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
You have contacted the Freedom of Information Team at the Commonwealth
Department of Education (the department). If your email relates to a
Freedom of Information (FOI) application made under the Freedom of
Information Act 1982 (Cth) (FOI Act), the department will respond as soon
as possible.
This email address is only for applications for access to documents under
the FOI Act. The department is unable to respond to non-FOI related
enquiries sent to this email address, and accordingly, emails sent to this
email address that are not FOI related will not be responded to or
forwarded.
CRICOS Codes
If you are seeking information relating to the Commonwealth Register of
Institutions and Courses for Overseas Students (CRICOS), information about
Australian education providers offering courses to people studying in
Australia on student visas and the courses offered, including CRICOS
codes, is available at [1]http://cricos.education.gov.au//. Monthly CRICOS
data exports are available at [2]https://data.gov.au/data/dataset/cricos.
The department is unable to respond to non-FOI related CRICOS enquiries
sent to this email address.
Non-FOI Enquiries
If you have a non-FOI related enquiry for the department, you can contact
the department by using the online enquiry form at
[3]https://www.education.gov.au/about-us/co....
Regards,
Freedom of Information Team
Department of Education
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient, any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 566 046 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. http://cricos.education.gov.au/
2. https://data.gov.au/data/dataset/cricos
3. https://www.education.gov.au/about-us/co...
Dear Nosey
The Department of Education (the department) acknowledges receipt of your
request dated 14 December 2024.
It appears that you are seeking to make a freedom of information request
to the department. As such, we have interpreted the references in your
request to [Authority Name] and [Name of Agency] as references to the
department but please let us know if this understanding is incorrect.
Invalid FOI request
Your request is currently for:
‘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.’
Your request then details specific types of documents you are interested
in.
Under the Freedom of Information Act 1982 (Cth) (FOI Act), a request must:
o be in writing
o state that the request is an application for the purposes of the FOI
Act
o provide such information concerning the documents as is reasonably
necessary to enable a responsible officer of the department to
identify them, and
o provide an address for reply.
Currently, your request does not meet the requirements for a valid request
under the FOI Act. This is because the request does not provide enough
information about the documents to which you seek access to enable the
department to identify them. The request is currently so broad that all
areas of the department would need to search for documents falling within
the scope of your request over the relevant time period (i.e. the last 10
years). This would not be reasonably practicable.
Next steps
If you would like to make a valid FOI request to the department, please
provide further context about the documents you are seeking to access. In
particular, it might be helpful if you let us know the context of any
‘sharing of personal information from the Department of Veterans’ Affairs’
that you are interested in, for example, does your request relate to:
o a particular subject matter administered by the department, such as
schools, child care or higher education
o a particular program administered by the department
o a specific third party or category of third parties (such as a
particular higher education or child care provider or broader group of
providers)
o a particular context such as education assistance or higher education
student contribution requirements.
As your request is not a valid FOI request, the department is not
processing your request any further.
Please contact [1][email address] if you have any questions.
Kind regards,
Freedom of Information Team
Australian Government Department of Education
[2]www.education.gov.au
[3][email address]
-----Original Message-----
From: noseyrosey [4][FOI #12596 email]
Sent: Saturday, 14 December 2024 3:01 PM
To: Education - FOI [5][Department of Education 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
[6]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:
[7][FOI #12596 email]
Is [8][Department of Education request email] the wrong address for Freedom of Information
requests to Department of Education? If so, please contact us using this
form:
[9]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:
[10]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.
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient, any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 566 046 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. mailto:[email address]
2. http://www.education.gov.au/
3. mailto:[email address]
4. mailto:[FOI #12596 email]
5. mailto:[Department of Education request email]
6. https://www.servicesaustralia.gov.au/cen...
7. mailto:[FOI #12596 email]
8. mailto:[Department of Education request email]
9. https://www.righttoknow.org.au/change_re...
10. https://www.righttoknow.org.au/help/offi...
Dear Freedom of Information Team,
Thank you for your correspondence dated 24 December 2024. I acknowledge your position that my request, as initially submitted, may not meet the requirements of the Freedom of Information Act 1982 (Cth) (FOI Act). However, I wish to clarify and refine my request to ensure it satisfies the statutory requirements while maintaining its intended scope.
Clarified Scope of Request
I seek access to documents held by the Department of Education concerning the systematic sharing of personal information originating from the Department of Veterans’ Affairs (DVA). Specifically, my request focuses on the department’s role, if any, in receiving, handling, or sharing DVA client information for purposes such as:
Higher education assistance programs;
Student loans or contributions (e.g., HECS-HELP or other schemes);
Education support programs targeted at veterans or their dependents;
Any related programs where DVA client information may be used.
To further clarify, I request the following:
Formal Agreements
Any memoranda of understanding (MOUs), service-level agreements (SLAs), or similar agreements outlining the sharing of DVA client data with or by the Department of Education.
Governance Documents
Policies, procedures, or guidelines detailing how DVA client data is accessed, used, stored, or destroyed by the department.
Privacy and Ethical Considerations
Any privacy impact assessments, internal reviews, or discussions addressing the ethical or legal considerations of using DVA client data within the department.
Purpose and Use
Internal strategy papers, project proposals, or other documents explaining why DVA client data was accessed, how it was used, and the anticipated outcomes.
Sample Data
A suitably de-identified or redacted example of the types of data fields shared (excluding any Centrelink Confirmation eServices data if no other DVA data was shared).
Exclusions
To streamline processing, I do not seek access to:
Individual-level complaint files or other documents relating to interactions between individual veterans or their dependents and the Department of Education.
Contextual Clarifications
This request pertains to any broad data-sharing arrangements or programs in which the department accesses DVA client data, directly or indirectly. For example, this could include programs assisting veterans in higher education or initiatives that support veterans’ dependents in accessing educational services.
Processing Expectations
I trust this clarification resolves your concerns about the scope of the request. Please proceed with processing the request and inform me promptly if further refinements are necessary to ensure compliance with the FOI Act.
Thank you for your attention to this matter. I look forward to your response.
Yours sincerely,
Nosey
Thank you for contacting the Freedom of Information Team at the
Commonwealth Department of Education (the department). Please note that
our office will close at 12:30pm on 24 December 2024 and will re-open on 2
January 2025. During this period, no FOI applications
or charges will be processed.
If your email relates to an FOI application made under the Freedom of
Information 1982 (Cth) (FOI Act), the department will respond as soon as
possible after 2 January 2025.
This email address is only for applications for access to documents under
the FOI Act. The department is unable to respond to non-FOI related
enquiries sent to this email address, and accordingly, emails sent to this
email address that are not FOI related will
not be responded to or forwarded.
CRICOS Codes
If you are seeking information relating to the Commonwealth Register of
Institutions and Courses for Overseas Students (CRICOS), information about
Australian education providers offering courses to people studying in
Australia on student visas and the courses
offered, including CRICOS codes, is available at
http://cricos.education.gov.au//. Monthly CRICOS data exports are
available at https://data.gov.au/data/dataset/cricos. The department is
unable to respond to non-FOI related CRICOS enquiries sent to this email
address.
Non-FOI Enquiries
If you have a non-FOI related enquiry for the department, you can contact
the department by using the online enquiry form at
https://www.education.gov.au/about-us/co....
Regards,
Freedom of Information Team
Department of Education
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient, any use,
disclosure or copying of this email is unauthorised.
If you received this email in error, please notify the sender by
contacting the department's switchboard on 1300 566 046 during business
hours (8:30am - 5pm Canberra time) and delete all copies of this
transmission together with any attachments.
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
You have contacted the Freedom of Information Team at the Commonwealth
Department of Education (the department). If your email relates to a
Freedom of Information (FOI) application made under the Freedom of
Information Act 1982 (Cth) (FOI Act), the department will respond as soon
as possible.
This email address is only for applications for access to documents under
the FOI Act. The department is unable to respond to non-FOI related
enquiries sent to this email address, and accordingly, emails sent to this
email address that are not FOI related will not be responded to or
forwarded.
CRICOS Codes
If you are seeking information relating to the Commonwealth Register of
Institutions and Courses for Overseas Students (CRICOS), information about
Australian education providers offering courses to people studying in
Australia on student visas and the courses offered, including CRICOS
codes, is available at [1]http://cricos.education.gov.au//. Monthly CRICOS
data exports are available at [2]https://data.gov.au/data/dataset/cricos.
The department is unable to respond to non-FOI related CRICOS enquiries
sent to this email address.
Non-FOI Enquiries
If you have a non-FOI related enquiry for the department, you can contact
the department by using the online enquiry form at
[3]https://www.education.gov.au/about-us/co....
Regards,
Freedom of Information Team
Department of Education
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient, any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 566 046 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. http://cricos.education.gov.au/
2. https://data.gov.au/data/dataset/cricos
3. https://www.education.gov.au/about-us/co...
Dear Nosey
The Department of Education (the department) acknowledges receipt of your
request dated 30 December 2024.
Thank you for providing further clarification about the types of documents
you are interested in. However, as discussed below, your request still
does not meet the requirements for a valid request under the Freedom of
Information Act 1982 (Cth) (FOI Act).
Invalid FOI request
Your request is in the following terms:
‘access to documents held by the Department of Education concerning the
systematic sharing of personal information originating from the Department
of Veterans’ Affairs (DVA). Specifically, my request focuses on the
department’s role, if any, in receiving, handling, or sharing DVA client
information for purposes such as:
Higher education assistance programs; Student loans or contributions
(e.g., HECS-HELP or other schemes); Education support programs targeted at
veterans or their dependents; Any related programs where DVA client
information may be used.’
Your request then details specific types of documents you are interested
in.
As previously advised in our email to you dated 24 December 2024, under
the FOI Act, a request must:
o be in writing
o state that the request is an application for the purposes of the FOI
Act
o provide such information concerning the documents as is reasonably
necessary to enable a responsible officer of the department to
identify them, and
o provide an address for reply.
Your current request does not meet the requirements for a valid
request under the FOI Act. This is because your request does not provide
enough information about the documents to which you seek access to enable
the department to identify them. The terms of your request are still so
broad that all areas of the department would need to conduct searches to
establish whether the department holds documents falling within the scope
of your request. This would not be reasonably practicable.
Next steps
We have made some preliminary enquiries within the department and two of
the department’s groups (the Schools Group and the Early Childhood and
Youth Group) have indicated that they are unlikely to hold any documents
within the scope of your request as they do not deal with DVA client
information. However, the department’s Higher Education, Research and
International Group has indicated that they may hold a limited number of
documents that may be relevant to the broad subject matter of your
request. As such, you may wish to make a valid FOI request taking this
into consideration.
If you would like to make a valid FOI request to the department, please
provide further context about the documents you are seeking to access. In
particular, it might be helpful if you let us know the context of any
‘sharing of personal information from the Department of Veterans’ Affairs’
that you are interested in, for example, does your request relate to:
o a particular subject matter administered by the department (e.g.
higher education)
o a particular program administered by the department
o a specific third party or category of third parties (such as a
particular higher education or broader group of providers)
o a particular context such as education assistance or higher education
student contribution requirements
o a particular time period.
As your request is not a valid FOI request, the department is not
processing your request any further.
Please contact [1][email address] if you have any questions.
Kind regards,
Freedom of Information Team
Australian Government Department of Education
[2]www.education.gov.au
[3][email address]
-----Original Message-----
From: noseyrosey [4][FOI #12596 email]
Sent: Monday, 30 December 2024 6:12 PM
To: Education - FOI [5][Department of Education request email]
Subject: Re: Freedom of Information request - Documents Relating to the
Sharing of DVA Client Information [SEC=OFFICIAL]
**************************************************************************
CAUTION: This email originated from outside of the organisation. Do not
click links or open attachments unless you recognise the sender and know
the content is safe.
**************************************************************************
Dear Freedom of Information Team,
Thank you for your correspondence dated 24 December 2024. I acknowledge
your position that my request, as initially submitted, may not meet the
requirements of the Freedom of Information Act 1982 (Cth) (FOI Act).
However, I wish to clarify and refine my request to ensure it satisfies
the statutory requirements while maintaining its intended scope.
Clarified Scope of Request
I seek access to documents held by the Department of Education concerning
the systematic sharing of personal information originating from the
Department of Veterans’ Affairs (DVA). Specifically, my request focuses on
the department’s role, if any, in receiving, handling, or sharing DVA
client information for purposes such as:
Higher education assistance programs;
Student loans or contributions (e.g., HECS-HELP or other schemes);
Education support programs targeted at veterans or their dependents; Any
related programs where DVA client information may be used.
To further clarify, I request the following:
Formal Agreements
Any memoranda of understanding (MOUs), service-level agreements (SLAs), or
similar agreements outlining the sharing of DVA client data with or by the
Department of Education.
Governance Documents
Policies, procedures, or guidelines detailing how DVA client data is
accessed, used, stored, or destroyed by the department.
Privacy and Ethical Considerations
Any privacy impact assessments, internal reviews, or discussions
addressing the ethical or legal considerations of using DVA client data
within the department.
Purpose and Use
Internal strategy papers, project proposals, or other documents explaining
why DVA client data was accessed, how it was used, and the anticipated
outcomes.
Sample Data
A suitably de-identified or redacted example of the types of data fields
shared (excluding any Centrelink Confirmation eServices data if no other
DVA data was shared).
Exclusions
To streamline processing, I do not seek access to:
Individual-level complaint files or other documents relating to
interactions between individual veterans or their dependents and the
Department of Education.
Contextual Clarifications
This request pertains to any broad data-sharing arrangements or programs
in which the department accesses DVA client data, directly or indirectly.
For example, this could include programs assisting veterans in higher
education or initiatives that support veterans’ dependents in accessing
educational services.
Processing Expectations
I trust this clarification resolves your concerns about the scope of the
request. Please proceed with processing the request and inform me promptly
if further refinements are necessary to ensure compliance with the FOI
Act.
Thank you for your attention to this matter. I look forward to your
response.
Yours sincerely,
Nosey
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient, any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 566 046 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. mailto:[email address]
2. http://www.education.gov.au/
3. mailto:[email address]
4. mailto:[FOI #12596 email]
5. mailto:[Department of Education request email]
Dear Freedom of Information Team,
Thank you for your correspondence dated 3 January 2025. I note that my clarified request dated 30 December 2024 already provides sufficient detail for the Department of Education to process my FOI request. The focus on higher education, student loans, education support for veterans or dependents, and related programs sufficiently narrows the scope and identifies relevant areas, such as the Higher Education, Research, and International Group, which you acknowledge may hold relevant documents.
Under section 15(2)(b) of the Freedom of Information Act 1982 (Cth), an FOI request must provide sufficient information to enable the agency to identify documents. It does not require exhaustive precision or for the agency to have certainty about every possible document before commencing searches.
Given the clarifications already provided, I request that the department proceed with processing the request without delay. If the department still considers it impracticable to process, please provide detailed reasoning under section 24AB(1) of the FOI Act, including the specific steps taken to assess the scope and the reasons for considering the request too broad.
If a decision is not made in accordance with the FOI Act, I will refer this matter to the Office of the Australian Information Commissioner (OAIC) for external review.
Thank you for your attention to this matter.
Yours sincerely,
Nosey
You have contacted the Freedom of Information Team at the Commonwealth
Department of Education (the department). This email address is only for
applications for access to documents under the FOI Act. The department is
unable to respond to non-FOI related enquiries sent to this email address,
and accordingly, emails sent to this email address that are not FOI
related will not be responded to or forwarded. If you have a non-FOI
related enquiry for the department, you can contact the department by
using the online enquiry form
[1]https://www.education.gov.au/about-us/co...
of Information TeamDepartment of Education
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. https://www.education.gov.au/about-us/co...
You have contacted the Freedom of Information Team at the Commonwealth
Department of Education (the department). If your email relates to a
Freedom of Information (FOI) application made under the Freedom of
Information Act 1982 (Cth) (FOI Act), the department will respond as soon
as possible.
This email address is only for applications for access to documents under
the FOI Act. The department is unable to respond to non-FOI related
enquiries sent to this email address, and accordingly, emails sent to this
email address that are not FOI related will not be responded to or
forwarded.
CRICOS Codes
If you are seeking information relating to the Commonwealth Register of
Institutions and Courses for Overseas Students (CRICOS), information about
Australian education providers offering courses to people studying in
Australia on student visas and the courses offered, including CRICOS
codes, is available at [1]http://cricos.education.gov.au//. Monthly CRICOS
data exports are available at [2]https://data.gov.au/data/dataset/cricos.
The department is unable to respond to non-FOI related CRICOS enquiries
sent to this email address.
Non-FOI Enquiries
If you have a non-FOI related enquiry for the department, you can contact
the department by using the online enquiry form at
[3]https://www.education.gov.au/about-us/co....
Regards,
Freedom of Information Team
Department of Education
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient, any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 566 046 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. http://cricos.education.gov.au/
2. https://data.gov.au/data/dataset/cricos
3. https://www.education.gov.au/about-us/co...
Dear Nosey
Thank you for providing the additional information in your below email.
On this basis, the Department of Education (department) has interpreted the scope of your freedom of information request to be in the following terms:
“Any formal agreements documenting the department’s role, if any, in receiving, handling, or sharing DVA client information for the purposes of a higher education assistance program.”
The department will process your request on the basis of the above scope, unless you advise otherwise by COB Monday 13 January 2025.
Your request was received by the department on 7 January 2025 and the 30 day statutory period for processing your request commenced from the day after that date. The period of 30 days may be extended if we need to consult third parties or for other reasons permitted under the FOI Act. We will advise you if this happens.
Charges
The department will advise you if a charge is payable to process your request and the amount of any such charge as soon as practicable. No charge is payable for providing a person with their own personal information.
Your address
The FOI Act requires that you provide us with an address that we can send notices to. You have advised your electronic address is [FOI #12596 email]. Unless you tell us otherwise, we will send all notices and correspondence to this address.
Disclosure log
Information released under the FOI Act may be published on a disclosure log on our website, subject to certain exceptions. These exceptions include where publication of personal, business, professional or commercial information would be unreasonable.
Exclusion of employee details
To the extent the department has documents in its possession that fall within the scope of your request, we will treat the names, signatures, position titles, staff identification numbers and direct contact details of Commonwealth employees as irrelevant in accordance with section 22 of the FOI Act, unless you tell us otherwise by COB Monday 13 January 2025.
Further assistance
If you have any questions about your request, please email [email address].
Yours sincerely
Freedom of Information Team
Department of Education
-----Original Message-----
From: noseyrosey <[FOI #12596 email]>
Sent: Tuesday, 7 January 2025 7:23 PM
To: Education - FOI <[Department of Education request email]>
Subject: Re: Freedom of Information request - Documents Relating to the Sharing of DVA Client Information [SEC=OFFICIAL]
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CAUTION: This email originated from outside of the organisation. Do not click links or open attachments unless you recognise the sender and know the content is safe.
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Dear Freedom of Information Team,
Thank you for your correspondence dated 3 January 2025. I note that my clarified request dated 30 December 2024 already provides sufficient detail for the Department of Education to process my FOI request. The focus on higher education, student loans, education support for veterans or dependents, and related programs sufficiently narrows the scope and identifies relevant areas, such as the Higher Education, Research, and International Group, which you acknowledge may hold relevant documents.
Under section 15(2)(b) of the Freedom of Information Act 1982 (Cth), an FOI request must provide sufficient information to enable the agency to identify documents. It does not require exhaustive precision or for the agency to have certainty about every possible document before commencing searches.
Given the clarifications already provided, I request that the department proceed with processing the request without delay. If the department still considers it impracticable to process, please provide detailed reasoning under section 24AB(1) of the FOI Act, including the specific steps taken to assess the scope and the reasons for considering the request too broad.
If a decision is not made in accordance with the FOI Act, I will refer this matter to the Office of the Australian Information Commissioner (OAIC) for external review.
Thank you for your attention to this matter.
Yours sincerely,
Nosey
-----Original Message-----
Dear Nosey
The Department of Education (the department) acknowledges receipt of your request dated 30 December 2024.
Thank you for providing further clarification about the types of documents you are interested in. However, as discussed below, your request still does not meet the requirements for a valid request under the Freedom of Information Act 1982 (Cth) (FOI Act).
Invalid FOI request
Your request is in the following terms:
‘access to documents held by the Department of Education concerning the systematic sharing of personal information originating from the Department of Veterans’ Affairs (DVA). Specifically, my request focuses on the department’s role, if any, in receiving, handling, or sharing DVA client information for purposes such as:
Higher education assistance programs; Student loans or contributions (e.g., HECS-HELP or other schemes); Education support programs targeted at veterans or their dependents; Any related programs where DVA client information may be used.’
Your request then details specific types of documents you are interested in.
As previously advised in our email to you dated 24 December 2024, under the FOI Act, a request must:
o be in writing
o state that the request is an application for the purposes of the FOI Act o provide such information concerning the documents as is reasonably necessary to enable a responsible officer of the department to identify them, and o provide an address for reply.
Your current request does not meet the requirements for a valid request under the FOI Act. This is because your request does not provide enough information about the documents to which you seek access to enable the department to identify them. The terms of your request are still so broad that all areas of the department would need to conduct searches to establish whether the department holds documents falling within the scope of your request. This would not be reasonably practicable.
Next steps
We have made some preliminary enquiries within the department and two of the department’s groups (the Schools Group and the Early Childhood and Youth Group) have indicated that they are unlikely to hold any documents within the scope of your request as they do not deal with DVA client information. However, the department’s Higher Education, Research and International Group has indicated that they may hold a limited number of documents that may be relevant to the broad subject matter of your request. As such, you may wish to make a valid FOI request taking this into consideration.
If you would like to make a valid FOI request to the department, please provide further context about the documents you are seeking to access. In particular, it might be helpful if you let us know the context of any ‘sharing of personal information from the Department of Veterans’ Affairs’
that you are interested in, for example, does your request relate to:
o a particular subject matter administered by the department (e.g.
higher education)
o a particular program administered by the department o a specific third party or category of third parties (such as a particular higher education or broader group of providers) o a particular context such as education assistance or higher education student contribution requirements o a particular time period.
As your request is not a valid FOI request, the department is not processing your request any further.
Please contact [1][email address] if you have any questions.
Kind regards,
Freedom of Information Team
Australian Government Department of Education
[2]www.education.gov.au
[3][email address]
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Please use this email address for all replies to this request:
[FOI #12596 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.
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Notice:
The information contained in this email message and any attached files may be confidential information, and may also be the subject of legal professional privilege. If you are not the intended recipient, any use, disclosure or copying of this email is unauthorised. If you received this email in error, please notify the sender by contacting the department's switchboard on 1300 566 046 during business hours (8:30am - 5pm Canberra time) and delete all copies of this transmission together with any attachments.