Estimates Briefing Book
Verity Pane made this Freedom of Information request to Department of Veterans' Affairs
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Department of Veterans' Affairs,
I seek copy of the Secretary's Estimates briefings (often referred to as the Estimates book) for the Estimates appearances in June 2021 and October 2021
These are the documents the Department prepares for the Secretary to read and take with her, to refer to if necessary, during her Estimates appearances.
Yours faithfully,
Verity Pane
Dear Ms Pane,
I refer to your request, received by the Department of Veterans’ Affairs
(the department) on 9 February 2022, for access under the Freedom of
Information Act 1982 (FOI Act) to the following:
I seek copy of the Secretary's Estimates briefings (often referred to as
the Estimates book) for the Estimates appearances in June 2021 and October
2021
These are the documents the Department prepares for the Secretary to read
and take with her, to refer to if necessary, during her Estimates
appearances.
Your request was received by the department on 9 February 2022 and the 30
day statutory period for processing your request commenced from the day
after that date. The period of 30 days may be extended if we need to
consult third parties or for other reasons permitted under the FOI Act. We
will advise you if this happens.
Charges
The department will advise you if a charge is payable to process your
request and the amount of any such 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 that we can send
notices to. You have advised your electronic address is
[1][FOI #8391 email]. Unless you tell us
otherwise, we will send all notices and correspondence to this address.
Disclosure log
Information released under the FOI Act may be published on a disclosure
log on our website, subject to certain exceptions. These exceptions
include where publication of personal, business, professional or
commercial information would be unreasonable.
Exclusion of employee details
To the extent the department has documents in its possession that fall
within the scope of your request, we will treat the names, signatures,
position titles and direct contact details of Commonwealth employees as
irrelevant in accordance with section 22 of the FOI Act, unless you tell
us otherwise by 17 February 2022.
Further assistance
If you have any questions about your request, please email
[email address].
Kind regards,
Andrew (Position Number 62329538)
Information Access Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
e [2][email address]
References
Visible links
1. mailto:[FOI #8391 email]
2. mailto:[email address]
Dear Ms Pane,
Please find attached correspondence of even date.
If you have any questions about this correspondence, please email
[1][email address].
Kind regards,
Andrew (Position Number 62329538)
Information Access Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
e [2][email address]
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
Dear INFORMATION.LAW,
You claim that for the two senate estimate sessions in question, there are "1,385 pages are comprised of 135 documents" of briefs that the Secretary used/took to those appearances.
Did she take them in a wheelbarrow? Or it is much more likely that you have grossly exaggerated the real number of documents in scope, because no senior executive could ever have that many voluminous briefs for their use at Senate Estimates (it would impracticable).
More fraud to create an artificial barrier for access than a legitimate reflection of reality.
As to the other issues you raise about requiring extensive third party consultations with individuals litigating against DVA, along with a ridiculous claim as also requiring seperate consultations with every family member of theirs (not party to the litigation), that would be privileged material you would claim exemption on anyway.
As I didn't request identifying personal information of private individuals, including litigants in legal action against DVA, that would be an agreed variation of irrelevant material - Names and other identifying information of private individuals, other than corporate or public officials carrying out their official functions, is exempt under s 22.
Having made the variation, the request consultation period has concluded as of today.
Yours sincerely,
Verity Pane
Dear INFORMATION.LAW,
I also do not exempt "the names... position titles ... of Commonwealth employees as
irrelevant".
Yours sincerely,
Verity Pane
Dear Verity Pane,
Please find attached correspondence of even date.
Regards
Chantal (Position Number 62212962)
Information Access Officer
Information Access Unit
Department of Veterans’ Affairs
e [1][email address]
References
Visible links
1. mailto:[email address]
Dear INFORMATION.LAW,
I seek internal review on LEX 47876.
The original decision maker refused in full the FOI application because she claimed 'that it would take in excess of 100 hours of processing time to process your request'.
This is despite all personal information being irrelevant and not required to be considered for release.
This is yet another inflated and exaggerated estimate from DVA that is nothing more than a deliberate barrier contrary to the objects of the FOI Act.
Verity Pane
Good Afternoon Verity
Can you please confirm the LEX that you are requesting the internal review be undertaken on.
Kind regards
Natalie (Position number 62214719)
Team Leader – Registrations
Information Access Unit
Department of Veterans’ Affairs
t 1800 838 372 | e [DVA request email] | www.dva.gov.au
p GPO Box 9998, Canberra ACT 2601
Please consider the environment before printing this email
IMPORTANT: This document contains legal advice and may be subject to legal professional privilege. Unless it is waived or lost, legal professional privilege is a rule of law that, in part, provides that the client need not disclose confidential communications between a legal practitioner and client. To keep this privilege, the purpose and content of this advice must only be disclosed to persons who have a need to know and on the basis that those persons also keep it confidential.
You should consider this advice and take it into account when forming a decision on how best to proceed. If you decide to adopt a position that does not align with this advice, you should not state that DVA Legal Services & Audit Branch has cleared or endorsed a particular position.
-----Original Message-----
From: Verity Pane <[FOI #8391 email]>
Sent: Wednesday, 23 March 2022 3:15 AM
To: INFORMATION.LAW <[email address]>
Subject: Internal review of Freedom of Information request - Estimates Briefing Book
Dear INFORMATION.LAW,
I seek internal review on LEX 47876.
The original decision maker refused in full the FOI application because she claimed 'that it would take in excess of 100 hours of processing time to process your request'.
This is despite all personal information being irrelevant and not required to be considered for release.
This is yet another inflated and exaggerated estimate from DVA that is nothing more than a deliberate barrier contrary to the objects of the FOI Act.
Verity Pane
-----Original Message-----
Dear Ms Pane,
Please find attached correspondence of even date.
If you have any questions about this correspondence, please email
[1][email address].
Kind regards,
Andrew (Position Number 62329538)
Information Access Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
e [2][email address]
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #8391 email]
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:
https://www.righttoknow.org.au/help/offi...
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.
-------------------------------------------------------------------
Dear INFORMATION.LAW,
You have bizarrely asked me to confirm the FOI I seek internal review on is LEX 47876 when my IR request clearly states 'I seek internal review on LEX 47876' and is on the Right to Know webpage for the Department's LEX 47876 decision.
Why have you asked me to confirm what you already know and can even independently check?
As the IR commences from the date the IR request is received, IR decision is due Friday 22 April 2022.
Yours sincerely,
Verity Pane
Dear Verity
The LEX that you are citing (LEX 47876) for this internal review is not a
request made by yourself, whereas we note that LEX 47867 is a request
that you have previously made to the department.
Please confirm you are requesting an internal review of LEX 47867
Regards
Natalie (Position number 62214719)
Team Leader – Registrations
Information Access Unit
Department of Veterans’ Affairs
t 1800 838 372 | e [1][DVA request email] |
[2]www.dva.gov.au
p GPO Box 9998, Canberra ACT 2601
[3]cid:image001.png@01D0027A.1DAB84F0
P Please consider the environment before printing this email
IMPORTANT: This document contains legal advice and may be subject to legal
professional privilege. Unless it is waived or lost, legal professional
privilege is a rule of law that, in part, provides that the client need
not disclose confidential communications between a legal practitioner and
client. To keep this privilege, the purpose and content of this advice
must only be disclosed to persons who have a need to know and on the basis
that those persons also keep it confidential.
You should consider this advice and take it into account when forming a
decision on how best to proceed. If you decide to adopt a position that
does not align with this advice, you should not state that DVA Legal
Services & Audit Branch has cleared or endorsed a particular position.
-----Original Message-----
From: Verity Pane <[4][FOI #8391 email]>
Sent: Saturday, 26 March 2022 2:12 PM
To: INFORMATION.LAW <[5][email address]>
Subject: Re: LEX 47867 - Consultation Notice - section 24AB [SEC=OFFICIAL]
Dear INFORMATION.LAW,
You have bizarrely asked me to confirm the FOI I seek internal review on
is LEX 47876 when my IR request clearly states 'I seek internal review on
LEX 47876' and is on the Right to Know webpage for the Department's LEX
47876 decision.
Why have you asked me to confirm what you already know and can even
independently check?
As the IR commences from the date the IR request is received, IR decision
is due Friday 22 April 2022.
Yours sincerely,
Verity Pane
-----Original Message-----
Dear Ms Pane,
Please find attached correspondence of even date.
If you have any questions about this correspondence, please email
[1][email address].
Kind regards,
Andrew (Position Number 62329538)
Information Access Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
e [2][email address]
References
Visible links
1. [6]mailto:[email address]
2. [7]mailto:[email address]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[8][FOI #8391 email]
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://www.righttoknow.org.au/help/offi...
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.
-------------------------------------------------------------------
References
Visible links
1. mailto:[DVA request email]
2. http://www.dva.gov.au/
4. mailto:[FOI #8391 email]
5. mailto:[email address]
6. mailto:[email
7. mailto:[email
8. mailto:[FOI #8391 email]
9. https://www.righttoknow.org.au/help/offi...
Julie left an annotation ()
This must be the newest game at Veterans Affairs, since you have clearly requested internal review of an FOI refusal decision on the same Right to Know page for that FOI decision, and yet again Veterans Affairs has tried to claim it is not an FOI you have made despite your name clearly being on the FOI request originally made.
This is ridiculous farce from Veterans Affairs and clearly intended to be unethical.
Again, remind the delegate of s 54B of the FOI Act, and that the clock on your internal review has been running since you made it.
Attn INFORMATION.LAW,
Pass this on to the person who conducts Freedom of Information reviews.
On 23 March 2022 I notified the Department, through Right to Know that Internal Review was required of the access refusal decision made by the Department on 21 March 2022 published on the FOI application page that it referred to https://www.righttoknow.org.au/request/e...
A full history of that specific FOI request and all its correspondence is published on the Internet on Right to Know on a discrete page for that FOI at: https://www.righttoknow.org.au/request/e...
Section 54B of the Freedom of Information Act requires only that an application for internal review must be made within writing and within the prescribed period.
As the Department is well aware that the Internal Review related to the FOI located at that page, which contrary to the Department's claims was made by me, the Department is reasonably aware the clock on this Internal Review commenced on 24 March 2022, despite this unethical and dishonest dealing by the Department.
Decision is therefore due Friday 22 April 2022 and as extensions of time do not apply to Internal Reviews, you better stop wasting your own time with these ridiculous games.
Verity Pane
Dear Verity Pane,
Thank you for sending in the request that has now been registered under
reference LEX 49109.
Please accept this as the formal acknowledgement and copies of relevant
documents will be sent to you in due course.
Contacting you about your request
You have advised your electronic address is
[1][FOI #8391 email] . Unless you tell us
otherwise, we will send all notices and correspondence to this address.
If you have any questions, please contact us using the following details:
Post: Information Access Unit,
Client Access and Rehabilitation Branch
GPO Box 9998 BRISBANE QLD 4001
Email: [2][DVA request email]
Yours sincerely,
Aaron (position number 62214261)
Registration Officer
Information Access Unit
Department of Veterans’ Affairs
t 1800 838 372 | e [3][email address] |
[4]www.dva.gov.au
p GPO Box 9998, Canberra ACT 2601
[5]cid:image001.png@01D0027A.1DAB84F0
References
Visible links
1. mailto:[FOI #8391 email]
2. mailto:[DVA request email]
3. mailto:[email address]
4. http://www.dva.gov.au/
Dear Verity Pane,
We refer to the email below dated 19 April 2022 which advised that your
request for internal review was registered LEX 49109. Please disregard,
this is an error. I confirm your application for internal review made on
23 March 2022 is registered LEX 48652. I apologise for any confusion
caused.
In respect to your application for internal review, I note that is refers
to LEX 47876. By your email dated 13 April 2022 you include a link to a
Right to Know matter registered LEX 47867.
On 23 ^ and 28 ^ March 2022 the Department contacted you to clarrify that
you seek a internal review for LEX 47867.
The Department does not appear to have received a response to that request
for clarrification.
I have assumed that your request for internal review seeks internal review
of LEX 47867 and will make an internal review decision on that basis.
Please respond to my email by close of business today, 20 April 2022 to
confirm that you seek an internal review of LEX 47867.
Regards
Joshua
62214764
Information Access Unit
Client Access and Rehabilitation Branch
Department of Veterans’ Affairs
From: INFORMATION.ACCESS <[email address]>
Sent: Tuesday, 19 April 2022 10:21 AM
To: [FOI #8391 email]
Subject: LEX 49109 - Internal Review Request on LEX47867 - Acknowledgement
Letter [SEC=OFFICIAL]
Dear Verity Pane,
Thank you for sending in the request that has now been registered under
reference LEX 49109.
Please accept this as the formal acknowledgement and copies of relevant
documents will be sent to you in due course.
Contacting you about your request
You have advised your electronic address is
[1][FOI #8391 email] . Unless you tell us
otherwise, we will send all notices and correspondence to this address.
If you have any questions, please contact us using the following details:
Post: Information Access Unit,
Client Access and Rehabilitation Branch
GPO Box 9998 BRISBANE QLD 4001
Email: [2][DVA request email]
Yours sincerely,
Aaron (position number 62214261)
Registration Officer
Information Access Unit
Department of Veterans’ Affairs
t 1800 838 372 | e [3][email address] |
[4]www.dva.gov.au
p GPO Box 9998, Canberra ACT 2601
[5]cid:image001.png@01D0027A.1DAB84F0
References
Visible links
1. mailto:[FOI #8391 email]
2. mailto:[DVA request email]
3. mailto:[email address]
4. http://www.dva.gov.au/
Dear Ms Pane,
Please find attached the Statement of Reasons in response to your FOI
Internal Review with the Department of Veterans’ Affairs.
Kind regards,
Joanna (Position Number 62329542)
Information Access Officer
Information Access Unit
Department of Veterans’ Affairs
e [1][email address]
References
Visible links
1. mailto:[email address]
Julie left an annotation ()
The Department of Veterans' Affairs has issued you a practical refusal request.
It appears highly inflated.
For example, it claims:
For some of those individuals, the Department is involved in active litigation with that person. I may need to consult with the Department’s General Counsel Division before undertaking a consultation process, to ensure the consultation is appropriate having regard to all of the circumstances. Assuming at least 10 individuals, their families or next of kin will need to be consulted, I have estimates that minimum time estimated to conduct all required external consults would be 50 hours (being 5 hours per consultation to extract the relevant documents, undertake any internal consultation process required before I undertake the third party consultation, prepare the third party consultation letters and consider responses received from third parties).
It is strange and unreasonable for Veterans to claim it would need to consult with each family member of any claimant (if it was in the context of a legal proceeding, that material would automatically be exempt due to s 42, so why would an agency need to consult with a litigant, let alone their family members).
I would just tell Veterans that personal information of private individuals is irrelevant (s 22) and not required to be considered for release.