Third party consultation in LEX 47267
Verity Pane made this Freedom of Information request to Department of Veterans' Affairs
To: Department of Veterans' Affairs,
Paragraph 7 of the decision of delegate Jasmine in LEX 47267 dated 30 June states that DVA consulted with several third parties and that the results were "mixed"
I want copies of all documents held by DVA about the third party consultations carried out in LEX 47267, as well as copy of the LEX entries for LEX 47267, to be provided to me in the form of PDF files sent directly to this email.
I do not consent to any s 22 redactions, other forms of access, extensions of time or any other tactics used by DVA to degrade and undermine the FOI Act and its objects.
Verity Pane
Dear Ms Pane
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:
Paragraph 7 of the decision of delegate Jasmine in LEX 47267 dated 30 June
states that DVA consulted with several third parties and that the results
were "mixed"
I want copies of all documents held by DVA about the third party
consultations carried out in LEX 47267, as well as copy of the LEX entries
for LEX 47267, to be provided to me in the form of PDF files sent directly
to this email.
Your request was received by the department on 4 July 2022 and the
ordinary 30 day statutory period for processing your request commenced
from the day after that date.
Charges
The department will advise you if a charge is payable to process your
request and the amount of any such charge as soon as practicable. No
charge is payable for providing a person with their own personal
information.
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 #9096 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
Arthur
Position Number 62210944
Information Access Officer
Information Access Unit
Department of Veterans’ Affairs
Email: [3][email address]
[4]cid:image001.png@01D4D4DC.79DB5D20
References
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1. mailto:[FOI #9096 email]
2. mailto:[DVA request email]
3. mailto:[email address]
Dear Verity Pane,
We refer to your request made on 4 July 2022 under the Freedom of
Information Act 1982 (FOI Act) which was acknowledged on 8 July 2022.
The purpose of this email is to inform you that, after a preliminary
consideration of the documents likely to be relevant to the scope of your
request, I have determined that there are a number of third parties who
may reasonably which to contend that information contained in the
document(s) is exempt under s 47G (business affairs) of the FOI Act.
We are required to consult with these third parties under s 27 of the FOI
Act. In accordance with s 15(6) of the FOI Act, the consultation
requirement extends the statutory time period to provide a decision on the
request by 30 days. This means a decision on your request is now due on 2
September 2022.
Please do not hesitate to contact our office should you have any
questions.
Kind Regards
Amy (62232671)
Information Access Unit
Department of Veterans’ Affairs
e [1][email address]
References
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1. mailto:[email address]
Attn INFORMATION.ACCESS,
Claiming third party consultation on third party consultation already carried out is typical bullshit DVA unethical conduct.
Verity Pane
Attn INFORMATION.ACCESS,
This FOI made on 4 July for "copies of all documents held by DVA about the third party consultations carried out in LEX 47267, as well as copy of the LEX entries for LEX 47267, to be provided to me in the form of PDF files sent directly to this email", on which DVA made another third party consultation claim, was required to have a decision given on 2 September.
For the purposes of the FOI Act I want copy of the LEX entries for this FOI of 4 July that has now gone deemed, since DVA has given no explanation for its failure to give decision.
Verity Pane
Dear Ms Pane
The Department of Veterans’ Affairs (the Department) has received your
request for access to information under the Freedom of Information Act
1982 (FOI Act) we apologise for the delay in acknowledging your request. I
note you have requested access to the following:
This FOI made on 4 July for "copies of all documents held by DVA about the
third party consultations carried out in LEX 47267, as well as copy of the
LEX entries for LEX 47267, to be provided to me in the form of PDF files
sent directly to this email", on which DVA made another third party
consultation claim, was required to have a decision given on 2 September.
For the purposes of the FOI Act I want copy of the LEX entries for this
FOI of 4 July that has now gone deemed, since DVA has given no explanation
for its failure to give decision.
Your request was received by the department on 14 September 2022 and the
ordinary 30 day statutory period for processing your request commenced
from the day after that date.
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 postal address is
[1][FOI #9096 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.
Request to treat certain material as out of scope or irrelevant to the
request
To the extent the department has documents in its possession that fall
within the scope of your request, we intend to treat the following
information as out of scope or irrelevant to your request, pursuant to
section 22(1)(b)(ii) of the FOI Act:
1. The surnames, signatures and direct contact details of non-SES
Commonwealth employees and contractors, including clinical staff working
for Open Arms – Veterans & Families Counselling; and
2. The signatures of third party individuals.
If you agree to the department treating these details as irrelevant,
please advise by 6 October 2022
Further assistance
If you have any questions about your request, please email
[2][DVA request email]
We look forward to receiving your response to our request for an extension
of time and for the removal of certain information as out of scope from
your request.
Yours sincerely
Natalie (Position number 62336364)
Team Leader – Registrations
Information Access Unit
Department of Veterans’ Affairs
t 1800 838 372 | e [3][DVA request email] |
[4]www.dva.gov.au
p GPO Box 9998, Canberra ACT 2601
[5]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
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1. mailto:[FOI #9096 email]
2. mailto:[DVA request email]
3. mailto:[DVA request email]
4. http://www.dva.gov.au/
Dear Ms Pane
Thank you for your Information Access request to the Department of
Veterans’ Affairs – LEX 53928.
Please find the decision and document for release attached.
Kind regards
Ramona
Assistant Director
Position Number: 62336362
Information Access Unit | Client Access and Rehabilitation Branch
Department of Veterans' Affairs
GPO Box 9998 Canberra ACT 2600 | 21 Genge St Canberra City ACT 2601
[1]cid:image001.png@01D0027A.1DAB84F0
References
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Attn DVA
I require copy of all documents containing third party consultation claimed by DVA to have occurred in LEX 53928 and do not limit the scope to just the LEX notes for LEX 53928.
Verity Pane
Attn DVA
Internal review required of LEX 53928 based on the failure of the delegate to include in the scope of the foi documents that fell within that scope. Those omitted documents are even listed in the released LEX notes.
My foi stated "I want copies of all documents held by DVA about the third party consultations carried out in LEX 47267, as well as copy of the LEX entries for LEX 47267, to be provided to me in the form of PDF files sent directly to this email" and was not limited to just the LEX entry for that FoI.
An inadequate assessment of documents in scope was carried out, to exclude documents known to be in scope.
The exemptions claimed are also challenged.
Verity Pane
Dear Verity Pane,
Thank you for sending in the request that has now been registered under
reference LEX 54459.
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
We will contact you using the Email address:
[1][FOI #9096 email], 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 Access Unit
Client Access and Rehabilitation Branch
GPO Box 9998 BRISBANE QLD 4001
Email: [2][DVA request email]
Regards
Fiona
Position Number: 62211034
Registrations Officer
Information Access Unit
Department of Veterans' Affairs / Sydney Office
Phone: 1800 VETERAN (1800 838 372) / GPO Box 9998 Brisbane QLD 4001
[3][DVA request email] / [4]www.dva.gov.au
[5]cid:image001.png@01D5A8E1.744710A0
References
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1. file:///tmp/[FOI #9096 email]
2. mailto:[DVA request email]
3. mailto:[DVA request email]
4. http://www.dva.gov.au/
Dear Verity Pane
The Department of Veterans’ Affairs (the department) has received your
request for internal review of the Department’s decision (LEX 53928) under
the Freedom of Information Act 1982 (FOI Act). Your internal review
request reads as follows:
‘Internal review required of LEX 53928 based on the failure of the
delegate to include in the scope of the foi documents that fell within
that scope. The exemptions claimed are also challenged.’
Your request for internal review was received by the department on 30
October 2022 and the 30 day statutory period for processing your request
commenced from the day after that date.
Where possible, your request for internal review will be handled by a FOI
officer who was not involved in the original decision.
Your address
The FOI Act requires that you provide us with an address that we can send
notices to. You have advised your email address is
[1][FOI #9096 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
Fiona
Position Number: 62211034
Registrations Officer
Information Access Unit
Department of Veterans' Affairs / Sydney Office
Phone: 1800 VETERAN (1800 838 372) / GPO Box 9998 Brisbane QLD 4001
[3][DVA request email] / [4]www.dva.gov.au
[5]cid:image001.png@01D5A8E1.744710A0
References
Visible links
1. mailto:[FOI #9096 email]
2. mailto:[DVA request email]
3. mailto:[DVA request email]
4. http://www.dva.gov.au/
Good Morning Ms Pane,
Thank you for your email relating to LEX 53928, which was a request for the following:
"This FOI made on 4 July for "copies of all documents held by DVA about the third party consultations carried out in LEX 47267, as well as copy of the LEX entries for LEX 47267, to be provided to me in the form of PDF files sent directly to this email", on which DVA made another third party consultation claim, was required to have a decision given on 2 September.
For the purposes of the FOI Act I want copy of the LEX entries for this FOI of 4 July that has now gone deemed, since DVA has given no explanation for its failure to give decision."
I have had a look at LEX 53928, which was received on 14 September 2022 and finalised on 11 October 2022 within statutory timeframes. LEX entries for LEX 50625 (i.e. the FOI made on 4 July) were provided as requested under LEX 53928 (attached).
Third party consultations were not required to process LEX 53928. Therefore, no third party consultations occurred or were applied for under LEX 53928. The Department did not advise that third party consultations would take place in any correspondence regarding LEX 53928. In addition, no extensions of time for any consultations were applied to process LEX 53928.
I have attached the decision letter for LEX 53928 for your attention.
As such could you please clarify the correct LEX matter you may be referring to, or withdraw your request?
Kind Regards
Sharmila| Information Access Officer
Position 62210944
Information Access Unit I Client Access and Rehab Branch
Client Engage and Support Services Division
Department of Veterans’ Affairs
Tel 1800 VETERAN (1800 838 372)
[DVA request email]
www.dva.gov.au
Good Morning Ms Pane,
I am following up on the below email seeking clarification of the scope of your request which was received on 30 October 2022.
Please respond to this email, clarifying the correct LEX matter you are referring to or if you wish to withdraw this request.
Kind Regards
Sharmila| Information Access Officer
Position 62210944
Information Access Unit I Client Access and Rehab Branch
Client Engage and Support Services Division
Department of Veterans' Affairs
[DVA request email]
www.dva.gov.au
Dear Ms Pane
I am following up on the below email for clarification of the LEX matter you are requesting information/documents containing third party consultation.
As stated in my email of 22/11/2022, third party consultations were not required to process LEX 53928.
Could you Please reply this email to clarify the correct LEX matter (number) you may be referring to, or withdraw your request?
Kind Regards
Sharmila| Information Access Officer
Position 62210944
Information Access Unit I Client Access and Rehab Branch Client Engage and Support Services Division
Department of Veterans' Affairs
Tel 1800 VETERAN (1800 838 372)
[DVA request email]
www.dva.gov.au
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Attn INFORMATION.ACCESS,
Internal review of LEX 53928 required a fresh decision on the following scope of of that foi application:
My foi stated "I want copies of all documents held by DVA about the third party consultations carried out in LEX 47267, as well as copy of the LEX entries for LEX 47267, to be provided to me in the form of PDF files sent directly to this email".
Instead the scope of that foi was unlawfully reduced to just partial copy the LEX entry for LEX 47267.
It is impossible to mistake the internal review of LEX 53928 as being about a new foi for copy of third party consultation in LEX 53928, and yet you have intentionally misrepresented that as being the scope here.
DVA intentionally using a dropbox to hide decisions and documents from public access here on Right to Know whose purpose was to provide an independent disclosure log of fois in the public interest is also inappropriate and unethical.
IC review has been made.
Verity Pane
Attn INFORMATION.ACCESS,
There were 3 fois made on this page to DVA
1) Foi of 4 July - acknowledged 8 July but given no LEX reference in acknowledgement - DVA gave that foi a third party consultation notice on 1 Aug two days before it was due on 3 Aug stating new deadline was 2 Sep - DVA gave no decision by 2 Sep and decision received deemed access refusal - DVA revealed foi had LEX reference number of LEX 50625 on 8 Nov.
2) Foi of 14 Sep - acknowledged late by DVA on 29 Sep contra s 15(5)(a) and again given no LEX reference by DVA in that acknowledgement - access refusal decision published by DVA on 14 Oct on this page with LEX reference 53928 (decision itself backdated to 11 Oct) - Internal review applied for on 30 Oct - Internal review acknowledged with no LEX number given on 3 Nov - internal review received deemed affirmation of access refusal decision on 29 Nov when no decision posted here on Right to Know.
3) Foi of 30 Oct - acknowledged on 2 Nov with LEX reference 54459 given - deemed access refusal 29 Nov when no decision posted on Right to Know
DVA have conflated my fois to intentionally mislead, not helped by DVA only giving one acknowledgment out of four with a LEX reference.
There remains three deemed refusal decisions - LEX 50625, Internal review application of 29 Nov, and LEX 54459 - that DVA remain obliged to publish decisions and their documents here on this page at Right to Know.
Verity
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Dear Ms Pane,
The Office of the Australian Information Commissioner has advised that you
did not receive the released documents in relation to LEX 50625, sent to
you on 12 January 2023. We are therefore re-sending the decision letter
and documents to you – please find these attached.
If possible, please confirm receipt of this email.
Kind regards
Ramona | Assistant Director
Position Number: 62336362
Information Access Unit I Client Access and Rehabilitation Branch
Client Engagement and Support Services Division
Department of Veterans’ Affairs
Tel 1800 838 372 (1800 VETERAN)
e [1][email address]
[2]www.dva.gov.au
[3]cid:image002.png@01D7B6E3.69D49590[4]cid:image003.png@01D7B6E3.69D49590[5]cid:image004.png@01D7B6E3.69D49590[6]cid:image005.png@01D7B6E3.69D49590
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Verity Pane left an annotation ()
The OAIC ridiculously claims I am not the requester for this FOI despite sending me three emails in the last few weeks.
Julie left an annotation ()
This decision is now a deemed refusal Verity