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,

I am writing regarding my Freedom of Information (FOI) request submitted on 14 December 2024, seeking documents concerning the sharing of personal information originating from the Department of Veterans’ Affairs (DVA). As the statutory timeframe for providing a decision expired on 13 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 reported this matter to the Office of the Australian Information Commissioner (OAIC), and the submission reference number is WEB-MR-25-00847. I have requested the OAIC to direct the Commonwealth Grants Commission to process and finalize my request promptly and to review the handling of this matter to ensure compliance with the FOI Act.

I trust the Commonwealth Grants Commission will cooperate fully with the OAIC to resolve this matter and uphold my statutory right to timely access to government-held information. Should you require further information, please contact me via email at [Your Email Address].

Yours sincerely,
Nosey Rosey

Dear Duncan Cotter,

I refer to your email dated regarding my Freedom of Information (FOI) request made to the Commonwealth Grants Commission (CGC) on 14 December 2024. You indicated that my request was refused under section 24A(1) of the Freedom of Information Act 1982 (FOI Act) on the basis that no documents within the scope of my request are held by the CGC. I write to formally request an internal review of this decision, as I am dissatisfied with the reasoning provided and the process undertaken to arrive at this refusal.

Section 26 of the FOI Act requires agencies to provide a written notice of decision when refusing access to documents. This notice must include the reasons for the decision, findings on material questions of fact, and reference to the material relied upon to reach these findings. It must also outline the applicant’s rights of review, including the right to seek internal and external review of the decision. Your email does not comply with these statutory requirements. Specifically, the decision fails to detail the steps taken by the CGC to locate documents, the systems searched, or the methodology used to determine that the requested documents do not exist. Without this information, I cannot assess whether the CGC has fulfilled its obligations under section 24A(1), which requires that all reasonable steps be taken to locate documents before refusing access on the basis that they do not exist.

Under section 24A(1) of the FOI Act, an agency may only refuse a request if it is satisfied that all reasonable steps have been taken to find the documents and that they do not exist or cannot be located. The FOI Guidelines issued by the Office of the Australian Information Commissioner (OAIC) state that this threshold requires agencies to conduct comprehensive searches and document these efforts in detail. Agencies must specify which databases and systems were queried, the search terms and parameters used, the staff consulted, and whether external records repositories were considered. Your response provides no such detail, and therefore does not demonstrate compliance with this statutory requirement.

I also question the assertion that the CGC holds no documents within the scope of my request. Given the CGC’s role in intergovernmental financial relations, it is reasonable to expect that the CGC may have been involved in or aware of data-sharing arrangements involving the Department of Veterans’ Affairs (DVA). If such arrangements have occurred, it is difficult to reconcile the assertion that no records of these activities exist. I request clarification on whether the CGC has ever participated in formal or informal data-sharing arrangements with the DVA, whether any relevant records have been transferred or destroyed, and whether the CGC has operational or procedural reasons for not holding such documents. A refusal to disclose documents must be accompanied by a clear explanation of why these documents do not exist or cannot be located, as per section 26 of the FOI Act.

Furthermore, the FOI Act embodies principles of transparency and accountability, as stated in section 3. The requested documents pertain to the handling of sensitive personal information concerning veterans and their dependents, a matter of significant public interest. Veterans represent a vulnerable demographic, and the public has a right to understand how their information is handled, shared, and safeguarded by government agencies. The refusal decision does not adequately consider this public interest, which weighs strongly in favour of disclosure.

I also note that your email does not address whether all reasonable steps have been taken to consult other relevant agencies or entities that may hold responsive documents. If the CGC does not hold these records, it is unclear whether this determination is based on exhaustive searches or simply on the agency’s general understanding of its role. Section 24A(2) of the FOI Act places an obligation on agencies to demonstrate that reasonable steps were taken to locate documents before refusing access.

I therefore request an internal review of this decision. The review should address the adequacy of the searches conducted, provide detailed reasoning as required by section 26 of the FOI Act, and clarify whether the CGC has taken reasonable steps to identify and locate documents within the scope of my request. If no relevant documents exist, the review should explain why this is the case, including whether the CGC has ever participated in data-sharing arrangements with the DVA or held relevant records. I look forward to receiving a formal response to my request for internal review within the statutory timeframe. Please do not hesitate to contact me should further clarification or cooperation be required to facilitate the review process.

Yours sincerely,
Nosey Rosey