Date: Fri, 28 Jan 2022 16:03:44 +1100
Subject: Re: Acknowledgement and clarification sought: FOI 2122-063 - Exemptions Provided Under the Relevant Acts to Commonwealth Superannuation Corporation [SEC=OFFICIAL]
From: Trent Morrison-Francis <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
To: FOI <
xxx@xxx.xxx.xx>
Dear FOI,
I am looking for any documents that provide CSC as a superannuation provider related to pension exceptions or directions to something that is diffrent to law in the following areas
- Child Support (For example garnisheeing wages \ Payments ect)
- Welfare payments managed by your departments.
I do not believe that any other areas that your department manage will be covered by the documents we are looking for.
Yours sincerely,
Trent Morrison-Francis
-----Original Message-----
Dear Mr Morrison-Francis,
We refer to your correspondence received by the Department of Social
Services (the Department) on 7 January 2022, in which you request access
under the Commonwealth Freedom of Information Act 1982 (FOI Act) to:
“… any documents that your department holds in relation to any
"Exemptions" or "Wavers" as defined by the Webster Dictionary or socially
accepted definitions of the words in the country of Australia to comply
with any legislation that your office has powers, authority or manages
under legislation for its management as a superannuation provider.
To remove any doubt we are asking for all schemes that Commonwealth
Superannuation Corporation manages including
CSS
ABN: 19 415 776 361
RSE: R1004649
DFRDB
ABN: 39 798 362 763
Military Super
ABN: 50 925 523 120
RSE: R1000306
ADF Super
ABN: 90 302 247 344
RSE R1077063
ADF Cover
ABN: 64 250 674 722
The period for the request relates to all documents created on or after
the 01st January 2017 by either your office and or the Commonwealth
Superannuation Corporation (where practicable if your office is not the
creator of the documents).”
We note that your request appears to have been sent to the Department
twice on 7 January 2022, at 11:16am and also at 11:22am. Please be advised
that the Department will proceed to treat this as a single request, and
our reference number is FOI 2122-063.
Please read the below carefully, as your response is sought in relation to
two matters.
Clarification
The Department is not a superannuation provider, nor does it manage the
Commonwealth Superannuation Corporation. For this reason, we are seeking
clarification from you regarding the types of documents or information
that you anticipate the Department holds.
We have made enquiries with relevant line areas, and based on our current
understanding of your scope, we believe that you may need to direct your
request to the Commonwealth Superannuation Corporation, as it is unlikely
our Department holds the records you seek.
You can visit the Commonwealth Superannuation Corporation’s website at
[1]
https://www.csc.gov.au/Employers/About-CSC/Corporate-governance/Accessing%20information
for information on how to request information from them.
Removal of non-SES staff names and contact details
The Department is seeking your agreement to the removal of the names and
contact details of non-Senior Executive Service (non-SES) staff, which may
be contained within any documents identified in relation to your request.
Based on the scope of your request, this information does not appear
relevant to you, therefore we would like to remove it under section 22 of
the FOI Act.
Please respond to advise whether you agree that this information is not
relevant to you.
Decision due
The statutory period for processing your request is 30 days commencing
from the day after your request was received. If the due date falls on a
Saturday, Sunday, or public holiday, in accordance with the FOI guidelines
issued by the Australian Information Commissioner, the timeframe will
expire on the first day following which is none of those days.
In accordance with paragraph (b) of subsection 15(5) of the FOI Act, a
decision on your request is currently due on Monday 7 February 2022.
When the processing period may be extended or suspended
The current due date may be extended by up to 30 days if agreed by you
(section 15AA of the FOI Act). The due date may also be extended by an
additional 30 days in each instance, if your request is considered
voluminous or complex (section 15AB of the FOI Act) or if the Department
is required to undertake a third party consultation (sections 26A, 27 or
27A of the FOI Act). If any of these extensions apply, the Department will
notify you.
Additionally, there are occasions where the time to process your request
may be suspended. This will usually take place if a practical refusal
consultation process takes place (section 24AB of the FOI Act) or if a
charges notice is issued to process your request (section 29 of the FOI
Act). If the Department decides that either of these apply to your
request, the Department will notify you.
Your response sought
Please respond to this email by close of business Monday 17 January 2022,
to:
- provide clarification regarding the documents you believe the
Department holds and you are seeking access to; and
- advise whether you agree that the names and contact details of
non-SES staff are irrelevant to your request.
The Department will correspond with you by email in relation to your FOI
request.
Should you have any queries about this matter, please do not hesitate to
contact the FOI team via email at [2][Department of Social Services request email].
Yours sincerely,
DSS FOI Team
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Freedom of Information
Cabinet and FOI
Government and Executive Services
Department of Social Services
E: [3][Department of Social Services request email]
The Department of Social Services acknowledges the traditional owners of
country throughout Australia, and their continuing connection to land,
water and community.
We pay our respects to them and their cultures, and to Elders both past
and present.
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