Documents Relating to the Sharing of DVA Client Information

Waiting for an internal review by Australian Maritime Safety Authority of their handling of this request.

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

Freedom Of Information Shared Mailbox, Australian Maritime Safety Authority

OFFICIAL

 

Ref 2024/16417

 

Freedom of Information Request – Sharing of DVA Records

 

I refer to your request for access to documents relating to the sharing of
DVA client information under the Freedom of Information Act 1982. 

 

We received your request on 14 December 2024.  The statutory period for
processing your request is 30 days, therefore you should expect a decision
from us by 13 January 2025. The period of 30 days may be extended if we
need to consult third parties or for other reasons. We will advise you if
this happens.

 

AMSA employee personal details:

Please advise whether you consent to the names of AMSA employees other
than Senior Executive staff, contact details and signatures being excluded
from the scope of your request. If you consent to excluding this
information, it will be deleted from documents falling within the scope of
your request under s 22(1)(a)(ii) of the FOI Act as irrelevant
information. 

 

Please note that information released under the FOI Act may later be
published online on our disclosure log, subject to certain exceptions.

 

We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact. If you have
any questions, please contact the Freedom of Information team at
[1][email address]. 

 

 

FREEDOM OF INFORMATION

AUSTRALIAN MARITIME SAFETY AUTHORITY

 

Level 8, 18 Marcus Street, Canberra ACT 2612

GPO Box 2081, Canberra ACT 2612

e: [2][email address]| [3]www.amsa.gov.au 

  

SAFE AND CLEAN SEAS, SAVING LIVES

PROFESSIONAL | ACCOUNTABLE | COLLABORATIVE | DEDICATED

 

 

-----Original Message-----
From: noseyrosey <[FOI #12585 email]>
Sent: Saturday, 14 December 2024 2:50 PM
To: Freedom Of Information <[AMSA request email]>
Subject: Freedom of Information request - 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
[4]https://aus01.safelinks.protection.outlo...,
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

 

 

 

-------------------------------------------------------------------

 

 

 

Please use this email address for all replies to this request:

 

[5][FOI #12585 email]

 

 

 

Is [6][AMSA request email] the wrong address for Freedom of
Information requests to Australian Maritime Safety Authority? If so,
please contact us using this form:

 

[7]https://aus01.safelinks.protection.outlo...

 

 

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

 

[8]https://aus01.safelinks.protection.outlo...

 

 

 

Please note that in some cases publication of requests and responses will
be delayed.

 

 

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

 

 

 

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References

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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

Freedom Of Information Shared Mailbox, Australian Maritime Safety Authority

1 Attachment

OFFICIAL
Good afternoon,

Please find attached the decision letter in relation to your FOI request.

If you have any questions, please email [AMSA request email].

Yours sincerely

Freedom of Information Team
Australian Maritime Safety Authority

-----Original Message-----
From: noseyrosey <[FOI #12585 email]>
Sent: Saturday, 14 December 2024 2:50 PM
To: Freedom Of Information <[AMSA request email]>
Subject: Freedom of Information request - 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

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #12585 email]

Is [AMSA request email] the wrong address for Freedom of Information requests to Australian Maritime Safety Authority? If so, please contact us using this form:

https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:

https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------
If you have received this transmission in error please note that error does not constitute waiver of any confidentiality, privilege or copyright in respect of information in the E-mail or attachments and any use of this material is prohibited. Please notify the sender by return email and delete all copies of this transmission and attachments.

hide quoted sections

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

Freedom Of Information Shared Mailbox, Australian Maritime Safety Authority

OFFICIAL
Good morning

We have received your request for internal review.

The internal review decision-maker will action your request within the processing period and you can expect to receive a decision on or before 3 February 2025.

Yours sincerely

Freedom of Information Team
Australian Maritime Safety Authority

-----Original Message-----
From: noseyrosey <[FOI #12585 email]>
Sent: Thursday, 2 January 2025 7:14 PM
To: Freedom Of Information <[AMSA request email]>
Subject: Internal review of Freedom of Information request - Documents Relating to the Sharing of DVA Client Information

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

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #12585 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:

https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------
If you have received this transmission in error please note that error does not constitute waiver of any confidentiality, privilege or copyright in respect of information in the E-mail or attachments and any use of this material is prohibited. Please notify the sender by return email and delete all copies of this transmission and attachments.

hide quoted sections