Documents Relating to the Sharing of DVA Client Information
Dear FOI Officer,
I am making this request for access to documents under the Freedom of Information Act 1982 (Cth).
I seek access to any and all documents, records, data, and supporting material held by [Name of Agency] concerning the sharing of personal information originating from the Department of Veterans’ Affairs (DVA) over the last ten years. This includes any data transfers from or to the DVA, whether they were one-off exchanges or ongoing, systematic transfers of DVA client information, including personal, medical, financial, or service-related details concerning veterans or their dependents.
I am interested in obtaining a comprehensive understanding of what DVA client information [Authority name] has received or accessed and for what purposes. Specifically, I request:
All records of data sharing arrangements between DVA and [Authority name], including but not limited to memoranda of understanding, service-level agreements, emails, letters, meeting minutes, file transfer logs, internal reports, and instructions that outline what data was shared, when it was shared, and the format or system used for the transfer.
Any policies, procedures, guidelines, or frameworks that govern how [Authority name] requests, obtains, stores, handles, or uses DVA client information. This includes documents that detail the criteria for approving access to such data, any consent or authorization processes, security controls, and retention or destruction policies.
Copies of any ethics committee approvals, privacy impact assessments, internal review board decisions, or other documents that reflect deliberations or authorizations for obtaining DVA client information. This includes records that show the agency considered the ethical, legal, or privacy implications of receiving or using DVA client data.
Documents that outline the intended uses or practical applications of the DVA client data, such as project proposals, business cases, internal strategy papers, or briefings that explain why [Authority name] sought access to this information, how it was intended to be integrated into the agency’s operations, and any expected outcomes or benefits.
A representative sample (in a suitably de-identified or redacted form) of the data or data fields received, so long as providing this sample does not breach any exemption under the FOI Act. The purpose is to understand the nature and granularity of the information shared, without disclosing identifiable personal details.
If the only data [Authority name] received pertains solely to data linked to the Centrelink Confirmation eServices (CCeS) arrangements as described at https://www.servicesaustralia.gov.au/cen..., and there were no other forms of DVA data shared, then no CCeS-related data needs to be provided under this request.
I emphasize that I am not authorizing the transfer of this FOI request to the Department of Veterans’ Affairs or any other agency. If [Authority name] holds the requested information, it should provide it directly. If there are parts of this request that [Name of Agency] does not understand or believes are not held, I invite you to contact me to clarify or refine the scope under section 24AB of the FOI Act, rather than initiating a transfer. However, I do not consent to the transfer of this request to another entity. The FOI Act places the onus on agencies to process requests for documents they hold, and I expect [Authority name] to meet its responsibilities in this regard.
I note that the statutory timeframe for processing FOI requests is 30 days from the date of receipt. I do not consent to any extension of time due to internal reduced activity periods, holiday stand-down periods, or other internal operational issues. If [Authority name] considers that it cannot meet the 30-day timeframe, it may seek an extension from the Office of the Australian Information Commissioner as provided under section 15AB of the FOI Act. I request to be notified if such an application is made.
If you consider any part of this request too broad or complex, please contact me promptly to discuss refining its scope. I remain willing to consider adjustments that will assist efficient processing, provided that they occur within the statutory timeframe and do not undermine the substance of what I am seeking.
I believe that disclosure of these documents is in the public interest, as it promotes transparency and accountability in how government agencies access and use sensitive personal information about veterans. Should you consider charges applicable, I request that you exercise your discretion to reduce or waive them, given the importance of the matter and its alignment with the principles of open government and public accountability.
I look forward to receiving your acknowledgment and decision within the statutory timeframe. Please contact me at the details below if you require further clarification.
Yours sincerely,
Nosey
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Australian Institute for Health and Welfare.
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OFFICIAL
FOI 009 2024
Dear Nosey,
Thank you for your request under the Freedom of Information Act 1982. Your request was received on 14 December 2024, and a decision is currently due to you on 13 January 2025. I note that I have requested an extension from the Office of the Australian Information Commissioner for an additional 30 days on the basis that the request is complex, I will keep you informed on the outcome of this request. If granted, your request would be due on 12 February 2025.
I would like to ask you if you would consent to scoping out documents related to the collection of data under the Repatriation Pharmaceutical Benefits Scheme? This data is collected alongside the general data for the Pharmaceutical Benefits Scheme, and if it remains within scope, I will need to issue a formal request consultation under section 24AB of the FOI Act. Reducing the scope will also allow me to focus on the documents that we hold which are more directly related to DVA client data as outlined in your request.
I also want to note with you that while we are undertaking preliminary searches of what documents we hold, your request is likely to be broad and may require a further revised scope for it to be processed. While I understand that you have made your views clear about granting an extension of time, the complexity means that I will not be able to advise you of how you could potentially revise your scope based on the documents that I have found until at least the 13 January 2025. I am happy to contact you after this date to give you an update on the progress of the request of the request and to informally negotiate any revision of scope, in the first instance, if required.
If a decision is made to impose charges, you will be notified as soon as possible.
Kind Regards
FOI Officer
AIHW
Dear FOI Officer,
Thank you for your correspondence dated 20 December 2024, regarding my Freedom of Information (FOI) request received on 14 December 2024. I acknowledge your updates on the request's progress and note your considerations for extension and scope reduction.
I reiterate my position that no further extensions beyond the statutory 30-day timeframe prescribed under section 15(5)(b) of the Freedom of Information Act 1982 (Cth) (FOI Act) are consented to in this matter. While section 15AB of the FOI Act permits agencies to seek extensions from the Office of the Australian Information Commissioner (OAIC), such extensions should be requested and justified based on the complexity of the matter and the agency's resource capacity. I trust that my request can be processed within the legislated timeframe without compromising compliance with the FOI Act.
Regarding your proposal to exclude documents relating to the Repatriation Pharmaceutical Benefits Scheme (RPBS), I decline to narrow the scope of my request to this degree. As outlined in my initial request, I am seeking a comprehensive understanding of all data sharing arrangements, policies, procedures, and related material concerning DVA client data. Excluding RPBS-related data would risk omitting critical elements that contribute to this understanding.
I note your obligation under section 24AB of the FOI Act to provide sufficient details regarding the necessity for any proposed scope reductions. If you believe the scope is unreasonably broad, I require you to provide detailed information about the documents identified during your searches, including their volume and complexity, before any further discussions on scope refinement can proceed. Please ensure that these details are provided before the statutory deadline of 13 January 2025 to allow for adequate consideration.
Additionally, I remind you of your obligations under section 11A of the FOI Act to provide access to documents unless an exemption applies, and under section 3 of the Act to facilitate access in a manner that promotes transparency and accountability. Any decision to impose charges must be accompanied by clear justification under the applicable provisions of the FOI Act, including section 29, and must consider public interest factors that strongly favour disclosure in this case.
Please continue to process my request as originally submitted. I look forward to receiving your decision within the statutory timeframe. Should you have any further questions or require clarification, please contact me promptly to discuss.
Yours sincerely,
Nosey
Our reference: RQ24/05737
Agency reference: 82935
Services Australia
And
Nosey Rosey
Decision on extension of time request under s 15AB
Dear Parties,
Please find attached an extension of time decision relating to Nosey
Rosey’s FOI request with Services Australia.
The FOI applicant has been copied into this correspondence.
Kind regards,
[1][IMG] Claire Lynch (she/her)
Assistant Review Adviser
Freedom of Information Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [2][email address]
Please note: The OAIC revised its IC review procedures as of 1 July
2024. For more information about these revised procedures, including new
resources to assist applicants and respondents, see our webpage: [3]OAIC
Information Commissioner Reviews | Procedure Directions
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
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References
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Our reference: RQ24/05739
Agency reference: 82937
Services Australia
And
Nosey Rosey
Decision on extension of time request under s 15AB
Dear Parties,
Please find attached an extension of time decision relating to Nosey
Rosey’s FOI request with Services Australia.
The FOI applicant has been copied into this correspondence.
Kind regards,
[1][IMG] Claire Lynch (she/her)
Assistant Review Adviser
Freedom of Information Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [2][email address]
Please note: The OAIC revised its IC review procedures as of 1 July
2024. For more information about these revised procedures, including new
resources to assist applicants and respondents, see our webpage: [3]OAIC
Information Commissioner Reviews | Procedure Directions
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. https://www.oaic.gov.au/
2. mailto:[email address]
3. https://www.oaic.gov.au/freedom-of-infor...
4. https://www.oaic.gov.au/engage-with-us/n...
Our reference: RQ24/05841
Agency reference: FOI 009 2024
Australian Institute of Health and Welfare
By Email: [AIHW request email]
Nosey Rosey
By Email: [FOI #12584 email]
Extension of time under s 15AB
Dear Parties,
Please find attached an extension of time decision relating to the above
referenced FOI request.
Regards,
[1][IMG] Sarah Forrester
A/g Director, Freedom of Information Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
E [2][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.
[3]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. https://www.oaic.gov.au/
2. mailto:[email address]
3. https://www.oaic.gov.au/engage-with-us/n...
OFFICIAL
Dear Nosey,
Thank you for your email - as you may have been informed directly, the Office of the Australian Information Commissioner (OAIC) has agreed to provide an extension of time under subsection 15AB(2) of the FOI Act. Your request is now due for decision on 12 February 2025.
I appreciate your comments however the breadth of this request is likely to be too large in its current scope. I am wondering if there is a specific part of your request you would like me to focus on as a sample? While the typical process for an FOI is to undertake informal consultation, followed by a notice under 24AB if required, we can still see how we can work together to find ways of balancing the work and getting you the documents that you seek.
For example, a preliminary search of ethics related documents that are likely to be within the scope of your request has resulted in a total of 191 documents which includes 5,099 pages - this would require over 400 hours to process as an FOI request.
You may also find that existing publicly available information on our website will answer some of your questions. For example, you can find more information about the AIHW's data governance framework on our website here: https://www.aihw.gov.au/about-our-data/d.... You may also want to look at our publicly available information on veterans which may help you to further identify a narrower scope of your particular interests, please see website here: https://www.aihw.gov.au/reports-data/pop....
Another option could be breaking down your requests into smaller sequential requests that can be processed one after the other.
I am happy to explore some options with you informally, provided we make a timely and productive effort to reduce the scope, otherwise I will need to issue a formal section 24AB notice sooner rather than later.
Thanks
FOI Officer
AIHW
Dear FOI Officer,
Thank you for your email dated 13 January 2025, providing an update on the progress of my FOI request and outlining potential scope refinement options.
I acknowledge that the Office of the Australian Information Commissioner (OAIC) has granted an extension under subsection 15AB(2) of the FOI Act, making the new statutory deadline 12 February 2025. While I appreciate your willingness to engage on scope refinement, I remain firm on the substance of my original request, as the breadth of the request is necessary to achieve a comprehensive understanding of the handling and sharing of Department of Veterans’ Affairs (DVA) client data.
Regarding your suggestion to focus on a specific part of the request, such as ethics-related documents, I reiterate my earlier position that I require a full understanding of all data-sharing arrangements, policies, and related material concerning DVA client information. While I acknowledge the challenges posed by the volume of documents identified, including the 191 ethics-related documents totaling 5,099 pages, I remind you of your obligations under section 24AB of the FOI Act. If you believe the request is too broad, you must provide sufficient detail, including document types, volume, and complexity, to allow me to make an informed decision regarding potential scope refinement.
Additionally, your reference to publicly available information is noted. However, I have already reviewed the publicly available resources, including the AIHW’s data governance framework and veterans-related data on your website. While these resources provide some context, they do not adequately address the specifics of my request, particularly regarding the direct handling and sharing of DVA client information.
I remain willing to consider meaningful scope adjustments if you provide precise details about the documents identified during your preliminary searches and how narrowing the request would enable more efficient processing without undermining its purpose. However, I urge AIHW to focus on fulfilling its obligations under section 11A of the FOI Act to provide access unless an exemption applies, and to ensure that the principles of transparency and accountability under section 3 of the Act are upheld.
Please continue to process my request as comprehensively as possible and provide detailed information about any proposed scope adjustments or challenges to processing the request. I look forward to receiving further updates and the final decision within the extended statutory timeframe.
Yours sincerely,
Nosey Rosey