s 55G Substituted Decisions
Verity Pane made this Freedom of Information request to Department of Veterans' Affairs
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Department of Veterans' Affairs,
This is a FOI request for copy of all s 55G FOI Act varied or substituted decisions made by DVA, each with copy of their corresponding original FOI request, that were created in the last six years (2015-2021).
Only the s 55G decision (and its document schedule) and the original FOI request are in scope - documents released by the s 55G decision are outside the scope of this FOI.
Personal information to be redacted as irrelevant.
DVA can elect to provide a table in lieu listing FOI Reference, Date of FOI request, Date of Original FOI Decision and Date of s 55G decision as a summary table instead if it so wishes (as a way to reduce the amount of consideration/redaction to none).
Yours faithfully,
Verity Pane
Dear Verity Pane,
Freedom of Information Request: FOI 47339
I refer to your request for access to documents held by the Department of
Veterans’ Affairs (department) under the Freedom of Information Act 1982
(FOI Act). Your request was received by the department on 23 December 2021
and was made in the following terms:
‘ … This is a FOI request for copy of all s 55G FOI Act varied or
substituted decisions made by DVA, each with copy of their corresponding
original FOI request, that were created in the last six years (2015-2021).
Only the s 55G decision (and its document schedule) and the original FOI
request are in scope - documents released by the s 55G decision are
outside the scope of this FOI.
Personal information to be redacted as irrelevant.
DVA can elect to provide a table in lieu listing FOI Reference, Date of
FOI request, Date of Original FOI Decision and Date of s 55G decision as a
summary table instead if it so wishes (as a way to reduce the amount of
consideration/redaction to none...’
In accordance with section 15(5)(b) of the FOI Act, the due date for a
decision on your request is 22 January 2022.
When the processing period may be extended or suspended
The current due date may be extended by up to 30 days if agreed by you
(section 15AA of the FOI Act). Also, the due date may be extended by an
additional 30 days in each instance, if your request is considered
voluminous or complex (section 15AB of the FOI Act) or if the department
is required to undertake a third party consultation (sections 26A, 27 or
27A of the FOI Act). If any of these extensions apply, the department will
notify you.
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) or if a
charges notice is issued to process your request (section 29 of the FOI
Act). If the department decides that either of these apply to your
request, the department will notify you.
We will write again when the department has more information. Further
information on FOI processing can be found at the website of the Office of
the Australian Information Commissioner at [1]https://www.oaic.gov.au/.
Publication of documents
Please note that information released under the FOI Act may later be
published online on our disclosure log at
[2]https://www.dva.gov.au/about-dva/freedom...
subject to certain exceptions, such as if the documents relate to your own
personal information. The department will advise you in its decision
whether details of your request will be published on the disclosure log or
not.
Contacting us about your request
We will contact you using the email address you have provided. Please
advise if you would prefer us to use an alternative means of contact.
If you have any questions, please contact us using the following details:
Post: Information Law Section, Legal Services & Audit
Branch
GPO Box 9998 CANBERRA ACT 2601
Facsimile: (02) 6289 6337
Email: [3][email address]
Yours sincerely,
Sneha (Position number: 62315639)
Information Access Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
t 1800 838 372 | e [4][email address] | [5]www.dva.gov.au
p GPO Box 9998, Canberra ACT 2601
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IMPORTANT: This document contains legal advice and may be subject to legal
professional privilege. Unless it is waived or lost, legal professional
privilege is a rule of law that, in part, provides that the client need
not disclose confidential communications between a legal practitioner and
client. To keep this privilege, the purpose and content of this advice
must only be disclosed to persons who have a need to know and on the basis
that those persons also keep it confidential.
You should consider this advice and take it into account when forming a
decision on how best to proceed. If you decide to adopt a position that
does not align with this advice, you should not state that DVA Legal
Services & Audit Branch has cleared or endorsed a particular position.
References
Visible links
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2. https://www.dva.gov.au/about-dva/freedom...
3. mailto:[email address]
4. mailto:[email address]
5. http://www.dva.gov.au/
Dear Ms Pane
Freedom of Information Request: LEX 47339
I refer to your request for access to documents held by the Department of
Veterans’ Affairs (Department) under the Freedom of Information Act 1982
(FOI Act). Your request was received by the Department on 24 December 2021
and was made in the following terms:
This is a FOI request for copy of all s 55G FOI Act varied or substituted
decisions made by DVA, each with copy of their corresponding original FOI
request, that were created in the last six years (2015-2021).
Only the s 55G decision (and its document schedule) and the original FOI
request are in scope - documents released by the s 55G decision are
outside the scope of this FOI.
Personal information to be redacted as irrelevant.
DVA can elect to provide a table in lieu listing FOI Reference, Date of
FOI request, Date of Original FOI Decision and Date of s 55G decision as a
summary table instead if it so wishes (as a way to reduce the amount of
consideration/redaction to none).
In accordance with section 15(5)(b) of the FOI Act, the due date for a
decision on your request is 24 January 2022.
When the processing period may be extended or suspended
Due to the search period you have provided (2015-2021) as well as the
variations in Departmental decisions that have been made across this
period, I am seeking your agreement to a 30 day extension of time under
[1]section 15AA of the FOI Act. This will enable us to access all of the
relevant information for the specified period.
If you are agreeable, this would make the new decision date for your
request 23 February 2022.
Please advise no later than 10am on 21 January 2022 if you agree to the
extension of time. Please accept our apologies for the short notice
period.
Further information on FOI processing can be found at the website of the
Office of the Australian Information Commissioner at
[2]https://www.oaic.gov.au/.
Publication of documents
Please note that information released under the FOI Act may later be
published online on our disclosure log at
[3]https://www.dva.gov.au/about-dva/freedom...
subject to certain exceptions, such as if the documents relate to your own
personal information. The Department will advise you in its decision
whether details of your request will be published on the disclosure log or
not.
Contacting us about your request
We will contact you using the email address you have provided. Please
advise if you would prefer us to use an alternative means of contact.
If you have any questions, please contact me using the following details:
Post: Information Law Section, Legal Services & Audit Branch
GPO Box 9998 CANBERRA ACT 2601
Facsimile: (02) 6289 6337
Email: [4][email address]
Sincerely,
Zak (Position Number 62329533)
Information Access Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
e [5][email address]
References
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1. http://www8.austlii.edu.au/cgi-bin/viewd...
2. https://www.oaic.gov.au/
3. https://www.dva.gov.au/about-dva/freedom...
4. mailto:[email address]
5. mailto:[email address]
Dear Applicant and FOI Contact Officer
Please see attached decision regarding the Department of Veterans'
Affairs’ application for an extension of time to process FOI request LEX
47339.
Kind regards
[1][IMG] Shelley Napper | Assistant
Director
Investigations and Compliance
Freedom of Information
Regulatory Group
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9284 9721 |
[3][email address]
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Dear Ms. Pane,
Please find attached our decision letter of even date in relation to your
FOI application (LEX 47339), as well as the documents referred to within.
Sincerely yours,
Zak (Position Number 62329533)
Information Access Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
e [4][email address]
References
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4. mailto:[email address]
Dear INFORMATION.LAW,
The extension of time (EOT) you made, and which was granted, both stated that:
- the Department has further advised that the majority of these documents likely contain exempt material, as such, it is more practical and time efficient to create a new document summarising these decisions as per s 17 of the FOI Act. An extension of time is needed in order to generate this document.
The released bundle of documents appears contrary to the basis on which the EOT was made, although the documents on which such a table could be produced have been partially released.
I'm just confused why having asked for EOT to do this, it appears you did something else.
Yours sincerely,
Verity Pane
Dear INFORMATION.LAW,
I asked a question a month ago now and that is more than a reasonable time to give response. There is no need for such rude and condescending conduct of keeping me dangling on the line unnecessarily in relation to such a basic query.
Yours sincerely,
Verity Pane