Cost recovery for retrospective ComSuper pensions
Verity Pane made this Freedom of Information request to Department of Veterans' Affairs
Attn Department of Veterans' Affairs,
One issue identified by the Royal Commission on DVA is about issues in how DVA have handled cost recovery procedures following retrospective grants of ComSuper pensions to veterans who have received incapacity payments under MRCA and DRCA.
Excluding identifying personal information, the scope of this foi is for documents (whether held in electronic or other forms) sent in 2022 to clients about cost recovery of incapacity payments made to them due to the client receiving a ComSuper pension (including backpay of such a pension).
Verity Pane
Dear Ms Pane
The Department of Veterans’ Affairs (the department) has received your
request for access to information under the Freedom of Information Act
1982 (FOI Act). I note you have requested access to the following:
‘Excluding identifying personal information, the scope of this foi is for
documents (whether held in electronic or other forms) sent in 2022 to
clients about cost recovery of incapacity payments made to them due to the
client receiving a ComSuper pension (including backpay of such a
pension).’
Your request was received by the department on 1 October 2022 and the
ordinary 30 day statutory period for processing your request commenced
from the day after that date.
Charges
The Department will notify you within 14 days of an estimate of the
charges that will apply to your request for non-personal information
before we process any requested documents or impose a final charge.
Your address
The FOI Act requires that you provide us with an address that we can send
notices to. You have advised your email address is
[1][FOI #9424 email]. Unless you tell us
otherwise, we will send all notices and correspondence to this address.
Disclosure log
Information released under the FOI Act may be published on a disclosure
log on our website, subject to certain exceptions. These exceptions
include where publication of personal, business, professional or
commercial information would be unreasonable.
Further assistance
If you have any questions about your request, please email
[2][DVA request email]
Yours sincerely
Fiona
Position Number: 62211034
Registrations Officer
Information Access Unit
Department of Veterans' Affairs / Sydney Office
Phone: 1800 VETERAN (1800 838 372) / GPO Box 9998 Brisbane QLD 4001
[3][DVA request email] / [4]www.dva.gov.au
[5]cid:image001.png@01D5A8E1.744710A0
References
Visible links
1. mailto:[FOI #9424 email]
2. mailto:[DVA request email]
3. mailto:[DVA request email]
4. http://www.dva.gov.au/
Dear Verity Pane,
Freedom of Information Request: LEX 54130
I refer to your request for access to documents held by the Department of
Veterans’ Affairs (Department) under the Freedom of Information Act 1982
(FOI Act). Your request was received by the Department on 1 October 2022
and was made in the following terms:
Excluding identifying personal information, the scope of this foi is for
documents (whether held in electronic or other forms) sent in 2022 to
clients about cost recovery of incapacity payments made to them due to the
client receiving a ComSuper pension (including backpay of such a pension).
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. Currently this decision is due 31 October 2022.
Request for an extension of time
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 Wednesday 30 November 2022.
If you agree to this request please respond to this email by COB Thursday
27 October 2022.
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.
If you do not agree to this request, an extension of time request will be
sought from the OAIC under section 15AB of the FOI Act.
Contacting us about your request
We will contact you using the email address you have provided. Please
advise if you would prefer us to use an alternative means of contact.
If you have any questions, please contact me using the following details:
Post: Information Access Unit, Department of Veterans’
Affairs
GPO Box 9998 BRISBANE QLD 4001
Email: [1][DVA request email]
Kind regards,
Suzanne
Position Number: 62211069
Information Access Officer
Information Access Unit
Department of Veterans’ Affairs
e [2][email address]
t 1800 838 372
References
Visible links
1. mailto:[DVA request email]
2. mailto:[email address]
Our reference: RQ22/03953
Agency reference: LEX 54130
VERITY PANE
Sent by email: [1][FOI #9424 email]
Extension of time application by Department of Veterans' Affairs
Dear Ms Pane
I write to advise that on 31 October 2022 the Office of the Australian
Information Commissioner (the OAIC) received an application from the
Department of Veterans' Affairs (DVA) for an extension of time, to
process your FOI request of 1 October 2022.
DVA has applied for an extension of time under s 15AB of the Freedom of
Information Act 1982 (Cth) because your request is considered to be
voluminous and complex.
DVA has advised the OAIC that:
· On 1 October 2022, DVA received your FOI request.
· Due to staff shortages, there was significant delay in registering
the request.
· The relevant business area advised the processing officer that the
scope is broad in nature.
· The request is considered voluminous as the request is broad and
could relate to an undefined number of client records within DVA’s
database.
· The request is considered complex as the information is not held
in a discrete document, and therefore retrieval of the requested
documentation would involve a manual review process of each client.
· Further time is required for the business area to provide further
detail on the required process for document retrieval, and to allow for
the processing officer to action the request accordingly.
DVA has requested an extension to 30 November 2022. I will take any
comments you may have to make into account when deciding the application.
Please respond to this email by close of business 25 November 2022. If I
do not hear from you by this date, the decision maker will make a decision
on the basis of the information provided to me by the DVA.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our
website at [2]Extensions of time.
Contact
If you have any questions regarding this email please contact us via email
to [3][email address]. Please quote OAIC reference: RQ22/03953 in all
correspondence.
Kind regards
Noah Harris
[4][IMG] Intake and Early Resolution Team
Freedom of Information Regulatory Group
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[5]oaic.gov.au
1300 363 992 [6][email address]
[7][IMG] | [8][IMG] | [9][IMG] | [10]Subscribe to OAICnet newsletter
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. mailto:[FOI #9424 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. mailto:[email address]
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5. https://aus01.safelinks.protection.outlo...
6. mailto:[email address]
7. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...
9. https://aus01.safelinks.protection.outlo...
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Our reference: RQ22/03953
Agency reference: LEX 54130
Ms Verity Pane
By email: [1][FOI #9424 email]
cc: [2][email address]
Extension of time under s 15AB
Dear Ms Pane
Please find attached an extension of time decision relating to your FOI
request with the Department of Veterans’ Affairs (the Department). A copy
of this decision has been provided to the Department today.
Kind regards
Avi Selvarajah
[3][IMG] Intake and Early Resolution Team
Freedom of Information Regulatory Group
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[4]oaic.gov.au
1300 363 992 [5][email address]
[6][IMG] | [7][IMG] | [8][IMG] | [9]Subscribe to OAICnet newsletter
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
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1. mailto:[FOI #9424 email]
2. mailto:[email address]
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5. mailto:[email address]
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Attn OAIC - FOI DR,
Yet again the OAIC approves an extension of time to DVA who again intentionally let the decision go deemed after the extension of time expires.
DVA provided only one full day's notice of its s 15AA request while putting in a s 15AB request to the OAIC at the same time. If that wasn't enough of a clue the persistent misuse of such s 15AB extensions by DVA the continuing practice of DVA to take such s 15AB extensions only to not give decision by that date is.
As the decision is deemed no charges can apply and IC review is the only method of progressing it, which the OAIC will stall for two-four years before DVA issue a last minute s 55G substitution to avoid an adverse IC review decision that the OAIC goes to great lengths to avoid doing to facilitate DVA's ongoing abuse of its FOI Act obligations.
As a deemed decision is an access refusal decision I apply for IC review of LEX 54130.
Verity Pane
Dear Ms Pane
I acknowledge receipt of your email attached.
I have interpreted your email to be that you wish to proceed to lodge an
IC review of the Department’s deemed decision.
If that is correct, could you please proceed to complete the IC Review
application smart form located here [1]Information Commissioner Review
Application form (business.gov.au)
Further information on [2]applying for IC review is available on the OAIC
[3]website. Any application for IC review would need to be made within 60
days of the agency’s decision or deemed decision.
Kind regards
Avi Selvarajah
[4][IMG] Intake and Early Resolution Team
Freedom of Information Regulatory Group
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[5]oaic.gov.au
1300 363 992 [6][email address]
[7][IMG] | [8][IMG] | [9][IMG] | [10]Subscribe to OAICnet newsletter
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. https://forms.business.gov.au/smartforms...
2. https://www.oaic.gov.au/freedom-of-infor...
3. https://www.oaic.gov.au/
4. https://aus01.safelinks.protection.outlo...
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6. mailto:[email address]
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8. https://aus01.safelinks.protection.outlo...
9. https://aus01.safelinks.protection.outlo...
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Attn OAIC - FOI DR,
There is no statutory requirement to fill out a webform.
Even the OAIC IC Guidelines say the email you received is sufficient.
Verity Pane
Our reference: MR22/01958
Agency Reference: LEX 54130
By email: [1][FOI #9424 email]
Receipt of your IC review application
Dear Ms Pane,
Thank you for your application for Information Commissioner Review (IC
review) regarding the Department of Veterans’ Affairs.
The Office of the Australian Information Commissioner (OAIC) is
considering your application.
If you wish to advise the OAIC of any changes to your circumstances,
including your contact details or if your FOI request has been resolved,
please write to [2][email address] and quote MR22/01958.
Kind regards,
Jennifer Zhou
[3][IMG] Intake and Early Resolution Team
Freedom of Information Regulatory Group
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[4]oaic.gov.au
1300 363 992 [5][email address]
[6][IMG] | [7][IMG] | [8][IMG] | [9]Subscribe to OAICnet newsletter
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. mailto:[FOI #9424 email]
2. mailto:[email address]
3. https://aus01.safelinks.protection.outlo...
4. https://aus01.safelinks.protection.outlo...
5. mailto:[email address]
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Dear Ms Pane,
Please see attached consultation notice in regards to LEX 54130.
Kind regards,
Suzanne| Information Access Officer
Position 62210871
Information Access Unit I Client Access and Rehabilitation Branch
Client Engagement and Support Services Division
Department of Veterans’ Affairs
Tel 1800 VETERAN (1800 838 372)
[1][DVA request email]
[2]www.dva.gov.au
[3]cid:image002.png@01D7B6E3.69D49590[4]cid:image003.png@01D7B6E3.69D49590[5]cid:image004.png@01D7B6E3.69D49590[6]cid:image005.png@01D7B6E3.69D49590
[7]cid:image005.jpg@01D8E9E7.0F9C7A60
[8]cid:image012.jpg@01D8E9E7.0F9C7A60
References
Visible links
1. mailto:[DVA request email]
2. http://www.dva.gov.au/
3. https://www.facebook.com/DVAAus
4. https://twitter.com/DVAAus
5. https://au.linkedin.com/company/australi...
6. https://www.youtube.com/DVATVAus
Dear Ms Pane,
I refer to your request for information under the Freedom of Information
Act 1982 (FOI Act). Your request was received by the Department on 1
October 2022 and was made in the following terms:
'... Excluding identifying personal information, the scope of this foi is
for documents (whether held in electronic or other forms) sent in 2022 to
clients about cost recovery of incapacity payments made to them due to the
client receiving a ComSuper pension (including backpay of such a
pension)....'
On 28 February 2023, the Department issued you with a consultation notice
under s 24AB of the FOI Act. This notice advised you that a practical
refusal reason existed because the processing of your request, in its
current terms, would likely result in the substantial and unreasonable
diversion of the Department’s resources, in accordance with s
24AA(1)(a)(i).
You were invited to do one of the following during the request
consultation period, which ended on 14 March 2023:
· Withdraw the request;
· Make a revised request; or
· Indicate that you do not wish to revise the request.
Pursuant to s 24AB(7) of the FOI Act, as no response was received during
the consultation period, your request was taken to be withdrawn.
Should you still require this information, you are invited to submit a new
information access request to the Department. In doing so, we ask that you
take into consideration the information provided in the practical refusal
consultation notice dated 28 February 2023.
Kind regards,
Suzanne| Information Access Officer
Position 62210871
Information Access Unit I Client Access and Rehabilitation Branch
Client Engagement and Support Services Division
Department of Veterans’ Affairs
Tel 1800 VETERAN (1800 838 372)
[1][DVA request email]
[2]www.dva.gov.au
[3]cid:image002.png@01D7B6E3.69D49590[4]cid:image003.png@01D7B6E3.69D49590[5]cid:image004.png@01D7B6E3.69D49590[6]cid:image005.png@01D7B6E3.69D49590
[7]cid:image005.jpg@01D8E9E7.0F9C7A60
[8]cid:image012.jpg@01D8E9E7.0F9C7A60
References
Visible links
1. mailto:[DVA request email]
2. http://www.dva.gov.au/
3. https://www.facebook.com/DVAAus
4. https://twitter.com/DVAAus
5. https://au.linkedin.com/company/australi...
6. https://www.youtube.com/DVATVAus
Our reference: MR22/01958
Agency reference: LEX 54130
By email: [1][FOI #9424 email]
Your IC review application about the Department of Veterans’ Affairs
Good morning Verity,
I refer to your application for an IC review of a deemed access refusal
decision by the Department of Veterans’ Affairs (the Department).
On 12 September 2023, the Department notified the Office of the
Australian Information Commissioner (the OAIC) that it would be open to
making a decision under s 55G of the FOI Act to resolve this review,
should the applicant revise the scope of their request in a manner that
would remove the practical refusal reason identified within the
submissions.
A copy of the Department’s submission is attached for your reference.
Can you please notify us by 17 October 2023 if you now wish to:
· Proceed with the IC review application;
· Revise the scope of your initial request, in alignement with
advice provided on page 5 of 6 of the Department’s submissions; or
· Withdraw the IC review application
Should you wish to proceed with the IC review application, please provide
the following information by 17 October 2023
1. identify the aspect(s) of the agency or Minister’s decision
about which the review is sought (for example, the deemed access refusal
decision)
2. state why you disagree with the agency or Minister’s decision
(such as the deemed access refusal decision)
3. identify which documents you consider have been wrongly refused;
or
4. provide a copy of your proposed revised scope for the
Department’s consideration.
Should you provide a proposed revised scope, the OAIC will facilitate
provided this to the Department.
Intention to decline to continue IC review
Please note that the Commissioner’s written [2]direction to IC review
applicants provides that:
· where an applicant wishes to proceed with a review of a
substantive [or revised] decision they must explain why they disagree with
the decision and the basis on which they wish to proceed with the IC
review [1.33], and
· applicants must respond to enquiries from the OAIC within the
period provided unless there are circumstances warranting a longer period
to respond [1.22].
Section 54W(c) of the FOI Act provides that the Information Commissioner
may decide not to undertake, or continue to undertake, an IC review where
an applicant fails to comply with a direction of the Information
Commissioner.
Should we not receive a response from you to this email by 17 October
2023 your IC review application will be finalised by a delegate of the
Information Commissioner under s 54W(c).
If you have any questions regarding this email, please contact us via
email at [3][email address].
Please quote the OAIC reference number at the top of this email in all
correspondence.
Kind regards,
[4][IMG] Georgia Furlong (she/her)
Review Advisor
Freedom of Information Regulatory Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [5][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[6]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. mailto:[FOI #9424 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. mailto:[email address]
4. https://www.oaic.gov.au/
5. mailto:[email address]
6. https://www.oaic.gov.au/engage-with-us/n...
OAIC reference: MR22/01958
Agency reference: LEX 54130
By email: [1][FOI #9424 email]
Finalisation of IC review application under s 54W(c) of the FOI Act
Dear Verity,
I refer to your application for an Information Commissioner review (IC
review) of a deemed access refusal decision by the Department of Veterans’
Affairs under the Freedom of Information Act 1982 (Cth) (the FOI Act).
Please find attached a decision finalising this IC review under s 54W(c)
of the FOI Act.
I confirm our file is now closed and that no further action is required by
you to the OAIC.
Kind Regards,
[2][IMG] Georgia Furlong (she/her)
Review Advisor
Freedom of Information Regulatory Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [3][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[4]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. mailto:[FOI #9424 email]
2. https://www.oaic.gov.au/
3. mailto:[email address]
4. https://www.oaic.gov.au/engage-with-us/n...