Request for copy of the consent for the DVA/UniSA MATES program to operate

Response to this request is long overdue. By law, under all circumstances, Department of Veterans' Affairs should have responded by now (details). You can complain by requesting an internal review.

Dear Department of Veterans' Affairs,

According to the Hansard transcript (p.15) of Secretary Frame’s testimony before the FADaT Senate Estimates Committee on Wednesday 15 November 2023 Secretary Frame, in response to a question from Senator Lambie, said about the DVA/UniSA MATES program (although still suspended since mid-year) that “There is a consent that has been in place for the program to operate it as it has for 18 years”.

I have searched the DVA website, the UniSA website and Hansard but it does not appear that the Department of Veterans Affairs has made this ‘consent’ publicly available.

I have also checked the minutes the department has published of its ESO roundtables, back issues of VetAffairs, referred to by Secretary Frame (on the same transcript page) where it was suggested such information was communicated, but was unable to find any such information.

As the ‘consent’ referred to by Secretary Frame has not been made publicly available by DVA, can the Department of Veterans Affairs please provide copy of it.

As Secretary Frame appears quite aware of that ‘consent’ document for the DVA/UniSA MATES program and reviewed it before she gave her testimony to the committee this week, it should be able to be quickly located by the Secretary’s office.

It sounds like a discrete document and one able to be reviewed quickly for release.

As I am sure more than just me would be interested in this ‘consent’ document, please ensure it will be accessible on release for me than just me.

Yours faithfully,

Jenny

INFORMATION.ACCESS, Department of Veterans' Affairs

Thank you for your email.  Please accept this automatic reply as
confirmation the Information Access Unit (IAU) has received your email.

 

Please note the IAU is currently experiencing a high volume of requests. 
We are working as quickly as possible to process your request.  We
appreciate your patience.

 

 

 

INFORMATION.ACCESS, Department of Veterans' Affairs

2 Attachments

Dear Jenny,

The Department of Veterans' Affairs (the department) has received your
request for access to information under the Freedom of Information Act
1982 (FOI Act). I note you have requested access to the following:

'...According to the Hansard transcript (p.15) of Secretary Frame's
testimony before the FADaT Senate Estimates Committee on Wednesday 15
November 2023 Secretary Frame, in response to a question from Senator
Lambie, said about the DVA/UniSA MATES program (although still suspended
since mid-year) that "There is a consent that has been in place for the
program to operate it as it has for 18 years".

I have searched the DVA website, the UniSA website and Hansard but it does
not appear that the Department of Veterans Affairs has made this 'consent'
publicly available.

I have also checked the minutes the department has published of its ESO
roundtables, back issues of VetAffairs, referred to by Secretary Frame (on
the same transcript page) where it was suggested such information was
communicated, but was unable to find any such information.

As the 'consent' referred to by Secretary Frame has not been made publicly
available by  DVA, can the Department of Veterans Affairs please provide
copy of it.

As Secretary Frame appears quite aware of that 'consent' document for the
DVA/UniSA MATES program and reviewed it before she gave her testimony to
the committee this week, it should be able to be quickly located by the
Secretary's office.

It sounds like a discrete document and one able to be reviewed quickly for
release.

As I am sure more than just me would be interested in this 'consent'
document, please ensure it will be accessible on release for me than just
me...'

 

Your request was received by the department on 17 November 2023 and the
ordinary 30 day statutory period for processing your request commenced
from the day after that date.

 

If we are in a position to make a decision on your request earlier than
this date, we will endeavour to do so.

 

The statutory period may also be extended if we need to consult third
parties or for other reasons permitted under the FOI Act. We will advise
you if this happens.

 

Charges

 

The Department will notify you within 14 days of an estimate of the
charges that will apply to your request for non-personal information
before we process any requested documents or impose a final charge.

 

Your address

 

The FOI Act requires that you provide us with an address that we can send
notices to. You have advised your contact address is
[1][FOI #10883 email]  . Unless you tell us
otherwise, we will send all notices and correspondence to this address.

 

Disclosure log

 

Information released under the FOI Act may be published on a disclosure
log on our website, subject to certain exceptions. These exceptions
include where publication of personal, business, professional or
commercial information would be unreasonable.

 

Further assistance

 

If you have any questions about your request, please email
[2][DVA request email]

 

Yours sincerely

 

 

Kevin| Information Access Officer

Position 62373493

Information Access Unit

Ministerial, International & Stakeholder Relations Branch

Ministerial, Communication & Engagement Division

Department of Veterans’ Affairs

1800 VETERAN (1800 838 372)

[3][DVA request email]

[4]www.dva.gov.au 

[5]cid:image008.jpg@01D8EA24.8F7FA8A0

[6]cid:image009.jpg@01D8EA24.8F7FA8A0

 

References

Visible links
1. mailto:[FOI #10883 email]
2. mailto:[DVA request email]
3. mailto:[DVA request email]
4. http://www.dva.gov.au/

Dear INFORMATION.ACCESS,

By law this 17 November request for copy of the consent for the DVA/UniSA MATES program to operate, that Secretary Frame cited under oath in her Senate Estimates testimony on Wednesday 15 November 2023 as what allowed the DVA/UniSA MATES program (although suspended since mid-year) “the program to operate it as it has for 18 years" was required to be provided yesterday.

Right to Know says that where this happens DVA has broken the law, so why have you?

When will this document, recently reviewed and cited by the Secretary, be given?

Yours sincerely,

Jenny

INFORMATION.ACCESS, Department of Veterans' Affairs

Thank you for your email.  Please accept this automatic reply as
confirmation the Information Access Unit (IAU) has received your email.

 

Please note the IAU is currently experiencing a high volume of requests. 
We are working as quickly as possible to process your request.  We
appreciate your patience.

 

 

 

Dear Department of Veterans' Affairs,

I haven’t received a response to my query of 19 December as to why the Department has failed to process my FOI and as Right to Know puts it “broken the law” by doing so.

Can you please advise when this overdue FOI will be finalised?

Yours faithfully,

Jenny

Dear Department of Veterans' Affairs,

This FOI is now long overdue. Why has the Department failed to process my FOI and as Right to Know puts it “broken the law” by doing so.

Can you please advise when this long overdue FOI will be finalised?

Yours faithfully,

Jenny

Dear Department of Veterans' Affairs,

As a month has passed since this FOI was due for decision, without any excuse or reason given by the Department as to why it has not done so despite three separate requests being made across that period to do so, it appears that even though this FOI was for one discrete document the Secretary publicly cited as consent for the MATES program to operate is intentionally and unlawfully being refused an FOI access application for.

That would be the only reason why the Department has continued to ignore and deny the processing of this FOI, given the Department had a statutory obligation to give such a decision over a month ago.

From this is leaves open only the Secretary lied to the Senate, and that no such consent has ever existed to enable the MATES program to operate, and that Department officers are now engaged in abuses of process to cover this up.

Yours faithfully,

Jenny

INFORMATION.ACCESS, Department of Veterans' Affairs

Good afternoon Jenny

I would like to apologise for the delay in getting this to you and assure you that we are working towards providing an outcome to your request.

Kind regards

Joshua | Assistant Director
Position Number: 62336362
Information Access Unit 
Ministerial, International & Stakeholder Relations Branch
Ministerial, Communication & Engagement Division
Department of Veterans’ Affairs
1800 VETERAN (1800 838 372)
[DVA request email]
www.dva.gov.au 

show quoted sections

Dear INFORMATION.ACCESS,

That apology for breaching the FOI Act would have some weight if you explained why you had ignored your statutory obligations and why the Department had ignored follow-up until now.

No reason or explanation was given by you however.

Given the limited scope of this FOI for a document clearly reviewed by the Secretary recently before her Senate Estimates testimony there is no reasonable basis for the failure to comply with the statutory obligations of the FOI Act.

Yours sincerely,

Jenny

Dear INFORMATION.ACCESS,

This long overdue FOI that the department was required by law to give decision to on 18 December 2023 still had not received a decision and the department has still not given a reason for this even though this was requested a fortnight ago.

Is this yet another example of the intentional strategy of Veterans Affairs to disregard legal obligations it has and to shirk accountability that Royal Commissioner Kaldis recently criticised the department for?

Is it really that difficult to say what the cause of this extended and unreasonable delay is? Is that because it is a reason is an improper purpose that would get the department in trouble?

Yours sincerely,

Jenny

INFORMATION.ACCESS, Department of Veterans' Affairs

Good afternoon Jenny

My apologies for the continued delay and any discomfort experienced while awaiting a decision from the department.

We are currently still consulting internally in order to locate the document(s) within the scope of your request and a response will be provided with priority once those consultations have concluded.

Your continued patience with us on this request is greatly appreciated.

Kind regards

Joshua | Assistant Director
Position Number: 62336362
Information Access Unit 
Ministerial, International & Stakeholder Relations Branch
Ministerial, Communication & Engagement Division
Department of Veterans’ Affairs
1800 VETERAN (1800 838 372)
[DVA request email]
www.dva.gov.au 

show quoted sections

Dear INFORMATION.ACCESS,

If the Secretary was citing this document in Senate Estimates as proof of the existence, Joshua, surely she would know and have copy of that document.

I could understand if you received a cold call request for some vague and historical scope that this location activity might require an extended search time, but this for something the Secretary cited in testimony to the Senate Estimates committee hearing in November last year (a few months ago) as existing, that she clearly was aware of.

Your explanation, again vague and non-specific, just does not logically match up. You are being disingenuous and it is not appropriate.

Have you even asked the Secretary what document or documents she was citing? Surely this is the starting point for search activity - not randomly putting out search requests to areas of the Department who have nothing to do with the MATES program.

From what has been obtained, if the Secretary has no idea, then clearly she mislead the Committee in her testimony and should give notice of retraction of that claim (as should Mr Kefford, given the University of South Australia says they have knowingly misrepresented them).

Between the Secretary, Information Law and the Pharmacy Programs and Operations sections, who are the areas that are dealing with the MATES program, this search activity should have ceased long before now, for such a recently cited document by your own Secretary.

It appears the reasons for the continued failure of the Department to comply with s 15(5)(b) are not the ones you are claiming as the reason.

Yours sincerely,

Jenny

Dear Joshua,

On 19 January you wrote to me saying, in respect of the overdue decision due:

Good afternoon Jenny

I would like to apologise for the delay in getting this to you and assure you that we are working towards providing an outcome to your request.

Kind regards

Joshua | Assistant Director
Position Number: 62336362
Information Access Unit

More than month later that decision is still overdue, and you have provided no reason or excuse for your non-compliance with the FOI Act.

Perhaps your section should be renamed the Information Prevention of Access Unit to better reflect what you do, rather than based on the empty assertions you make.

Yours sincerely,

Jenny

Dear INFORMATION.ACCESS,

Despite the Department of Veterans’ Affairs claiming it would be providing a decision soon, after forcing this FOI to receive a deemed decision in early December, DVA have still not provided a decision three months after it was due.

I still have not received any legitimate explanation as to why, yet again, DVA has intentionally forced a deemed refusal decision and withheld statement of reasons.

Yours sincerely,

Jenny

Dear Joshua,

On 2 February you wrote saying:

Good afternoon Jenny

My apologies for the continued delay and any discomfort experienced while awaiting a decision from the department.

We are currently still consulting internally in order to locate the document(s) within the scope of your request and a response will be provided with priority once those consultations have concluded.

Your continued patience with us on this request is greatly appreciated.

Kind regards

Joshua | Assistant Director
Position Number: 62336362
Information Access Unit
Ministerial, International & Stakeholder Relations Branch
Ministerial, Communication & Engagement Division
Department of Veterans’ Affairs
1800 VETERAN (1800 838 372)
[DVA request email]
www.dva.gov.au

Another two months later and still nothing. This November 2023 FOI is now many months overdue and still DVA has provided no decision. All your previous claims that the decision is imminent have been lies unfortunately. You should remedy this immediately.

Yours sincerely,

Jenny

Dear INFORMATION.ACCESS,

I request copy of the record of administration of this FOI made on 17 November 2023 (5 months ago!), which I can see from other FOIs here you can produce from LEX, to see why such an unreasonable and extremely excessive delay has occurred.

Yours sincerely,

Jenny

INFORMATION.ACCESS, Department of Veterans' Affairs

2 Attachments

Dear Jenny,

 

The Department of Veterans' Affairs (the department) has received your
request for access to information under the Freedom of Information Act
1982 (FOI Act). I note you have requested access to the following:

 

'...I request copy of the record of administration of this FOI made on 17
November 2023 (5 months ago!), which I can see from other FOIs here you
can produce from LEX, to see why such an unreasonable and extremely
excessive delay has occurred...'

 

Your request was received by the department on 23 April 2024 and the
ordinary 30 day statutory period for processing your request commenced
from the day after that date.

 

If we are in a position to make a decision on your request earlier than
this date, we will endeavour to do so.

 

The statutory period may also be extended if we need to consult third
parties or for other reasons permitted under the FOI Act. We will advise
you if this happens.

 

Charges

 

If the Department considers that a charge will apply to your request, you
will be notified within 14 days of an estimate of the charges that will
apply to your request for non-personal information before we process any
requested documents or impose a final charge.

 

Your address

 

The FOI Act requires that you provide us with an address that we can send
notices to. You have advised your contact address is
[1][FOI #10883 email]  . Unless you tell us
otherwise, we will send all notices and correspondence to this address.

 

Disclosure log

 

Information released under the FOI Act may be published on a disclosure
log on our website, subject to certain exceptions. These exceptions
include where publication of personal, business, professional or
commercial information would be unreasonable.

 

Further assistance

 

If you have any questions about your request, please email
[2][DVA request email]

 

Yours sincerely

 

 

Kevin| Information Access Officer

Position 62373493

Information Access Unit

Client and Information Access Branch

Ministerial, Communication & Engagement Division

Department of Veterans’ Affairs

1800 VETERAN (1800 838 372)

[3][DVA request email]

[4]www.dva.gov.au 

[5]cid:image008.jpg@01D8EA24.8F7FA8A0

[6]cid:image009.jpg@01D8EA24.8F7FA8A0

 

References

Visible links
1. mailto:[FOI #10883 email]
2. mailto:[DVA request email]
3. mailto:[DVA request email]
4. http://www.dva.gov.au/

INFORMATION.ACCESS, Department of Veterans' Affairs

6 Attachments

Dear Jenny,

Thank you for your 5 requests for information under the FOI Act, received
by the Department on 23 April 2024.

The summarised scopes are:

·         LEX 67052 “copy of the record of administration of this FOI”
referring to LEX 62809

·         LEX 67045 “copy of the record of administration of this FOI”
referring to LEX 65295

·         LEX 67047 “copy of the record of administration of this FOI”
referring to LEX 66204

·         LEX 67050 “copy of the record of administration of this FOI”
referring to LEX 64799

·         LEX 67044 “copy of the record of administration of this FOI”
referring to LEX 64798

I am seeking clarification as to the meaning of “record of
administration”. I have taken it to mean you are seeking the LEX records
associated with the processing of the previous FOI Cases.

If my understanding is correct, can I suggest a scope of:

·         LEX 67052 - Under the FOI Act, I am seeking the LEX Notes
associated with the processing of LEX 62809

·         LEX 67045 - Under the FOI Act, I am seeking the LEX Notes
associated with the processing of LEX 65295

·         LEX 67047 - Under the FOI Act, I am seeking the LEX Notes
associated with the processing of LEX 66204

·         LEX 67050 - Under the FOI Act, I am seeking the LEX Notes
associated with the processing of LEX 64799

·         LEX 67044 - Under the FOI Act, I am seeking the LEX Notes
associated with the processing of LEX 64798

If you agree to these scopes, please reply to this email indicting your
agreement.

If this is not your intended meaning of “ record of administration” could
you please reply with further clarification to which documents you seek.

Additionally, would you like for us to continue process these as 5
individual cases, or combined them into 1 case?

 

Could you please

 

Kind regards,

 

Zoey| Senior Information Access Officer

Position Number: 62214764

Information Access Unit 

Client and Information Access Branch
Ministerial, Communication & Engagement Division

Department of Veterans’ Affairs

 

P: 1800 VETERAN (1800 838 372)

E: [1][DVA request email]

W: [2]www.dva.gov.au 
[3][IMG][4]cid:image001.png@01DA10AE.79E29FA0 [5]Linkedin Icon Svg
Download : Linkedin Logo Vector at GetDrawings | Free ...[6]Youtube, Logo
Youtube, Logo Youtube PNG, Logo Youtube Vektor, Logo ... 

[7]Title: Flags - Description: 3 Australian flags in a row (from left to
right): the Australian National flag, the Australian Aboriginal flag and
the Torres Strait Islander flag.

 

[8]cid:image007.jpg@01D97E71.443616E0

 

References

Visible links
1. mailto:[DVA request email]
2. http://www.dva.gov.au/
3. https://www.facebook.com/DVAAus
4. https://twitter.com/DVAAus
5. https://au.linkedin.com/company/australi...
6. https://www.youtube.com/@DVATVAus/featured

Hemsworth, Zoey, Department of Veterans' Affairs

7 Attachments

Dear Jenny,

 

Thank you for your request for information under the FOI Act 1982,
received by the Department on 23 April 2024.

 

Please find attached a 24AB Consultation Notice.

 

Zoey| Senior Information Access Officer

Position Number: 62214764

Information Access Unit 

Client and Information Access Branch
Ministerial, Communication & Engagement Division

Department of Veterans’ Affairs

 

P: 1800 VETERAN (1800 838 372)

E: [1][DVA request email]

W: [2]www.dva.gov.au 
[3]cid:image001.png@01DAA15D.34C1D680[4]cid:image001.png@01DA10AE.79E29FA0[5]Linkedin
Icon Svg Download : Linkedin Logo Vector at GetDrawings | Free
...[6]Youtube, Logo Youtube, Logo Youtube PNG, Logo Youtube Vektor, Logo
... 

[7]Title: Flags - Description: 3 Australian flags in a row (from left to
right): the Australian National flag, the Australian Aboriginal flag and
the Torres Strait Islander flag.

[8]cid:image007.jpg@01D97E71.443616E0

 

References

Visible links
1. mailto:[DVA request email]
2. http://www.dva.gov.au/
3. https://www.facebook.com/DVAAus
4. https://twitter.com/DVAAus
5. https://au.linkedin.com/company/australi...
6. https://www.youtube.com/@DVATVAus/featured

Hemsworth, Zoey, Department of Veterans' Affairs

Hemsworth, Zoey would like to recall the message, "LEX 67052 24AB Consultation Notices [SEC=OFFICIAL]".

Hemsworth, Zoey, Department of Veterans' Affairs

Hemsworth, Zoey would like to recall the message, "LEX 67052 24AB Consultation Notices [SEC=OFFICIAL]".

INFORMATION.ACCESS, Department of Veterans' Affairs

7 Attachments

Dear Jenny,

 

Thank you for your request for information under the FOI Act 1982,
received by the Department on 23 April 2024.

 

Please find attached a 24AB Consultation Notice.

 

Zoey| Senior Information Access Officer

Position Number: 62214764

Information Access Unit 

Client and Information Access Branch
Ministerial, Communication & Engagement Division

Department of Veterans’ Affairs

 

P: 1800 VETERAN (1800 838 372)

E: [1][DVA request email]

W: [2]www.dva.gov.au 
[3]cid:image001.png@01DAA15D.34C1D680[4]cid:image001.png@01DA10AE.79E29FA0[5]Linkedin
Icon Svg Download : Linkedin Logo Vector at GetDrawings | Free
...[6]Youtube, Logo Youtube, Logo Youtube PNG, Logo Youtube Vektor, Logo
... 

[7]Title: Flags - Description: 3 Australian flags in a row (from left to
right): the Australian National flag, the Australian Aboriginal flag and
the Torres Strait Islander flag.

[8]cid:image007.jpg@01D97E71.443616E0

 

References

Visible links
1. mailto:[DVA request email]
2. http://www.dva.gov.au/
3. https://www.facebook.com/DVAAus
4. https://twitter.com/DVAAus
5. https://au.linkedin.com/company/australi...
6. https://www.youtube.com/@DVATVAus/featured

Dear Zoey of INFORMATION.ACCESS,

Section 24 of the FOI Act requires an agency to undertake a requestion consultation
process if they are satisfied, when dealing with a request, that a practical refusal reason
exists. This means that it was appropriate to commence a request consultation process only
if a practical refusal reason existed in relation to the request.

Section 24AA(1)(b) of the FOI Act provides that a practical refusal reason exists in
relation to a request if the request does not satisfy the requirement in section 15(2)(b) of the
FOI Act to include such information as is reasonably necessary to enable a responsible
officer of the agency to identify the documents requested.

The Guidelines issued by the Australian Information Commissioner under section
93A of the FOI Act (the Guidelines) provide the following guidance to agencies at
paragraphs 3.109 and 3.110 when dealing with requests that are considered unclear:

A formal requirement of making an FOI request is that the request must provide such
information as is reasonably necessary to enable a responsible officer of the agency
or the minister to identify the document that is requested (s 15(2)(b)). This differs
from other formal requirements, in that a failure to comply with this requirement is
classified by the Act as a ‘practical refusal reason’ for which a request consultation
process is required.

An agency should not wait until the practical refusal stage to help an applicant to
clarify their request. The following considerations should also be borne in mind
before a request consultation process is commenced:

• A request can be described quite broadly and must be read fairly by an agency or
minister, being mindful not to take a narrow or pedantic approach to its
construction.

• An applicant may not know exactly what documents exist and may describe a
class of documents, for example: all documents relating to a particular person or
subject matter; or all documents of a specified class that contain information of a
particular kind; or all documents held in a particular place relating to a subject
or person. Where the applicant has requested a class of documents, it may be
useful for the agency to explain to the applicant the information that is contained
in those documents, as this may assist the applicant to narrow the scope of his or
her request to a specific set of documents, resulting in less time spent on
processing irrelevant material.

• Although a request under the FOI Act must be for ‘documents’, rather than for
‘information’, a request may be phrased by reference to the information that a
document contains. This may in fact be an effective and concise way for an FOI
applicant to identify documents.

• A request does not need to quote a file or folio number.

Paragraph 3.128 of the Guidelines also provides:

Before commencing a formal request consultation process, agencies and ministers’
offices are encouraged to discuss the request with the applicant. This is often a more
efficient way of obtaining further information from the applicant and helping them
to refine a request that is too large or vague. However, if the applicant cannot be
contacted promptly, or the discussion does not elicit information that allows
relevant documents to be identified, the request consultation process should be
commenced.

FINDINGS

A request consultation process should not have been undertaken, as the Department
could not have been reasonably satisfied that a practical refusal reason existed in
relation to the request. Although the applicant’s request included the phrase “record of administration”, it appeared within the phrase “the record of administration of this FOI … which I can see from other FOIs here you can produce from LEX”, which was not vague and the documents the applicant was seeking were clear.

As stated in paragraph 3.110 of the Guidelines, a request can be described
broadly and for a class of documents, in this case for documents that can produced using LEX regarding how this FOI was administered.

Examples of such documents are, as the FOI request stated, been previously released on Right to Know by the Department such as in LEX 50625 which in the first 15 pages of the bundle released shows the LEX report that can be produced under s 17 to provide a record of the administration of a FOI made to the Department.

The FOI therefore did provide sufficient information to enable the Department to locate the documents sought, contrary to the Department’s claim.

Section 24AB(6) states that I must elect to either withdraw, vary or indicate I do not wish to vary my FOI. Section 24AB(8) states that once I do any of those three options, the request consultation period ends and no further extension of time applies.

I give response that I do not wish to vary my FOI (nor do I wish to bundle separately made FOIs) as the scope of the FOI does satisfy s 15(2)(b) in that it identified the documents in scope where those documents that can be produced in LEX for that FOI that records how the Department processed that FOI and referred you to the examples available on Right to Know of such LEX reports. As such, the FOI scope was within s 15(2)(b) and the Information Commissioner Guidelines.

As the practical refusal consultation notice was issued today, and the practical refusal consultation extension of time period only commences the day after such a notice is given, my section 24AB(6)(c) response today means that no extension of time applies to this FOI.

This FOI still is due for decision no later than 23 May 2024.

Yours sincerely,

Jenny