VEA SECT17 Policy Document
Dear Department of Veterans' Affairs,
I request the specific policy document that is issued to officers that are delegated the powers of the Repatriation Commission for the purposes of conducting their duties under VEA s17.
Yours faithfully,
Andrew Greene
Dear Mr Shafran,
FOI 38184 - Acknowledgment
I refer to your request for access to documents held by the Department of
Veterans’ Affairs (Department) under the Freedom of Information Act 1982
(Cth) (FOI Act). Your request was received by the Department on 9
September 2020, and was made in the following terms:
…I request the specific policy document that is issued to officers that
are delegated the powers of the Repatriation Commission for the purposes
of conducting their duties under VEA s17…
The Department has 30 days to finalise your request. The 30 day statutory
timeframe commenced the day after your request was received by the
Department. Ordinarily you should expect a decision from the Department by
9 October 2020.
Interrupted work practices impacted by COVID-19
The Department is continuing to work through its FOI case load as quickly
as possible. However, the Department is and will continue to experience an
interruption in the way it will be able to manage FOI requests. As you are
likely to be aware, COVID-19 (Coronavirus) has been declared a pandemic by
the World Health Organisation. As the Department focuses its efforts on
managing the impact of COVID-19 on its critical services and employees,
other non-critical services may not be delivered within expected
timeframes. It is possible that during this time, business areas that
would ordinarily have capacity to undertake searches and assist in the
processing of FOI requests may not be readily available to provide that
assistance. This may have an impact on the manner and timeframe in which
the Department can process FOI requests.
We apologise for the inconvenience and appreciate your patience and
cooperation during this period.
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.
Communication with you
The FOI Act requires that you provide us with an address which we can send
notices to. You have advised your electronic address is
[1][FOI #6693 email]. We will send all notices
and correspondence to this address. Please advise us if you wish
correspondence to be sent to another address or if your address changes.
If you do not advise us of changes to your address, correspondence and
notices will continue to be sent to the address specified above.
FOI Disclosure log – Publication of documents released under the FOI Act
Please note that information released under the FOI Act may be published
in a disclosure log on the Department’s website at
[2]https://www.dva.gov.au/about-us/overview....
Section 11C of the FOI Act requires this publication, however it is
subject to certain exceptions, including where publication of personal,
business, professional or commercial information would be unreasonable.
When a decision is provided to you, the Department will advise if the
documents released to you will be published on the Department’s FOI
Disclosure log.
Contacting us about your FOI request
We will email again when the Department has more information. Should you
have any enquiries concerning this matter, please send an email to
[3][email address].
Further information on FOI processing can be found at the website of the
OAIC at [4]https://www.oaic.gov.au/freedom-of-infor....
Kind regards,
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
t 1800 555 254 | e [5][email address] | [6]www.dva.gov.au
p GPO Box 9998, Canberra ACT 2601
[7]cid:image001.png@01D0027A.1DAB84F0
P Please consider the environment before printing this email
Dear Mr Shafran,
Thank you for your FOI request 38184 requesting the following:
…I request the specific policy document that is issued to officers that
are delegated the powers of the Repatriation Commission for the purposes
of conducting their duties under VEA s17…
I have discussed this request with the relevant business area, who have
advised the following.
Section 17(1) states:
Where a claim is made for a pension under subsection 14(1), or an
application is made for an increased pension under subsection 15(1) or for
a pension under subsection 15(2), the Secretary shall cause an
investigation to be made into the matters to which the claim or
application relates.
CLIK reflects policy made by DVA and is used in the assessment of claims.
The Compensation Support and Policy Library is a resource within CLIK that
provides policy information delegates can utilise in their investigations
and decision making under the Veterans’ Entitlements Act 1986. The library
includes disability compensation eligibility and an explanation of
disability pension, and the various rates at which it can be paid. The
following is the link to the e Support Policy Library:
[1]https://clik.dva.gov.au/compensation-and...
Delegates refer to the Statements of Principles (SOPs) determined by the
Repatriation Medical Authority (RMA), which are legislative instruments.
The SOPs exclusively state what factors must exist to establish a causal
connection between particular diseases, injuries or death and service.
The SOPs apply to decisions about liability for injuries, diseases and
deaths made under both the Veterans' Entitlements Act 1986 (VEA) and the
Military Rehabilitation and Compensation Act 2004 (MRCA).The RMA SOP’s are
accessible from the following link:
[2]http://www.rma.gov.au/sops/
As the policy document you are seeking is publically available, we would
appreciate if you’d consider withdrawing your FOI request as the links to
the documents have now been provided to you administratively. In the
instance where you choose to not withdraw this request, a decision will be
provided with you with the same links provided. Please provide a response
to how you wish to proceed by COB 2 October 2020.
Thank you in advance.
Happy to discuss should you have any questions.
Kind Regards,
Tayla (Position Number 62217695)
Information Access Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
T: 1800 555 254 | E: [3][email address]
A: GPO Box 9998, Canberra, ACT, 2601 | W: [4]www.dva.gov.au
[5]cid:image001.png@01D0027A.1DAB84F0
P Please consider the environment before printing this email
From: INFORMATION.LAW
Sent: Wednesday, 16 September 2020 4:33 PM
To: [FOI #6693 email]
Cc: INFORMATION.LAW
Subject: FOI 38184 Acknowledgment - Freedom of Information request - VEA
SECT17 Policy Document [TO BE CLASSIFIED] [SEC=OFFICIAL]
Dear Mr Shafran,
FOI 38184 - Acknowledgment
I refer to your request for access to documents held by the Department of
Veterans’ Affairs (Department) under the Freedom of Information Act 1982
(Cth) (FOI Act). Your request was received by the Department on 9
September 2020, and was made in the following terms:
…I request the specific policy document that is issued to officers that
are delegated the powers of the Repatriation Commission for the purposes
of conducting their duties under VEA s17…
The Department has 30 days to finalise your request. The 30 day statutory
timeframe commenced the day after your request was received by the
Department. Ordinarily you should expect a decision from the Department by
9 October 2020.
Interrupted work practices impacted by COVID-19
The Department is continuing to work through its FOI case load as quickly
as possible. However, the Department is and will continue to experience an
interruption in the way it will be able to manage FOI requests. As you are
likely to be aware, COVID-19 (Coronavirus) has been declared a pandemic by
the World Health Organisation. As the Department focuses its efforts on
managing the impact of COVID-19 on its critical services and employees,
other non-critical services may not be delivered within expected
timeframes. It is possible that during this time, business areas that
would ordinarily have capacity to undertake searches and assist in the
processing of FOI requests may not be readily available to provide that
assistance. This may have an impact on the manner and timeframe in which
the Department can process FOI requests.
We apologise for the inconvenience and appreciate your patience and
cooperation during this period.
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.
Communication with you
The FOI Act requires that you provide us with an address which we can send
notices to. You have advised your electronic address is
[6][FOI #6693 email]. We will send all notices
and correspondence to this address. Please advise us if you wish
correspondence to be sent to another address or if your address changes.
If you do not advise us of changes to your address, correspondence and
notices will continue to be sent to the address specified above.
FOI Disclosure log – Publication of documents released under the FOI Act
Please note that information released under the FOI Act may be published
in a disclosure log on the Department’s website at
[7]https://www.dva.gov.au/about-us/overview....
Section 11C of the FOI Act requires this publication, however it is
subject to certain exceptions, including where publication of personal,
business, professional or commercial information would be unreasonable.
When a decision is provided to you, the Department will advise if the
documents released to you will be published on the Department’s FOI
Disclosure log.
Contacting us about your FOI request
We will email again when the Department has more information. Should you
have any enquiries concerning this matter, please send an email to
[8][email address].
Further information on FOI processing can be found at the website of the
OAIC at [9]https://www.oaic.gov.au/freedom-of-infor....
Kind regards,
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
t 1800 555 254 | e [10][email address] |
[11]www.dva.gov.au
p GPO Box 9998, Canberra ACT 2601
[12]cid:image001.png@01D0027A.1DAB84F0
P Please consider the environment before printing this email
Dear Mr Shafran,
As per the below email, could you please advise how you with to proceed
with this matter. As the Department has now provided you with the relevant
information under the administrative access, we would be grateful if you
would consider withdrawing your FOI request.
Noting that the decision for his matter is due on 9 October 2020, we would
appreciate a response by COB Today, 7 October 2020.
Thank you in advance
Kind Regards,
Tayla (Position Number 62217695)
Information Access Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
T: 1800 555 254 | E: [1][email address]
A: GPO Box 9998, Canberra, ACT, 2601 | W: [2]www.dva.gov.au
[3]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.
From: INFORMATION.LAW
Sent: Wednesday, 30 September 2020 10:00 PM
To: [FOI #6693 email]
Cc: INFORMATION.LAW
Subject: RE: FOI 38184 Acknowledgment - Freedom of Information request -
VEA SECT17 Policy Document [TO BE CLASSIFIED] [SEC=OFFICIAL]
Dear Mr Shafran,
Thank you for your FOI request 38184 requesting the following:
…I request the specific policy document that is issued to officers that
are delegated the powers of the Repatriation Commission for the purposes
of conducting their duties under VEA s17…
I have discussed this request with the relevant business area, who have
advised the following.
Section 17(1) states:
Where a claim is made for a pension under subsection 14(1), or an
application is made for an increased pension under subsection 15(1) or for
a pension under subsection 15(2), the Secretary shall cause an
investigation to be made into the matters to which the claim or
application relates.
CLIK reflects policy made by DVA and is used in the assessment of claims.
The Compensation Support and Policy Library is a resource within CLIK that
provides policy information delegates can utilise in their investigations
and decision making under the Veterans’ Entitlements Act 1986. The library
includes disability compensation eligibility and an explanation of
disability pension, and the various rates at which it can be paid. The
following is the link to the e Support Policy Library:
[4]https://clik.dva.gov.au/compensation-and...
Delegates refer to the Statements of Principles (SOPs) determined by the
Repatriation Medical Authority (RMA), which are legislative instruments.
The SOPs exclusively state what factors must exist to establish a causal
connection between particular diseases, injuries or death and service.
The SOPs apply to decisions about liability for injuries, diseases and
deaths made under both the Veterans' Entitlements Act 1986 (VEA) and the
Military Rehabilitation and Compensation Act 2004 (MRCA).The RMA SOP’s are
accessible from the following link:
[5]http://www.rma.gov.au/sops/
As the policy document you are seeking is publically available, we would
appreciate if you’d consider withdrawing your FOI request as the links to
the documents have now been provided to you administratively. In the
instance where you choose to not withdraw this request, a decision will be
provided with you with the same links provided. Please provide a response
to how you wish to proceed by COB 2 October 2020.
Thank you in advance.
Happy to discuss should you have any questions.
Kind Regards,
Tayla (Position Number 62217695)
Information Access Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
T: 1800 555 254 | E: [6][email address]
A: GPO Box 9998, Canberra, ACT, 2601 | W: [7]www.dva.gov.au
[8]cid:image001.png@01D0027A.1DAB84F0
P Please consider the environment before printing this email
From: INFORMATION.LAW
Sent: Wednesday, 16 September 2020 4:33 PM
To: [9][FOI #6693 email]
Cc: INFORMATION.LAW
Subject: FOI 38184 Acknowledgment - Freedom of Information request - VEA
SECT17 Policy Document [TO BE CLASSIFIED] [SEC=OFFICIAL]
Dear Mr Shafran,
FOI 38184 - Acknowledgment
I refer to your request for access to documents held by the Department of
Veterans’ Affairs (Department) under the Freedom of Information Act 1982
(Cth) (FOI Act). Your request was received by the Department on 9
September 2020, and was made in the following terms:
…I request the specific policy document that is issued to officers that
are delegated the powers of the Repatriation Commission for the purposes
of conducting their duties under VEA s17…
The Department has 30 days to finalise your request. The 30 day statutory
timeframe commenced the day after your request was received by the
Department. Ordinarily you should expect a decision from the Department by
9 October 2020.
Interrupted work practices impacted by COVID-19
The Department is continuing to work through its FOI case load as quickly
as possible. However, the Department is and will continue to experience an
interruption in the way it will be able to manage FOI requests. As you are
likely to be aware, COVID-19 (Coronavirus) has been declared a pandemic by
the World Health Organisation. As the Department focuses its efforts on
managing the impact of COVID-19 on its critical services and employees,
other non-critical services may not be delivered within expected
timeframes. It is possible that during this time, business areas that
would ordinarily have capacity to undertake searches and assist in the
processing of FOI requests may not be readily available to provide that
assistance. This may have an impact on the manner and timeframe in which
the Department can process FOI requests.
We apologise for the inconvenience and appreciate your patience and
cooperation during this period.
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.
Communication with you
The FOI Act requires that you provide us with an address which we can send
notices to. You have advised your electronic address is
[10][FOI #6693 email]. We will send all notices
and correspondence to this address. Please advise us if you wish
correspondence to be sent to another address or if your address changes.
If you do not advise us of changes to your address, correspondence and
notices will continue to be sent to the address specified above.
FOI Disclosure log – Publication of documents released under the FOI Act
Please note that information released under the FOI Act may be published
in a disclosure log on the Department’s website at
[11]https://www.dva.gov.au/about-us/overview....
Section 11C of the FOI Act requires this publication, however it is
subject to certain exceptions, including where publication of personal,
business, professional or commercial information would be unreasonable.
When a decision is provided to you, the Department will advise if the
documents released to you will be published on the Department’s FOI
Disclosure log.
Contacting us about your FOI request
We will email again when the Department has more information. Should you
have any enquiries concerning this matter, please send an email to
[12][email address].
Further information on FOI processing can be found at the website of the
OAIC at [13]https://www.oaic.gov.au/freedom-of-infor....
Kind regards,
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
t 1800 555 254 | e [14][email address] |
[15]www.dva.gov.au
p GPO Box 9998, Canberra ACT 2601
[16]cid:image001.png@01D0027A.1DAB84F0
P Please consider the environment before printing this email
Dear Mr Shafran,
Please see attached the Statement of Reasons for FOI 38184.
Kind Regards,
Tayla (Position Number 62217695)
Information Access Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
T: 1800 555 254 | E: [1][email address]
A: GPO Box 9998, Canberra, ACT, 2601 | W: [2]www.dva.gov.au
[3]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.
Dear INFORMATION.LAW,
you appear to have s17 and s19 mixed up, I am after the duties of the representative of the Secretary of the Department of Veterans Affairs, not the Delegate of the Repatriation Commission
Yours sincerely,
Geoff Shafran
** This is an automated response. Please do not reply to this email **
IMPORTANT INFORMATION
Thank you for your email. The Department will take all reasonable efforts
to respond to your email and process your request.
Please note that due the threat of COVID-19 (Coronavirus), the Department
is experiencing a diversion of resources that are critical to managing
Australia’s response. This means we may not be able to process your
request within the expected timeframe and where needed, will be seeking
extensions of time to manage requests and may need to consult with you if
your request is not clear or is for a large and unmanageable number of
documents. The Department remains committed to ensuring it can process as
many information access requests as it can during the pandemic. We ask for
your assistance by only making requests where they are of a priority and
to ensure those requests are as specific as possible.
We apologise for the inconvenience and appreciate your understanding,
cooperation and patience during this difficult time for all Australians.
More detailed messaging can be found on the Department’s website at
[1]https://www.dva.gov.au/newsroom/latest-n....
Kind regards,
Information Law Section
Department of Veterans' Affairs
References
Visible links
1. https://www.dva.gov.au/newsroom/latest-n...
Dear Department of Veterans' Affairs,
the CLIK page you sent me to states "This Part 1 contains the policy information to assist with making decisions whether a veteran has qualifying service and/or eligible service for payment of pensions and other benefits under the VEA".
VEA s17 is nothing to do with making a decision it is a Secretaries (DVA) investigation.
Yours faithfully,
Geoff Shafran
** This is an automated response. Please do not reply to this email **
Thank you for contacting the Department of Veterans’ Affairs.
Your email has been received and will be actioned shortly.
National Information Access Processing
Department of Veterans’ Affairs
Phone: 1800 555 254
[1]www.dva.gov.au/about-us/our-business-reporting/freedom-information
References
Visible links
1. http://www.dva.gov.au/about-us/our-busin...
Dear Mr Shafran,
Please see attached the Statement of Reasons for your Internal Review
38980. Please note that additional links to CLIK’s relevant to your
request are provided within the letter.
Please let me know if you have any questions or concerns.
Kind Regards,
Tayla (Position Number 62217695)
Information Access Officer
Information Law Section
Legal Services and Audit Branch
Department of Veterans’ Affairs
T: 1800 555 254 | E: [1][email address]
A: GPO Box 9998, Canberra, ACT, 2601 | W: [2]www.dva.gov.au
[3]cid:image001.png@01D0027A.1DAB84F0
P Please consider the environment before printing this email