Memorandum of Understanding between the ATO and DHS
Dear Australian Taxation Office,
I would like to access the Memorandum of Understanding between the ATO and the Department of Human Services regarding the use of ATO data.
Yours faithfully,
Keith Owen
Dear Mr Owen,
Your Freedom of Information (FOI) Request
I refer to your request dated 8 September 2018 for access to documents
under the Freedom of Information Act 1982 (FOI Act). You sought the
following information:
I would like to access the Memorandum of Understanding between the ATO and
the Department of Human Services regarding the use of ATO data.
I note your FOI request through the Right to Know website to the
Department of Human Services (DHS), also made on 8 September 2018,
seeking:
I would like to access the document "memorandum of understanding" between
the ATO and DHS regarding the use of ATO data for DHS purposes.
On 24 September 2018, in correspondence with DHS, you clarified that the
scope of your request was as follows:
To assist in narrowing the request I provide the following statement.
I seek any Memorandum of Understanding that specifically applies to the
Child Support Program and the Australian Taxation Office.
I seek only current Memorandum of Understandings.
I seek any Memorandum of Understanding that applies to the Child Support
Program:
1. Accessing data of individual clients from the Australian Taxation
Office.
2. Data exchange for the purpose of verifying incomes on a mass basis.
3. When fraud is detected as committed by clients of the Child Support
Program - specifically tax related fraud, and Child Support fraud.
4. When fraud is detected as committed by Child Support Program Employees
using Australian Taxation Office data.
Your request to the ATO is framed in broadly the same terms as your
request to the DHS. I ask you to confirm that your 24 September
clarification around scope as provided to DHS also applies to your FOI
request made to the ATO.
Yours faithfully,
FOI
General Counsel
Australian Taxation Office
Dear FOI,
Thank you for your letter asking me to clarify my request.
I agree to narrow my request to the ATO in the same terms as I have with DHS.
I further state that my requests are made with in the spirit of the Department of the Prime Minister and Cabinet Open Government Initiative. These requests as will a number of other requests that not only I am making but that of a number of other requesters to the ATO and DHS will form a number of case studies to use in a submission to be made to the OGP Forum as an indication of how compliant both Departments are with accessing information in the public interest.
Thank you
Yours sincerely,
Keith Owen