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
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Dear Nosey Rosey
Thank you for your email received by the NDIS Quality and Safeguards Commission (the NDIS Commission) on 14 December 2024 in which you requested access to documents under the Commonwealth Freedom of Information Act 1982 (the FOI Act).
The NDIS Commission regulates NDIS providers and workers with the aim of improving quality and safety of NDIS supports and standards. The NDIS Commission holds records relating to our core functions – including complaints received about NDIS providers.
Following our careful review of your email, it is not clear if you are requesting access to documents held by the NDIS Commission as you have not identified the name of the Agency that could potentially hold this information. I note there is reference to Services Australia within your correspondence and NDIS Commission does not have access to this information, as the NDIS Commission is an external body independent of Services Australia.
Next steps
If you wish to request documents that you believe the NDIS Commission holds, please respond to this email and provide an amended request scope to identify the Agency you wish to seek documents from, and we will consider it accordingly.
Please let me know if you have any questions or need any further information about the FOI process.
Kind regards,
Deepika
Freedom of Information Unit
Legal Services and Internal Integrity Division
W: www.ndiscommission.gov.au
E: [email address]
The NDIS Quality and Safeguards Commission 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.
Dear Freedom of Information Officer,
Thank you for your response. To clarify, I am indeed making this request to the NDIS Quality and Safeguards Commission. The purpose of my request is to identify any documents within your agency that concern the sharing of personal information originating from the Department of Veterans’ Affairs (DVA). While I mentioned Services Australia in the initial request to highlight a particular data-sharing arrangement (the Centrelink Confirmation eServices), I am not specifically requesting documents held by Services Australia. Rather, I am seeking any material that your agency may hold, including any records of direct data transfers from or to the DVA, memoranda of understanding involving DVA client information, or any policies and procedures governing such exchanges.
If the NDIS Commission does not hold any records or documents related to the receipt, handling, or use of DVA client information, please confirm this in writing. Otherwise, I would appreciate you identifying and assessing any documents falling within the original scope of the request. Should you believe that further clarification is required, please let me know, and I will do my best to refine the scope accordingly.
Thank you for your assistance, and I look forward to receiving your acknowledgment and decision within the statutory timeframe.
Yours sincerely,
Nosey
Thank you for emailing the NDIS Quality and Safeguards Commission.
This inbox is monitored between 9 am and 5 pm (AEST), Monday to Friday and
we will respond to your enquiry within 5 business days.
Alternatively you can contact us on 1800 035 544, or visit the website at
[1]www.ndiscommission.gov.au for information and resources.
This is an automated email. Please do not respond.
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Dear Nosey Rosey
Thank you for your email received by the NDIS Quality and Safeguards Commission (NDIS Commission) on 16 December 2024, in which you requested access to documents under the Commonwealth Freedom of Information Act 1982 (FOI Act).
Your request for documents
We understand your request to be for the following documents:
• Any documents within your agency that concern the sharing of personal information originating from the Department of Veterans’ Affairs (DVA).
• Any material that your agency may hold, including any records of direct data transfers from or to the DVA, memoranda of understanding involving DVA client information, or any policies and procedures governing such exchanges.
• 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 NDIS Commission 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.
Timeline and Extension of Time (Christmas shutdown)
The statutory period for processing your request is 30 days commencing from the day after your request was received. The due date for a decision on access is 15 January 2025.
The 30-day period may be extended under certain conditions, for instance where documents contain information regarding third parties and consultation is required. We will advise you if this happens and of any adjustment to the request due date.
Please be advised that the NDIS Commission will close at 12.30pm on Tuesday 24 December 2024 and will re-open on Thursday 2 January 2025.
We seek your agreement to a 30-day extension of the processing time under 15AA of the FOI Act to accommodate the shutdown period and any additional leave taken by staff around this time. We will endeavour to process your request and deliver a decision more quickly if possible.
Please advise if you are agreeable to a 30-day extension of time. If you agree to this extension the new due date for the request will be 14 February 2025.
Removal of irrelevant information
Section 22 of the FOI Act provides for the removal of material that is not relevant to the scope of a request. Where you are not specifically seeking personal information in the scope of your request, the personal information of Commission staff below Senior Executive Service (SES) level, and the personal information of other individuals will be treated as irrelevant material and removed from the documents. We also propose to remove duplicate documents and provide the final email in any email chains.
Next steps
Can you now please respond to this email and
• confirm that we understand the scope of your request correctly;
• provide your agreement to the extension of time and confirm whether you consent to be identified as the FOI applicant for the purposes of any third-party consultation that may be required; and
• confirm that you do not seek the personal information of staff below SES level and consent to the removal of duplicate documents and the provision of the final email in any email chains.
Please provide your response by COB Thursday 19 December 2024.
Please let us know if you have any questions about the FOI process or would like to discuss this email.
Kind regards,
Deepika
Freedom of Information Unit
Legal Services and Internal Integrity Division
W: www.ndiscommission.gov.au
E: [email address]
The NDIS Quality and Safeguards Commission 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.
Dear FOI (NDIS Commission),
I am writing to formally notify you that I have lodged an application for review with the Office of the Australian Information Commissioner (OAIC) regarding your handling of my Freedom of Information (FOI) request, reference number [insert agency FOI reference number], submitted on 14 December 2024. The OAIC has assigned the review application the reference number WEB-MR-25-00852.
This referral is due to the failure to provide a decision within the statutory timeframe set out in section 15(5)(b) of the Freedom of Information Act 1982 (Cth) (FOI Act). Despite the statutory obligation to finalize the request by 13 January 2025, no decision has been provided. Under section 15AC of the FOI Act, the request is now deemed to have been refused, necessitating the involvement of the OAIC to resolve the matter.
I request that your agency continues to process my request as a matter of priority and provides a detailed update on the progress of searches and any identified documents. Additionally, I remind you of your obligations under section 3(4) of the FOI Act to facilitate and promote prompt and efficient disclosure of government-held information.
Should you wish to discuss this matter further, please do not hesitate to contact me via email. I expect your full cooperation with the OAIC during their review process to ensure that the principles of transparency and accountability are upheld.
Yours sincerely,
Nosey Rosey
Thank you for emailing the NDIS Quality and Safeguards Commission.
This inbox is monitored between 9 am and 5 pm (AEST), Monday to Friday and
we will respond to your enquiry within 5 business days.
Alternatively you can contact us on 1800 035 544, or visit the website at
[1]www.ndiscommission.gov.au for information and resources.
This is an automated email. Please do not respond.
References
Visible links
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Dear Nosey Rosey
Thank you for your email to notify that an application for review has been lodged with the Office of the Australian Information Commissioner (OAIC) regarding handling of your Freedom of Information (FOI) request, reference number LEX 3971 - FOI No. 73, submitted on 14 December 2024.
Please see below clarification around the timeframe for your FOI request:
Original correspondence received on 14 December 2024 regarding request for documents was considered invalid under the Freedom of Information Act 1982 (FOI Act) as it did not specify the name of the Agency that holds the documents. Section 15(2) of the FOI Act sets out the requirements for a valid Freedom of Information request and states that a request must:
• Provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency to identify it;
NDIS Commission's FOI team sent you an email on 16 December 2025 before the FOI request was formally acknowledged and the email sought clarification of scope in order to progress the request. You responded on the same day and provided additional information to clarify the request scope.
OAIC Guidelines 3.53 states that:
"An agency or minister should also be flexible in assisting an applicant to provide the details necessary for a request to fulfil the formal requirements of the FOI Act (for example, notifying the applicant of a missing detail by telephone or email). This contact can be made either before or after a request is formally acknowledged. It should rarely be necessary to require the submission of a fresh written FOI request if only a minor detail, such as a date relevant to a particular document or the applicant’s return address, has been omitted from the access request. Once the further information is provided, the agency or minister’s office should inform the applicant that their request meets the statutory requirements and that the timeframe for deciding the request has commenced. It is important to keep good records of contact with applicants, such as file notes of conversations, so that an agency can demonstrate if required that it has taken reasonable steps in accordance with s 15(3) or (4)"
As noted in the acknowledgement email sent to you on 17 December 2024, your FOI request is considered to have been received by the NDIS Quality and Safeguards Commission (NDIS Commission) on 16 December 2024 and the statutory period for processing your request is 30 days commencing from the day after your request was received. As such, the due date for a decision on access is 15 January 2025.
Please be advised that your FOI request is actively progressing, and FOI team is currently undertaking consultations on the documents subject to the request. In light of this, an application for extension of time to process the request has been made with the OAIC on 14 January 2024 under s15AB of the FOI Act with an outcome pending.
Kind regards,
Deepika
Freedom of Information Unit
Legal Services and Internal Integrity Division
W: www.ndiscommission.gov.au
E: [email address]
The NDIS Quality and Safeguards Commission 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.