Reliance Framework - MS Access database describing labels on Commonwealth forms
Dear Department of Human Services,
The document 'Analysis Approach - Department of Finance and Deregulation - Reliance Framework - 2 September 2011' (available at http://www.finance.gov.au/sites/default/...) refers at page 2 to:
'A relational database, using MS Access, was built for data entry.'
This database was populated with lists of forms and the labels on those forms, with a view to identifying common labels which could be de-duplicated.
The Department of Finance advised me on 13 May 2016 that the function with which this document is associated was moved to your Department in 2013 (correspondence from Finance available online at: https://www.righttoknow.org.au/request/r...).
Please provide that MS Access database.
Yours faithfully,
Patrick Conheady
Dear Mr Conheady
Please see attached correspondence in relation to your recent FOI request.
Kind Regards,
Authorised Decision Maker
FOI Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
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Dear Mr Conheady
Please find attached correspondence in relation to your Freedom of
Information request (LEX 19340).
Regards
FOI Practitioner
FOI Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
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Dear FOI Practitioner,
The FOI Act requires that documents held by an external contractor carrying out functions on behalf of an agency must be accessible under FOI: s 6C.
Could you please explain to me whether and how these provisions have been complied with in this case?
Yours sincerely,
Patrick Conheady
Dear Mr Conheady,
Subsection 6C(1) of the FOI Act states (my emphasis):
(1) This section applies to an agency if a service is,
or is to be, provided under a Commonwealth contract in connection with the
performance of the functions or the exercise of the powers of the agency.
The term ‘Commonwealth contract’ is defined in section 4 of the FOI Act as
follows:
Commonwealth contract means a contract to which all of the following
apply:
(a) the Commonwealth, Norfolk Island or an
agency is, or was, a party to the contract;
(b) under the contract, services are, or
were, to be provided:
(i) by another party; and
(ii) for or on behalf of an
agency; and
(iii) to a person who is not the
Commonwealth, Norfolk Island or an agency;
(c) the services are in connection with the
performance of the functions, or the exercise of the powers, of an agency.
The external consultancy firm was not providing services ‘to a person who
is not the Commonwealth’. Therefore the provisions of section 6C do not
apply.
Kind regards,
FOI Practitioner
FOI Legal Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
Email: [1][email address]
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professional privilege or information that is otherwise sensitive or
confidential. If you are not the intended recipient of this email, you are
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received this communication in error please notify the sender immediately
and permanently delete this email.