Understanding the April 2024 Debt Pause Cohort
Dear Services Australia,
This request relates to the cohort of debts 'indirectly' affected by income apportionment. A number of such cases were paused by the Agency in April. I believe at the time, it was 42,000 debts affecting 31,000 people.
I seek the most recent document prepared by the Agency which describes:
- The potential extent and nature of the cohort (breakdown by payment type etc)
- the manner in which income apportionment affected or may have affected the calculation.
This request is in the public interest as it will assist the public to understand what full remediation of income apportionment will actually look like. In 2020, the secondary effects of unlawful robodebt received no systemic remedy, as the Agency chose lowest cost options. With the agency proposed recalculation method now lying under a legal cloud, these documents will assist an improved policy conversation.
Yours faithfully,
Frank N Fearless
Thank you for contacting the Freedom of Information (FOI) team in Services
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This email acknowledges your correspondence and provides some general
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How long do I have to wait?
We are required to answer your request within 30 days unless the time
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Dear Frank N Fearless
Please find attached an acknowledgement letter dated 9 October 2024 in
relation to your request for access to documents under the Freedom of
Information Act 1982.
Yours sincerely,
Molly, Authorised FOI Decision Maker
Freedom of Information and Reviews Branch, Legal Services
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Dear Frank N Fearless
I am writing regarding your request to Services Australia (the Agency),
dated 3 October 2024, for documents under the Freedom of Information Act
1982 (Cth) (FOI Act).
The FOI team is actively engaging with relevant business areas and
reviewing documents within the scope of your FOI request. Unfortunately,
due to Agency workload and the need to undertake further consultations
with relevant business areas, this process will likely take longer than
normal. The Agency will therefore not be in a position to provide you with
an FOI decision by the current due date of 4 November 2024.
The Agency respectfully seeks your written agreement to extend the
processing time by an additional 14 days under section 15AA of the FOI
Act. This would result in a decision being due by 18 November 2023. If we
are able to provide you with a decision sooner, we will do so.
For your action
We would be grateful if you could respond to this email by close of
business Thursday 31 October 2024 to confirm your consent to an extension
of time. If no response is received, we may seek an extension of time from
the Information Commissioner.
We apologise for the delay and thank you for your patience and
understanding as we continue to process your request.
Yours sincerely
Alyssa, Authorised FOI Decision Maker
Freedom of Information and Reviews Branch, Legal Services
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Dear FOI.LEGAL.TEAM,
I'm afraid I can't consent to the extension, so you'll need to check in with OAIC. I asked for *one* document - the most recent document meeting the description I provided. So I felt it was tightly drawn.
The delivery of these documents will now slip past estimates next week which is unfortunate.
Yours sincerely,
Frank N Fearless
Our reference: RQ24/04745
Agency reference: LEX 81846
Services Australia
By email: [1][email address]
Frank N Fearless
By email: [2][FOI #12134 email]
Extension of time under s 15AB
Dear Parties,
Please find attached an extension of time decision relating to FOI request
made by Frank N Fearless to Services Australia.
Kind regards,
[3][IMG] Claire Lynch (she/her)
Assistant Review Adviser
Freedom of Information Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [4][email address]
Please note: The OAIC revised its IC review procedures as of 1 July
2024. For more information about these revised procedures, including new
resources to assist applicants and respondents, see our webpage: [5]OAIC
Information Commissioner Reviews | Procedure Directions
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and their continuing connection to land, waters and communities. We pay
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present.
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References
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Agency Reference: LEX 81846
Dear Office of the Australian Information Commissioner,
Services Australia (the agency) is seeking an extension of time in the
above matter pursuant to section 15AC of the FOI Act. Due to the
Applicant’s unusual email address, we are unable to complete the online
OAIC extension of time request form.
Applicant details
o Name: Frank N Fearless (Right to Know)
o Email address: [1][FOI #12134 email]
o The applicant is not represented.
Extension details
o On 30 October 2024, the agency received the applicant’s FOI request
(Attachment A).
o On 4 November 2024, the statutory time period for processing ended.
o Requested length of extension: 11 days
o New decision due date if extension is granted: 15 November 2024
o On 29 October 2024, the agency approached the applicant an extension
of time under s 15AA of the FOI Act (Attachment B).
o On 30 October 2024, the applicant refused the request for extension of
time under section 15AA of the FOI Act (Attachment B). In their
response, the applicant stated it was unfortunate release of the
documents would slip past Senate Estimates.
o The processing period was not extended as a result of other statutory
provisions, nor is the agency considering to do so.
Work completed to date
o 3 October 2024 - the agency received the applicant’s FOI request.
o 9 October 2024 – acknowledgement letter sent to the applicant.
o 9 October 2024 - search minute sent to the relevant business area with
retrieved documents due on 17 October 2024.
o 21 October 2024 - the FOI team followed up with the relevant business
area.
o 21 October 2024 – search minute returned from the relevant business
area.
o 23 October 2024 – documents sent to Department of Social Services
(DSS) for courtesy consultation.
o 28 October 2024 – courtesy consultation received from DSS.
o 29 October 2024 – sensitivities raised by DSS provided to the relevant
internal business area for advice. The business area provided advice
on the same day.
o 29 October 2024 – the agency contacted the applicant seeking agreement
to a 14-day extension of time under section 15AA of the FOI Act.
o 30 October 2024 - applicant refusing request for an extension of time
under section 15AA of the FOI Act.
Work required to finalise the request
o The agency is waiting on feedback from the relevant SES member (due 13
November 2024). If no comment is received, the request can be
finalised.
Scope and complexity of the request
o The request sought documents relating to debts ‘indirectly’ affected
by income apportionment.
o Two documents (totalling 14 pages) was retrieved.
o The subject matter of the request is sensitive in nature and
appropriate stakeholders needed to be consulted to ensure all
sensitivities were identified.
Other agencies/parties with an interest in the request
o The Department of Social Security was consulted about the documents.
Measures to be taken to ensure decision is made within the period of the
requested extension and to keep the applicant informed of the progress of
the request
o The decision has been prepared and is ready to notify, pending comment
from the relevant SES member of staff.
o The applicant has been cc’d into this email.
We respectfully ask that you please provide us with acknowledgement of
this request by COB Friday 13 November 2024.
Yours sincerely
Tara, Authorised FOI Decision Maker
Freedom of Information and Reviews Branch, Legal Services
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Aligning the bottom of the signature block is the Services Australia
indigenous artwork strip consisting of cultural elements depicting our
agency’s progress story for First Nations people.
Services Australia acknowledges the Traditional Custodians of the lands we
live on. We pay our respects to all Elders, past and present, of all
Aboriginal and Torres Strait Islander nations.
This email and any attachments may contain information subject to legal
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References
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