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 Authorised FOI Decision Maker,

Thank you for your response dated 17 December 2024 regarding my Freedom of Information (FOI) request 52429. I note your decision to refuse access under section 24A of the Freedom of Information Act 1982 (FOI Act) on the grounds that no documents exist within the Department of Social Services (the Department). I appreciate the Department’s acknowledgment of my request, but I am concerned that the search process undertaken to determine the absence of such documents was insufficient and may not have fully satisfied the obligations under the Act.

Firstly, the decision letter does not provide adequate details about the steps taken to locate the documents I requested. The FOI Act requires that all reasonable steps be undertaken to find the documents before a refusal decision under section 24A is made. However, the response lacks clarity regarding which areas or business units within the Department were searched, what systems or records were examined, and whether relevant staff members were consulted. Without this information, I am unable to assess whether the Department’s efforts to locate the requested material were reasonable and comprehensive, as required by the FOI Guidelines issued by the Office of the Australian Information Commissioner (OAIC).

I am also concerned by the Department’s reliance on its assertion that it does not have a functional responsibility to receive or collect personal information from the Department of Veterans’ Affairs (DVA). While this may be a reasonable position, it does not preclude the existence of documents concerning data sharing, such as inter-agency communications, agreements, or meeting records that reference the transfer or use of DVA client information. Additionally, it is unclear whether the Department considered the possibility that such data or agreements might exist as part of indirect arrangements, shared repositories, or through collaborations with other agencies or third parties.

Moreover, I note that the Department referred to the DVA privacy policy, which identifies agencies with disclosure arrangements. While this provides some context, it does not demonstrate that the Department undertook any efforts to confirm directly with the DVA or explore whether such records may exist in alternative repositories. Without a clear outline of the process followed to ensure the requested documents do not exist, the decision lacks the transparency and reasoning required to justify the refusal.

Given these concerns, I respectfully request that the Department reconsider its decision and conduct a more thorough and detailed search for the documents I requested. If, following a more comprehensive search, the Department maintains its position that no relevant documents exist, I ask that the decision clearly outline the precise steps taken, including the systems searched, the business areas consulted, and any additional measures considered.

If you remain satisfied that no documents exist, I will consider pursuing an internal review or escalating the matter to the Information Commissioner. I believe that the circumstances warrant greater scrutiny to ensure that my request has been appropriately handled in accordance with the FOI Act.

I appreciate your attention to this matter and look forward to your response. Should you wish to discuss any aspect of this letter or require further clarification regarding my concerns, please contact me at your earliest convenience.

Yours sincerely,
Nosey

Dear FOI Officer,

I refer to my Freedom of Information (FOI) request dated 14 December 2024, submitted under the Freedom of Information Act 1982 (Cth). The decision issued on 17 December 2024 under reference number 52429 does not satisfy the requirements of the FOI Act.

Pursuant to section 15(5)(b) of the FOI Act, an agency is required to make a decision on an FOI request within 30 days. Additionally, under section 26(1)(a), a decision refusing access to documents must state the findings on material questions of fact and refer to the evidence or material relied upon in making the decision. The response provided does not meet these statutory requirements.

The statement in your decision that “there are no reasonable searches that can be undertaken for the documents requested, as there is no clear business reason as to why the Department would hold them” indicates that no actual searches were conducted. This fails to comply with section 24A(1) of the FOI Act, which requires agencies to take all reasonable steps to locate documents before refusing a request on the basis that documents do not exist. A refusal without undertaking any search is not a valid decision under the Act.

If a valid and compliant decision is not issued by 20 January 2025, this matter will be deemed refused under section 15AC of the FOI Act. I will escalate the matter to the Office of the Australian Information Commissioner (OAIC) for review, as the Department has failed to meet its statutory obligations.

I trust the Department will take the necessary steps to provide a correct and lawful decision promptly, ensuring compliance with the FOI Act and the principles of transparency and accountability.

Yours sincerely,
Nosey Rosey