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
OFFICIAL
Good morning Nosey,
Can you please confirm your request is being made to Defence?
The body of your request does not specify the agency from which you are requesting the documents.
Please respond by 5pm Tuesday 17 December 2024.
Kind regards,
Freedom of Information Team
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
IMPORTANT: This email remains the property of the Department of Defence. Unauthorised communication and dealing with the information in the email may be a serious criminal offence. If you have received this email in error, you are requested to contact the sender and delete the email immediately.
Dear Freedom of Information Officer,
Thank you for your response. To clarify, I am indeed making this request to the NDIS Quality and Safeguards Commission. The purpose of my request is to identify any documents within your agency that concern the sharing of personal information originating from the Department of Veterans’ Affairs (DVA). While I mentioned Services Australia in the initial request to highlight a particular data-sharing arrangement (the Centrelink Confirmation eServices), I am not specifically requesting documents held by Services Australia. Rather, I am seeking any material that your agency may hold, including any records of direct data transfers from or to the DVA, memoranda of understanding involving DVA client information, or any policies and procedures governing such exchanges.
If the NDIS Commission does not hold any records or documents related to the receipt, handling, or use of DVA client information, please confirm this in writing. Otherwise, I would appreciate you identifying and assessing any documents falling within the original scope of the request. Should you believe that further clarification is required, please let me know, and I will do my best to refine the scope accordingly.
Thank you for your assistance, and I look forward to receiving your acknowledgment and decision within the statutory timeframe.
Yours sincerely,
Nosey
Dear FOI,
Please ignore the last request the department in question is indeed the Department of Defence
Yours sincerely,
noseyrosey
OFFICIAL
Good afternoon,
Thank you for contacting Freedom of Information at the Department of
Defence.
We have received your email and you will be advised of the status of your
inquiry by an FOI team member soon.
Kind regards,
Freedom of Information Team
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
[1]Freedom of information requests | About | Defence
IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.
References
Visible links
1. https://www.defence.gov.au/about/accessi...
OFFICIAL
Dear Noseyrosey
Acknowledgement
I refer to your correspondence of 16 December 2024, seeking access to
documents held by the Department of Defence (Defence), under the Freedom
of Information Act 1982 (FOI Act).
The scope of your request is:
I seek access to any and all documents, records, data, and supporting
material held by Defence 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 Defence has received or accessed and for what purposes.
Specifically, I request:
All records of data sharing arrangements between DVA and Defence,
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
Defence 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 Defence 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 Defence received pertains solely to data linked to the
Centrelink Confirmation eServices (CCeS) arrangements as described at
[1]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.
Disclaimer
Where staff details are captured in documents within the scope of your FOI
request, this information will be redacted; this includes private email
addresses, signatures, personnel (PMKeyS) numbers and mobile telephone
numbers, unless you specifically request such details. Defence excludes
duplicates of documents and any documents sent to or from you.
Furthermore, Defence only considers final versions of documents.
Charges
Defence may impose a charge for the work involved in providing access to
the documents in accordance with the Freedom of Information (Charges)
Regulations 2019. We will notify you if your request attracts a charge.
Please note that there is no charge for documents that contain the
personal information of the applicant.
Timeframe
The statutory timeframe to provide you with a decision on your request
ends on 15 January 2025. This period may be extended if we need to
consult with third parties, or for other reasons. We will advise you if
this happens.
Please note the Department of Defence observes a period of reduced
activity and staffing through December and January (Christmas/New Year
period) each year. This office has determined that it may not be possible
to finalise your FOI request by 15 January 2025 as it falls within the
reduced activity period. As you have stated “I do not consent to any
extension of time due to internal reduced activity periods, holiday
stand-down periods, or other internal operational issues” we will be
seeking an extension from the Office of the Australian Information
Commissioner under section 15AB of the FOI Act.
Please note that where the due date falls on a Saturday, Sunday or public
holiday, the timeframe will expire on the next working day. This is in
accordance with the FOI Guidelines issued by the Office of the Australian
Information Commissioner under section 93A of the FOI Act.
Disclosure Log
Documents released under the FOI Act may be published on Defence’s
disclosure log, located on our website.
Contact Details
We will contact you via the email address you have provided. Please advise
if you would prefer us to use an alternative means of contact.
Should you have any questions relating to your request, please do not
hesitate to contact the FOI team via email:
[2][email address].
Kind regards
Freedom of Information Team
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
[3]Freedom of information requests | About | Defence
IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.
References
Visible links
1. https://www.servicesaustralia.gov.au/cen...
2. mailto:[email address]
3. https://www.defence.gov.au/about/accessi...
OFFICIAL
Dear Noseyrosey
Please find attached a letter in relation to Defence FOI 481/24/25.
Kind regards
Freedom of Information Team
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
[1]Freedom of information requests | About | Defence
IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.
References
Visible links
1. https://www.defence.gov.au/about/accessi...
Dear Erin,
I hope this message finds you well.
Thank you for your correspondence regarding my FOI request FOI 481/24/25. I understand that you have raised concerns regarding the potential diversion of resources due to the scope of my request, and I appreciate the opportunity to revise the request.
However, I would like to bring to your attention that the scope of my request is not unprecedented, and similar requests have been successfully processed within the Department of Defence in the past. The Office of the Australian Information Commissioner (OAIC) has determined in multiple instances that the scope of FOI requests can be managed appropriately without placing an unreasonable burden on agencies, provided that the request is sufficiently clear and focused.
In particular, I refer to the OAIC’s approach in cases like RQ24/05743, where similar requests regarding information sharing arrangements were processed without invoking practical refusal reasons. I would like to emphasize that it is reasonable to expect consistency in how FOI requests are handled across agencies, particularly when previous cases with similar or broader scopes have been determined to be manageable.
That said, I am willing to cooperate in refining the request to assist in ensuring that the resources required to process it are within reasonable limits. If needed, I can consider narrowing the request further, such as limiting it to specific types of documents or a defined timeframe. I would appreciate your guidance on how best to revise the request in a way that addresses the practical refusal reason without unnecessarily reducing the scope of the request.
I look forward to your response and to proceeding with the consultation process. Please do not hesitate to contact me if you require further clarification or suggestions for narrowing the request.
Thank you for your attention to this matter.
Sincerely,
Nosey Rosey
OFFICIAL
Dear Noseyrosey
Thank you for your response.
As noted within the consultation notice, preliminary searches have identified that a significant amount of resources would have to be diverted to commence initial considerations of your request and to arrange for the required searches to be undertaken.
This means that any team that could reasonably be expected to hold records concerning joint projects between Defence and the Department of Veterans Affairs (DVA) over the past 10 years, would be required to undertake searches before individually reviewing all identified records to determine whether they fell within the scope of your request. Defence systems are unable to be manipulated in a way that could easily identify the documents you are seeking access to, therefore a significant amount of manual review and consideration is required.
Defence and DVA share a formal Memorandum of Understanding (MOU) that defines roles of each agency, and includes details regarding information sharing and communication protocol. This document is publically available and can be accessed via the following link:
https://www.dva.gov.au/sites/default/fil...
You may like to consider the MOU when refining your request to identify the exact documents you are seeking access to. Specifically, we recommend you consider:
• limiting your request to be for documents relating to a specific topic, decision or circumstance;
• limiting your request to be for one type of document (e.g. report/s); and
• providing a shorter timeframe for documents (e.g. the current financial year).
As you have not yet provided a response in the form of one of the listed 'Request Consultation Process' options, Defence considers the consultation period to remain ongoing. The options are:
• Withdraw your request;
• Make a revised request; or
• Tell us that you do not wish to revise your request.
If you do not do one of the three things listed above by 23 January 2025 (the consultation period) your request will be taken to have been withdrawn.
I look forward to receiving your response.
Kind regards
Freedom of Information Team
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
IMPORTANT: This email remains the property of the Department of Defence. Unauthorised communication and dealing with the information in the email may be a serious criminal offence. If you have received this email in error, you are requested to contact the sender and delete the email immediately.
Dear Freedom of Information Team,
Thank you for your correspondence dated 13 January 2025 regarding my FOI request FOI 481/24/25. I appreciate your continued engagement on this matter and the opportunity to address the practical refusal concerns raised. However, I respectfully maintain that my request is targeted, manageable, and consistent with the objectives of the Freedom of Information Act 1982 (FOI Act).
The FOI Act is built upon the principle of public access to government-held information to enhance transparency and accountability, as enshrined in section 3. My request focuses explicitly on systemic data-sharing arrangements between the Department of Defence and the Department of Veterans’ Affairs (DVA). It excludes individual case files, duplicates, and publicly available information, thereby significantly narrowing the scope to minimize the burden on your resources.
Regarding the Memorandum of Understanding (MOU) referenced in your response, while it provides a general framework, my request specifically seeks supplementary records and documents such as governance frameworks, privacy assessments, and reports detailing the intended purposes or practical applications of DVA client information. These documents are likely to provide critical insights into the implementation of the MOU and related data-sharing practices.
I note your recommendation to limit the request further, such as narrowing the timeframe or focusing on specific types of documents. However, the scope already aligns with section 15(2)(b) of the FOI Act, as it provides sufficient information to identify the documents sought. Additionally, as FOI case law highlights, agencies are expected to apply a reasonable and proportionate approach to processing requests, particularly when exclusions have been clearly articulated to reduce workload.
If Defence considers that identifying responsive documents remains impractical despite these efforts, I request a detailed explanation of the resources required, including specific metrics (e.g., estimated hours of work, staff allocations). This level of detail is essential to ensure transparency in invoking a practical refusal reason under section 24AA of the FOI Act.
I remain willing to engage in meaningful consultation to address any residual concerns, provided they are raised with sufficient specificity. For example, if Defence identifies a particular subset of documents that would substantially reduce the workload while maintaining the request's purpose, I am open to considering this refinement.
If Defence intends to proceed with issuing a decision to refuse the request, I request that the decision include a thorough analysis of why the request cannot be processed, including the factors considered under section 24AA of the FOI Act and details of any steps taken to explore partial compliance.
Thank you for your attention to this matter, and I look forward to your response. If you require further clarification or discussion, please do not hesitate to contact me.
Yours sincerely,
Nosey Rosey
OFFICIAL
Dear Noseyrosey
Please find attached the Decision relating to Defence FOI 481/24/25.
Under section 54 of the FOI Act, you are entitled to request a review of
this decision. Your review rights are attached.
Please contact this office should you require any further information.
Regards
Freedom of Information Team
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
[1]Freedom of information requests | About | Defence
IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.
References
Visible links
1. https://www.defence.gov.au/about/accessi...