Documents Relating to the Sharing of DVA Client Information

Response to this request is delayed. By law, Department of Health should normally have responded promptly and by (details)

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

FOI, Department of Health

1 Attachment

Good afternoon Rosey,

 

Acknowledgement of receipt of Freedom of Information request

 

I refer to your request received by the Department of Health and Aged Care
(the department) for access to documents under the Freedom of Information
Act 1982 (FOI Act). You have requested access to:

 

 

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.

 

 

The reference number for your request is FOI 25-0169 LD. Please ensure
that you quote this number in future correspondence with us concerning
this request.

 

 

Request to exclude irrelevant information from your request

 

To assist with processing your request, can you also please advise by COB
18 December 2024, if you agree that information regarding any public
service employee names below Senior Executive Service level and direct
telephone numbers of all staff will be excluded from the scope of your
request under s22(1)(a)(ii) of the FOI Act.

 

Other Information

 

The department may impose a charge for the work involved in providing
access to the documents.  If this request attracts a charge, you will be
notified in writing.

 

Unless you advise otherwise any draft and duplicate documents will be
excluded from the scope of your request.

 

Please note that information released under the FOI Act may later be
published online on our disclosure log
[1]www.health.gov.au/resources/foi-disclosure-log, subject to certain
exceptions. (For example, personal information will not be published where
this would be unreasonable.)

 

You can contact the FOI team via email at [2][email address] or by phone
on 02 6289 1666, should you have any questions.

 

Kind regards,

FOI Administration Officer – Freedom of Information Section

Legal Advice and Legislation Branch

Legal Division | Corporate Operations Group

Australian Government Department of Health and Aged Care

T: 02 6289 1666 | E: [3][email address]

PO Box 9848, Canberra ACT 2601, Australia

The Department of Health and Aged Care acknowledges First Nations peoples
as the Traditional Owners of Country throughout Australia, and their
continuing connection to land, sea and community. We pay our respects to
them and their cultures, and to all Elders both past and present.

 

show quoted sections

FOI, Department of Health

2 Attachments

Good afternoon Rosey,

 

I refer to your request 25-0169 LD received by the Department of Health
and Aged Care (the department) for access to documents under the Freedom
of Information Act 1982 (FOI Act).

 

The statutory due date is 13 January 2025.

 

Request for an extension

 

Section 15AA of the FOI Act permits the department to extend the statutory
processing timeframe, with your agreement, for a period of up to 30
calendar days.

To ensure that department has undertaken all reasonable steps to identify
all documents relevant to your request, and for the decision maker to make
a well-balanced decision on access to any such documents identified, the
department is seeking your agreement to an extension of 14 calendar days.

If you agree to this extension, the statutory due date will then be Monday
27 January 2025. The department will, however, continue to process your
request as quickly as possible.

It would assist if you could please advise by COB Thursday 9 January 2025
or earlier if you agree to this extension of time. If we do not hear from
you by this date or if you do not agree to the extension, the department
may consider seeking an extension of time from the Office of the
Australian Information Commissioner (OAIC) under section 15AB of the FOI
Act.

If you have any questions regarding any of the matters discussed in this
email, please do not hesitate to contact the FOI Section at
[1][email address].

 

Kind Regards,

 

Case Officer – Freedom of Information Section

Legal Advice and Legislation

Legal Division | Corporate Operations Group

Australian Government, Department of Health and Aged Care

T: 02 6289 1666 | E: [2][email address]

PO Box 9848, Canberra ACT 2601, Australia

The Department of Health and Aged Care acknowledges the traditional owners
of country throughout Australia, and their continuing connection to land,
sea and community. We pay our respects to them and their cultures, and to
elders both past and present

 

From: FOI <[email address]>
Sent: Monday, 16 December 2024 4:02 PM
To: noseyrosey <[FOI #12601 email]>
Subject: TRIM: Freedom of Information Request 25-0169 LD – Acknowledgement
of Receipt [SEC=OFFICIAL]

 

Good afternoon Rosey,

 

Acknowledgement of receipt of Freedom of Information request

 

I refer to your request received by the Department of Health and Aged Care
(the department) for access to documents under the Freedom of Information
Act 1982 (FOI Act). You have requested access to:

 

 

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
[3]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.

 

 

The reference number for your request is FOI 25-0169 LD. Please ensure
that you quote this number in future correspondence with us concerning
this request.

 

 

Request to exclude irrelevant information from your request

 

To assist with processing your request, can you also please advise by COB
18 December 2024, if you agree that information regarding any public
service employee names below Senior Executive Service level and direct
telephone numbers of all staff will be excluded from the scope of your
request under s22(1)(a)(ii) of the FOI Act.

 

Other Information

 

The department may impose a charge for the work involved in providing
access to the documents.  If this request attracts a charge, you will be
notified in writing.

 

Unless you advise otherwise any draft and duplicate documents will be
excluded from the scope of your request.

 

Please note that information released under the FOI Act may later be
published online on our disclosure log
[4]www.health.gov.au/resources/foi-disclosure-log, subject to certain
exceptions. (For example, personal information will not be published where
this would be unreasonable.)

 

You can contact the FOI team via email at [5][email address] or by phone
on 02 6289 1666, should you have any questions.

 

Kind regards,

FOI Administration Officer – Freedom of Information Section

Legal Advice and Legislation Branch

Legal Division | Corporate Operations Group

Australian Government Department of Health and Aged Care

T: 02 6289 1666 | E: [6][email address]

PO Box 9848, Canberra ACT 2601, Australia

The Department of Health and Aged Care acknowledges First Nations peoples
as the Traditional Owners of Country throughout Australia, and their
continuing connection to land, sea and community. We pay our respects to
them and their cultures, and to all Elders both past and present.

 

show quoted sections

Dear FOI Case Officer,

Thank you for your email dated 6 January 2025 regarding my Freedom of Information (FOI) request (reference FOI 25-0169 LD). I acknowledge your request for a 14-day extension to the statutory processing timeframe under section 15AA of the Freedom of Information Act 1982 (Cth).

As outlined in my original request, I do not consent to extensions resulting from internal resourcing or administrative delays. However, I appreciate the complexity of my request and the effort required to identify all relevant documents. If you consider the additional time necessary, I encourage the department to seek an extension from the Office of the Australian Information Commissioner (OAIC) under section 15AB, providing clear justification for why additional time is required.

I trust the department will continue processing my request efficiently and in accordance with its obligations under the FOI Act. Should you require further clarification to assist in processing the request, please do not hesitate to contact me promptly.

Thank you for your assistance, and I look forward to receiving your decision by the current statutory deadline.

Yours sincerely,
Nosey

Dear FOI Officer,

I am writing regarding my Freedom of Information (FOI) request, reference number FOI 25-0169 LD, submitted to the Department of Health on 14 December 2024. As the statutory timeframe for providing a decision expired on 13 January 2025, and no valid 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) for review, with submission reference number WEB-MR-25-00848. I have requested that the OAIC direct the department to process and finalize my request without further delay and assess the handling of this matter to ensure compliance with the FOI Act.

I trust the department will cooperate fully with the OAIC to resolve this matter promptly and uphold its statutory obligations. Should you have any questions, please feel free to contact me via email.

Yours sincerely,
Nosey Rosey