Compensation for Defective Administration claims in 2019/20
Dear Department of Veterans' Affairs,
COMPENSATION FOR DEFECTIVE ADMINISTRATION CLAIMS (CDDA):
I request the following data for 2019/2020, namely:
: The number of CDDA claims lodged,
: The number of CDDA claims accepted, and
: The total value of the amount paid out.
Yours faithfully,
Alan ASHMORE
Dear Mr Ashmore
Acknowledgement of your Freedom of Information (FOI) Request
I refer to your request for access to documents held by the Department of
Veterans’ Affairs (Department) under the Freedom of Information Act 1982
(Cth) (FOI Act).
Your request was received by the Department on 2 July 2020 and was made in
the following terms:
COMPENSATION FOR DEFECTIVE ADMINISTRATION CLAIMS (CDDA):
I request the following data for 2019/2020, namely:
: The number of CDDA claims lodged,
: The number of CDDA claims accepted, and
: The total value of the amount paid out.
The Department has 30 days to finalise your request. The 30 day statutory
timeframe commenced the day after your request was received by the
Department.
Ordinarily you should expect a decision from the Department by Wednesday,
3 August 2020.
Interrupted work practices impacted by COVID-19
The Department is continuing to work through its FOI case load as quickly
as possible. However, the Department is and will continue to experience an
interruption in the way it will be able to manage FOI requests.
As you are likely to be aware, COVID-19 (Coronavirus) has been declared a
pandemic by the World Health Organisation.
As the Department focuses its efforts on managing the impact of COVID-19
on its critical services and employees, other non-critical services may
not be delivered within expected timeframes. It is possible that during
this time, business areas that would ordinarily have capacity to undertake
searches and assist in the processing of FOI requests may not be readily
available to provide that assistance. This may have an impact on the
manner and timeframe in which the Department can process FOI requests.
We apologise for the inconvenience and appreciate your patience and
cooperation during this period.
Request for an extension of time
To help ensure the Department can manage its FOI functions during this
time, we will require additional time to process your FOI request.
The Department seeks your agreement under section 15AA of the FOI Act to
extend the timeframe for the processing of your request by 30 days. This
would extend the due date for your request to 31 August 2020.
It would assist the Department in managing its FOI caseload if you could
provide a response to this request by close of business, Wednesday 8 July
2020.
If agreed, the Department is required to provide your name and contact
details to the Office of the Australian Information Commissioner (OAIC)
for its records.
Please note that if you do not agree to the extension of time and the
Department is of the view that additional time is still required, we may
need to seek an extension of time from the OAIC under:
• section 15AB of the FOI Act (due to it being complex or
voluminous), or
• section 15AC (where the Department has been unable to meet
the statutory timeframe to finalise your request).
We will advise you if we intend to or have sought any extensions of time
from the OAIC.
If you wish to discuss this matter further, please do not hesitate to
contact us through the details below.
Removal of non-SES staff details for more efficient decision making
To allow for more efficient decision making, the Department will remove
all non-SES staff names and contact details from documents falling within
the scope of your request. This will not include those staff details that
have been provided to you, such as in correspondence sent by the staff
member to you.
The need to assess whether staff details should be withheld adds to the
decision making time. The Department is committed to processing as many
access requests as it can during the pandemic. This means ensuring
requests are specific and that they allow for more efficient decision
making.
On this basis, unless you tell us otherwise, we will assume that these
staff details are excluded from the scope of your request and they will be
redacted under section 22 of the FOI Act; as being irrelevant to your
request.
When the processing period may be extended or suspended
As noted above, there are times when the timeframe for processing your
request might be extended by an additional 30 days. This can occur where
an extension of time has been agreed to by yourself under section 15AA of
the FOI Act or where the OAIC has granted an extension of time under
sections 15AB or 15AC of the FOI Act.
In addition, if documents you seek contain information of third parties
and the Department is of the view that is practical to consult with the
third parties, then the Department will be afforded an additional 30 days
to undertake that consolation process (see sections 15(6), 26A, 27 and 27A
of the FOI Act).
The Department will advise you if a third party consultation process is
required and of the revised due date for your request to be finalised by.
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.
Communication with you
The FOI Act requires that you provide us with an address which we can send
notices to. You have advised your electronic address is
[1][FOI #6452 email]. We will send all notices
and correspondence to this address. Please advise us if you wish
correspondence to be sent to another address or if your address changes.
If you do not advise us of changes to your address, correspondence and
notices will continue to be sent to the address specified above.
FOI Disclosure log – Publication of documents released under the FOI Act
Please note that information released under the FOI Act may be published
in a disclosure log on the Department’s website at
https://www.dva.gov.au/about-us/overview....
Section 11C of the FOI Act requires this publication, however it is
subject to certain exceptions, including where publication of personal,
business, professional or commercial information would be unreasonable.
When a decision is provided to you, the Department will advise if the
documents released to you will be published on the Department’s FOI
Disclosure log.
Contacting us about your FOI request
We will email again when the Department has more information. Should you
have any enquiries concerning this matter, please send an email to
[email address]
Further information on FOI processing can be found at the website of the
OAIC at https://www.oaic.gov.au/freedom-of-infor....
Yours sincerely
Molly (Position Number 62213164)
Legal Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
t 1800 555 254 | e [2][email address] | [3]www.dva.gov.au
p GPO Box 9998, Canberra ACT 2601
[4]cid:image001.png@01D0027A.1DAB84F0
P Please consider the environment before printing this email
[5]cid:image001.png@01D32593.9CC39540The Department acknowledges the
Traditional Owners of the land throughout Australia and their continuing
connection to country, sea and community. We pay our respect to all
Aboriginal and Torres Strait Islander peoples, their cultures and to their
elders past and present.
IMPORTANT: This document contains legal advice and may be subject to legal
professional privilege. Unless it is waived or lost, legal professional
privilege is a rule of law that, in part, provides that the client need
not disclose confidential communications between a legal practitioner and
client. To keep this privilege, the purpose and content of this advice
must only be disclosed to persons who have a need to know and on the basis
that those persons also keep it confidential.
You should consider this advice and take it into account when forming a
decision on how best to proceed. If you decide to adopt a position that
does not align with this advice, you should not state that DVA Legal
Services & Audit Branch has cleared or endorsed a particular position.
Dear INFORMATION.LAW,
The information I am seeking in this FOI request should form part of regular reporting to senior management and therefore should not require the additional time you are seeking.
As a measure of goodwill and with the current pandemic we are all facing I am in this instance prepared to grant the extension you request.
Having said that I trust this will not be an excuse to wait until the end of August to finalize my FOI request.
Yours sincerely,
Alan ASHMORE
Dear Mr Ashmore,
Please find attached a decision and a document in response to your FOI request.
Kind Regards,
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
t 1800 555 254 | e [email address] | www.dva.gov.au
p GPO Box 9998, Canberra ACT 2601
Please consider the environment before printing this email
Dear Department of Veterans' Affairs,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Department of Veterans' Affairs's handling of my FOI request 'Compensation for Defective Administration claims in 2019/20'.
I am seeking a review on two grounds, namely:
1. The information released is correctly listed under the heading, ‘Request details,’ (i.e. for 2019/20). The information released to me was headed, 'Information sought for the period 1 July 2018 to 31 December 2018.
This means the information released was for a period I did not request i.e. a 6-month period for the first half of 2018/19 as opposed to the 12 months information I requested i.e. for the full 2019/20 financial year.
2. Section 47F says in part, ‘A document is conditionally exempt if its disclosure under this Act would involve the unreasonable disclosure of personal information about any person (including a deceased person).
As I requested the total value of amount paid for the financial year and was not seeking personal information, I would suggest your refusal under s47F is incorrect.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/c...
Yours faithfully,
Alan ASHMORE
** This is an automated response. Please do not reply to this email **
Thank you for contacting the Department of Veterans’ Affairs.
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National Information Access Processing
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Phone: 1800 555 254
[1]www.dva.gov.au/about-us/our-business-reporting/freedom-information
References
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Dear Mr Ashmore
Acknowledgement of your Freedom of Information (FOI) Internal Review Request – FOI 38353
I refer to your request for an internal review of an FOI decision issued to you in FOI 36785. This was received on 24 September 2020, as below.
The Department has 30 days to finalise your request. The 30 day statutory timeframe commenced the day after your request was received by the Department. A decision is due by 26 October 2020.
Communication with you
The FOI Act requires that you provide us with an address which we can send notices to. You have advised your electronic address is [FOI #6452 email]. We will send all notices and correspondence to this address. Please advise us if you wish correspondence to be sent to another address or if your address changes. If you do not advise us of changes to your address, correspondence and notices will continue to be sent to the address specified above.
Contacting us about your FOI request
We will email again when the Department has more information. Should you have any enquiries concerning this matter, please send an email to [email address].
Further information on FOI processing can be found at the website of the OAIC at https://www.oaic.gov.au/freedom-of-infor....
Yours sincerely
Tayla (Position Number 62217695)
Information Access Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
T: 1800 555 254 | E: [email address]
A: GPO Box 9998, Canberra, ACT, 2601 | W: www.dva.gov.au
Please consider the environment before printing this email
The Department acknowledges the Traditional Owners of the land throughout Australia and their continuing connection to country, sea and community. We pay our respect to all Aboriginal and Torres Strait Islander peoples, their cultures and to their elders past and present
Dear Mr Ashmore,
The Department has reviewed your concerns raised resulting in this Internal Review, specifically the error with the dates of the document provided to you. Upon review, I have identified that the documents that were provided to you in relation to both your CDDA and your Act of Grace FOI were in fact the correct documents, however were noted as being for the duration of July 2018 to December 2018. This is due to a subsequent typographical error made by the Department when creating the document under s 17 of the Freedom of Information Act 1982. We apologise for any inconvenience and confusion that this has caused.
The Department will continue to progress your Internal Review in regard to the concerns you have raised, and will alter the document which was provided to you by amending the date to accurately portray the information to which it relates.
Please let me know if you have any further questions or queries. You should receive a decision to both of your Internal Reviews by 26 October 2020. As always, the Department will try to provide you with an outcome sooner if possible.
Thank you.
Kind Regards,
Tayla (Position Number 62217695)
Information Access Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
T: 1800 555 254 | E: [email address]
A: GPO Box 9998, Canberra, ACT, 2601 | W: www.dva.gov.au
Dear Mr Ashmore,
Please see attached the statement of reasons and one (1) document in
relation to your FOI Internal review 38355, due 26 October 2020.
Kind Regards,
Tayla (Position Number 62217695)
Information Access Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
T: 1800 555 254 | E: [1][email address]
A: GPO Box 9998, Canberra, ACT, 2601 | W: [2]www.dva.gov.au
[3]cid:image001.png@01D0027A.1DAB84F0