FOI Request: Access to Data Sharing Agreements and Related Documents
Dear ComSuper,
I, Trent Morrison-Francis, am requesting access to documents under the Freedom of Information Act 1982. Specifically, I am seeking:
All active Memorandum of Understanding, Heads of Agreement, Data Sharing Agreements, and Service Contracts that result in the sharing of veteran data, even if de-identified. I am looking for similar documents for programs and agreements that ceased within the last 10 years or are still active.
I prefer to receive these documents electronically via the Right to Know system by responding to the email through which this request has been sent.
Thank you for your attention to this request. I look forward to your prompt response.
Sincerely,
Trent Morrison-Francis
Our reference: FOI 2023-24
Dear Mr Morrison-Francis,
Freedom of Information request
I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (FOI Act). You FOI request was received by
Commonwealth Superannuation Corporation (CSC) on 31 October, 2023. This
means that a decision on your FOI request is currently due on 30
November, 2023.
Scope of your request
Your FOI request was made in the following terms:
‘All active Memorandum of Understanding, Heads of Agreement, Data Sharing
Agreements, and Service Contracts that result in the sharing of veteran
data, even if de-identified. I am looking for similar documents for
programs and agreements that ceased within the last 10 years or are still
active.’
Timeframes for dealing with your request
Section 15 of the FOI Act requires CSC to process your request no later
than 30 days after the day we receive it. However, section 15(6) of the
FOI Act allows us a further 30 days in situations where we need to consult
with third parties about certain information, such as business documents
or documents affecting their personal privacy. The current decision due
date for your request is 30 November, 2023. We will advise you if this
timeframe is otherwise extended.
Disclosure Log
Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
would be unreasonable to publish.
Best regards,
Adam Ivancic
Parliamentary and Information Release Coordinator
General Counsel Team
Dear Mr Morrison-Francis,
We refer to your email dated 31 October 2023, in which you requested
access to documents held by Commonwealth Superannuation Corporation (CSC)
under the Freedom of Information Act 1982 (the FOI Act). You have
requested access to the following:
I, Trent Morrison-Francis, am requesting access to documents under the
Freedom of Information Act 1982. Specifically, I am seeking: All active
Memorandum of Understanding, Heads of Agreement, Data Sharing Agreements,
and Service Contracts that result in the sharing of veteran data, even if
de-identified. I am looking for similar documents for programs and
agreements that ceased within the last 10 years or are still active.
Intention to refuse request
We are writing to advise you that we intend to refuse your request on the
basis that a practical refusal reason exists. However, before we make a
final decision to do this, you have an opportunity to revise your request
to remove the practical refusal reason. This is called a ‘request
consultation process’. You have 14 days to respond to this notice in one
of the ways set out below.
Power to refuse request
Section 24 of the FOI Act provides that if CSC is satisfied that a
practical refusal reason exists in relation to a request, we must
undertake a consultation process with you, and if, after that consultation
process, we remain satisfied that the practical refusal reason still
exists, we may refuse to give you access to the documents subject to the
request.
Practical refusal
A practical refusal reason exists under section 24AA of the FOI Act if
either (or both) of the following applies:
(1)(a)(i) the work involved in the processing of the request would
substantially and unreasonably divert the resources of the Department from
its other operations
(1)(b) the request does not satisfy the requirement in section 15(2)(b) of
the FOI Act, which requires you to provide such information concerning the
document you are seeking access to, to enable the Department to be able to
identify it.
We consider that the request does not satisfy the requirements of section
15(2)(b) of the FOI Act, and accordingly that practical refusal reasons
exist under section 24AA(1)(b) of the FOI Act.
Reasons for practical refusal
We have considered the scope of this request and its capacity to conduct
searches of relevance based on the current scope. The Freedom of
Information Act 1982 provides a right to obtain access to “a document of
an agency”. It is our preliminary view that your request, in its current
form, does not satisfy the requirement in section 15(2)(b) of the FOI Act
and is therefore not valid. To enable effective searches, the business
areas have asked for clarification on the following parts of your request;
• ‘Similar Documents’
• ‘Data Sharing’
• ‘Veteran Data’.
The FOI Act provides a right to obtain access to “a document of an
agency”. In consideration of the above, we are satisfied that CSC is
currently unable to identify documents of relevance based on the
information provided in scope. We consider that this would result in the
decision maker being unable to certify that all relevant documents have
been provided and considered in the assessment of this request and that a
practical refusal reason exists in relation to this request. As such, we
are satisfied that your request is not valid and a practical refusal
reason exists in this request.
Request Consultation Process
To enable CSC to consider your request for access under the FOI Act, we
will require sufficient information concerning the specific existing
documents you are seeking access to, so as to enable the CSC to identify
those documents. You now have an opportunity to revise your request to
enable it to proceed. To assist with searches, please the clarify
following terms:
• Define ‘Similar Documents’: Explain what criteria or
characteristics make a document ‘similar’ to the ones you've mentioned
(Memorandum of Understanding, Heads of Agreement, Data Sharing Agreements,
and Service Contracts).
• Detail the scope of ‘Data Sharing’: Describe in more detail
what you mean by ‘data sharing’. Specify the types of data, the parties
involved, and the nature of the data sharing agreements.
• Clarify the Term ‘Veteran Data’: Define what you mean by
‘veteran data’ to avoid any uncertainty. Specify the types of data related
to veterans that you are interested in.
Your request is currently not a valid request for the purposes of section
15(2)(b) of the FOI Act. As part of this practical refusal consultation,
you have 14 days to do one of the following:
o withdraw your request;
o make a revised request;
o indicate that you do not wish to revise your request.
If you do not do one of the three things listed above during the
consultation period (14 days) or you do not consult the contact person
listed below during this period, we will take no further action with your
request.
Contact
Should you wish to revise your request or have any questions in relation
to this process, please do not hesitate to contact us.
Best regards,
Adam Ivancic
Parliamentary and Information Release Coordinator
General Counsel Team
From: FOI <[email address]>
Sent: Tuesday, November 7, 2023 9:32 AM
To: Trent Morrison-Francis <[FOI #10818 email]>
Cc: FOI <[email address]>
Subject: RE: FOI 2023-24: Access to Data Sharing Agreements and Related
Documents
Our reference: FOI 2023-24
Dear Mr Morrison-Francis,
Freedom of Information request
I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (FOI Act). You FOI request was received by
Commonwealth Superannuation Corporation (CSC) on 31 October, 2023. This
means that a decision on your FOI request is currently due on 30
November, 2023.
Scope of your request
Your FOI request was made in the following terms:
‘All active Memorandum of Understanding, Heads of Agreement, Data Sharing
Agreements, and Service Contracts that result in the sharing of veteran
data, even if de-identified. I am looking for similar documents for
programs and agreements that ceased within the last 10 years or are still
active.’
Timeframes for dealing with your request
Section 15 of the FOI Act requires CSC to process your request no later
than 30 days after the day we receive it. However, section 15(6) of the
FOI Act allows us a further 30 days in situations where we need to consult
with third parties about certain information, such as business documents
or documents affecting their personal privacy. The current decision due
date for your request is 30 November, 2023. We will advise you if this
timeframe is otherwise extended.
Disclosure Log
Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
would be unreasonable to publish.
Best regards,
Adam Ivancic
Parliamentary and Information Release Coordinator
General Counsel Team
Dear Mr Morrison-Francis,
CSC has reached a decision regarding your FOI request. You can find the decision attached.
We trust this information is of assistance.
Best regards,
Adam Ivancic
Parliamentary and Information Release Coordinator
General Counsel Team
Dear FOI,
Take this request as a request for an internal review under the act.
Please note I am seeing all documents that relate to veterans like me and where you share my data with.
The OAIC had clear guidelines on what data is and I note you even in your own privacy policy state what you claim data is.
I look forward to a response in a timely matter but know based on your conduct we are hearing to an IC review.
Yours sincerely,
Trent Morrison-Francis
Dear Mr Morrison-Francis
We acknowledge your request for an internal review of the FOI decision dated 4 December 2023. CSC will undertake this internal review and provide you with a response by the due date of 4 January 2024.
Best regards,
Adam Ivancic
Parliamentary and Information Release Coordinator
General Counsel Team
Our reference: RQ24/00079
Agency reference: FOI2023-27
Commonwealth Superannuation Corporation
Trent Morrison-Francis
Extension of time under s 54D
Dear Parties,
Please find attached an extension of time decision relating to the above
referenced FOI request.
Regards,
[1][IMG] Hannah Holswilder
Director, Freedom of Information Branch
Office of the Australian Information Commissioner
Adelaide | GPO Box 5288 Sydney NSW 2001
E [2][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[3]Subscribe to Information Matters
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References
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Dear Mr Morrison-Francis,
CSC has reached a decision regarding your FOI request. You can find the
decision attached.
You can access documents released as per the decision by
[1]https://cscsuper.sharefile.com/d-s47a069....
Please be aware that CSC uses a file-sharing service to securely transfer
large files, these files will only be available for download via the link
for 30 days.
We trust this information is of assistance.
Regards
Adam Rapsey
Adam Rapsey
Senior Lawyer, Legal and Compliance
General Counsel Team
Phone: 0262 757 000
CSC: AFSL 238069 ABN 48 882 817 243 RSE L0001397
ADF Super : RSE R1077063
CSS: RSE R1004649
MSBS: RSE R1000306
PSS: RSE R1004595
PSSap: RSE R1004601
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References
Visible links
1. https://cscsuper.sharefile.com/d-s47a069...