If not delivered return to PO Box 7820 Canberra BC ACT 2610
28 January 2025
Our reference: LEX 82950
Nosey Rosey
Only by email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Nosey Rosey,
Decision on your Freedom of Information Request
I refer to your request dated and received by Services Australia on 14 December 2024, and
revised on 30 December 2024 for access under the
Freedom of Information Act 1982 (the
FOI Act) to the following documents:
The following documents concerning the sharing of personal information originating
from the Department of Veterans Af airs with Services Australia, over the last ten
years:
- Formal Agreements: Memoranda of understanding (MOUs), service-level
agreements (SLAs), or other agreements formalizing the sharing of personal
information originating from the Department of Veterans’ Affairs (DVA) with Services
Australia.
- Governance Documents: Policies, procedures, guidelines, or frameworks governing
how Services Australia requests, stores, handles, or uses DVA client information.
This includes approval criteria, security controls, retention policies, and consent
processes.
- Privacy Assessments: Privacy impact assessments, internal reviews, or ethical
considerations related to handling DVA client information.
- Purpose and Use: Reports, project proposals, or other documents explaining why
and how Services Australia uses DVA client information.
Exclusions: I do not seek access to individual-level complaint files, case records, or
data linked solely to Centrelink Confirmation eServices (CCeS).
Duplicate documents, email chains, or drafts where final versions are available may
also be excluded.
My decision
I have decided to refuse your request under section 24(1) of the FOI Act because a 'practical
refusal reason' stil exists under section 24AA of the FOI Act. I am satisfied under section
24AA(1)(b) that your request does not provide sufficient information to enable Services
Australia to identify the documents you are seeking, as required by section 15(2)(b) of the
FOI Act.
PAGE 1 OF 7
The reasons for my decision, including the relevant sections of the FOI Act, are set out in
Attachment A.
You can ask for a review of our decision
If you disagree with the decision you can ask for a review. There are two ways you can do
this. You can ask for an internal review from within the Agency, or an external review by the
Office of the Australian Information Commissioner. See
Attachment B for more information
about how to arrange a review.
Further assistance
If you have any questions please ema
il xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Michelle
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Reviews | Legal Services Division
Services Australia
PAGE 2 OF 7
If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment A
REASONS FOR DECISION
What you requested
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 commit ee 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.
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.servicesaustralia
.gov.au%2Fcentrelink-confirmation-eservices-
cces&data=05%7C02%7Cfreedomofinformation%40servicesaustralia.gov.au%7C77172b435
27c44b2327608dd1bf7356d%7C627250e63e294861a084aad68ccfcccc%7C0%7C0%7C638
697470910559739%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiI
wLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C60000%7C%
7C%7C&sdata=rmyz8%2F4IpxP2ntRuBzf9QqrjUXgBfzcyHAZZlVFDjnc%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.
PAGE 3 OF 7
Request consultation process
On 19 December 2024, we wrote to you providing a notice of intention to refuse your request
under section 24AB(2) of the FOI Act as your request did not clearly identify the documents
you were seeking access to. We gave you an opportunity to consult with the Agency to
revise your request so as to remove the practical refusal reason. Specifically, the Agency
advised and suggested the following in our correspondence to you:
I require further specific information regarding the following terminology used:
‘any and all documents’ and ’including but not limited to’
Please provide further specific information regarding the type, subject matter,
description, author or authoring business area of the documents you are seeking. The
description you have provided is broad and further information wil assist us to
conduct targeted searches.
‘[Name of Agency]’ and ‘[Authority Name]’ references
Please clarify this terminology, it is unclear at this stage what these references refer
to.
On 30 December 2024, you revised your request to the scope shown at page 1 of this letter.
On 2 January 2025, we wrote to you advising we understood the scope of request to be for
the following documents which you confirmed by reply email on the same day:
The following documents concerning the sharing of personal information originating
from the Department of Veterans Af airs with Services Australia, over the last ten
years:
− Formal Agreements: Memoranda of understanding (MOUs), service-level
agreements (SLAs), or other agreements formalizing the sharing of personal
information originating from the Department of Veterans' Affairs (DVA) with
Services Australia.
− Governance Documents: Policies, procedures, guidelines, or frameworks
governing how Services Australia requests, stores, handles, or uses DVA client
information. This includes approval criteria, security controls, retention policies,
and consent processes.
− Privacy Assessments: Privacy impact assessments, internal reviews, or ethical
considerations related to handling DVA client information.
− Purpose and Use: Reports, project proposals, or other documents explaining why
and how Services Australia uses DVA client information.
Exclusions: I do not seek access to individual-level complaint files, case records, or
data linked solely to Centrelink Confirmation eServices (CCeS).
Duplicate documents, email chains, or drafts where final versions are available may
also be excluded.'
What I took into account
In reaching my decision I took into account:
• your original request dated 14 December 2024
PAGE 4 OF 7
• your response to the consultation notice received on 30 December 2024
• confirmation of your revised request received on 2 January 2025
• the information requested
• consultations with Agency officers about:
o the Agency's operating environment and functions
• guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act (the Guidelines), and
• the FOI Act.
Reasons for my decisions
I am authorised to make decisions under section 23(1) of the FOI Act.
Following the request consultation process outlined above, in accordance with section 24AB
of the FOI Act, I am satisfied that a practical refusal reason stil exists in that you have not
provided sufficient information to identify the requested documents. The reasons for my
decision are outlined below.
Practical refusal reason
Section 24AA of the FOI Act provides that a practical refusal reason exists in relation to a
request for a document if the request does not satisfy the requirement in section 15(2)(b) of
the FOI Act (identification of documents).
Section 15(2)(b) of the FOI Act provides that a valid FOI request must:
'provide such information concerning the document as is reasonably necessary to
enable a responsible officer of the agency, or the Minister, to identify it'.
Why your request does not satisfy the requirement in section 15(2)(b)
The scope of your request remains ambiguous and is not sufficiently clear to enable
searches to be conducted. There are multiple bilaterial agreements in place between
Services Australia and the Department of Veterans Af airs (DVA), many of which include the
provisioning of data sharing/exchange. Data originating from DVA can be shared with
Services Australia, by customers or other government agencies via many channels. This also
extends to the many payments and programs administered by the Agency. As you have not
provided specifics of the types of data sharing you are seeking in your request, we are still in
a position where we have not received sufficient information to identify the documents
sought.
Conclusion
In summary, I am satisfied that your request does not satisfy the requirement in section
15(2)(b) of the FOI Act, in that it does not provide sufficient information to enable Services
Australia to identify the documents you are seeking.
I have found that a practical refusal reason exists in relation to your request for access to the
documents. Accordingly, I have decided to refuse your request under section 24(1) of the
FOI Act.
PAGE 5 OF 7
If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Requesting a ful explanation of a Freedom of Information (FOI) decision
Before you ask for a formal review of a FOI decision, you can contact us to discuss your
request. We wil explain the decision to you. This allows you to correct any
misunderstandings.
Requesting a formal review of a FOI decision
If you consider the decision is incorrect, you have the right to apply for a review under
sections 54 and 54L of the
Freedom of Information Act 1982 (the FOI Act).
You can apply for:
1. an
internal review by an Internal Review Of icer of Services Australia (the agency),
and/or
2. an
external review by the Australian Information Commissioner.
Applying for an internal review by an Internal Review Officer
In an internal review, a different decision maker to the Agency delegate who made the
original decision will carry out the review. The Internal Review Officer will make a fresh
decision on your request and wil consider all aspects of the original decision and identify any
relevant additional factors.
An application for an internal review must be:
made in writing
made within 30 days of receiving this letter
sent to the address at the top of the first page of this letter, or by email to
xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx
Note: You do not need to fil in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you disagree with the original or internal review decision, or if you have not received a
decision within 30 days of applying for an internal review, you will have 60 days to apply in
writing for a review by the Australian Information Commissioner.
Note: The Australian Information Commissioner generally prefers FOI applicants to seek an
internal review before applying for an external review.
PAGE 6 OF 7
You can lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxx@xxxx.xxx.xx
Important:
• If you are applying online, the application form the FOI Review Form is available at
Information Commissioner Review Application form
• If you have one, you should include with your application a copy of the Agency's
original and internal review decisions on your FOI request
• Include your contact details
• Set out your reasons for objecting to the Agency's decision.
Complaints to the Australian Information Commissioner and Commonwealth
Ombudsman
Australian Information Commissioner
You may complain to the Australian Information Commissioner concerning action taken by
an agency in the exercise of powers or the performance of functions under the FOI Act.
There is no fee for making a complaint. A complaint to the Australian Information
Commissioner must be made in writing. The Australian Information Commissioner's contact
details are:
Telephone: 1300 363 992
Website:
www.oaic.gov.au
Smart Form:
FOI Complaint Form
Commonwealth Ombudsman
You may also complain to the Commonwealth Ombudsman concerning action taken by an
agency in the exercise of powers or the performance of functions under the FOI Act. There is
no fee for making a complaint. A complaint to the Commonwealth Ombudsman may be
made in person, by telephone or in writing. The Commonwealth Ombudsman's contact
details are:
Phone:
1300 362 072
Website:
www.ombudsman.gov.au
The Commonwealth Ombudsman generally prefers applicants to seek review before
complaining about a decision.
PAGE 7 OF 7
