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
Reference: 2024/408
Dear Nosey Rosey
Thank you for your email of 14 December 2024 in which you made a request
under the Freedom of Information Act 1982 (the FOI Act) to the Department
of the Prime Minister and Cabinet (the Department).
You set out the terms of the request as follows:
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.
Timeframe for receiving your decision
The 30 day statutory period for processing your request commenced from the
day after the Department received your request, you should therefore
expect a decision from us by 13 January 2025.
The processing period of 30 days may be extended in certain circumstances
and we will write to you separately regarding any extension of time.
Charges
Agencies may decide that an applicant is liable to pay a charge in respect
of a request for access to documents. If the Department decides that you
are liable to pay a charge, we will send you a preliminary assessment of
the charge as soon as possible.
Publication of documents
Please note that information released under the FOI Act may later be
published online on our disclosure log at
[1]https://www.pmc.gov.au/government/depart...,
subject to certain exceptions. If you think you might wish to raise any
objections to the publication of your requested document, which may be
released to you, please contact us by email at [2][DPMC request email]. If you
do wish to object to the publication of information, you would need to set
out your reasons.
Exclusion of officers’ names and contact details
For documents that fall within scope of the request, it is the
Department’s policy to withhold:
· any person’s signature;
· the names and contact details of Australian Public Service
officers not in the Senior Executive Service (SES);
· the mobile or direct numbers of SES officers;
· the names and contact details of Ministerial staff at a level
below Chief of Staff.
If you consider the information categorised above is relevant to the terms
of your request please let us know at [3][DPMC request email], otherwise we will
take it that you agree this category of information may be reasonably
regarded as irrelevant and we will delete this information if it appears
in the documents that are otherwise responsive to your request.
The names and other details of SES officers will not be withheld unless
there is some reason for that information to be exempt from release.
Further information on FOI processing can be found at the website of the
Office of the Australian Information Commissioner at
[4]https://www.oaic.gov.au/freedom-of-infor...
Yours sincerely
Coordinator | FOI Section
Department of the Prime Minister and Cabinet
p. (02) 6271 5849
e. [5][email address] w. [6]pmc.gov.au
[7]Image removed by sender.
______________________________________________________________________
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References
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2. mailto:[DPMC request email]
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OFFICIAL
Departmental reference: FOI/2024/408
Dear Noseyrosey,
I refer your request of 14 December 2024 under the Freedom of Information
Act 1982.
Clarification of scope of request
We have not been able to conduct appropriate searches owing to the broad
nature, and lengthy timeframe of your request. We are therefore seeking
clarification on the terms of your request.
For example it would assist the Department if you provide further details
on the following:
- clarify a shorter timeframe for us to undertake reasonable
document searches; and
- provide further details of what specific client information the
Department received from DVA, or specific information regarding the type
of documents you seek to access.
This will assist by providing clearer parameters for the request, and will
enable a Departmental officer to identify the systems, and search terms
which need to be searched. We would appreciate your response by COB 10
January 2025.
Alternatively you could consider the functions of the Department and our
structure, available on our website. You could use this information to
identify a specific area of the Department that you consider would
reasonably have knowledge of the subject matter of your request. See:
[1]PM&C Organisation chart
Extension of time
We understand from your FOI request you do not consent to any extensions
of time owing to the holiday shutdowns and other internal operational
issues. However, we hope you will consider consenting to our request for
an extension of time of 21-days to 3 February 2025, as the broad nature of
your request has made conducting appropriate searches difficult and has
delayed the processing of your request. We hope with a revised FOI request
we can finalise this matter as soon as possible.
We would greatly appreciate if you can provide your response to the above
by COB 10 January 2025.
If you have any questions, please do not hesitate to contact me.
Kind regards,
Adviser | FOI Section[]
Department of the Prime Minister and Cabinet
p. (02) 6271 5849
Ngunnawal Country, One National Circuit Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [2][email address] w. [3]pmc.gov.au
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
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References
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Dear FOI,
Thank you for your email dated 8 January 2025 regarding my FOI request (FOI/2024/408). I note your request for clarification and an additional extension of time to respond to my request.
I respectfully decline the request for an extension of time to 3 February 2025. As noted in my initial FOI request, I do not consent to extensions due to operational or holiday-related delays. The repeated extension requests appear to be a delaying tactic rather than a genuine need for additional time, and I ask that the Department adhere to the statutory timeframes set under the Freedom of Information Act 1982 (Cth).
The terms of my original request are sufficiently clear, and I expect that reasonable searches can be conducted within the existing timeframe. I request that you proceed with the search and processing of my request without further delay or reliance on extensions.
Furthermore I note that OAIC has refused the request under the same reasoning as you provided for 4 agency’s. I suggest you don’t waste your time on this activity.
I look forward to receiving your decision by the statutory deadline.
Yours sincerely,
noseyrosey
OFFICIAL
Dear Noseyrosey,
Please find attached correspondence regarding your request under the
Freedom of Information Act 1982.
Yours sincerely
Adviser
FOI Section[]
Department of the Prime Minister and Cabinet
p. (02) 6271 5849
Ngunnawal Country, One National Circuit Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [1][email address] w. [2]pmc.gov.au
[3]cid:image001.jpg@01D78E24.FF2DAFB0[4]cid:image002.jpg@01D78E24.FF2DAFB0
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Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
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Dear FOI Section,
Thank you for your correspondence dated 13 January 2025 regarding my FOI request (FOI/2024/408). I wish to reiterate my concern about the Department’s handling of this request, particularly the repeated requests for extensions and scope clarifications, which appear inconsistent with the obligations under the Freedom of Information Act 1982 (Cth) (FOI Act).
Statutory Obligations
Under section 15(5)(b) of the FOI Act, the Department is required to process FOI requests within 30 days of receipt unless an appropriate extension is granted under section 15AA or section 15AB. This timeframe ensures the principles of openness, transparency, and accountability are upheld.
The scope of my original request is clear and detailed. It specifies:
Documents sought, such as memoranda of understanding, policies, procedures, privacy impact assessments, and governance frameworks related to data sharing with the Department of Veterans’ Affairs (DVA).
A defined timeframe (ten years, from 1 January 2014 to 14 December 2024).
Exclusions, such as individual complaint files and case-specific records, to limit the request's breadth.
As per section 15(2)(b) of the FOI Act, a request must provide sufficient information to enable an agency to identify the documents sought. My request meets this requirement, and the Department has not demonstrated otherwise. Repeated requests for scope refinement lack justification under the Act.
Practical Refusal and Extensions
The FOI Act under section 24AA allows agencies to issue a practical refusal notice if a request would substantially and unreasonably divert resources. However, the Department has not provided adequate reasoning or specific evidence to justify invoking section 24AB. Merely claiming the scope is broad or the timeframe lengthy without conducting meaningful searches does not meet the statutory threshold for a practical refusal.
Additionally, I do not consent to any further extensions, as I have previously stated. Section 15AA extensions require the applicant's agreement, which I have not granted. Attempts to rely on operational delays or holiday stand-down periods to justify additional time do not align with the pro-disclosure intent of the Act, as highlighted in section 3 and reinforced by the guidelines issued under section 93A.
Next Steps
I request that the Department:
Conduct all reasonable searches in accordance with section 24A and provide a decision promptly.
Refrain from further unnecessary requests for scope refinements or extensions that contravene statutory obligations.
Failure to meet these obligations will leave me no choice but to escalate this matter to the Office of the Australian Information Commissioner (OAIC) under section 54L, as a deemed refusal under section 15AC may already apply if a valid decision is not issued within the statutory timeframe.
I trust this clarifies my position and expect the Department to comply with its statutory responsibilities. I look forward to receiving your decision without further delay.
Yours sincerely,
Nosey Rosey