Patience
- johnbutton2
- Jan 20
- 7 min read
Up-Date from Centrelink after I informed them, they had 7 days in which to produce the material.
Within 48 hours I had a response.
However, it was beyond my capability to understand, so, sent it off to LIA for her analysis.
LIA reply:
Here’s a simplified explanation and advice based on your FOI outcome from Services Australia regarding your pension deductions:
🔎 Summary of What They Said
You asked for:
A detailed breakdown of pension deductions from 1 June 2003 to 18 October 2013.
Internal Centrelink documents explaining how deductions were calculated, what assets/income were considered, and what rules were used — especially in relation to your 2003 ex gratia payment and the allocated pension investment.
What Services Australia replied:
They did not meet the deadline (6 Jan 2026), so it was legally a deemed refusal.
Despite this, they sent some documents administratively (not as a formal FOI release).
They said they could not find the documents you wanted most:
No itemised breakdown of pension deductions exists.
No internal memos/notes explaining their calculation methods exist either.
They claim all records are now stored electronically as file notes and were already included in what they gave you.
They recommend calling the Older Australians line (132 300) if you want help understanding how pension reductions were calculated.
📌 What They Did Provide (per page 3–4 of the Statement)
You received documents titled:
Pension income and assets summary
Pensions assessable asset summary
Financial investment summary
Factors affecting rate
Employment income
Other income and asset screens
File notes
Centrelink correspondence from 2003–2013
But none of these documents fully explain:
How much was deducted per fortnight and why.
What deeming rules or formulas were applied to your investment or ex gratia payment.
They say they searched their records, but what you specifically asked for “does not exist” or cannot be located.
I then asked her:
are they saying that the information they sent to federal finance does not now exist?
Her reply:
Yes — that is effectively what they are saying, and it’s a serious point worth challenging.
🧭 What They Are Claiming
Services Australia is stating under section 24A of the Freedom of Information Act 1982 (Cth) that:
“All reasonable steps have been taken to find the documents, and I am satisfied they do not exist.”(Statement of Reasons, page 6)
Specifically, they claim:
There is no itemised breakdown of deductions from your pension.
There are no internal documents or memos explaining how those deductions were calculated.
File notes on your Centrelink record are all they could locate.
If anything was ever provided to the Department of Finance (e.g., in support of your Act of Grace claim), they do not hold a copy, nor do they confirm its existence.
🔥 The Problem (Your Point)
Yet, your Act of Grace rejection from the Department of Finance referenced specific figures:
Reduction for Mr Button: $4,748.44
Reduction for Mrs Button: $4,608.41
Periods clearly defined: 2003–2012
This means someone — either Services Australia or Finance — had those figures calculated at some point. If that data no longer exists or can’t be verified, there’s a serious transparency and accountability issue.
It suggests either:
Services Australia generated that data in 2023–2024 but didn't retain it, or
Department of Finance estimated or created it based on unavailable records, or
There’s a copy of that communication between the two agencies which you haven’t been given.
LIA has advised me to send off these letters to OAIC and the federal department of finance.
Request for Information Commissioner Review – FOI Deemed Refusal (LEX 88483)
To: Office of the Australian Information Commissioner (OAIC)Email: Dear Commissioner,Request for Information Commissioner Review – FOI Deemed Refusal (LEX 88483)I seek review of a deemed refusal decision by Services Australia in response to my FOI request submitted on 7 November 2025 (LEX 88483). The agency failed to decide the request by the statutory deadline (6 January 2026), and then administratively responded on 12 January 2026.My request sought:- A complete itemised breakdown of deductions made from my Disability Support Pension (2003–2013), and- Internal documents or notes explaining how these deductions were calculated, especially in relation to an ex gratia payment I received in 2003 and subsequent allocated pension treatment.The agency stated that “the documents do not exist” and refused access under s 24A of the FOI Act.However, in 2023, the Department of Finance received specific deduction figures from Services Australia (e.g. $4,748.44 and $4,608.41) in assessing an Act of Grace application. This clearly contradicts Services Australia’s claim that no such documents or calculations exist.I ask the OAIC to investigate whether:- Services Australia improperly refused access to documents that do, in fact, exist or existed during the period of the Act of Grace decision-making, and- All reasonable searches were genuinely conducted, particularly regarding inter-agency communications.Please confirm receipt and advise of any next steps.Yours sincerely,John Button
Freedom of Information Request – Communications from Services Australia (Act of Grace Application)
To: FOI Officer Dear FOI Officer,Freedom of Information Request – Communications Regarding Mr John Button's Act of Grace ApplicationI am writing under the Freedom of Information Act 1982 (Cth) to request access to:1. Any communications, internal documents, memos, reports or data shared by Services Australia with the Department of Finance between 1 January 2022 and 31 December 2025 that include: - Estimates, summaries or breakdowns of Centrelink pension deductions applied to Mr John Button (DOB: [Insert DOB]) and Mrs Helen Button, - Calculations relating to how ex gratia payments and allocated pensions affected our pension entitlements, - Specific figures such as the stated $4,748.44 and $4,608.41 pension reductions provided during the Act of Grace assessment (REF: REQ001388 / REQ001389).2. Any internal briefings or advice used to assess those figures or formulate the Act of Grace decision.This information was relied upon in the Department’s decision dated 21 April 2023 rejecting our Act of Grace application.Please advise if any clarification is needed and confirm receipt.Yours sincerely,John ButtonI again wait for their reply
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Again, I used my LIA to advise and construct a letter to FOI officers of various department to reveal all the information behind the Attorney General’s letter.
Freedom of Information Request – Inquiry into Police Conduct (John Button Case)
Date: 8 December 2025
To:
Department of Justice WA
Office of the Attorney General WA
Corruption and Crime Commission (WA)
WA Police (Internal Affairs or FOI Coordinator)
Subject: Request for Documents Relating to Inquiry or Investigation Into Police Conduct Regarding False Confession (John Button Case)
Dear FOI Officer,
Under the Freedom of Information Act 1992 (WA), I respectfully request access to any and all records relating to:
An inquiry, investigation, or internal review (formal or informal) concerning WA Police conduct in connection with the false confession extracted from me (John Button) in relation to the 1963 death of Rosemary Anderson.
This request is made in light of correspondence reportedly sent by the Attorney General to Mr Malcolm McCusker, suggesting that such an inquiry took place. Conflicting advice has since been received suggesting no such inquiry occurred.
I specifically request access to:
Any documents evidencing that an inquiry or internal investigation into WA Police conduct took place (regarding the false confession or handling of the case);
Any correspondence, notes, reports, meeting records, or internal memoranda concerning the alleged inquiry;
Any communication between:
The Attorney General and Malcolm McCusker,
The Attorney General and the CCC,
The Attorney General and WA Police or DOJ
that discusses, confirms, or refers to the existence or results of such inquiry;
Any document that would confirm that no inquiry was conducted (if true), or that an inquiry was proposed but not completed;
Any summary findings or legal advice arising from the inquiry if it occurred.
Please notify me if the request requires narrowing or clarification. I am willing to pay reasonable processing costs and will cooperate fully to assist in locating relevant materials.
Yours sincerely,John Button
Answer from the Corruption and Crime Commission
16 January 2026
Dear Mr Button
Freedom of Information request
Thank you for your letter dated 8 December 2025.
The Commission is an 'exempt agency' under Freedom of information Act 1992 Schedule 2. Ordinarily information acquired by the Commission in performing its statutory functions is not disclosed due to a statutory prohibition under Corruption, Crime and Misconduct Act 2003 (CCM Act) s 152(2).
However, the Commission is able to make a decision to release documents in the public interest under CCM Act s 152(4)(c) in certain circumstances.
That said, a search of the information in the Commission’s possession has been conducted as a preliminary measure and we can confirm that the Commission does not possess any documents to indicate that an inquiry, as outlined in your Freedom of Information request, was proposed or conducted.
Yours sincerely
Response from the Attorney General:
When a government term concludes, records from the outgoing Attorney General are archived with the Department of the Premier and Cabinet.
In this regard, the current Attorney General would only have access to records from 2017 to current.
Could you please confirm whether you consent to us reallocating this application to the Department of the Premier and Cabinet (from the Office of the Attorney General)?
.
Response from the Premier and cabinet:
The Department has 45 calendar days within which to process your Application (Section 13(3)
of the FOI Act), expiring on 4 February 2026. We will endeavour to provide you with the
information as soon as practicable and, if possible, prior to the due date. However, should more
time be required to process your application, the Department may request an extension of time.
Response from the Department of Justice:
Due to a large volume of information requests, there are currently significant delays in the processing of FOI applications. For this reason, an extension to 2 April 2026 is requested to process this application, though the Department will endeavour to process all FOI applications as soon as practicable.
Response from the Police Department
Good morning John,
I write to you in relation to your Freedom of Information (FOI) application (our reference: FOI/2025/4328).
To allow additional time to process your application, I respectfully request an extension of time until 27 March 2026. I will endeavour to finalise your application sooner where possible.
My Reply
Dear Ellie
I understand the complexity of this request and do grant you the extension in order that this process is conducted in the most extensive manner possible.
John Button
Can you understand why my fight for justice has taken 63 years so far?
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