Reliance Framework - MS Access database describing labels on Commonwealth forms

Patrick Conheady made this Freedom of Information request to Services Australia

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Services Australia.

Patrick Conheady

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

FOI.LEGAL.TEAM,

2 Attachments

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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FOI.LEGAL.TEAM,

2 Attachments

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

* [1][email address]

 

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please notify the sender immediately and permanently delete this email.

 

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Patrick Conheady

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

FOI.LEGAL.TEAM,

1 Attachment

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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This email and any attachments may contain information subject to legal
professional privilege or information that is otherwise sensitive or
confidential. If you are not the intended recipient of this email, you are
prohibited from using or disseminating this communication. If you have
received this communication in error please notify the sender immediately
and permanently delete this email.

 

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