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

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 appreciate the update on the status of my request and your adherence to the statutory timeline under the Freedom of Information Act 1982 (Cth) (FOI Act).

In response to your query regarding the exclusion of personal details of AMSA employees:

I consent to the exclusion of the names, contact details, and signatures of AMSA employees who are not Senior Executive staff. Such details are not relevant to the scope of my request and may be redacted under section 22(1)(a)(ii) of the FOI Act as you have proposed.

Please ensure that all other elements of the request, particularly those related to the sharing of DVA client information, are processed comprehensively and in accordance with the requirements of the FOI Act.

I look forward to receiving a decision on this matter within the statutory timeframe. If you require further clarification or additional information, please contact me promptly at this email address.

Yours sincerely,
Nosey

Dear FOI Officer,

I write to request an internal review of the decision dated 3 January 2025 regarding my Freedom of Information (FOI) request. This application is made under section 54 of the Freedom of Information Act 1982 (Cth) (FOI Act). I respectfully challenge the conclusion reached under section 24A(1) that the requested documents do not exist or cannot be located.

The basis of my application stems from information provided by the Department of Veterans’ Affairs (DVA), which confirms the existence of the documents and Memoranda of Understanding (MOUs) relevant to my request. According to section 24A(1), an agency may only refuse access if, after taking all reasonable steps to locate the documents, the agency is satisfied that the documents cannot be found or do not exist. Given the DVA's confirmation, I question whether the search conducted by AMSA meets the standard of reasonableness required by the FOI Act.

Under section 15(5)(b), agencies are required to deal with requests efficiently and fairly. A reasonable and thorough search under the FOI Act should include inquiries with all relevant business areas or officers within AMSA that could possess, or have knowledge of, the documents requested. Section 15(1)(a) further obliges agencies to ensure that all documents falling within the scope of a request are identified and assessed. In light of the DVA's confirmation, it is imperative that AMSA reviews its internal processes to ensure that searches have been adequately conducted.

Additionally, section 3(2)(b) of the FOI Act highlights that the purpose of the legislation is to promote transparency and accountability. The requested documents concern arrangements for sharing sensitive personal information relating to veterans and their dependents, a matter of public interest. The importance of transparency in this context necessitates a careful and exhaustive search for the requested documents to uphold the spirit of the FOI Act.

The confirmation provided by DVA demonstrates that AMSA is a relevant party to these data-sharing arrangements, and the documents should be held within the agency. I request that AMSA complies with section 15(3), which requires an agency to provide access to documents within its possession unless a valid exemption applies. The refusal based on section 24A(1) cannot be sustained if documents exist, as it contradicts the DVA’s confirmation.

In undertaking this internal review, I respectfully urge AMSA to ensure that all record-keeping systems, databases, and communications relevant to data-sharing arrangements with the DVA are examined comprehensively. Should AMSA confirm that no such documents exist, I request that a detailed explanation of the search conducted, including the systems and areas examined, is provided as required under section 26(1)(a) of the FOI Act.

I look forward to AMSA’s decision on the internal review being communicated within the statutory timeframe of 30 days, as required under section 54C(3) of the FOI Act. Thank you for your attention to this matter.

Yours sincerely,
Nosey