Dear Julie

Acknowledgement of your Freedom of Information (FOI) Request – FOI 36375

I refer to your request for access to documents held by the Department of
Veterans’ Affairs (Department) under the Freedom of Information Act 1982
(Cth) (FOI Act).

Your request was received by the Department on 16 June 2020, and was made
in the following terms:

…The Independent Review of the Implementation of the Recommendations of
the Joint Inquiry into the Management of Jesse Bird’s Case by Emeritus
Professor Robin Creyke was finalised in March 2019, but I cannot find a
copy of that Report anywhere (not even on the Department’s website, where
copy logically should be)…

The Department has 30 days to finalise your request. The 30 day statutory
timeframe commenced the day after your request was received by the
Department.

Ordinarily you should expect a decision from the Department by 16 July
2020.

Interrupted work practices impacted by COVID-19

The Department is continuing to work through its FOI case load as quickly
as possible. However, the Department is and will continue to experience an
interruption in the way it will be able to manage FOI requests.

As you are likely to be aware, COVID-19 (Coronavirus) has been declared a
pandemic by the World Health Organisation. As the Department focuses its
efforts on managing the impact of COVID-19 on its critical services and
employees, other non-critical services may not be delivered within
expected timeframes. It is possible that during this time, business areas
that would ordinarily have capacity to undertake searches and assist in
the processing of FOI requests may not be readily available to provide
that assistance. This may have an impact on the manner and timeframe in
which the Department can process FOI requests.

We apologise for the inconvenience and appreciate your patience and
cooperation during this period.

When the processing period may be extended or suspended

There are times when the timeframe for processing your request might be
extended by an additional 30 days. This can occur where an extension of
time has been agreed to by yourself under section 15AA of the FOI Act or
where the OAIC has granted an extension of time under sections 15AB or
15AC of the FOI Act. In addition, if documents you seek contain
information of third parties and the Department is of the view that is
practical to consult with the third parties, then the Department will be
afforded an additional 30 days to undertake that consolation process (see
sections 15(6), 26A, 27 and 27A of the FOI Act).

The Department will advise you if a third party consultation process is
required and of the revised due date for your request to be finalised by.

Additionally, there are occasions where the time to process your request
may be suspended. This will usually take place if a practical refusal
consultation process takes place (section 24AB of the FOI Act). As you are
seeking access to your own personal information, charges will not apply.
However, if a practical refusal consultation process is required, the
Department will notify you.

Communication with you

The FOI Act requires that you provide us with an address which we can send
notices to. You have advised your electronic address is
[1][FOI #6404 email]. We will send all notices
and correspondence to this address. Please advise us if you wish
correspondence to be sent to another address or if your address changes.
If you do not advise us of changes to your address, correspondence and
notices will continue to be sent to the address specified above.

FOI Disclosure log – Publication of documents released under the FOI Act

Please note that information released under the FOI Act may be published
in a disclosure log on the Department’s website at
[2]https://www.dva.gov.au/about-us/overview....
Section 11C of the FOI Act requires this publication, however it is
subject to certain exceptions, including where publication of personal,
business, professional or commercial information would be unreasonable.

When a decision is provided to you, the Department will advise if the
documents released to you will be published on the Department’s FOI
Disclosure log.

Contacting us about your FOI request

We will email again when the Department has more information. Should you
have any enquiries concerning this matter, please send an email to
[3][email address]

Further information on FOI processing can be found at the website of the
OAIC at [4]https://www.oaic.gov.au/freedom-of-infor....

Yours sincerely

Molly (Position Number 62213164)

Legal Officer

Information Law Section

Legal Services and Audit Branch

Department of Veterans’ Affairs

T: 1800 555 254 | E: [5][email address] | W: [6]www.dva.gov.au

[7]cid:image001.png@01D0027A.1DAB84F0h

P Please consider the environment before printing this email

[8]cid:image001.png@01D32593.9CC39540The Department acknowledges the
Traditional Owners of the land throughout Australia and their continuing
connection to country, sea and community. We pay our respect to all
Aboriginal and Torres Strait Islander peoples, their cultures and to their
elders past and present.

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Dear Julie

I refer to your FOI request dated 16 June 2020. Your request was made in the following terms:

…The Independent Review of the Implementation of the Recommendations of the Joint Inquiry into the Management of Jesse Bird’s Case by Emeritus Professor Robin Creyke was finalised in March 2019, but I cannot find a copy of that Report anywhere (not even on the Department’s website, where copy logically should be)…

I confirm that the above-mentioned report has been published at the following address: https://www.dva.gov.au/about-us/overview...

You will note that the report contains some redactions on the basis that it contains personal information of individuals that the Department considers unreasonable to disclose publicly.

Noting that the report has now been made publically available we ask that you consider withdrawing your FOI request.

Please provide your response confirming whether you agree to withdraw your request by COB 15 July 2020.

Thank you.

Kind regards,

Molly (Position Number 62213164)
Legal Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
t 1800 555 254 | e [email address] | www.dva.gov.au

Please consider the environment before printing this email
The Department acknowledges the Traditional Owners of the land throughout Australia and their continuing connection to country, sea and community. We pay our respect to all Aboriginal and Torres Strait Islander peoples, their cultures and to their elders past and present.

show quoted sections

Dear Julie

I note that I have not received a response to my below email which provided you with a copy of the report as is now publically available.

Could you please confirm by COB today whether you agree to withdraw your FOI request, noting that an access decision is due today.

If I do not receive a response from you by COB today, the Department may have to approach the Office of the Australian Information Commissioner for an extension of time to allow a decision to be made on access.

Thank you.

Kind regards,

Molly (Position Number 62213164)
Legal Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
t 1800 555 254 | e [email address] | www.dva.gov.au
p GPO Box 9998, Canberra ACT 2601

Please consider the environment before printing this email
The Department acknowledges the Traditional Owners of the land throughout Australia and their continuing connection to country, sea and community. We pay our respect to all Aboriginal and Torres Strait Islander peoples, their cultures and to their elders past and present.

show quoted sections