period of consultation, the statutory timeframe under
section 15(5) of the FOI Act for the processing of your request is on hold (see section
24AB(8) of the FOI Act for details).
Contact
Should you have any queries regarding this decision please contact the Freedom of
Information Section by email: xxx@xxxx.xxx.xx.
Yours sincerely
Brooke King
Brooke King
Director
Freedom of Information Section
