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Documents Relating to the Sharing of DVA Client Information

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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

Shoumia Nithiananthan, Australian Securities and Investments Commission

2 Attachments

Dear applicant

 

I refer to your request dated 14 December 2024 under the Freedom of
Information Act 1982 (FOI Act) in which you seek access to documents in
the possession of the Australian Securities and Investments Commission
(ASIC).

 

Please find attached letter.

 

Kind regards

 

Shoumia Nithiananthan
Lawyer, FOI & Privacy

Legal Services

 

Australian Securities and Investments Commission

Level 5, 100 Market Street, Sydney NSW 2000

Tel: 9911 2454  [mobile number]

[1][email address]

[2]ASIC logo

 

Please consider the environment before printing this document.

Information collected by ASIC may contain personal information. Please
refer to our [3]Privacy Policy for information about how we handle your
personal information, your rights to seek access to and correct
your personal information, and how to complain about breaches of your
privacy by ASIC.

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged, copyright
material or personal and /or confidential information. You should not
read, copy, use or disclose the content without authorisation. If you have
received this email in error, please notify the sender as soon as
possible, delete the email and destroy any copies. This notice should not
be removed.

References

Visible links
1. mailto:[email address]
3. https://asic.gov.au/privacy/

Dear Shoumia Nithiananthan,

Thank you for your correspondence dated 18 December 2024 regarding my Freedom of Information (FOI) request. I acknowledge your concerns about the scope of the request and your suggestion that it does not meet the requirements of section 15(2)(b) of the Freedom of Information Act 1982 (Cth) (FOI Act). I would like to clarify my request to address your concerns while maintaining its substantive focus.

Clarification of Scope
I am specifically requesting documents held by the Australian Securities and Investments Commission (ASIC) concerning systematic or broad data-sharing arrangements with the Department of Veterans’ Affairs (DVA) over the past ten years. This includes:

Formal Agreements

Memoranda of understanding (MOUs), service-level agreements (SLAs), or other documents formalising the sharing of personal information originating from DVA.
Governance Documents

Policies, procedures, or guidelines detailing how ASIC accesses, stores, handles, or uses personal information from DVA.
Privacy and Ethical Deliberations

Any privacy impact assessments, internal reviews, or ethical considerations recorded regarding the receipt, use, or sharing of DVA data.
Purpose and Use

Documents such as project proposals, internal reports, or briefings explaining why DVA client information was accessed or shared, how it was intended to be used, and the expected outcomes.
Exclusions

I do not seek individual complaint files or personal information unless necessary to illustrate the nature of systematic or broad data-sharing arrangements.
Clarification of Terms
[Name of Agency] and [Authority Name]: These terms were placeholders in my original request and should be interpreted as referring to ASIC, the agency to which this request is directed.
This request is not intended for the Department of Veterans’ Affairs (DVA). I expect ASIC to address this request independently as it pertains to ASIC’s handling of data received from DVA.
Additional Notes
I believe the request as clarified provides sufficient detail to allow ASIC to identify relevant documents and address my concerns about how DVA client information is handled. Should further issues arise, I encourage ASIC to contact me promptly so we can collaboratively refine the request, avoiding unnecessary delays.

Please resume processing my FOI request within the statutory timeframe, as adjusted by the time taken for this consultation period.

Thank you for your attention to this matter. Please confirm receipt of this clarification, and let me know if further input is required.

Yours sincerely,
Nosey

Shoumia Nithiananthan, Australian Securities and Investments Commission

Thank you for your email. I am currently out of office. Your email has not
been forwarded. For matters requiring urgent attention please email
[ASIC request email] or [email address]

Please consider the environment before printing this document.

Information collected by ASIC may contain personal information. Please
refer to our [1]Privacy Policy for information about how we handle your
personal information, your rights to seek access to and correct
your personal information, and how to complain about breaches of your
privacy by ASIC.

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged, copyright
material or personal and /or confidential information. You should not
read, copy, use or disclose the content without authorisation. If you have
received this email in error, please notify the sender as soon as
possible, delete the email and destroy any copies. This notice should not
be removed.

References

Visible links
1. https://asic.gov.au/privacy/

Shoumia Nithiananthan, Australian Securities and Investments Commission

Dear applicant

Thank you for revising the scope of the FOI request.

I note that the current due date for your request is Wednesday 15 January 2025. I am seeking your agreement to extend the processing time of your application by an additional 15 days which would make the due date for this request Thursday 30 January 2024. The extension is sought on the basis that staff with specialised knowledge of the subject matter of the requested documents are on leave and additional time is required for them to provide expert advice. Despite the revised due date, the decision will be notified to you as soon as possible.

Section 15AA of the FOI Act provides that the agency can extend the period for dealing with a request by a further of no more than 30 days if the applicant agrees in writing to the extension and the agency gives written notice of the extension to the Information Commissioner as soon as practicable after the agreement is made.

Could you please confirm by email if you agree to 15 days extension of time under section 15AA of the FOI Act as soon as possible?

Thank you for your cooperation.

Kind regards

Shoumia Nithiananthan
Lawyer, FOI & Privacy
Legal Services

Australian Securities and Investments Commission
Level 5, 100 Market Street, Sydney NSW 2000
Tel: 9911 2454 [mobile number]
[email address]

show quoted sections

Dear Shoumia Nithiananthan,

As previously advised Holliday shutdowns and office schedules are no an issue that I need to be concerned with and your department should have planned accordingly.

I do not concur with the request and as such this will be a deamed decision if the documents are not provided in time.

Yours sincerely,

noseyrosey

Shoumia Nithiananthan, Australian Securities and Investments Commission

Dear applicant

That is understandable, thank you for getting back to me.

Kind regards

Shoumia Nithiananthan
Lawyer, FOI & Privacy
Legal Services

Australian Securities and Investments Commission
Level 5, 100 Market Street, Sydney NSW 2000
Tel: 9911 2454 [mobile number]
[email address]

show quoted sections

Dear Ms. Nithiananthan,

I am writing regarding my Freedom of Information (FOI) request submitted to the Australian Securities and Investments Commission (ASIC) on 14 December 2024. As the statutory timeframe for providing a decision expired on 15 January 2025, and no decision has been provided, this matter is now deemed refused under section 15AC of the Freedom of Information Act 1982 (Cth).

I have referred this matter to the Office of the Australian Information Commissioner (OAIC), and the submission reference number is WEB-MR-25-00846. I have requested that the OAIC direct ASIC to process and finalize my request promptly and assess the handling of this matter to ensure compliance with the FOI Act.

I trust that ASIC will cooperate fully with the OAIC to resolve this matter and uphold my right to timely access to government-held information. Should you require further information or clarification, please feel free to contact me via email at [Your Email Address].

Yours sincerely,
Nosey Rosey

Shoumia Nithiananthan, Australian Securities and Investments Commission

Dear applicant

Thank you for your email.

I note the FOI decision is due Wednesday, 15 January 2025 which means the decision is due by end of today.

Given that today is technically still 15 January 2025, it is not a deemed refusal in line with section 15AC of the FOI Act.

Kind regards

Shoumia Nithiananthan
Lawyer, FOI & Privacy
Legal Services

Australian Securities and Investments Commission
Level 5, 100 Market Street, Sydney NSW 2000
Tel: 9911 2454 [mobile number]
[email address]

show quoted sections

Shoumia Nithiananthan, Australian Securities and Investments Commission

1 Attachment

Dear applicant

I refer to your request dated 14 December 2024 under the Freedom of Information Act 1982 (FOI Act) in which you seek access to documents in the possession of the Australian Securities and Investments Commission (ASIC).

On 18 December 2024, I issued you a section 24AB Practical Refusal Notice on the basis that the request did not satisfy the requirement in paragraph 15(2)(b) of FOI Act.

On 30 December 2024, you revised the scope of your FOI request. In accordance with section 24AB(8) of the FOI Act, the time for processing your request is suspended from the day that you receive this letter, and resumes on the day after ASIC receives a valid revised request. Therefore, the new due date of your decision is 27 January 2025.

Please find attached letter.

Kind regards

Shoumia Nithiananthan
Lawyer, FOI & Privacy
Legal Services

Australian Securities and Investments Commission
Level 5, 100 Market Street, Sydney NSW 2000
Tel: 9911 2454 [mobile number]
[email address]

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are noseyrosey please sign in and let everyone know.