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
Dear Nosey
The Australian Human Rights Commission has begun processing your request
under the Freedom of Information Act 1982 (Cth) (FOI Act).
You have requested access to:
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.
Specifically, you requested:
o 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.
o 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.
o 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.
o 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.
o 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.
o If the only data [Authority name] received pertains solely to data
linked to the Centrelink Confirmation eServices (CCeS) arrangements as
described at
[1]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.
Under the FOI Act, the Commission has until Monday, 13 January 2025 to
make a decision in relation to your request.
If your request covers documents which contain the personal information of
third parties and the Commission is required under the FOI Act to consult
with the person or organisation concerned before making a decision on the
release of those documents, the processing period will be extended by 30
days. An FOI officer from the Commission will advise you if third party
consultation is required. As you know, Commonwealth workplaces are closed
over the end of year period. This closure and corresponding staff absences
may make impede our ability to meet any third-party consultation process
that may apply, or otherwise to process your request within the 30-day
timeframe. Noting your position that you will not agree to any extension
of time, should it be necessary, we will apply to the OAIC for an
extension of time.
Request to discuss the scope of your request
The scope of your request is exceedingly broad and potentially onerous on
the Commission’s resources. This is due, in part, to the long time periods
for the documents you seek, and the large number of categories of
documents.
Significantly, the scope of your request is not entirely clear.
To assist you in accessing the information you seek, and ensuring that we
can process your request in a timely manner, we request that you provide a
phone number, and a suitable time for you to be contacted by our FOI
officer at your earliest convenience. Please note that the Commission will
be closed for the holiday period from midday on 24 December 2024.
The FOI officer managing your request has been copied into this email, and
you may contact them directly to discuss the scope of your request.
Best regards,
Demitra Nikas she/her
Paralegal
Australian Human Rights Commission
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9732
E [2][email address] W [3]humanrights.gov.au
We acknowledge the Traditional Custodians of Country throughout Australia,
and recognise their continuing connection to land, waters and culture. We
pay our respects to their Elders - past, present and future.
[4]Email signature graphic. Australian Human Rights Commission Logo.
Everyone, Everywhere, Everyday.
The Commission supports flexible working arrangements, and I am sending
this message at a time that is convenient to me and my work schedule. It
is not my expectation that you read, respond, or follow up on this email
outside your hours of work.
Dear Demitra,
Thank you for your correspondence dated 24 December 2024, regarding my Freedom of Information (FOI) request. I note your concerns about the scope and processing of the request. However, I must reiterate that it is the responsibility of the Australian Human Rights Commission (AHRC) to process FOI requests as prescribed under the Freedom of Information Act 1982 (Cth) (FOI Act).
The scope of my request is clear and appropriately detailed. It specifies:
The subject matter (data sharing arrangements with the Department of Veterans’ Affairs),
The type of documents sought (agreements, policies, communications, etc.), and
The timeframe (ten years).
This level of specificity meets the requirements of section 15(2)(b) of the FOI Act, which requires sufficient detail to enable documents to be identified. It is not the role of the applicant to undertake the internal work of the agency or identify specific business areas responsible for holding documents.
I reject the assertion that my request is too broad or unclear. As you note, other government agencies are processing similar requests without raising such concerns. The AHRC, as a government entity, is equally capable of identifying, retrieving, and assessing relevant documents in compliance with its legal obligations.
Clarifications Regarding Scope
To assist, I reiterate the following:
Contact Details: I do not provide a contact number for verbal discussions, as the FOI Act does not mandate this. All communications should remain in writing for clarity and record-keeping.
Exclusions: To streamline processing, I consent to the exclusion of duplicate and draft versions of documents, as well as personal information of AHRC staff (other than Senior Executives).
Third-Party Consultation: Should third-party consultation be required, I understand that the AHRC may apply for an extension from the OAIC. However, this does not negate the AHRC's responsibility to provide timely updates and act within the framework of the FOI Act.
Processing Expectations
I expect the AHRC to process my request in accordance with the statutory timeframe. If you believe certain categories of documents fall outside the scope or raise significant processing challenges, I expect detailed reasons to be provided, including the specific practical refusal reasons as defined under section 24AA of the FOI Act.
I trust this clarifies my position, and I look forward to receiving your response and the requested documents within the prescribed timeframe.
Yours sincerely,
Nosey
Dear Nosey,
Thank you for your email below.
This email is to advise that our FOI officer (copied) is in the process of
finalising your request, and is currently awaiting response from people
who have been unavailable during the holiday period.
We expect to provide the notice of decision in relation to your FOI
request in the coming days.
Thank you,
Demitra Nikas she/her
Paralegal
Australian Human Rights Commission
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9732
E [1][email address] W [2]humanrights.gov.au
We acknowledge the Traditional Custodians of Country throughout Australia,
and recognise their continuing connection to land, waters and culture. We
pay our respects to their Elders - past, present and future.
[3]National Anti-Racism Framework. A roadmap for an anti-racist Australia.
Click here to find out more. Illustrations by Bree Buttenshaw for
Saltwater People (2024).
The Commission supports flexible working arrangements, and I am sending
this message at a time that is convenient to me and my work schedule. It
is not my expectation that you read, respond, or follow up on this email
outside your hours of work.
Dear Nosey,
Please find attached decision letter in relation to your FOI request.
Thank you,
Demitra Nikas she/her
Paralegal
Australian Human Rights Commission
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9732
E [1][email address] W [2]humanrights.gov.au
We acknowledge the Traditional Custodians of Country throughout Australia,
and recognise their continuing connection to land, waters and culture. We
pay our respects to their Elders - past, present and future.
[3]National Anti-Racism Framework. A roadmap for an anti-racist Australia.
Click here to find out more. Illustrations by Bree Buttenshaw for
Saltwater People (2024).
The Commission supports flexible working arrangements, and I am sending
this message at a time that is convenient to me and my work schedule. It
is not my expectation that you read, respond, or follow up on this email
outside your hours of work.
From: Freedom of Information <[Australian Human Rights Commission request email]>
Sent: Monday, 13 January 2025 5:42 PM
To: noseyrosey <[FOI #12583 email]>
Cc: Anastasia Stomo <[email address]>
Subject: RE: Freedom of Information request - Documents Relating to the
Sharing of DVA Client Information [SEC=OFFICIAL]
Dear Nosey,
Thank you for your email below.
This email is to advise that our FOI officer (copied) is in the process of
finalising your request, and is currently awaiting response from people
who have been unavailable during the holiday period.
We expect to provide the notice of decision in relation to your FOI
request in the coming days.
Thank you,
Demitra Nikas she/her
Paralegal
Australian Human Rights Commission
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9732
E [4][email address] W [5]humanrights.gov.au
We acknowledge the Traditional Custodians of Country throughout Australia,
and recognise their continuing connection to land, waters and culture. We
pay our respects to their Elders - past, present and future.
[6]National Anti-Racism Framework. A roadmap for an anti-racist Australia.
Click here to find out more. Illustrations by Bree Buttenshaw for
Saltwater People (2024).
The Commission supports flexible working arrangements, and I am sending
this message at a time that is convenient to me and my work schedule. It
is not my expectation that you read, respond, or follow up on this email
outside your hours of work.