Ward and Centrelink FOI

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 761

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No S2003/591

GENERAL ADMINISTRATIVE  DIVISION		)
Re		MARTIN WARD

Applicant

And CENTRELINK FOI

Respondent

DECISION

Tribunal Senior Member WJF Purcell

Date20 July 2004

PlaceAdelaide

Decision The Tribunal  affirms the decision under review.

(Signed)

WJF PURCELL
  (Senior Member)

4.      On 10 September 2003 the applicant wrote a letter to the Department in the following terms:

“Please explain by which means and process my children mentioned on my pension card no 500-614-635C of 2003 do not appear on my same card and number of 2004.

Please explain by which means and process also with the documents to do so under the Freedom of Information Act that my children became independent of me. My children maybe independent of any parent for I believe the mother my defacto wife has died but as we lived apart I was not notified even though I was the next of kin as per medical records.

Please explain the effect of children in regards to the Social Security Act when children are independent (of parental care without court orders or parental consent).”  [T7/18]

5.      On 12 September 2003 the Freedom of Information Officer refused the applicant’s request for access to documents in respect of the deceased and the placement of the children; but provided the remaining documents.  His letter of advice reads, in part:

“…

I have considered these facts together with subsection 41(1) of the FOI Act, which provides that a document is exempt if its release would involve the unreasonable disclosure of personal information.  Personal information is defined in section 4 of the FOI Act as meaning information about an individual whose identity is apparent, or can reasonably be ascertained from the information.

I the case of a deceased person Centrelink will only release information to the executor of the estate in order for the estate to be finalised.

You have not indicated that you are authorised by the executor of the estate to have access to Colleen Highfold’s information.  It is clear to me that the information concerns another identified individual and, significantly, is not central to any decision on your entitlement under the Social Security Act.

I have taken all of the above matters into consideration and have concluded that to release the information to you would be unreasonable in the circumstances.  For these reasons, the information is exempt under subsection 41(1) of the FOI Act.

As part of your freedom of information request you requested information in relation to the placement of the Highfold/Ward children.  As placement of children upon the death of the custodial parent is not handled by Centrelink you will need to direct your enquiries for this information to the State Government Department of Family and Youths Service.

I have enclosed copies of the Centrelink legislation in respect to Death of a Family Tax Benefit (FTB) recipient.

I have also enclosed a copy of a document from Centrelinks online documentation system dated…