Post by bear on Apr 11, 2021 15:02:35 GMT 7
G'day all; it's come to my attention that since DHS's rebranding as Services Australia, gaining our files under Freedom of Information has become difficult, if not downright impossible to do; especially in the last six months.
My only advice after reading this post is that should you be in the cohort having difficulties obtaining your files; follow the advice set out below...... remember, the squeaky wheel gets the oil.
There are posts confirming how the that narrative appears to have changed as well as PM's to myself. Below are samples.....
"I have heard from the FOI and they are handballing it to another department as they dont do that anymore!!!!! It seems that it is being handled by the Information Release Team now. Have you ever heard of them? Also in the email from the FOI they said if i was not happy to email them back."
"On the 22nd of January 2021 I requested via email for my complete file. I stated that I wanted it sent to my email and I wanted it for my own reference. I used the instructions and one of the example request formats posted on here but with my own details.
Should I have received a confirmation email?
Still nothing at all regarding the FOI request, not even a confirmation of the request let alone the FOI files.
I called them up last month and they said over the phone that they would not grant such a request because of privacy concerns etc. because it is super private information. I did tell him that I was shown the process of requesting via email and he quickly said hold on i'll transfer you to complaints then that was it, by that time I had already been on the phone for 15-20 minutes so I could not afford to hold on the complaints line for the same time again because I don't have a landline and it's not a toll free call unfortunately."
"I refer to your attached request The Department of Human Services (the department) has administrative access arrangements for the release of certain documents, with customer consent, without the need for a formal FOI request. The documents that you are seeking are routinely available through the department’s Information Release team and your request has been transferred to that team for processing. If you have any questions you can email the Information release team at tpo.consent@humanservices.gov.au
Unless you tell us you are not happy with this arrangement, the FOI record will be closed, noting the request is being handled by the Information Release team."
Note:- Four, possibly five members have had the same letter and two or three eventually got their files after contacting the Information Release Team and having the request redirected to FOI.
"They have narrowed down my FOI request, I was told it’s going to be too much for them to go through and I need to narrow in on what I want from my FOI request so now they have put that I am requesting-
All documents related to rejected disability support pension applications including:
-online document recordings
-letters sent to you
-applications lodged by you
-job capacity assessments."
"They initially flapped around when I requested my file and asked me what I really wanted to know. I told them and was supplied by email on 23/12/2019.
Did you get an FOI/LEX Number regarding your enquiry?
If you requested by email and haven't got that number then I suggest you apply again."
Note:- The two samples above indicate things seemed to be going smoothly prior to December2019-January2020. It was also standard procedure to receive a phone call to advise your application had been received and be given your FOI/LEX Number within two weeks of application
So perhaps it's to do with Covid, perhaps it's to do with using private contractors, perhaps it's changes in legislation since they seem adamant it can no longer be done; though I won't be buying into that easily.
All I can suggest is anyone having difficulties, i.e.; not being advised of your application being received, not receiving an FOI/LEX Number or being told it can no longer be done for any reason whatsoever; REAPPLY!!
If you don't receive confirmation of your application after two weeks; query FOI, then contact your local member!! If it were me I'd be wanting to know why I'm being denied access to my personal files under FOI.
BASIC FORM LETTER:
Dear sir/madam,
This email is a request under the FOI Act to obtain the files outlined below.
My name is Mister Bear and my CRN No. is XXX XXX 246 M and I'm currently in receipt of the AP, OAP, DSP, DSP/UP. I have been in receipt of said payment since XX /03/ 20xx.
I request all files held by Centrelink/Services Australia from xx/xx/xxxx (prior to your DSP application date) to the current date, relating to the application and determination of my current payment.
I may be contacted on 0419 XXX XXX should you wish to clarify anything with myself regarding this application, as well as to advise the receipt of my application and an FOI/LEX Number that has been assigned; along with the name of my CSO.
Kind regards
Mr. Bear.
Email address:- freedomofinformation@servicesaustralia.gov.au
www.servicesaustralia.gov.au/organisations/about-us/access-information/freedom-information
Alternatively, there is a form with .pdf explainer:-
My only advice after reading this post is that should you be in the cohort having difficulties obtaining your files; follow the advice set out below...... remember, the squeaky wheel gets the oil.
There are posts confirming how the that narrative appears to have changed as well as PM's to myself. Below are samples.....
"I have heard from the FOI and they are handballing it to another department as they dont do that anymore!!!!! It seems that it is being handled by the Information Release Team now. Have you ever heard of them? Also in the email from the FOI they said if i was not happy to email them back."
"On the 22nd of January 2021 I requested via email for my complete file. I stated that I wanted it sent to my email and I wanted it for my own reference. I used the instructions and one of the example request formats posted on here but with my own details.
Should I have received a confirmation email?
Still nothing at all regarding the FOI request, not even a confirmation of the request let alone the FOI files.
I called them up last month and they said over the phone that they would not grant such a request because of privacy concerns etc. because it is super private information. I did tell him that I was shown the process of requesting via email and he quickly said hold on i'll transfer you to complaints then that was it, by that time I had already been on the phone for 15-20 minutes so I could not afford to hold on the complaints line for the same time again because I don't have a landline and it's not a toll free call unfortunately."
"I refer to your attached request The Department of Human Services (the department) has administrative access arrangements for the release of certain documents, with customer consent, without the need for a formal FOI request. The documents that you are seeking are routinely available through the department’s Information Release team and your request has been transferred to that team for processing. If you have any questions you can email the Information release team at tpo.consent@humanservices.gov.au
Unless you tell us you are not happy with this arrangement, the FOI record will be closed, noting the request is being handled by the Information Release team."
Note:- Four, possibly five members have had the same letter and two or three eventually got their files after contacting the Information Release Team and having the request redirected to FOI.
"They have narrowed down my FOI request, I was told it’s going to be too much for them to go through and I need to narrow in on what I want from my FOI request so now they have put that I am requesting-
All documents related to rejected disability support pension applications including:
-online document recordings
-letters sent to you
-applications lodged by you
-job capacity assessments."
"They initially flapped around when I requested my file and asked me what I really wanted to know. I told them and was supplied by email on 23/12/2019.
Did you get an FOI/LEX Number regarding your enquiry?
If you requested by email and haven't got that number then I suggest you apply again."
Note:- The two samples above indicate things seemed to be going smoothly prior to December2019-January2020. It was also standard procedure to receive a phone call to advise your application had been received and be given your FOI/LEX Number within two weeks of application
So perhaps it's to do with Covid, perhaps it's to do with using private contractors, perhaps it's changes in legislation since they seem adamant it can no longer be done; though I won't be buying into that easily.
All I can suggest is anyone having difficulties, i.e.; not being advised of your application being received, not receiving an FOI/LEX Number or being told it can no longer be done for any reason whatsoever; REAPPLY!!
If you don't receive confirmation of your application after two weeks; query FOI, then contact your local member!! If it were me I'd be wanting to know why I'm being denied access to my personal files under FOI.
BASIC FORM LETTER:
Dear sir/madam,
This email is a request under the FOI Act to obtain the files outlined below.
My name is Mister Bear and my CRN No. is XXX XXX 246 M and I'm currently in receipt of the AP, OAP, DSP, DSP/UP. I have been in receipt of said payment since XX /03/ 20xx.
I request all files held by Centrelink/Services Australia from xx/xx/xxxx (prior to your DSP application date) to the current date, relating to the application and determination of my current payment.
I may be contacted on 0419 XXX XXX should you wish to clarify anything with myself regarding this application, as well as to advise the receipt of my application and an FOI/LEX Number that has been assigned; along with the name of my CSO.
Kind regards
Mr. Bear.
Email address:- freedomofinformation@servicesaustralia.gov.au
www.servicesaustralia.gov.au/organisations/about-us/access-information/freedom-information
Alternatively, there is a form with .pdf explainer:-