If not delivered return to PO Box 7820 Canberra BC ACT 2610
31 January 2025
Our reference: LEX 83089
Mr Joseph Butts
Only by email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Butts
Decision on your Freedom of Information request
I refer to your request, received by Services Australia (the Agency) on 1 January 2025, for
access under the
Freedom of Information Act 1982 (the FOI Act) to the following document:
Title: "Commencing or returning to work or self-employment Disability Support
Pension (DSP)"
Document ID: 008-03100010.
My decision
The Agency holds one document (totalling 46 pages) that relate to your request.
I have decided to grant you
part access to one document (Document 1) with some of the
content removed.
I have decided parts of Document 1 are exempt under the FOI Act because they contain
operational information, the disclosure of which would, or could reasonably be expected to,
have a substantial adverse effect on the proper and efficient conduct of the operations of the
Agency and release is contrary to the public interest.
Please see the schedule at At achment A to this letter for a detailed list of the document and
the reasons for my decision, including the relevant sections of the FOI Act.
How we wil send the document to you
The document is attached to the decision email.
You can ask for a review of our decision
If you disagree with any part of 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 At achment B for more
information about how to request a review.
Further assistance
If you have any questions please email xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
PAGE 1 OF 7
Liam
Authorised FOI Decision Maker
Freedom of Information Legal Team
FOI and Reviews Branch | Legal Services Division
Services Australia
PAGE 2 OF 7
If not delivered return to PO Box 7820 Canberra BC ACT 2610
REASONS FOR DECISION
What you requested
On 1 January 2025, you sought access under the FOI Act, to the following document:
Title: "Commencing or returning to work or self-employment Disability Support
Pension (DSP)"
Document ID: 008-03100010.
What I took into account
In reaching my decision I took into account:
• your original request dated 1 January 2025
• the document that falls within the scope of your request
• whether the release of the requested document is in the public interest
• consultations with Agency officers about:
o the nature of the document
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.
I have decided that certain parts of the document you requested are exempt under the FOI
Act. My findings of fact and reasons for deciding that the exemption applies to the document
are discussed below.
Operations of the Agency
I have applied the exemption in section 47E(d) of the FOI Act to parts of the document.
This section of the FOI Act allows the Agency to redact material from a document if its
disclosure would have a serious or significant effect on the Agency’s ability to conduct its
operations efficiently and properly.
In respect of your request, the document contains policy, process, and discretionary
decision-making guidance for Agency employees. I am satisfied this information is relevant to
the implementation, delivery and management of a process administered by the Agency, and
therefore is relevant to the conduct of the Agency’s operations.
I consider providing the exempt material to you, which is not publicly available, would
negatively affect the conduct of the operations of the Agency because it would enable
PAGE 4 OF 7
customers to circumvent processes in securing a favourable outcome with their payment as
they return to work or commence self-employment. Furthermore, it is reasonably likely that
disclosure of the exempt information would al ow individuals to circumvent elements of the
Agency’s processes and arrange their affairs in a manner that would al ow them to
manipulate the Agency’s processes to their own advantage.
The document also contains screen names and file paths used to navigate Agency systems.
I am satisfied this information is relevant to the implementation, delivery and management of
processes administered by the Agency, and therefore is relevant to the conduct of the
Agency’s operations.
I consider that providing this material to you, which is not publicly available, would negatively
affect the conduct of the Agency’s operations as it would provide insight to malicious users
about navigating the Agency’s internal systems.
While I have no reason to believe you would misuse the exempt materials in any way,
the FOI Act does not control or restrict use or dissemination of the information once
released in response to an FOI request, so I must consider actions that any member of the
public might take once the information enters the public domain.
Accordingly, I am satisfied the release of the redacted material could reasonably be
expected to have a substantial adverse effect on the proper and efficient conduct of the
Agency’s operations.
Public interest considerations
Access to conditionally exempt material must be given unless I am satisfied it would not be in
the public interest to do so.
I consider the disclosure of the material would generally promote the objects of the FOI Act,
which is in the public interest. It may also increase the public participation in Government
processes.
However, I also consider disclosure would increase the likelihood that individuals would use
process information to circumvent or manipulate steps in securing a favourable outcome for
DSP claims.
I also consider some of the exempt material containing detailed system coding instructions
for staff could be used as a ‘how to’ guide by a malicious user to navigate the Agency’s
system, and therefore presents a cyber security risk. Considering the Agency holds the
personal and protected information of mil ions of Australians, it also creates a risk to the
privacy of these individuals.
As such, I find the public interest factors in favour of disclosing the material is outweighed by
the public interest factors against disclosure.
I have not taken into account any of the irrelevant factors set out in section 11B(4) of the
FOI Act in making this decision.
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
Asking for a full 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 gives you a chance to correct
misunderstandings.
Asking for a formal review of a FOI decision
If you stil believe a decision is incorrect, the
Freedom of Information Act 1982 (FOI Act)
gives you the right to apply for a review of the decision. Under sections 54 and 54L of the
FOI Act, you can apply for a review of an FOI decision by:
1. an Internal Review Of icer in Services Australia; and/or
2. the Australian Information Commissioner.
Applying for an internal review by an Internal Review Officer
If you apply for internal review, a dif erent decision maker to the Services Australia delegate
who made the original decision wil carry out the review. The Internal Review Officer wil
consider all aspects of the original decision and decide whether it should change. An
application for 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 do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
If you do not receive a decision from an Internal Review Of icer in Services Australia within
30 days of applying, you can ask the Australian Information Commissioner for a review of the
original FOI decision.
You wil have 60 days to apply in writing for a review by the Australian Information
Commissioner.
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.
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