Dear Nosey Rosey

 

Acknowledgement of your Freedom of Information Request

I refer to your request for access to documents under the Freedom of
Information Act 1982 (FOI Act) made in the following terms (paraphrased):

 

               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.

               ...

               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.

 

I understand your request for documents to exclude:

•             duplicate and draft versions of documents

•             personal information of Australian Electoral Commission
(AEC) staff.

 

Timeframe to process your request

Your request was received by the AEC on 14 December 2024, and the 30-day
statutory timeframe for processing your request commenced from the day
after that date.  Ordinarily, you should expect to receive a decision from
us by 13 January 2025.  However, please see below details for the request
for consultation process which affects the decision period.

 

Section 24AB consultation

I am an officer authorised under section 23 of the FOI Act to make
decisions in relation to FOI requests. 

 

The Australian Electoral Commission (the AEC) believes that work involved
in processing your FOI request in its current form would substantially and
unreasonably divert the resources of the AEC from its other operations due
to its broad scope and the inability to reasonably identify documents for
the AEC to commence retrieval from the relevant business areas.

 

This is called a ‘practical refusal reason' under section 24AA of the FOI
Act.  On the basis of the practical refusal reason, I intend to refuse
access to the documents you requested. However, before I make a final
decision, you have the opportunity to revise your FOI request.  This is
called a 'request consultation process', and is set out in section 24AB of
the FOI Act.  You have 14 days to respond to this notice in one of the
ways set out below.

 

Why your request may be refused

I have decided that a practical refusal reason may exist because:

•             the scope of the request is so broad that it is difficult to
reasonably identify what documents you are seeking and which business
areas within the agency would likely hold the documents you are seeking,
and/or

•             the request does not satisfy the requirements under
s15(2)(b) of the FOI Act because the information provided in the request
concerning the documents is so broad that the responsible officer of the
agency is unable to identify the documents you are after and the business
area within the agency that would likely hold the documents you are
seeking.

 

Request consultation process

You now have the opportunity to revise your request so that it may
proceed. You may wish to revise your request to narrow the scope of
documents, or explain in detail the specific documents that you wish to
access. Below are some ways may narrow the scope of your request:

•             Limiting the request to a particular date range.

•             Limiting the request to a particular subject matter – for
example requesting specific documents between the AEC and DVA for the
management of the electoral roll.

•             Limiting the request to a particular business area within
the agency that may hold documents you are seeking.

•             Identifying documents to which the AEC hold or are likely to
hold.

•             Identifying the identity of the person/business area known
as “[authority name]” within your request.

 

Before the end of the 14 day consultation period, you must write to the
AEC and either:

•             withdraw your request;

•             make a revised request; or

•             tell us that you do not wish to revise your request.

 

The 14 day consultation period will start on the day after you receive
this notice. During this period, you are welcome to seek assistance from
AEC to revise your request.  If you revise your request to adequately
address the practical refusal reasons outlined above, the AEC will
recommence processing it.

 

The time taken to consult you regarding the scope of your request is not
taken into account for the purposes of the 30 day time limit for
processing your request.

 

If you do not do one of the three things listed above during the
consultation period or you do not contact the AEC to discuss your request
during this period, your request will be taken to have been withdrawn.

 

Charges

We will advise you if any charge is payable to process your request and
the amount of any charge as soon as practicable.  No charge is payable for
providing a person with their own personal information.

 

Your address

The FOI Act requires that you provide us with an address to which we can
send notices.  You have advised that your electronic address is
[1][FOI #12579 email].  We will send all
notices and correspondence to this address.  Please advise us as soon as
possible if you wish for notices and correspondence to be sent to a
different address.  If you do not advise us of changes to your address,
notices and correspondence will continue to be sent to the address
specified above.

 

Administrative release of documents

The AEC has administrative access arrangements for the release of certain
documents without the need for a formal freedom of information request.
Where appropriate we may offer you documents via the administrative access
scheme in lieu of processing under the FOI Act.  Information relating to
third parties cannot be released via administrative access.  You will be
notified when documents are released to you on an administrative access
basis.

 

Disclosure log

Documents released under the FOI Act may be published in a disclosure log
on the AEC's website.  Section 11C of the FOI Act requires this
publication, however it is subject to certain exceptions, including where
publication of personal, business, professional or commercial information
would be unreasonable.

 

Further assistance

If you have any questions please email [2][email address], or contact our
enquiries line on 13 23 26.

 

Yours sincerely

Justine (888-51108)

Senior Government Lawyer

Australian Electoral Commission

 

 

 

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

From: noseyrosey <[3][FOI #12579 email]>

Sent: Saturday, 14 December 2024 1:44 PM

To: FOI <[4][email address]>

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

 

CAUTION: This email originated from outside of the Australian Federal
Government. Do not click links or open attachments unless you recognise
the sender and know the content is safe.

 

 

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
[5]https://aus01.safelinks.protection.outlo...,
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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Please use this email address for all replies to this request:

 

[6][FOI #12579 email]

 

 

 

Is [7][AEC request email] the wrong address for Freedom of Information requests
to Australian Electoral Commission? If so, please contact us using this
form:

 

[8]https://aus01.safelinks.protection.outlo...

 

 

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

 

[9]https://aus01.safelinks.protection.outlo...

 

 

 

Please note that in some cases publication of requests and responses will
be delayed.

 

 

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

 

 

 

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