If not delivered return to PO Box 7820 Canberra BC ACT 2610
6 February 2025
Our reference: LEX 83167
Samantha Acker
Right to Know
Only by email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Samantha Acker,
Decision on your Freedom of Information Request
I refer to your request dated and received by Services Australia (the Agency) on
7 January 2025 for access under the
Freedom of Information Act 1982 (the FOI Act) to the
following documents:
* 008-05000000 Mobility Allowance (MOB)
* 008-05020000 Assessing Mobility Allowance (MOB) claims
* 008-05020010 Assessing medical evidence for Mobility Allowance (MOB)
* 008-05030000 Eligibility for Mobility Allowance (MOB)
* 008-05050000 Change of circumstances for Mobility Allowance (MOB) customers
* 008-05070000 Mobility Allowance (MOB) cancellations, suspensions and
restorations
My decision
The Agency holds 6 documents (totalling 31 pages) that relate to your request.
I have decided to:
• grant you
full access to 3 documents (documents 2, 5 and 6), and
• grant you
part access to 3 documents (documents 1, 3 and 4) with some of the
content removed.
I have decided that certain parts of documents you requested are exempt under the FOI Act
as the documents contain operational information, the disclosure of which would have a
substantial adverse effect on the proper and efficient conduct of the operations of the Agency,
and release would be contrary to the public interest (section 47E(d) conditional exemption).
Please see the schedule at
Attachment A to this letter for a description of the documents
and the reasons for my decision, including the relevant sections of the FOI Act.
How we will send your documents to you
The documents are attached.
PAGE 1 OF 7
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
Attachment B for
more information about how to request a review.
Further assistance
If you have any questions please email xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Amanda
Authorised FOI Decision Maker
Freedom of Information 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
* 008-05000000 Mobility Allowance (MOB)
* 008-05020000 Assessing Mobility Allowance (MOB) claims
* 008-05020010 Assessing medical evidence for Mobility Allowance (MOB)
* 008-05030000 Eligibility for Mobility Allowance (MOB)
* 008-05050000 Change of circumstances for Mobility Allowance (MOB) customers
* 008-05070000 Mobility Allowance (MOB) cancellations, suspensions and
restorations
On 14 January 2025, the Agency acknowledged your original request.
What I took into account
In reaching my decision I took into account:
• your original request dated 7 January 2025
• the documents which fall within the scope of your request
• whether the release of material is in the public interest
• consultations with Agency officers about:
o the nature of the documents
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 decision
I am authorised to make decisions under section 23(1) of the FOI Act.
I have decided that certain parts of the documents you requested are exempt under the FOI
Act. My findings of fact and reasons for deciding the exemption applies to the documents are
discussed below.
Operations of the Agency
I have applied the conditional exemption in section 47E(d) of the FOI Act to parts of Documents
1, 3 and 4.
Section 47E(d) of the FOI Act provides a document is conditionally exempt if it would have a
substantial adverse effect on the Agency’s ability to conduct its operations efficiently and
property.
PAGE 4 OF 7
Documents 1, 3 and 4 contain information relating to the assessment and eligibility of Mobility
Allowance (MOB). 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 that you would misuse the exempt material in this way, the
FOI Act does not control or restrict use or dissemination of the information once released, so I
must consider actions any member of the public might take once the information enters the
public domain and is available to the world at large.
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 disclosure of the material would generally promote the objects of the FOI Act, which
is in the public interest. However, I also consider some of the exempt material contains detailed
system coding instructions for staff which could be used as a ‘how to’ guide by malicious users
to navigate the Agency’s system, and therefore presents a cyber security risk.
Based on these factors, I am satisfied in this instance, the public interest in disclosing the
information in the documents is outweighed by the public interest against disclosure.
Out of scope or irrelevant information has been deleted in accordance with section 22 of the
FOI Act.
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.
Conclusion
In summary, I have decided parts of the documents, as set out in the Schedule, are
conditionally exempt under section 47E(d) of the FOI Act. Furthermore, I have decided on
balance it would be contrary to the public interest to release this information. Accordingly, I
have decided not to release the documents in full to you.
As identified in the Schedule, I have redacted the exempt information in the documents and
released the remaining material in accordance with section 22(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 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 will 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 Officer of Services Australia (the agency),
and/or
2. an
external review by the Australian Information Commissioner.
Note: There are no fees for these reviews.
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 will 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 fill 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
