FaCS - coercive powers
Dear NSW Department of Family and Community Services,
May I please request the current or most recent FaCS policy or policies, which are not publicly available, that relate to:
1. Ch 15 of the Children and Young Persons Care and Protection Act 1998
2. Coercive powers available to FaCS to use against foster carers not covered by (1)
3. FaCS powers with regards to interviewing foster carers not covered by (1) or (2)
Yours faithfully,
Me
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GIPA application online at:
[1]https://dcj.nsw.gov.au/about-us/gipa/app...
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address it to ‘The Proper Officer, Legal’ and send it to
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can be made:
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Bank Account: Department of Justice Operating Account
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Account number: 201716
If paying by EFT you must quote your name/client's name as a reference
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we will be unable to link your payment to the correct matter.
If you are seeking an update on your GIPA application, please be advised
that we are processing applications as soon as practicable and we regret
any ongoing delays. Updates on individual matters can be provided by the
officer with carriage of your matter once it has been allocated.
If you require information under the GIPA Act sooner than the due date
requested in our acknowledgment email to you, please indicate your reasons
so that we may reallocate resources if possible.
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Requests for preliminary discovery in relation to prospective civil claim
If you are making a general request for access to information in relation
to a prospective civil claim, or requesting preliminary discovery pursuant
to Part 5 of the UCPR, please note that OGIP is unable to provide any
information in response to such a request.
Legislative secrecy provisions may prohibit the disclosure of the
information unless there is a ‘lawful excuse’. A general request is not
sufficient in the absence of a lawful authorisation or obligation to
disclose the information (such as a court order requiring production), and
the Department would be prohibited from disclosure.
Please lodge an application under the GIPA Act to request the information
you seek by visiting our website at:
[4]https://dcj.nsw.gov.au/about-us/gipa/app...,
or alternatively, seek a court order for production (e.g. a subpoena for
production or a court order for preliminary discovery under the UCPR), as
may be appropriate in the circumstances.
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If you are sending a notice of claim, please note that any such notice
sent to this address will not be actioned. Please forward all notices of
claim to the following address to be allocated to the appropriate team:
[5][email address]
Privacy
For Privacy queries, including the Internal Review application form,
relevant information can be found at:
[6]https://www.dcj.nsw.gov.au/statements/pr...
Queries relating to Corrective Services NSW and Youth Justice NSW
To seek incarceration status and/or location of offenders in custody,
please contact Sentence Administration on (02) 8346 1000.
For clinical/medical records of offenders in custody, please contact
Justice Health and Forensic Mental Health Network on (02) 9700 3000.
For NSW Police Force records, please find the contact details of the NSW
Police InfoLink at:
[7]https://www.police.nsw.gov.au/online_ser....
For Chapter 16A requests for Corrective Services NSW information, please
contact the CSNSW Child Protection Coordination and Support Unit at
[8][email address].
Queries relating to Child Protection and Housing
If you are seeking information about your/your client’s placement in the
care of the Minister, please contact the Care Leaver Records Access Unit
at [9][email address] or on (02) 9716 2500.
For Chapter 16A requests for access to child protection-related
information, please contact Information Exchange at
[10][email address].
For repair and maintenance queries of a housing property, please lodge a
GIPA application with the NSW Land and Housing Corporation at
[11][email address].
For complaints about Social Housing, please contact the Housing Contact
Centre at [12][email address].
If you wish to contact a caseworker or otherwise discuss your active case,
please contact the relevant Community Services Centre at:
[13]https://dcj.nsw.gov.au/contact-us/csc.html.
Kind regards
Open Government, Information and Privacy
Legal
Law Reform and Legal Services
Department of Communities and Justice
[14][email address]
[15]www.dcj.nsw.gov.au
Locked Bag 5000
PARRAMATTA NSW 2124
I acknowledge the traditional custodians of the land and pay respects to
Elders past and present. I also acknowledge all the Aboriginal and Torres
Strait Islander staff working with the NSW Government at this time.
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DISCLAIMER: This email message, including any attachments, is intended for
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message are those of the individual sender, and are not necessarily the
views of the Department of Communities and Justice. The Department accepts
no liability for any loss or damage arising from the use of this email or
attachments and recommends that the recipient check this email and any
attached files for the presence of viruses.
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7. https://www.police.nsw.gov.au/online_ser...
8. mailto:[email address]
9. mailto:[email address]
10. mailto:[email address]
11. mailto:[email address]
12. mailto:[email address]
13. https://dcj.nsw.gov.au/contact-us/csc.html
14. mailto:[email address]
15. https://www.dcj.nsw.gov.au/
Good afternoon,
Could you please confirm that this is an access application being lodged
under the Government Information Public Access Act 2009?
Kind regards,
Open Government Information and Privacy Unit
Department of Communities and Justice
T (02) 9716 2662 E [1][email address]
Locked Bag 5000
Parramatta NSW 2124
[3][IMG] [4][IMG] [5][IMG] [6][IMG] [7][IMG]
I acknowledge the traditional custodians of the land and pay respects to
Elders past and present. I also acknowledge all the Aboriginal and Torres
Strait Islander staff working with NSW Government at this time.
Please consider the environment before printing this email.
DISCLAIMER: This email message, including any attachments, is intended for
the individual or entity to whom it is addressed and may contain
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under applicable law. If you have received this email in error you must
not disclose or use the information in it. Please delete the email and any
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or lost by reason of the mistaken delivery to you. Views expressed in this
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From: Me <[FOI #10669 email]>
Sent: Thursday, 7 September 2023 2:16 PM
To: Right to Information Unit <[FACS request email]>
Subject: Government Information (Public Access) request - FaCS - coercive
powers
Dear NSW Department of Family and Community Services, May I please request
the current or most recent FaCS policy or policies, which are not publicly
available, that relate to: 1. Ch 15 of the Children and Young Persons Care
and Protection
Dear NSW Department of Family and Community Services,
May I please request the current or most recent FaCS policy or policies, which are not publicly available, that relate to:
1. Ch 15 of the Children and Young Persons Care and Protection Act 1998
2. Coercive powers available to FaCS to use against foster carers not covered by (1)
3. FaCS powers with regards to interviewing foster carers not covered by (1) or (2)
Yours faithfully,
Me
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[8][FOI #10669 email]
Is [9][FACS request email] the wrong address for Government Information (Public Access) requests to NSW Department of Family and Community Services? If so, please contact us using this form:
[10]https://urldefense.com/v3/__https://www....
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:
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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 and Privacy,
I note you sent 2 replies to my other GIPA application (concerning s 147), although one of those replies relates to this application (coercive powers)
For this application, I will send proof of payment by bank transfer in due course
My full name is Me Me
Yours sincerely,
Me
Department of Communities and Justice | Legal
Locked Bag 5000
Parramatta NSW 2124
[1]www.dcj.nsw.gov.au
Our Ref: GIPA23/3976
Dear Me,
Please find attached the notice of decision relating your formal access
application under the Government Information (Public Access) Act 2009
(GIPA Act).
If you have any questions about the notice of decision, please do not
hesitate to contact me by return email.
Kind regards,
Jordan Creyson
Open Government, Information and Privacy
Law Reform and Legal Services
Department of Communities and Justice
dcj.nsw.gov.au
Locked Bag 5000
Parramatta NSW 2124
LEGAL PROFESSIONAL PRIVILEGE This email may contain legal advice. If so,
it is a privileged communication and should not be forwarded, sent or
distributed, in whole or in part, including any attachments, to any
individual, agency or organisation outside of Community Services without
the express written permission of Legal Services. When placing this email
on file it should be tabbed with a tab marked "Legal Professional
Privilege" to ensure that a claim of privilege is made over this document
in the event the file is subpoenaed.
[2][IMG]
DISCLAIMER: This email message, including any attachments, is intended for
the individual or entity to whom it is addressed and may contain
information that is confidential, privileged and/or exempt from disclosure
under applicable law. If you have received this email in error you must
not disclose or use the information in it. Please delete the email and any
copies and notify the sender. Confidentiality or privilege are not waived
or lost by reason of the mistaken delivery to you. Views expressed in this
message are those of the individual sender, and are not necessarily the
views of the Department of Communities and Justice. The Department accepts
no liability for any loss or damage arising from the use of this email or
attachments and recommends that the recipient check this email and any
attached files for the presence of viruses.
References
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2. https://forms1.facs.nsw.gov.au/register/...
Dear Jordan,
Thanks for your reply.
I am used to FOI in a Commonwealth context. Cth FOI doesn't issue a decision until after any clarifications have occurred. If I understand the GIPA process correctly from your letter, you are asking for me to clarify my application, and assuming it becomes sufficiently clarified, it will become a valid application for which you will issue a new decision, without payment of a second fee?
Regarding Item 2, will it be sufficiently clarified if I define 'coercive powers'? If yes, I am using 'coercive powers' to mean something along the lines of 'FaCS powers to do things that would be illegal and/or unlawful, but for express statutory or general law authority'. For example, FaCS entering premises without a warrant would be trespass, except in the circumstances authorised by the Children and Young Persons (Care and Protection) Act 1998 ('CYPCPA') s 235.
Noting that Item 2 as clarified is intended to cover any coercive powers outside of CYPCPA Ch 15. For example, it would not include law enforcement coercive powers (such as in the Law Enforcement (Powers and Responsibilities) Act 2002), because although those powers can be used against foster carers, those powers are available to police, not FaCS.
Regarding Item 3, may I please change it to 'FaCS powers with regards to meeting with foster carers not covered by Item 1 or Item 2'. 'Meeting' being a broader term, which includes but is not limited to 'interview'.
Item 3 it is intended to cover FaCS' non-coercive powers to meet with foster carers (because coercive powers to interview foster carers are covered by Item 2). For example, when a ROSH report is submitted, FaCS will seek to meet with/interview relevant persons. FaCS may have the coercive power to require a foster carer to attend an interview at a particular place and time, and/or, provide information - I don't know. But if yes, the coercive power is covered by Item 2. In contrast, Item 3 is for non-coercive powers. That is, FaCS' non-public policies about requesting meetings with foster carers (whether in relation to a ROSH, or general check-ins, or about medical issues of foster children, etc.).
Item 3 being intended to answer questions such as: when will FaCS request a meeting? What happens if a meeting is declined or postponed? Who pays any costs (such as travel) associated with a meeting? Can the foster carer(s) bring a support person? Are meetings recorded? Are foster carers entitled to a copy of FaCS' recording/notes from the meeting? Does FaCS try to organise meetings at foster carer's' homes, or at other places? If FaCS appears at a foster carer's home seeking a meeting, and the meeting is not required by a coercive power, can the meeting be refused? Do FaCS tell foster carers this? Are there consequences for refusing a meeting? Etc.
Yours sincerely,
Me
This is an automatically generated reply confirming that your email has been
received by the Open Government, Information and Privacy (OGIP) Unit of the
Department of Communities and Justice (DCJ), Legal. A response will be provided
if your query is not addressed below.
Requests for information
Please note that OGIP can only release information under the Government
Information (Public Access) Act 2009 (GIPA Act), produce documents in
response to a sealed subpoena/summons/order for production (e.g. an order
under Rule 5.3 of the Uniform Civil Procedures Rules 2005 (UCPR)) or an
order under other legislation compelling the production of records, and
respond to access requests for personal/health information under the
Privacy and Personal Information Protection Act 1998 or the Health Records
and Information Privacy Act 2002. Details about how to access information
in other ways are listed below.
If the information you seek is for the purpose of current legal
proceedings, please issue a subpoena/summons/order for production. The
Department is experiencing a high volume of GIPA applications which has
resulted in long wait times for access to information.
If you wish to access information held by the Department, you may lodge a
GIPA application online at:
[1]https://dcj.nsw.gov.au/about-us/gipa/app...
If you are serving a sealed subpoena/summons/order for production, please
address it to ‘The Proper Officer, Legal’ and send it to
[2][email address] along with conduct money of $100.00. Payment
can be made:
· By EFT to:
Bank Account: Department of Communities and Justice
BSB: 032 001
Account number: 169 197
If paying by EFT you must quote your name/client's name as a reference
when making the payment and send proof of payment by email to
[3][email address].
· By debit or credit card
Please advise if you wish to use this option and a unique link will be
emailed to you.
If you are sending a remittance advice, please ensure that you clearly
identify the relevant matter by including our reference number or the full
name of your client (if you are a legal representative). Remittance
advices supplied without identifying information cannot be processed, as
we will be unable to link your payment to the correct matter.
If you are seeking an update on your GIPA application, please be advised
that we are processing applications as soon as practicable and we regret
any ongoing delays. Updates on individual matters can be provided by the
officer with carriage of your matter once it has been allocated.
If you require information under the GIPA Act sooner than the due date
requested in our acknowledgment email to you, please indicate your reasons
so that we may reallocate resources if possible.
If you did not receive an acknowledgment email within 5 business days of
lodging your GIPA application, please provide details of your application
including when and how you lodged it.
Requests for preliminary discovery in relation to prospective civil claim
If you are making a general request for access to information in relation
to a prospective civil claim, or requesting preliminary discovery pursuant
to Part 5 of the UCPR, please note that OGIP is unable to provide any
information in response to such a request.
Legislative secrecy provisions may prohibit the disclosure of the
information unless there is a ‘lawful excuse’. A general request is not
sufficient in the absence of a lawful authorisation or obligation to
disclose the information (such as a court order requiring production), and
the Department would be prohibited from disclosure.
Please lodge an application under the GIPA Act to request the information
you seek by visiting our website at:
[4]https://dcj.nsw.gov.au/about-us/gipa/app...,
or alternatively, seek a court order for production (e.g. a subpoena for
production or a court order for preliminary discovery under the UCPR), as
may be appropriate in the circumstances.
Notices of claim
If you are sending a notice of claim, please note that any such notice
sent to this address will not be actioned. Please forward all notices of
claim to the following address to be allocated to the appropriate team:
[5][email address]
Privacy
For Privacy queries, including the Internal Review application form,
relevant information can be found at:
[6]https://www.dcj.nsw.gov.au/statements/pr...
Queries relating to Corrective Services NSW and Youth Justice NSW
To seek incarceration status and/or location of offenders in custody,
please contact Sentence Administration on (02) 8346 1000.
For clinical/medical records of offenders in custody, please contact
Justice Health and Forensic Mental Health Network on (02) 9700 3000.
For NSW Police Force records, please find the contact details of the NSW
Police InfoLink at:
[7]https://www.police.nsw.gov.au/online_ser...
For Chapter 16A requests for Corrective Services NSW information, please
contact the CSNSW Child Protection Coordination and Support Unit at
[8][email address].
Queries relating to Child Protection and Housing
If you are seeking information about your/your client’s placement in the
care of the Minister, please contact the Care Leaver Records Access Unit
at [9][email address] or on (02) 9716 2500.
For Chapter 16A requests for access to child protection-related
information, please contact Information Exchange at
[10][email address].
For repair and maintenance queries of a housing property, please lodge a
GIPA application with the NSW Land and Housing Corporation at
[11][email address].
For complaints about Social Housing, please contact the Housing Contact
Centre at [12][email address].
If you wish to contact a caseworker or otherwise discuss your active case,
please contact the relevant Community Services Centre at:
[13]https://dcj.nsw.gov.au/contact-us/csc.ht...
Kind regards
Open Government, Information and Privacy
Legal
Law Reform and Legal Services
Department of Communities and Justice
Locked Bag 5000
PARRAMATTA NSW 2124
I acknowledge the traditional custodians of the land and pay respects to
Elders past and present. I also acknowledge all the Aboriginal and Torres
Strait Islander staff working with the NSW Government at this time.
DISCLAIMER: This email message, including any attachments, is intended for
the individual or entity to whom it is addressed and may contain
information that is confidential, privileged and/or exempt from disclosure
under applicable law. If you have received this email in error you must
not disclose or use the information in it. Please delete the email and any
copies and notify the sender. Confidentiality or privilege are not waived
or lost by reason of the mistaken delivery to you. Views expressed in this
message are those of the individual sender, and are not necessarily the
views of the Department of Communities and Justice. The Department accepts
no liability for any loss or damage arising from the use of this email or
attachments and recommends that the recipient check this email and any
attached files for the presence of viruses.
DISCLAIMER: This email message, including any attachments, is intended for
the individual or entity to whom it is addressed and may contain
information that is confidential, privileged and/or exempt from disclosure
under applicable law. If you have received this email in error you must
not disclose or use the information in it. Please delete the email and any
copies and notify the sender. Confidentiality or privilege are not waived
or lost by reason of the mistaken delivery to you. Views expressed in this
message are those of the individual sender, and are not necessarily the
views of the Department of Communities and Justice. The Department accepts
no liability for any loss or damage arising from the use of this email or
attachments and recommends that the recipient check this email and any
attached files for the presence of viruses.
References
Visible links
1. https://dcj.nsw.gov.au/about-us/gipa/app...
2. mailto:[email address]
3. mailto:[email address]
4. https://dcj.nsw.gov.au/about-us/gipa/app...
5. mailto:[email address]
6. https://www.dcj.nsw.gov.au/statements/pr...
7. https://www.police.nsw.gov.au/online_ser...
8. mailto:[email address]
9. mailto:[email address]
10. mailto:[email address]
11. mailto:[email address]
12. mailto:[email address]
13. https://dcj.nsw.gov.au/contact-us/csc.html
Dear Me,
Yes, upon the scope of the your application being sufficiently clarified,
it will become a valid application which the Department will issue a
decision without payment of a second fee.
Thank you for the additional details, however I remain of the view that
you have not provided sufficient details in relation to points 2 and 3 and
at this stage the application remains invalid.
Section 41 of the GIPA Act specifies that for an application to be valid,
it must include such information as is reasonably necessary to enable the
government information applied for to be identified.
The information holdings of the department are vast and without further
specifics about the “coercive powers outside of CYPCPA Ch 15” the
Department is unable to conduct a search of our databases that would
enable us to identify the correct information. The Department is unable to
conduct searches for information based on deduction, inference or
calculation from information held by the Department.
Please consider amending your request regarding “coercive powers” and “non
coercive powers” to reference sections of the Care Act or specific topics
that would enable the Department to conduct searches of its information
holdings.
Kind regards,
Jordan Creyson
Open Government, Information and Privacy
Law Reform and Legal Services
Department of Communities and Justice
dcj.nsw.gov.au
Locked Bag 5000
Parramatta NSW 2124
LEGAL PROFESSIONAL PRIVILEGE This email may contain legal advice. If so,
it is a privileged communication and should not be forwarded, sent or
distributed, in whole or in part, including any attachments, to any
individual, agency or organisation outside of Community Services without
the express written permission of Legal Services. When placing this email
on file it should be tabbed with a tab marked "Legal Professional
Privilege" to ensure that a claim of privilege is made over this document
in the event the file is subpoenaed.
[1][IMG]
From: Me <[2][FOI #10669 email]>
Sent: Wednesday, 31 January 2024 4:10 PM
To: Information and Privacy <[3][email address]>
Subject: Re: GIPA23/3976 - ME Me - Formal GIPA Access Application
Dear Jordan, Thanks for your reply. I am used to FOI in a Commonwealth
context. Cth FOI doesn't issue a decision until after any clarifications
have occurred. If I understand the GIPA process correctly from your
letter, you are asking for me
Dear Jordan,
Thanks for your reply.
I am used to FOI in a Commonwealth context. Cth FOI doesn't issue a decision until after any clarifications have occurred. If I understand the GIPA process correctly from your letter, you are asking for me to clarify my application, and assuming it becomes sufficiently clarified, it will become a valid application for which you will issue a new decision, without payment of a second fee?
Regarding Item 2, will it be sufficiently clarified if I define 'coercive powers'? If yes, I am using 'coercive powers' to mean something along the lines of 'FaCS powers to do things that would be illegal and/or unlawful, but for express statutory or general law authority'. For example, FaCS entering premises without a warrant would be trespass, except in the circumstances authorised by the Children and Young Persons (Care and Protection) Act 1998 ('CYPCPA') s 235.
Noting that Item 2 as clarified is intended to cover any coercive powers outside of CYPCPA Ch 15. For example, it would not include law enforcement coercive powers (such as in the Law Enforcement (Powers and Responsibilities) Act 2002), because although those powers can be used against foster carers, those powers are available to police, not FaCS.
Regarding Item 3, may I please change it to 'FaCS powers with regards to meeting with foster carers not covered by Item 1 or Item 2'. 'Meeting' being a broader term, which includes but is not limited to 'interview'.
Item 3 it is intended to cover FaCS' non-coercive powers to meet with foster carers (because coercive powers to interview foster carers are covered by Item 2). For example, when a ROSH report is submitted, FaCS will seek to meet with/interview relevant persons. FaCS may have the coercive power to require a foster carer to attend an interview at a particular place and time, and/or, provide information - I don't know. But if yes, the coercive power is covered by Item 2. In contrast, Item 3 is for non-coercive powers. That is, FaCS' non-public policies about requesting meetings with foster carers (whether in relation to a ROSH, or general check-ins, or about medical issues of foster children, etc.).
Item 3 being intended to answer questions such as: when will FaCS request a meeting? What happens if a meeting is declined or postponed? Who pays any costs (such as travel) associated with a meeting? Can the foster carer(s) bring a support person? Are meetings recorded? Are foster carers entitled to a copy of FaCS' recording/notes from the meeting? Does FaCS try to organise meetings at foster carer's' homes, or at other places? If FaCS appears at a foster carer's home seeking a meeting, and the meeting is not required by a coercive power, can the meeting be refused? Do FaCS tell foster carers this? Are there consequences for refusing a meeting? Etc.
Yours sincerely,
Me
Dear Jordan,
Thanks for your reply
I understand it's easier if I can ask for a specific thing. However, this creates the usual Catch 22 - I don't have the information to make a narrower request, so I ask FaCS for the information, and FaCS says they can't provide the information unless I make a narrower request. Which is to say, I can't do what you're asking without more information, and FaCS hold that information.
That being the case, I am open to your advice as to how I should frame my request. I am willing to assume your advice benefits from information I don't have access to.
Further:
- While FaCS' holdings are 'vast', I have limited the scope (?). There's no need to trawl through emails or other records that are not centrally maintained. The scope only covers enterprise-wide documents - internal policies, and perhaps training materials about coercive powers.
- Can you provide a list of all legislation administered by FaCS? Then I might be able to provide a list of relevant sections
- Is this a terminology issue? If FaCS uses something different to 'coercive powers' that means functionally the same thing, is it sufficient to change the scope to FaCS' terminology?
- I would submit 'coercive powers' is a 'specific topic', especially given it is only relating to foster carers. It would presumably meet my request to provide a copy of all internal policies/guidelines/procedures relating to foster carer compliance/integrity/complaints. Is that sufficiently narrow?
- You said 'The Department is unable to conduct searches for information based on deduction, inference or calculation from information held by the Department'. Is there an authority for this position?
Altogether, I am happy to narrow the scope further, please provide the information/advice needed for me to do so
Yours sincerely,
Me
Dear Me,
Thank you for providing the additional information. I have considered your
emails dated 31 January and 7 February 2024 and I understand that you are
seeking access to the following information:
The current or most recent FaCS policy or policies, which are not publicly
available, that relate to:
1. Ch 15 of the Children and Young Persons Care and Protection Act
1998
2. Foster carer compliance, integrity or complaints;
3. Meeting with foster carers whether in relation to responding to
ROSH, general check-ins, home visiting children in out-of-home care, and/
or about medical issues of foster children, etc that are not covered by
item 2.
Could you please indicate whether this is a correct summary of your access
application and whether you consent to the scope being amended as above?
Kind regards,
Jordan Creyson
Open Government, Information and Privacy
Law Reform and Legal Services
Department of Communities and Justice
dcj.nsw.gov.au
Locked Bag 5000
Parramatta NSW 2124
LEGAL PROFESSIONAL PRIVILEGE This email may contain legal advice. If so,
it is a privileged communication and should not be forwarded, sent or
distributed, in whole or in part, including any attachments, to any
individual, agency or organisation outside of Community Services without
the express written permission of Legal Services. When placing this email
on file it should be tabbed with a tab marked "Legal Professional
Privilege" to ensure that a claim of privilege is made over this document
in the event the file is subpoenaed.
[1][IMG]
From: Me <[2][FOI #10669 email]>
Sent: Wednesday, 7 February 2024 10:40 AM
To: Information and Privacy <[3][email address]>
Subject: Re: FW: FW: GIPA23/3976 - ME Me - Formal GIPA Access Application
Dear Jordan, Thanks for your reply I understand it's easier if I can ask
for a specific thing. However, this creates the usual Catch 22 - I don't
have the information to make a narrower request, so I ask FaCS for the
information, and FaCS says
Dear Jordan,
Thanks for your reply
I understand it's easier if I can ask for a specific thing. However, this creates the usual Catch 22 - I don't have the information to make a narrower request, so I ask FaCS for the information, and FaCS says they can't provide the information unless I make a narrower request. Which is to say, I can't do what you're asking without more information, and FaCS hold that information.
That being the case, I am open to your advice as to how I should frame my request. I am willing to assume your advice benefits from information I don't have access to.
Further:
- While FaCS' holdings are 'vast', I have limited the scope (?). There's no need to trawl through emails or other records that are not centrally maintained. The scope only covers enterprise-wide documents - internal policies, and perhaps training materials about coercive powers.
- Can you provide a list of all legislation administered by FaCS? Then I might be able to provide a list of relevant sections
- Is this a terminology issue? If FaCS uses something different to 'coercive powers' that means functionally the same thing, is it sufficient to change the scope to FaCS' terminology?
- I would submit 'coercive powers' is a 'specific topic', especially given it is only relating to foster carers. It would presumably meet my request to provide a copy of all internal policies/guidelines/procedures relating to foster carer compliance/integrity/complaints. Is that sufficiently narrow?
- You said 'The Department is unable to conduct searches for information based on deduction, inference or calculation from information held by the Department'. Is there an authority for this position?
Altogether, I am happy to narrow the scope further, please provide the information/advice needed for me to do so
Yours sincerely,
Me
Dear Jordan,
Thanks for your suggested scope
My only query is because I don't know the definition of 'out of home care'. Does that mean where a foster child is with foster carers - they are in a foster home, but out of their original home? Or does out of home care mean care that is not with foster carers - group homes and the like? I am interested in both.
Also, the scope is intended to cover meetings by FaCS and by entities on behalf of FaCS. It may be that there is a policy for FaCS meetings, and a different policy for meetings conducted by foster care agencies.
So I agree to my scope being:
"The current or most recent FaCS policy or policies, which are not publicly
available, that relate to:
1. Ch 15 of the Children and Young Persons Care and Protection Act
1998; and,
2. Foster carer compliance, integrity or complaints; and,
3. FaCS and foster care agencies, and/or their agents, meeting with foster carers whether in relation to responding to ROSH, general check-ins, home visiting children in out-of-home care, otherwise attending a foster carer's private residence, and/or about medical issues of foster children, etc that are not covered by item 2."
Yours sincerely,
Me
Department of Communities and Justice | Legal
Locked Bag 5000
Parramatta NSW 2124
[1]www.dcj.nsw.gov.au
Our Ref: 24/09436
Our Ref: GIPA24/620
Your Ref: CW-741662
Dear Me,
Thanks for your reply. I refer to ‘out-home-care’ as defined by s. 135 of the Care Act.
Acknowledgment of your GIPA Access Application
Your valid application for access to information under the Government
Information (Public Access) Act 2009 (GIPA Act) has been received by the
Department of Communities and Justice (the Department).
GIPA Application Number: GIPA23/3976
Your client: ME Me
Date Received: 16/02/2024
Due Date:
The due date for the decision is 15/03/2024, which is 20 working days from
the date of receipt of your valid application, excluding public holidays.
We may require additional time but will complete your request as soon as
possible and thank you for your patience.
Please note that the due date may be extended where the department is
required to consult third parties or retrieve documents from archives. We
will advise you if this happens.
If we do not make a decision by the due date, your application is deemed
to have been refused under the GIPA Act; however, we will continue to
process your application unless you tell us otherwise. Thank you for your
understanding.
Application fees received: $30.00
Please note:
1. Records from other agencies (such as Justice Health and NSW Police
Force records) may form part of the department’s records. This
information will not be considered for release unless expressly
requested. You may also make a separate access application to those
agencies.
2. If you seek the personal information of third parties or the names of
correctional officers please advise us within five (5) business days
otherwise the information may be removed from the documents identified
for release.
3. Duplicates of records contained on the same file will not be
considered within the scope of your application.
4. Please note your application may attract a processing charge of $30
per hour in accordance with section 64(1) of the GIPA Act. If
processing charges apply, you will be notified of the estimated cost.
A discount may apply on processing charges for the application with
evidence of hardship or special public interest.
Your review rights are summarised in the enclosed factsheet.
If you have any enquiries in relation to this matter, please contact me at
[2][email address].
Kind Regards,
Jordan Creyson
Open Government, Information and Privacy
Law Reform and Legal Services
Department of Communities and Justice
dcj.nsw.gov.au
Locked Bag 5000
Parramatta NSW 2124
LEGAL PROFESSIONAL PRIVILEGE This email may contain legal advice. If so,
it is a privileged communication and should not be forwarded, sent or
distributed, in whole or in part, including any attachments, to any
individual, agency or organisation outside of Community Services without
the express written permission of Legal Services. When placing this email
on file it should be tabbed with a tab marked "Legal Professional
Privilege" to ensure that a claim of privilege is made over this document
in the event the file is subpoenaed.
[3][IMG]
From: Me <[FOI #10669 email]>
Sent: Friday, 16 February 2024 8:02 PM
To: Information and Privacy <[email address]>
Subject: Re: FW: FW: FW: GIPA23/3976 - ME Me - Formal GIPA Access
Application
Dear Jordan, Thanks for your suggested scope My only query is because I
don't know the definition of 'out of home care'. Does that mean where a
foster child is with foster carers - they are in a foster home, but out of
their original home?
Dear Jordan,
Thanks for your suggested scope
My only query is because I don't know the definition of 'out of home care'. Does that mean where a foster child is with foster carers - they are in a foster home, but out of their original home? Or does out of home care mean care that is not with foster carers - group homes and the like? I am interested in both.
Also, the scope is intended to cover meetings by FaCS and by entities on behalf of FaCS. It may be that there is a policy for FaCS meetings, and a different policy for meetings conducted by foster care agencies.
So I agree to my scope being:
"The current or most recent FaCS policy or policies, which are not publicly
available, that relate to:
1. Ch 15 of the Children and Young Persons Care and Protection Act
1998; and,
2. Foster carer compliance, integrity or complaints; and,
3. FaCS and foster care agencies, and/or their agents, meeting with foster carers whether in relation to responding to ROSH, general check-ins, home visiting children in out-of-home care, otherwise attending a foster carer's private residence, and/or about medical issues of foster children, etc that are not covered by item 2."
Yours sincerely,
Me
Department of Communities and Justice | Legal
Locked Bag 5000
Parramatta NSW 2124
[1]www.dcj.nsw.gov.au
Our Ref: 24/09436
Our Ref: GIPA24/620
Dear Me,
I am writing to provide an update as to the progress of this application.
As a result of the searches conducted in this matter, we have identified
other business units that may hold records falling within the scope of
your application. I am awaiting the outcomes of these additional searches.
As a result, I seeking your consent for an extension of the due date to
29 March 2024.
I apologise for the delay in this matter.
Kind regards,
Jordan Creyson
Open Government, Information and Privacy
Law Reform and Legal Services
Department of Communities and Justice
dcj.nsw.gov.au
Locked Bag 5000
Parramatta NSW 2124
LEGAL PROFESSIONAL PRIVILEGE This email may contain legal advice. If so,
it is a privileged communication and should not be forwarded, sent or
distributed, in whole or in part, including any attachments, to any
individual, agency or organisation outside of Community Services without
the express written permission of Legal Services. When placing this email
on file it should be tabbed with a tab marked "Legal Professional
Privilege" to ensure that a claim of privilege is made over this document
in the event the file is subpoenaed.
[2][IMG]
From: Information and Privacy
Sent: Friday, 23 February 2024 4:51 PM
To: 'Me' <[FOI #10669 email]>
Subject: RE: FW: FW: FW: GIPA23/3976 - ME Me - Formal GIPA Access
Application
Department of Communities and Justice | Legal
Locked Bag 5000
Parramatta NSW 2124
[3]www.dcj.nsw.gov.au
Our Ref: 24/09436
Our Ref: GIPA24/620
Your Ref: CW-741662
Dear Me,
Thanks for your reply. I refer to ‘out-home-care’ as defined by s. 135 of the Care Act.
Acknowledgment of your GIPA Access Application
Your valid application for access to information under the Government
Information (Public Access) Act 2009 (GIPA Act) has been received by the
Department of Communities and Justice (the Department).
GIPA Application Number: GIPA23/3976
Your client: ME Me
Date Received: 16/02/2024
Due Date:
The due date for the decision is 15/03/2024, which is 20 working days from
the date of receipt of your valid application, excluding public holidays.
We may require additional time but will complete your request as soon as
possible and thank you for your patience.
Please note that the due date may be extended where the department is
required to consult third parties or retrieve documents from archives. We
will advise you if this happens.
If we do not make a decision by the due date, your application is deemed
to have been refused under the GIPA Act; however, we will continue to
process your application unless you tell us otherwise. Thank you for your
understanding.
Application fees received: $30.00
Please note:
1. Records from other agencies (such as Justice Health and NSW Police
Force records) may form part of the department’s records. This
information will not be considered for release unless expressly
requested. You may also make a separate access application to those
agencies.
2. If you seek the personal information of third parties or the names of
correctional officers please advise us within five (5) business days
otherwise the information may be removed from the documents identified
for release.
3. Duplicates of records contained on the same file will not be
considered within the scope of your application.
4. Please note your application may attract a processing charge of $30
per hour in accordance with section 64(1) of the GIPA Act. If
processing charges apply, you will be notified of the estimated cost.
A discount may apply on processing charges for the application with
evidence of hardship or special public interest.
Your review rights are summarised in the enclosed factsheet.
If you have any enquiries in relation to this matter, please contact me at
[4][email address].
Kind Regards,
Jordan Creyson
Open Government, Information and Privacy
Law Reform and Legal Services
Department of Communities and Justice
dcj.nsw.gov.au
Locked Bag 5000
Parramatta NSW 2124
LEGAL PROFESSIONAL PRIVILEGE This email may contain legal advice. If so,
it is a privileged communication and should not be forwarded, sent or
distributed, in whole or in part, including any attachments, to any
individual, agency or organisation outside of Community Services without
the express written permission of Legal Services. When placing this email
on file it should be tabbed with a tab marked "Legal Professional
Privilege" to ensure that a claim of privilege is made over this document
in the event the file is subpoenaed.
[5][IMG]
From: Me <[6][FOI #10669 email]>
Sent: Friday, 16 February 2024 8:02 PM
To: Information and Privacy <[7][email address]>
Subject: Re: FW: FW: FW: GIPA23/3976 - ME Me - Formal GIPA Access
Application
Dear Jordan, Thanks for your suggested scope My only query is because I
don't know the definition of 'out of home care'. Does that mean where a
foster child is with foster carers - they are in a foster home, but out of
their original home?
Dear Jordan,
Thanks for your suggested scope
My only query is because I don't know the definition of 'out of home care'. Does that mean where a foster child is with foster carers - they are in a foster home, but out of their original home? Or does out of home care mean care that is not with foster carers - group homes and the like? I am interested in both.
Also, the scope is intended to cover meetings by FaCS and by entities on behalf of FaCS. It may be that there is a policy for FaCS meetings, and a different policy for meetings conducted by foster care agencies.
So I agree to my scope being:
"The current or most recent FaCS policy or policies, which are not publicly
available, that relate to:
1. Ch 15 of the Children and Young Persons Care and Protection Act
1998; and,
2. Foster carer compliance, integrity or complaints; and,
3. FaCS and foster care agencies, and/or their agents, meeting with foster carers whether in relation to responding to ROSH, general check-ins, home visiting children in out-of-home care, otherwise attending a foster carer's private residence, and/or about medical issues of foster children, etc that are not covered by item 2."
Yours sincerely,
Me
Dear Jordan,
Do it once do it right is much preferable
I am happy to grant an extension to Thursday 28 March 2024 (unless you’d like to work Good Friday!)
Yours sincerely,
Me
Department of Communities and Justice | Legal
Locked Bag 5000
Parramatta NSW 2124
[1]www.dcj.nsw.gov.au
Our Ref: 24/09436
Our Ref: GIPA24/620
Dear Me,
Formal Access Application
I refer to your Formal Access Application under the Government Information
(Public Access) Act 2009 (the GIPA Act) which was received by the
Department of Communities and Justice (the department).
I apologise for the delay in processing your application and any
inconvenience this may have caused.
Please find attached the determination made in this matter.
Kind regards,
Jordan Creyson
Open Government, Information and Privacy
Law Reform and Legal Services
Department of Communities and Justice
Locked Bag 5000
Parramatta NSW 2124
Working days: Monday, Tuesday, Thursday and Friday
LEGAL PROFESSIONAL PRIVILEGE This email may contain legal advice. If so,
it is a privileged communication and should not be forwarded, sent or
distributed, in whole or in part, including any attachments, to any
individual, agency or organisation outside of Community Services without
the express written permission of Legal Services. When placing this email
on file it should be tabbed with a tab marked "Legal Professional
Privilege" to ensure that a claim of privilege is made over this document
in the event the file is subpoenaed.
[2][IMG]
DISCLAIMER: This email message, including any attachments, is intended for
the individual or entity to whom it is addressed and may contain
information that is confidential, privileged and/or exempt from disclosure
under applicable law. If you have received this email in error you must
not disclose or use the information in it. Please delete the email and any
copies and notify the sender. Confidentiality or privilege are not waived
or lost by reason of the mistaken delivery to you. Views expressed in this
message are those of the individual sender, and are not necessarily the
views of the Department of Communities and Justice. The Department accepts
no liability for any loss or damage arising from the use of this email or
attachments and recommends that the recipient check this email and any
attached files for the presence of viruses.
References
Visible links
1. http://www.dcj.nsw.gov.au/
2. https://forms1.facs.nsw.gov.au/register/...
Dear Information and Privacy,
Thanks. This is pretty good. Not the flagrant attempt to redact everything I get from the Commonwealth!
Two things
First, it refers to the ‘carer reviews practice mandate’ (for example, page 58). Is that included in this disclosure? If not, is it publicly available? If not, my understanding is attachments and referred documents in a document in scope are also meant to be in scope?
Second, I thought internal email addresses etc. was a standard exclusion (as in, you say it’s considered outside scope unless an applicant objects). Could be worth putting in your auto-reply
Yours sincerely,
Me