Appendix viii Information Access Release of Information Authorised by Law
Centrelink releases information to law enforcement agencies and missing persons agencies in the public interest under ministerial guidelines issued in accordance with the Social Security Act 1991.
Centrelink also releases specific information to other government agencies in relation to jointly administered programs. Details of this information are provided on claims and notices issued by Centrelink under Information Privacy Principle 2 of the Privacy Act 1988.
Freedom of Information Practices and Procedures
Centrelink has instituted practices and procedures to improve the access of customers to their records and documents. A wide range of personal information documents are made available to customers outside the formal Freedom of Information (FOI) processes. This has provided a more timely and effective service to customers.
Requests from customers for more detailed documents or those involving third party information are still handled through the normal FOI processes. Decision making expertise and the necessary delegations to make decisions under the Freedom of Information Act 1982 are usually held in Centrelink Area Offices. This provides an effective and expert service to customers.
Each Customer Service Centre has a FOI contact officer, whose main duties include the release of documents outside the formal FOI process, providing advice to customers on how to lodge a formal FOI request, accepting requests, negotiating with customers about requests and providing access to documents. Selected officers in each Area undertake reviews of FOI decisions.
The Privacy and FOI Team in National Support Office manages the FOI function and maintains manuals and instructions. The team develops information guides and training packages for use in Customer Service Centres.
Freedom of Information Request Statistics
During 1999–2000, 6297 requests for access to documents under FOI were received by Centrelink and 6390 requests were answered. This figure includes unfinalised requests from 1998–99. A total of 440 remained outstanding at 30 June 2000. The figure of 6297 represents a decrease of 9 per cent from the previous year.
Of the requests finalised in the period:
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61 per cent resulted in full access to the requested records;
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26 per cent resulted in part access to requested records;
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10 per cent were refused access;
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9 cases were transferred to other agencies; and
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188 cases were withdrawn by the applicant.
Of those applicants granted access, 30 sought an amendment to documents which they believed contained information which was incomplete, incorrect, out of date or misleading.
Of those requests for access under FOI which were finalised during the financial year, 69.5 per cent were finalised within the 30 days permitted. A further 15.8 per cent were finalised within 60 days.
Under the exemption provision of the Freedom of Information Act 1982, Centrelink may refuse to provide access to documents. The majority of exemptions claimed in 1999–2000 were to protect the confidentiality/privacy of third parties or other customers.
Freedom of Information Reviews and Appeals
In the past year, 98 requests were received for an internal review where the applicant was not satisfied with a decision about access. Of the reviews completed at the end of the year, there were 25 matters where access or part access was granted, and 65 where the original decision was affirmed.
Of those where the original decision was affirmed, 17 applicants requested a further review by the Administrative Appeals Tribunal. The result of matters with the Administrative Appeals Tribunal was:
Publication of Certain Documents and Information
Section 8 Freedom of Information Act 1982
Introduction
Section 8 of the Freedom of Information Act 1982 requires the publishing in the annual report of agency statements concerning:
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particulars of the organisational structure and functions indicating decision making powers affecting members of the public;
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arrangements for external input to the decision making process;
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the categories of documents that are maintained by the Agency;
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the facilities in place to assist members of the public to obtain access to documents of the Agency; and
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Information about the procedures in place to assist in providing members of the public access to documents.
Organisational Structure and Functions Statement
Information about the structure, functions and organisation of Centrelink is provided in Chapter 9 Corporate Overview, page 116.
Arrangements for External Individuals and Agencies to Provide Advice to Centrelink
Individuals or organisations outside Centrelink’s administration may express their views about its policy formulation or about its administration of schemes.
This can be done by making representations to the Minister or the CEO or by being invited to serve on committees, working parties or advisory bodies which are established to provide the Minister or the CEO with advice on specific issues and programs.
Centrelink also receives comment and feedback on programs from various focus groups of community members organised by external consultants or Centrelink officers.
Categories of Documents Maintained by Centrelink
Centrelink makes manuals, instructions and guidelines available on request for inspection and purchase by the public. These can be purchased from Centrelink’s Online Reference Unit, Tuggeranong Office Park, Box 7788, Canberra Mail Centre, ACT 2610.
Centrelink has also complied with its obligation under the Freedom of Information Act 1982 to produce and update an index of all manuals and guidelines. The index is available for inspection at an Australian Archives ‘Information Access Office’in all capital cities.
Documents in the Possession of Centrelink
Documents held by Centrelink may be categorised as:
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separate records of decision making bodies such as agenda and minutes;
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separate records of Cabinet matters, including Cabinet submissions and Cabinet minutes;
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general correspondence and associated categories of documents according to subject matter; and
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Documents maintained separately which relate to administrative functions, for example, finance and personnel documents, assets listings and payroll records.
None of these documents are:
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open to the public as part of the public register or otherwise, in accordance with an enactment other than the Freedom of Information Act 1982, where that access is subject to a fee or other charge;
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available for purchase by the public in accordance with arrangements made by Centrelink, with the exception of manuals, instructions or guidelines; or
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Customarily made available to the public other than under the Freedom of Information Act 1982, free of charge on request.
Centrelink officers make forms and leaflets relating to payments and other services freely available to the public.
Centrelink Customer Service Centres have facilities for inspection of documents accessed under the Freedom of Information Act 1982. Agency publications may also be inspected at these locations.
Information on these facilities can be obtained from the FOI Contact Officer in each Customer Service Centre, the FOI Action Officer in each Area Office or from the Business Manager, Privacy and FOI Team,in National Support Office.
Procedures for Gaining Access to Documents
All offices will provide, on request, access to some personal documents held by the office. This is outside of the formal FOI process.
Applications for access to documents under the Freedom of Information Act 1982 must be made by letter, statement or by completing a form. Centrelink has developed FOI request forms available in all customer service delivery offices, to ensure that requests for access to documents are handled quickly.
There are two forms. These are:
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the form I want to access, or change my information about mewhich is used to request access via photocopies or inspection or make changes to documents; and
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The form I want to ask for a Review which is used by applicants to appeal against and request an internal review of a decision about access to documents under Freedom of Information.
These forms have tear off leaflets that explain the FOI process and customer rights. These forms can be filled out in the office, where a FOI Contact Officer is available to assist, or can be posted out on request. Requests made under the Freedom of Information Act 1982 may be lodged at, or posted to, any Centrelink office.
General enquiries about FOI may be directed to the FOI Contact Officer in any Centrelink Customer Service Centre.
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