Self harm reporting
Dear Department of Veterans' Affairs,
While a FOI request is for documents, in this instance given the potentially sensitive personal information that might otherwise be in scope, you may wish to make a s 17 document like was done in FOI 38412 https://www.righttoknow.org.au/request/a...
I seek copy of reports of self harm and suicide, including intention to self harm or suicide, received by the Department of Veterans Affairs (excluding Open Arms/VVCS) during 2021.
I do not seek the details of self harm and suicide (or intention) received, beyond the number of such incidents and their distribution throughout the year (a breakdown by month would be ideal).
I also seek copy of any brief provided to the Secretary during 2021 on such events, but again do not wish the details of the private individual involved or the type of self harm or suicide that occurred or was expressed.
I also seek copy of any current quick reference instructions Veterans Affairs give staff to follow when report of self harm and suicide, including intention to self harm or suicide, is made to them.
Yours faithfully,
Julie
Dear Julie
I refer to your request, received by the Department of Veterans’ Affairs
(the department) on 14 February 2021, for access under the Freedom of
Information Act 1982 (FOI Act) to the following:
While a FOI request is for documents, in this instance given
the potentially sensitive personal information that might otherwise be in
scope, you may wish to make a s 17 document like was done in FOI 38412
https://www.righttoknow.org.au/request/a...
I seek copy of reports of self harm and suicide, including intention to
self harm or suicide, received by the Department of Veterans Affairs
(excluding Open Arms/VVCS) during 2021.
I do not seek the details of self harm and suicide (or intention)
received, beyond the number of such incidents and their distribution
throughout the year (a breakdown by month would be ideal).
I also seek copy of any brief provided to the Secretary during 2021 on
such events, but again do not wish the details of the private individual
involved or the type of self harm or suicide that occurred or was
expressed.
I also seek copy of any current quick reference instructions Veterans
Affairs give staff to follow when report of self harm and suicide,
including intention to self harm or suicide, is made to them.
Your request was received by the department on 14 February 2022 and the 30
day statutory period for processing your request commenced from the day
after that date. The period of 30 days may 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.
Your address
The FOI Act requires that you provide us with an address that we can send
notices to. You have advised your electronic address is
[1][FOI #8406 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.
Exclusion of employee details
To the extent the department has documents in its possession that fall
within the scope of your request, we will treat the names, signatures,
position titles and direct contact details of Commonwealth employees as
irrelevant in accordance with section 22 of the FOI Act, unless you tell
us otherwise by 22 February 2022
Further assistance
If you have any questions about your request, please email
[email address].
Yours sincerely
Natalie (Position number 62214719)
Information Access Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
t 1800 838 372 | e [2][email address] | [3]www.dva.gov.au
p GPO Box 9998, Canberra ACT 2601
[4]cid:image001.png@01D0027A.1DAB84F0
P Please consider the environment before printing this email
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
1. mailto:[FOI #8406 email]
2. mailto:[email address]
3. http://www.dva.gov.au/
Dear INFORMATION.LAW,
Your acknowledgment claims you received this FOI request on 14 February 2022, despite it being confirmed as delivered on 11 February 2022 by Right to Know (see confirmation of receipt link on request).
A decision is due on Monday 14 March 2022, as by law the time of receipt is the date the communication 'is capable of being received by the agency at the specified email or fax address' [s 14A ETA 1999].
The Information Commissioner had previously issued guidance to agencies stating it cannot rely on presumed consent to what is irrelevant to the scope of the FOI request, and I do not consent to the exclusion of the names of Commonwealth officials or their position titles.
Yours sincerely,
Julie
Dear Julie,
Freedom of Information Request: LEX 47490
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 11 February 2022
and was made in the following terms:
“While a FOI request is for documents, in this instance given the
potentially sensitive personal information that might otherwise be in
scope, you may wish to make a s 17 document like was done in FOI 38412
[1]https://www.righttoknow.org.au/request/a...
I seek copy of reports of self harm and suicide, including intention to
self harm or suicide, received by the Department of Veterans Affairs
(excluding Open Arms/VVCS) during 2021.
I do not seek the details of self harm and suicide (or intention)
received, beyond the number of such incidents and their distribution
throughout the year (a breakdown by month would be ideal).
I also seek copy of any brief provided to the Secretary during 2021 on
such events, but again do not wish the details of the private individual
involved or the type of self harm or suicide that occurred or was
expressed.
I also seek copy of any current quick reference instructions Veterans
Affairs give staff to follow when report of self harm and suicide,
including intention to self harm or suicide, is made to them.”
In accordance with section 15(5)(b) of the FOI Act, the due date for a
decision on your request is 14 March 2022.
Clarification required
Regarding the fourth part of the request, (“…I also seek copy of any brief
provided to the Secretary during 2021 on such events, but again do not
wish the details of the private individual involved or the type of self
harm or suicide that occurred or was expressed.”) we would appreciate it
if you could please clarify the documents you are seeking access to.
Are you seeking any brief provided to the Secretary during 2021 on the
number or occurrence of such events, or are you seeking copies of any
briefs that the Secretary received during 2021 of specific incidents?
I note that, if your request is for the latter, the utility of receiving
such documents may be limited. This is because such documents would likely
contain a significant amount of third party personal information that you
have indicated would be out of scope of your request.
It would be appreciated if you could clarify this with us as soon as is
practicable.
Request for time extension
Due to the complex nature of the documents you are seeking, and the need
for us to undertake further business area consultations regarding
exemptions under the FOI Act for these documents. I am seeking your
agreement to a 30 day extension of time under [2]section 15AA of the FOI
Act. This will ensure that we are in a position to make a full and proper
decision on access in respect of your request.
If you are agreeable, this would make the new decision date for your
request 13 April 2022.
If we are able to make a decision prior to this date we will of course
endeavour to do so.
It would be appreciated if you could advise us no later than COB today
Thursday 10 March 2022 if you agree to the extension of time.
If you do not agree to an extension of time under section 15AA of the FOI
Act, we may approach the Office of the Australian Information Commissioner
(OAIC) for an extension of time under section 15AB of the FOI Act on the
basis that your request is voluminous and/or complex.
We thank you for your patience and cooperation in respect of the
processing of your request.
Kind regards,
Llewellyn (Position Number 62329531)
Information Access Officer
Information Access Unit
Department of Veterans’ Affairs
e [3][DVA request email]
References
Visible links
1. https://www.righttoknow.org.au/request/a...
2. http://www8.austlii.edu.au/cgi-bin/viewd...
3. mailto:[DVA request email]
Dear INFORMATION.ACCESS,
You asked if I am 'seeking any brief provided to the Secretary during 2021 on the number or occurrence of such events, or are you seeking copies of any briefs that the Secretary received during 2021 of specific incidents?'
My request on that part stated 'I also seek copy of any brief provided to the Secretary during 2021 on such events, but again do not wish the details of the private individual involved or the type of self harm or suicide that occurred or was expressed.'
So the scope would include both types of briefs and as I have excluded the personal information of private individuals as irrelevant it is possible large parts may be redacted as irrelevant in terms of that latter type of brief.
This does not translate as having no utility as suggested because it may be the only way to identity the frequency of instances, given the Department's admitted issues.
I don't think it appropriate to consider your other request before Veterans' has even finalised the search minute. When you have a proper basis, you can make such a request then.
Yours sincerely,
Julie
Our reference: RQ22/00877
Agency reference: LEX 47490
Ms Julie A
Sent by email: [1][FOI #8406 email]
Extension of time application by Department of Veterans' Affairs
Dear Ms Julie A
I write to advise that on 11 March 2022 the Office of the Australian
Information Commissioner (the OAIC) received an application from
Department Of Veterans' Affairs (DVA) for an extension of time, to
process your FOI request of 11 February 2022.
DVA has applied for an extension of time under s 15AB of the Freedom of
Information Act 1982 (Cth) because your request is considered to be
complex.
DVA has advised the OAIC that:
· Due to the sensitive nature of the documents within scope of the
request, relating to self harm and suicide, it is anticipated that it will
be necessary to consult with all relevant business areas to ensure that
all applicable exemption provisions are considered, and that undertaking
these consultations may take some time to complete.
· It is expected that an additional 30 days of processing will
allow the Department to properly process this FOI request, to ensure that
all reasonable searches have been undertaken and all documents that are
within scope are considered for release.
DVA has requested an extension to 13 April 2022. I will take any comments
you may have to make into account when deciding the application.
Please respond to this email by close of business 18 March 2022. If I do
not hear from you by this date, the decision maker will make a decision on
the basis of the information provided to me by the DVA.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our
website at [2]Extensions of time.
Regards
[3][IMG] Irene Nicolaou | Director
Investigations and Compliance
Freedom of information Regulatory
Group
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[4]oaic.gov.au
+61 2 9284
9605 |[5][email address]
[6][IMG] | [7][IMG] | [8][IMG] | [9]Subscribe to OAICnet
newsletter
References
Visible links
1. mailto:[FOI #8406 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. https://www.oaic.gov.au/
4. http://www.oaic.gov.au/
5. mailto:[email address]
6. http://www.facebook.com/OAICgov
7. https://www.linkedin.com/company/office-...
8. https://twitter.com/OAICgov
9. https://www.oaic.gov.au/media-and-speech...
Dear Irene,
I oppose this EoT from Veterans Affairs as undertaking searches internally within an FOI agency for documents within scope confined to 2021, that due to their nature, would be stored efficiently given their relevance to the Royal Commission, as well as due to their NAA status as critical storage documents, would not reasonably be a 'complex' search activity, as they would be well flagged on TRIM.
Equally, internal consultations with the FOI agency is not a 'complex' activity, especially as Veterans Affairs has the option to provide a s 17 table simply listing 'the number of incidents and their distribution' across 2021 that negates any disclosure of 'sensitive' or 'complex' material.
Even if Veterans Affairs chooses not to do so, the FOI explicitly gave consent to the redaction of all personal information 'I do not seek the details of self harm and suicide (or intention) received, beyond the number of such incidents and their distribution throughout the year (a breakdown by month would be ideal) ... again [I] do not wish the details of the private individual involved or the type of self harm or suicide that occurred or was expressed.'
There is also the recent spate of Veterans Affairs applying for a s 15AB extension of time on template requests such as this one, then subsequently waiting until the last day of any such extension to claim a third party consultation or practical refusal consultation, before then applying for another s 15AB extension on or near the last day of the amended processing period that highlights that Veterans Affairs is intentionally gaming delays to create artificial barriers to access contrary to the objects of the FOI Act to perform and exercise its functions and powers under the FOI Act, as far as possible, to facilitate and promote public access to information, promptly and at the lowest reasonable cost.
While the OAIC has a long history of accepting any claim made by an FOI agency as enough to satisfy the Information Commissioner, no matter how illogical or ridiculous, or how many times it is ultimately proven these claims made by the FOI agency were untrue and misleading, it is getting beyond untenable now how blatant these abuses of s 15AB are in respect of Veterans Affairs gaming of them.
Ciao,
Julie
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 47490.
Kind regards,
[1][IMG] Eoin McMahon | Review Adviser
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 9716 |
[3][email address]
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8. https://www.oaic.gov.au/updates/sign-up/
Dear Eoin McMahon,
I would like a copy of the s 15AB application, given it is unclear from your letter of the proper basis on which you were satisfied.
Ciao,
Julie
Dear Julie,
Please find attached a copy of the Department of Veterans' Affairs application form as requested.
Kind regards,
Eoin McMahon | Review Adviser
Investigations and Compliance
Freedom of Information Regulatory Group
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | oaic.gov.au
+61 2 9284 9716 | [email address]
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Dear Julie,
Please find attached decision and documents for your FOI Request LEX 47940
Kind regards,
Harrison (Position Number 62329529 )
Information Access Officer
Information Access Unit
Department of Veterans’ Affairs
e [1][email address]
References
Visible links
1. mailto:[email address]
Dear Department of Veterans' Affairs,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Department of Veterans' Affairs's handling of my FOI request 'Self harm reporting'.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/s...
Yours faithfully,
Julie
Dear Julie,
Thank you for sending in the internal review request that has now been
registered under reference LEX 49238.
Please accept this as the formal acknowledgement and copies of relevant
documents will be sent to you in due course.
Contacting you about your request
You have advised your electronic address is
[1][FOI #8406 email] . Unless you tell us
otherwise, we will send all notices and correspondence to this address.
If you have any questions, please contact us using the following details:
Post: Information Access Unit,
Client Access and Rehabilitation Branch
GPO Box 9998 BRISBANE QLD 4001
Email: [2][DVA request email]
Yours sincerely,
Aaron (position number 62214261)
Registration Officer
Information Access Unit
Department of Veterans’ Affairs
t 1800 838 372 | e [3][email address] |
[4]www.dva.gov.au
p GPO Box 9998, Canberra ACT 2601
[5]cid:image001.png@01D0027A.1DAB84F0
References
Visible links
1. mailto:[FOI #8406 email]
2. mailto:[DVA request email]
3. mailto:[email address]
4. http://www.dva.gov.au/
INFORMATION.ACCESS,
To avoid doubt, I do not give consent for notices to be given in any other form other than in unencrypted PDF format sent directly to my address for notices.
Ciao
Julie
Good evening Julie,
Please find attached decision letter and release for LEX 49238.
Kind regards
Suzanne
Position Number: 62210948
Information Access Officer
Information Access Unit
Department of Veterans’ Affairs
e [1][email address]
t 1800 838 372
References
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1. mailto:[email address]
Julie left an annotation ()
Concerning that just in 2021 alone, 45 veterans are reported by Veterans Affairs to have been driven to self harm as a result of their experiences with the Department.
That is a much larger number than I expected. Veterans Affairs still appears to have not changed course, even after the tragic and wholly avoidable death of Jesse Bird.