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
Dear Applicant
Thank you for contacting the National Indigenous Australian Agency (NIAA) FOI Team.
Your request below does not specify which Commonwealth department or agency you are requesting information from.
Please confirm if your request is for information held by the NIAA.
Yours sincerely,
FOI Team
Legal Services Branch+AHw- Integrity Group +AHw- National Indigenous Australians Agency+AHw- FOI+AEA-niaa.gov.au
Charles Perkins House, 16 Bowes Place, Phillip ACT 2606+AHw- PO Box 2191 ACT 2601
w. niaa.gov.au w. indigenous.gov.au
The National Indigenous Australians Agency acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. We pay our respects to the people, the cultures and the elders past, present and emerging.
Note: This email and any attachments may contain confidential or legally privileged information (and neither are waived or lost if this email has been sent to you by mistake). If you are not the intended recipient, you must not use, disclose, copy or retain it. If you have received it in error, please let me know by reply email and then delete this email from your system and do not retain any copy. Recipients within the National Indigenous Australians Agency should seek assistance from Legal Services Branch before disseminating this email to third parties.
OFFICIAL
Dear Freedom of Information Officer,
Thank you for your response. To clarify, I am indeed directing this request to the National Indigenous Australians Agency (NIAA). I appreciate you taking the time to confirm the scope. As indicated in my original request, I am seeking any documents held by the NIAA relating to the sharing of personal information originating from the Department of Veterans’ Affairs (DVA) over the past ten years.
If the NIAA holds such material, please proceed to process my request. If no such documents are held, or if you believe further clarification is necessary, I ask that you kindly contact me at the earliest opportunity so that any issues may be resolved within the statutory timeframe. As mentioned previously, I do not consent to this request being transferred to the DVA or any other external agency. However, if the NIAA works closely with or manages any entities under its remit that may hold relevant records, you may internally coordinate with them and then provide a comprehensive response.
Thank you for your assistance, and I look forward to receiving your acknowledgment and decision within the 30-day timeframe.
Yours sincerely,
Nosey
OFFICIAL
Dear Nosey,
Freedom of Information Request no. FOI/2425/038
Thank you for your request to the National Indigenous Australians Agency
(NIAA) for access to documents under the Freedom of Information Act 1982
(FOI Act).
The NIAA received your initial request on 14 December 2024 (attached).
This request did not provide enough information to reasonably identify
what documents you are seeking access to and was an invalid request as per
section 15 of the FOI Act.
On 16 December 2024, we wrote to you requesting more information about
your request. On that same date, you kindly provided further information
(attached).
We understand the scope of your request to be as follows:
“I seek access to any and all documents, records, data, and supporting
material held by the NIAA 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 NIAA has received or accessed and for what purposes.
Specifically, I request:
All records of data sharing arrangements between DVA and the NIAA,
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 the
NIAA 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 the NIAA 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 NIAA received pertains solely to data linked to the
Centrelink Confirmation eServices (CCeS) arrangements as described at
[1]https://www.servicesaustralia.gov.au/cen...,
and there were no other forms of DVA data shared, then no CCeS-related
data needs to be provided under this request.”
The revised request is valid. The 30 day statutory period for processing
your request commenced from the day after that date.
You should therefore expect a decision from us by 15 January 2025.
Request for an extension of time
The NIAA’s annual close down period is from 25 December 2024 to 1 January
2025 (inclusive). The FOI inbox will not be monitored during this period.
To ensure the NIAA may process your request for documents within the
statutory timeframe, we are requesting an extension of time with your
agreement, of 30 days under section 15AA of the FOI Act. Should you agree
to extend the timeframe under s 15AA, a decision will be due to you by 14
February 2024.
If you agree to extending the timeframe for processing your request by 30
calendar days, please advise by reply email to [2][email address] by COB
Thursday 2 January 2024.
We will advise you if there are any further extensions of time, including
if third party consultation is required.
Charges
Agencies may decide that an applicant is liable to pay a charge in respect
of a request for access to documents. If the decision-maker decides that
you are liable to pay a charge, a preliminary assessment of the charge
will be provided to you as soon as possible.
Publication
Please note that information released under the FOI Act may later be
published online on our [3]Disclosure Log, subject to certain exceptions.
If you think you might wish to raise any objections to the publication of
any of the information which may be released to you, please contact us by
email at [4][email address]. If you wish to object to the publication of
information, you will need to provide supporting reasons.
Information out of scope
The NIAA considers the names and contact details of Commonwealth staff not
in the Senior Executive Service (SES), such as Australian Public Service
(APS) officers, and other personal details of all Commonwealth staff (such
as signatures and direct phone numbers), as not relevant to the scope of a
request. Information that is irrelevant to your request will be excluded
from any documents which may be released to you.
Please note, the NIAA routinely excludes the following from documents
released in response to FOI requests:
· duplicate documents
· duplicate email chains
· publicly available documents, and
· draft or interim documents where a later version is included.
Next steps
Please write to us by reply email to [5][email address] by COB Thursday 2
January 2024 and tell us:
· if you agree staff names and contact details not in the SES, and
personal details of all Commonwealth staff (such as signatures and direct
phone numbers) are not relevant to your request, and
· if you agree to an extension of time of 30 calendar days to
process your request.
We will write again when we have more information. We will contact you
using the email address you provided. Please advise if you would prefer us
to use an alternative means of contact.
If you have any questions in the meantime, please do not hesitate to
contact us at [6][email address].
Yours sincerely,
FOI Team
Legal Services Branch| Integrity Group | National Indigenous Australians
Agency| [7][email address]
Charles Perkins House, 16 Bowes Place, Phillip ACT 2606| PO Box 2191 ACT
2601
w. [8]niaa.gov.au w. [9]indigenous.gov.au
The National Indigenous Australians Agency acknowledges the traditional
owners and custodians of country throughout Australia and acknowledges
their continuing connection to land, waters and community. We pay our
respects to the people, the cultures and the elders past, present and
emerging.
[10][IMG][11][IMG][12][IMG][13][IMG]
Note: This email and any attachments may contain confidential or legally
privileged information (and neither are waived or lost if this email has
been sent to you by mistake). If you are not the intended recipient, you
must not use, disclose, copy or retain it. If you have received it in
error, please let me know by reply email and then delete this email from
your system and do not retain any copy. Recipients within the National
Indigenous Australians Agency should seek assistance from Legal Services
Branch before disseminating this email to third parties.
OFFICIAL
______________________________________________________________________
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.
______________________________________________________________________
References
Visible links
1. https://www.servicesaustralia.gov.au/cen...
2. mailto:[email address]
3. https://www.niaa.gov.au/foi/agency-foi-d...
4. mailto:[email address]
5. mailto:[email address]
6. mailto:[email address]
7. mailto:[email address]
8. https://niaa.gov.au/
9. https://www.indigenous.gov.au/
10. https://www.facebook.com/indigenous.gov.au
11. https://www.instagram.com/indigenous_gov/
12. https://twitter.com/indigenous_gov
13. https://www.youtube.com/user/IndigenousG...
Dear FOI Team,
Thank you for your correspondence dated 24 December 2024 regarding my FOI request. I appreciate your acknowledgment of the revised scope and the clarifications provided.
Response to Exclusions
I agree that the following information may be excluded from the scope of my request:
Names and contact details of non-Senior Executive Service (SES) Commonwealth staff;
Personal details of all Commonwealth staff, such as signatures and direct phone numbers;
Duplicate documents, email chains, publicly available documents, and draft or interim documents where a later version is included.
Response to Extension of Time
I do not agree to the proposed 30-day extension under section 15AA of the FOI Act. As outlined in my initial request, I request that the statutory 30-day timeframe be adhered to. Should an extension be deemed necessary due to third-party consultations or other complexities, I ask that the NIAA seek an extension through the Office of the Australian Information Commissioner under section 15AB of the FOI Act.
Next Steps
Please proceed with processing the request within the statutory timeframe or notify me promptly if further clarification is required. I look forward to receiving your decision by 15 January 2025.
Thank you for your assistance.
Yours sincerely,
Nosey
OFFICIAL
Dear Nosey
Thank you for confirming your agreement to exclude staff names and contact details not in the SES and personal details of all Commonwealth staff from your request.
Clarification of scope
You have requested documents created over the last ten years. The National Indigenous Australians Agency was established by an Executive Order signed by the Governor-General on 29 May 2019 and the Agency was launched on 1 July 2019. Therefore, the NIAA only holds records from this date.
Request for extension of time (s15AA)
I note that you did not agree to our request for an extension of time of 30 days under section 15AA of the FOI Act.
The FOI Team was not able to progress your request during its annual shutdown period (25 December 2024 to 1 January 2025). Respectfully, we are seeking your agreement to an 8 day extension only to account for the processing time lost during this period. If you agree to this extension of time, a decision will be due by 28 January 2024.
Grateful if you could please confirm if you agree to this extension of time by COB Friday 3 January 2024, if possible.
Yours sincerely,
FOI Co-ordinator
FOI Team
Legal Services Branch+AHw- Integrity Group +AHw- National Indigenous Australians Agency+AHw- FOI+AEA-niaa.gov.au
Charles Perkins House, 16 Bowes Place, Phillip ACT 2606+AHw- PO Box 2191 ACT 2601
w. niaa.gov.au w. indigenous.gov.au
The National Indigenous Australians Agency acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. We pay our respects to the people, the cultures and the elders past, present and emerging.
Note: This email and any attachments may contain confidential or legally privileged information (and neither are waived or lost if this email has been sent to you by mistake). If you are not the intended recipient, you must not use, disclose, copy or retain it. If you have received it in error, please let me know by reply email and then delete this email from your system and do not retain any copy. Recipients within the National Indigenous Australians Agency should seek assistance from Legal Services Branch before disseminating this email to third parties.
OFFICIAL
Re: Response to Extension Request for FOI Request FOI/2425/038
I acknowledge receipt of your correspondence dated 2 January 2025. I appreciate your clarification regarding the records held by the National Indigenous Australians Agency (NIAA) and your request for an 8-day extension to the statutory timeframe for processing my FOI request.
While I understand that the NIAA experienced an annual shutdown period, I must reiterate my position that the statutory 30-day timeframe for processing FOI requests should be adhered to as per the provisions of the Freedom of Information Act 1982 (Cth). The Act provides clear expectations for managing requests, and operational closures do not suspend these obligations.
As a result, I do not agree to the proposed 8-day extension under section 15AA. If additional time is required, I request that you apply to the Office of the Australian Information Commissioner for an extension under section 15AB of the FOI Act. This approach ensures transparency and allows for independent oversight of the request for additional time.
I urge the NIAA to process my request diligently within the statutory timeframe. If unforeseen complexities arise that necessitate further consultation, I am open to engagement to ensure the matter is resolved in accordance with the law and in a timely manner.
Thank you for your attention to this matter. I look forward to receiving your decision by the original statutory deadline.
Yours sincerely,
Nosey
OFFICIAL
Dear Nosey,
Thank you for your quick reply. I note that you have not agreed to an extension of time under 15AA of the FOI Act.
I confirm that we understand your scope to be as follows:
+IBw-I seek access to any and all documents, records, data, and supporting material held by the NIAA concerning the sharing of personal information originating from the Department of Veterans+IBk- Affairs (DVA) since 1 July 2019. 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 NIAA has received or accessed and for what purposes. Specifically, I request:
All records of data sharing arrangements between DVA and the NIAA, 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 the NIAA 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 the NIAA sought access to this information, how it was intended to be integrated into the agency+IBk-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 NIAA 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.+IB0-
A decision is currently due on or before 15 January 2024.
Yours sincerely,
FOI Team
Legal Services Branch+AHw- Integrity Group +AHw- National Indigenous Australians Agency+AHw- FOI+AEA-niaa.gov.au
Charles Perkins House, 16 Bowes Place, Phillip ACT 2606+AHw- PO Box 2191 ACT 2601
w. niaa.gov.au w. indigenous.gov.au
The National Indigenous Australians Agency acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, waters and community. We pay our respects to the people, the cultures and the elders past, present and emerging.
Note: This email and any attachments may contain confidential or legally privileged information (and neither are waived or lost if this email has been sent to you by mistake). If you are not the intended recipient, you must not use, disclose, copy or retain it. If you have received it in error, please let me know by reply email and then delete this email from your system and do not retain any copy. Recipients within the National Indigenous Australians Agency should seek assistance from Legal Services Branch before disseminating this email to third parties.
OFFICIAL
noseyrosey left an annotation ()
Here are the key dates for your request to the National Indigenous Australians Agency (NIAA):
Request Submitted: 14 December 2024
This is the date you initially submitted your FOI request to the NIAA.
Acknowledgment Received: 16 December 2024
NIAA responded, seeking confirmation if the request was intended for their agency.
Scope Clarification Provided by You: 16 December 2024
You confirmed the request was directed to the NIAA and clarified the scope.
Revised Scope Accepted by NIAA: 24 December 2024
NIAA acknowledged the clarified scope and confirmed the statutory processing time commenced.
Statutory Deadline (30 Days): 15 January 2025
Based on the commencement date of 16 December 2024, the original statutory deadline for a decision was set.