Dear Nosey Rosey,

I refer to your application dated 14 December 2024 that was apparently
lodged via the Right to Know website ([1]noseyrosey - Freedom of
Information requests - Right to Know). I note that Section 15(5)(b) of the
FOI Act provides that the 30-day processing period within which an
applicant is to be notified of a decision commences on the day after the
day the agency or minister is taken to have received a request that meets
the formal requirements of s15(2), (2A). The FOI Guidelines state that the
time of receipt of an electronic communication is the date the
communication is capable of being retrieved by the agency (Electronic
Transactions Act 1999, 2 14A), and that this is assumed to be the time it
reaches the addressee’s nominated electronic address.

 

Our searches could not find and did not disclose any record of your
request having been received on or around 14 December 2024 by the Reserve
Bank’s FOI Officer via the Bank’s [2][RBA request email] mailbox, and the Bank
has been unable to retrieve any other record of your request having been
received on its servers.

 

The Bank first became aware of your request on 15 January 2025 following
receipt of your email dated 14 January 2025 and has now processed your
request.

AUTHORITY TO MAKE DECISION

I advise I am the Reserve Bank’s decision maker appointed by the Governor
and am authorised to make this decision in terms of section 23 of the FOI
Act.

REQUEST

 

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] (sic) 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] (sic) has received or accessed and for
what purposes. Specifically, I request:

 

All records of data sharing arrangements between DVA and [Authority name]
(sic), 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] (sic) 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] (sic) 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.

 

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] (sic) holds the requested information, it should provide it
directly. If there are parts of this request that [Name of Agency] (sic)
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]
(sic) 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] (sic) 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
Unless I expressly provide otherwise, a reference to a section is a
reference to a section of the FOI Act.

 

ACTIONS UNDERTAKEN TO PROCESS THE REQUEST AND RELEVANT DOCUMENTS

I advise that we have conducted searches of the Reserve Bank’s electronic
records systems and made enquiries of our Banking and Payments Settlements
departments, and have identified the following documents relevant to your
request (Relevant Documents):

 

(a) Transactional Banking Agreement between the Reserve Bank and the
Department of Veterans Affairs (DVA)  [dated 1 August 2006 and
subsequently extended in 2013 and 2015]

(b) Transactional Banking Agreement between the Reserve Bank and the
Department of Veterans Affairs (DVA)  [dated 17 August 2016];

(c) Transactional Banking Agreement between the Reserve Bank and
Department of Veterans Affairs  [dated 8 November 2023];

 

Each of these documents governs the provision of transactional banking
services by the Reserve Bank to the DVA, including electronic payment
services to facilitate payments to DVA clients:

 

(a) records of payment instructions given to the Reserve Bank by DVA under
and for the purposes of one of the Transactional Banking Agreements
referred to above, which include names, account numbers, BSB numbers and
amounts; and
(b) records of payments dating back to 1 July 2017 made by the Reserve
Bank to DVA clients under, and in accordance with, the documents listed in
paras (a), (b) and (c) above (Payments Records).

 

EVIDENCE RELIED UPON

-          the terms of your request;

-          document searches within the Bank;

-          the FOI Act; and

-          FOI Guidelines from the Office of the Australian Information
Commissioner (OAIC).

 

DECISION AND REASONS

I have decided to deny access to all Relevant Documents pursuant to
section 7(2) (supplemented by [4]Schedule II Part II Division 1) of the
FOI Act, which exempts the Reserve Bank ‘in relation to documents in
respect of its banking operations (including individual open market
operations and foreign exchange dealings) and in respect of exchange
control matters’. The provision of transactional banking services by the
Bank to the DVA clearly falls within the scope of ‘banking operations’ for
the purposes of this exemption.

INFORMATION COMMISSIONER REVIEW REQUEST

The Bank has received a Notice of request for Information Commissioner
review (IC review) and Preliminary Inquiries under s 54V from the OAIC
[reference MR25/00096] following your application for IC review of a
purported deemed access refusal decision made by the Bank under s 15AC (3)
of the FOI Act (Decision not made on request within time – deemed refusal
of decision).

As outlined above, the Bank has no record of having received your request.
In view of the Bank’s action to process the request upon becoming aware of
it, and the information provided in this decision outlining the nature of
the Bank’s relationship with the DVA and the Bank’s exempt status in
relation to the Relevant Documents, I request that you consider
withdrawing your IC review application under section 54R of the FOI Act.
That section permits an IC review applicant to withdraw an application for
review in writing at any time before the Information Commissioner makes a
decision under section 55 of the FOI Act.  The effect of withdrawing an IC
review application is that it is taken as never having been made.

 

REVIEW RIGHTS

I advise that you have rights to review of my decision under the FOI Act
if you are dissatisfied with it. You may apply as detailed below for
review of my decision.

Internal review

Under section 54 of the FOI Act, you may apply in writing to the Reserve
Bank of Australia for an internal review of my decision. The internal
review application must be made within 30 days of the date of this email,
and be lodged in one of the following ways:

email: [5][RBA request email]

post: Attn FOI Officer, SD, Reserve Bank of Australia, GPO Box 3947,
Sydney NSW 2001

Where possible, please attach reasons why you believe review of the
decision is necessary. The internal review will be carried out by another
officer within 30 days of receipt of it.

Information Commissioner review

Under section 54L of the FOI Act, you may apply to the Australian
Information Commissioner to review my decision. An application for review
by the Information Commissioner must be made in writing within 60 days of
the date of this answer, and be lodged in one of the following ways:

online: [6]Apply for an Information Commissioner review | OAIC

email: [7][email address]

 

Yours sincerely

 

Anthony Dickman | Secretary
RESERVE BANK OF AUSTRALIA | 8 Chifley Square, Sydney NSW 2000
e: [8][RBA request email] | w: [9]www.rba.gov.au

------------------------
TEXT OF REQUEST:

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 [10]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

-----Original Message-----

From: noseyrosey <[11][FOI #12616 email]>

Sent: Tuesday, January 14, 2025 7:49 PM

To: FOI <[12][RBA request email]>

Subject: Re: Freedom of Information request - Documents Relating to the
Sharing of DVA Client Information

 

⚠ EXTERNAL EMAIL: Do not click any links or open any attachments unless
you trust the sender and know the content is safe.

 

 

Dear FOI Officer,

 

I am writing regarding my Freedom of Information (FOI) request submitted
on 14 December 2024, seeking access to records held by the Reserve Bank of
Australia concerning data-sharing arrangements with the Department of
Veterans’ Affairs.

 

Under section 15(5)(b) of the Freedom of Information Act 1982 (FOI Act),
the Reserve Bank of Australia was required to process this request within
30 days from the date of receipt. This statutory deadline expired on 13
January 2025.

 

As no substantive decision has been communicated to me within the
prescribed timeframe, this request is now deemed to have been refused
under section 15AC of the FOI Act.

 

Further, in accordance with the FOI Act:

 

Section 24A obliges agencies to take all reasonable steps to locate
documents before determining they do not exist or cannot be found. I have
received no indication that such steps have been undertaken in good faith
within the statutory timeframe.

 

Section 3 emphasizes the FOI Act’s objective to promote accountability and
transparency in government operations. The failure to respond within the
statutory period undermines this principle.

 

Given the Reserve Bank of Australia’s non-compliance with its statutory
obligations, I have referred this matter to the Office of the Australian
Information Commissioner (OAIC) under receipt number WEB-MR-25-00850 for
external review.

 

I encourage the Reserve Bank of Australia to take immediate action to
finalize the processing of my request without further delay. Should you
have any queries or wish to discuss the matter, you may contact me at your
earliest convenience.

 

Sincerely,

 

Nosey Rosey

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[13][FOI #12616 email]

 

 

 

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