FOI reference: FOI 5166
Kath
Email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Kath
Decision on your Freedom of Information Request
I refer to your request of 29 May 2024, to the Department of Health and Aged Care (the
department), seeking access under the Freedom of Information Act 1982 (Cth) (FOI Act)
to:
All correspondence including briefs, emails, meeting records and any other documents
in the Technology Assessment and Access Division about the waitlist for the Insulin
Pump Program since 1 July 2023.
Clarification/Modification of scope of request
On 21 June 2024, following consultation with you, you agreed to modify the scope of
your request to the following:

‘Performance Reports and correspondence from the IPP administrator that contains
waitlist data since 1 July 2023’.
I am authorised under subsection 23(1) of the FOI Act to make decisions in relation to
Freedom of Information requests. I am writing to notify you of my decision on your
request.
FOI decision
I have identified five documents that are relevant to your request. These documents
were in the possession of the department when your request was received. A schedule
of the documents is at ATTACHMENT A.
I have decided to give access to all five documents in part, subject to the deletion of
exempt and irrelevant material.
Legislative provisions
The FOI Act, including the provisions referred to in my decision, is available on the
Federal Register of Legislation website: www.legislation.gov.au/Series/C2004A02562.


GPO Box 9848 Canberra ACT 2601 - www.health.gov.au

link to page 12

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The Privacy Act 1988 (Cth) (Privacy Act), can also be accessed from the Federal
Register of Legislation website here: www.legislation.gov.au/Series/C2004A03712.
Your review rights
I have set out your review rights at ATTACHMENT C.
Publication
Where I have decided to release documents to you, the department may also publish
the released material on its Disclosure Log. The department will not publish personal
or business affairs information where it would be unreasonable to do so.
For your reference the department’s Disclosure Log can be found at:
www.health.gov.au/resources/foi-disclosure-log.
Contacts
If you require clarification of any matters discussed in this letter you can contact the
FOI Section on (02) 6289 1666 or at xxx@xxxxxx.xxx.xx.
Yours sincerely

Sarah Norris
Assistant Secretary
Pharmacy Branch
26 July 2024

link to page 1 link to page 3 - 3 -
ATTACHMENT A.
SCHEDULE OF DOCUMENTS
FOI 5166

Document  Pages
Date
Description
Decision on access1  Relevant
provisions
of FOI Act
1
71  31/07/2023  Performance Report
  RE
s47
s47E(d)
s47F
2
55  31/01/2024  Performance Report
  RE
s47
s47F
3
2
28/05/2024  Email
  REI
s22
s47F
4
3
21/12/2023  Email
  REI
s22
s47F
5
3
25/01/2024  Email
REI
s22
s47F

1 RE = Release with exempt information deleted, REI = Release with exempt and irrelevant
information deleted.

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ATTACHMENT B.
REASONS FOR DECISION
FOI 5166
1.  Material taken into account
In making my decision, I had regard to the following:
•  the FOI Act
•  guidelines issued by the Australian Information Commissioner under
section 93A of the FOI Act (FOI Guidelines)
•  the terms of your FOI request as outlined above
•  submissions from third parties consulted about documents which contain
information concerning them
•  the content of the documents sought, and
•  advice from departmental officers with responsibility for matters relating to
the documents sought.
2.  Finding of facts and reasons for decision
My findings of fact and reasons for deciding that the exemptions  identified in the
schedule of documents apply to the relevant documents are set out below.
3.  Section 22 – deletion of irrelevant material
Section 22 of the FOI Act applies to documents containing exempt material
(subparagraph (1)(a)(i)) and irrelevant information (subparagraph (1)(a)(ii)) and
allows an agency to delete such material from a document.
I have deleted material in the documents which can reasonably be regarded as
irrelevant to your request and prepared an edited copy for release. This information
has been marked ‘s22’ in the documents released to you.
The documents contain the names and telephone numbers of departmental employees.
When your request was acknowledged, we notified you that this material would be
considered irrelevant to the scope of your request unless you told us that you were
seeking access to that material. On the basis that you did not notify us otherwise, this
information has been deleted under section 22 of the FOI Act as outlined above.

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4.  Section 47E - Documents affecting certain operations of agencies
Section 47E of the FOI Act provides that a document is conditionally exempt if its
disclosure would, or could reasonably be expected to, do any of the following:
(a) prejudice the effectiveness of procedures or methods for the conduct of tests,
examinations or audits by an agency;
(b) prejudice the attainment of the objects of particular tests, examinations or
audits conducted or to be conducted by an agency;
(c) have a substantial adverse effect on the management or assessment of
personnel by the Commonwealth or by an agency;
(d) have a substantial adverse effect on the proper and efficient conduct of the
operations of an agency.
Paragraph 6.84 of the FOI Guidelines states that section 47E conditionally exempts a
document where disclosure would, or could reasonably be expected to, prejudice or
have a substantial adverse effect on certain identified agency operations.
In relation to conditional exemption subsection 47E(d) of the FOI Act, paragraph 6.112
of the FOI Guidelines states:
An agency’s operations may not be substantially adversely affected if the disclosure
would, or could reasonably be expected to lead to a change in the agency’s processes
that would enable those processes to be more efficient.
Paragraph 6.115 of the FOI Guidelines states that the predicted effect must bear on the
department’s ‘proper and efficient’ operations, that is, the department is undertaking
its expected activities in an expected manner. Where disclosure of the documents
reveals unlawful activities or inefficiencies, this element of the conditional exemption
will not be met, and the conditional exemption will not apply.
Document 1 contains  operational information about the administration and
performance of the Insulin Pump Program.
I am satisfied that the parts of the document 1 marked ‘s47E(d)’ contains information
which, if disclosed, would or could reasonably be expected to, have a substantial
adverse effect on the department’s proper and efficient operations. The information in
question relates to contract deliverables and administration of the Insulin Pump
Program  by a third party. If this information were released it could reasonably be
expected to adversely impact the relationship with the supplier and/or impede the
department’s future delivery of the Insulin Pump Program.
I confirm that the information contained in this  document relate to operational
activities being undertaken by the department in an expected and lawful manner, and
that disclosure would not reveal inefficiencies in the way in which the department
conducts those operational activities.
For the reasons outlined above, I have decided that the parts of the document marked
‘s47E(d)’ are conditionally exempt from disclosure under section 47E of the FOI Act.

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Where a document is found to be conditionally exempt, the department must give
access to that document unless access to the document at this time would, on balance,
be contrary to the public interest. I have addressed the public interest considerations
below.
5.  Section 47 - Documents disclosing trade secrets or commercially valuable
information
Subsection 47(1) of the FOI Act provides that a document is an exempt document if its
disclosure would disclose:
(a) trade secrets; or
(b) any other information having a commercial value that would be, or could
reasonably be expected to be, destroyed or diminished if the information
were disclosed.
Commercially valuable information
Paragraphs 5.234 and 5.235 of the FOI Guidelines state:
5.234
To be exempt under s 47(1)(b) a document must satisfy two criteria:
•  the document must contain information that has a commercial value either
to an agency or to another person or body, and
•  the commercial value of the information would be, or could reasonably be
expected to be, destroyed or diminished if it were disclosed
5.235
It is a question of fact whether information has commercial value, and whether
disclosure would destroy or diminish that value. The commercial value may relate, for
example, to the profitability or viability of a continuing business operation or
commercial activity in which an agency or person is involved. The information need not
necessarily have ‘exchange value’, in the sense that it can be sold as a trade secret or
intellectual property. The following factors may assist in deciding in a particular case
whether information has commercial value:
•  whether the information is known only to the agency or person for whom
it has value or, if it is known to others, to what extent that detracts from its
intrinsic commercial value
•  whether the information confers a competitive advantage on the agency or
person to whom it relates — for example, if it lowers the cost of
production or allows access to markets not available to competitors
•  whether a genuine “arm’s-length” buyer would be prepared to pay to
obtain that information
•  whether the information is still current or out of date (out of date
information may no longer have any value), and
•  whether disclosing the information would reduce the value of a business
operation or commercial activity — reflected, perhaps, in a lower share
price.

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I am satisfied that the material marked s47 in the documents 1 and 2:
•  is only known to the department and the affected third party, for whom it has
value
•  is not known to others, and disclosure of the information would detract from
its intrinsic commercial value
•  confers a competitive advantage on the affected third party, and provides the
affected third party with access to markets not available to its competitors
•  is something that a genuine “arm’s length’ buyer would be prepared to pay to
obtain
•  is still current, and retains its intrinsic value to the affected third party
•  would reduce in value to the business operations or commercial activities of
the affected third party if disclosed.
As notified to you on 27 June 2024, in accordance with the obligations under section
27 of the FOI Act, the department has consulted with an affected third party. In making
my decision on access to the relevant documents, I have taken into consideration the
exemption submissions made during that consultation process.
For the reasons outlined above, I have decided that the parts of the documents marked
‘s47’ are exempt from disclosure under section 47 of the FOI Act.
6.  Section 47F – Documents affecting personal privacy
Section  47F of the FOI Act provides that a document is conditionally exempt if its
disclosure would involve the unreasonable disclosure of personal information about
any person (including a deceased person).
Personal Information
Personal information has the same meaning as in the Privacy Act. Specifically,
section 6 of the Privacy Act provides that personal information means information or an
opinion about an identified individual, or an individual who is reasonably identifiable
whether the information or opinion is true or not; and whether the information or
opinion is recorded in a material form or not.
Paragraph 6.123  of the FOI Guidelines states that for particular information to be
personal information, an individual must be identified or reasonably identifiable.
Paragraph 6.125 of the FOI Guidelines states that personal information can include a
person’s name, address, telephone number, date of birth, medical records, bank
account details, taxation information and signature.
An individual is a natural person rather than a corporation, trust, body politic or
incorporated association.

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I am satisfied that parts of the documents marked ‘s47F’ include personal information.
Unreasonable Disclosure of Personal Information
Subsection 47F(2) of the FOI Act provides that in determining whether the disclosure
would involve the unreasonable disclosure of personal information, I must have
regard to the following matters:
(a)  the extent to which the information is well known
(b) whether the person to whom the information relates is known to be (or to have
been) associated with the matters dealt with in the document
(c)  the availability of the information from publicly accessible sources
(d) any other matters that the agency or Minister considers relevant.
Paragraph 6.133 of the FOI Guidelines states that:
The personal privacy exemption is designed to prevent the unreasonable invasion of
third parties’ privacy. The test of ‘unreasonableness’ implies a need to balance the public
interest in disclosure of government-held information and the private interest in the
privacy of individuals. The test does not, however, amount to the public interest test of
s 11A(5), which follows later in the decision making process. It is possible that the
decision maker may need to consider one or more factors twice, once to determine if a
projected effect is unreasonable and again when assessing the public interest balance.
I note that the AAT, in Re Chandra and Minister for Immigration and Ethnic Affairs [1984]
AATA 437 at paragraph 51-52, stated that:
... whether a disclosure is ‘unreasonable’ requires … a consideration of all the
circumstances, including the nature of the information that would be disclosed, the
circumstances in which the information was obtained, the likelihood of the information
being information that the person concerned would not wish to have disclosed without
consent, and whether the information has any current relevance … it is also necessary in
my view to take into consideration the public interest recognised by the Act in the
disclosure of information … and to weigh that interest in the balance against the public
interest in protecting the personal privacy of a third party ...
Paragraphs 6.137 and 6.138 of the FOI Guidelines state:
6.137
Key factors for determining whether disclosure is unreasonable include:
a)  the author of the document is identifiable
b)  the documents contain third party personal information
c)  release of the documents would cause stress on the third party
d)  no public purpose would be achieved through release
6.138
As discussed in the leading s 47F IC review decision of ‘FG’ and National
Archives of Australia [2015] AICmr 26, other factors considered to be relevant include:
•  the nature, age and current relevance of the information
•  any detriment that disclosure may cause to the person to whom the
information relates
•  any opposition to disclosure expressed or likely to be held by that person

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•  the circumstances of an agency’s collection and use of the information
•  the fact that the FOI Act does not control or restrict any subsequent use or
dissemination of information released under the FOI Act
•  any submission an FOI applicant chooses to make in support of their
application as to their reasons for seeking access and their intended or likely
use or dissemination of the information, and
•  whether disclosure of the information might advance the public interest in
government transparency and integrity
Documents 1 and 2 contain testimonials from and data related to a number of children.
Documents 3, 4 and 5 contain the names and personal contact information of a number
of individuals that work for JDRF.
I am satisfied that the disclosure of personal information contained within the
documents  would, in the circumstances, constitute an unreasonable disclosure of
personal information for the following reasons:
•  the individuals whose personal information is contained in documents 1 and 2
are identifiable by name, age, medical information, and connection to medical
programs and/or hospitals
•  release of the medical information contained in documents 1 and 2 would cause
anxiety to the individuals concerned,
•  no further public purpose would be achieved through the release of the
personal information,
•  the information is current and has not lost its sensitivity through the passage of
time,
•  the individuals  concerned  did not consent to and would not expect their
testimonials or medical information to be placed in the public domain,
•  the FOI Act does not control or restrict any subsequent use or dissemination of
information released under the FOI Act, and
•  release of the information would be inconsistent with the objects of the Privacy
Act 1988.
In making my decision, I have consulted with the affected third parties regarding the
disclosure of the personal information contained in documents 3, 4 and 5, and I have
considered any concerns raised by those individuals. Due to the substantial number of
individuals referenced in documents 1 and 2, it has not been reasonably practicable to
undertake section 27A consultations regarding the information contained in these
documents. In deciding that the information is conditionally exempt under section
47F, I have given substantial weight to the objects of the Privacy Act 1988.
For the reasons outlined above, I have decided that the parts of the documents marked
‘s47F’ are conditionally exempt from disclosure under section 47F of the FOI Act.

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Where a document is found to be conditionally exempt, the department must give
access to that document unless access to the document at this time would, on balance,
be contrary to the public interest. I have addressed the public interest considerations
below.
7.  Disclosure is not in the public interest
Pursuant to subsection 11A(5) of the FOI Act, the department must give access to
conditionally exempt documents unless access to the documents at that time would,
on balance, be contrary to the public interest. I have therefore considered whether
disclosure of the documents would be contrary to the public interest.
Factors favouring disclosure
Subsection 11B(3) of the FOI Act provides that factors favouring access to documents
in the public interest include whether access to the documents would do any of the
following:
(a)  promote the objects of the FOI Act (including all matters set out in sections 3
and 3A);
(b)  inform debate on a matter of public importance;
(c)  promote effective oversight of public expenditure;
(d)  allow a person to access his or her own personal information.
Having regard to the above, I consider that disclosure of the conditionally exempt
information at this time:
•  would provide access to documents held by an agency of the Commonwealth
which would promote the objects of the FOI Act by providing the Australian
community with access to information held by the Australian Government.
•  would not inform debate on a matter of public importance
•  would not promote effective oversight of public expenditure, and
•  would allow you access to your own personal information.
Factors weighing against disclosure
I consider that the following public interest factors weigh against disclosure of the
conditionally exempt information at this time, on the basis that disclosure:
s47E(d)
•  could reasonably be expected to prejudice the future administration and supply
of the Insulin Pump Program. If this were to occur, members of the Australian
community could experience difficult accessing necessary medical equipment,
which is against the public interest

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s47F
•  could reasonably be expected to prejudice the protection of the relevant
individuals’ right to personal privacy
•  would not provide you with any further insight into the workings of
government, and
•  would not achieve any  public purpose and, on balance, would harm the
individuals’ right to personal privacy.
In making my decision, I have not taken into account any of the irrelevant factors set
out in subsection 11B(4) of the FOI Act, which are:
(a) access to the document could result in embarrassment to the
Commonwealth Government, or cause a loss of confidence in the
Commonwealth Government;
(b) access to the document could result in any person misinterpreting or
misunderstanding the document;
(c) the author of the document was (or is) of high seniority in the agency to
which the request for access to the document was made;
(d) access to the document could result in confusion or unnecessary debate.
Conclusion
For the reasons set out above, after weighing all public interest factors for and against
disclosure, I have decided that, on balance, disclosure of the conditionally exemption
information would be contrary to the public interest. I am satisfied that the benefit to
the public resulting from disclosure is outweighed by the benefit to the public of
withholding the information.

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ATTACHMENT C.
YOUR REVIEW RIGHTS
If you are dissatisfied with my decision, you may apply for a review.
Internal review
You can request internal review within 30 days of you receiving this decision. An
internal review will be conducted by a different officer from the original decision
maker.
No particular form is required to apply for review although it will assist your case to
set out the grounds on which you believe that the original decision should be changed.
Applications for internal review can be made by:
Email:
xxx@xxxxxx.xxx.xx
Mail:
FOI Unit (MDP 516)
Department of Health and Aged Care
GPO Box 9848
CANBERRA ACT 2601
If you choose to seek an internal review, you will also have a right to apply for
Information Commissioner review (IC review) of the internal review decision once it
has been provided to you.
Information Commissioner review or complaint
You also have the right to seek Information Commissioner (IC) review of this decision.
For FOI applicants, an application for IC review must be made in writing within
60 days of the decision. For third parties who object to disclosure of their information,
an application for IC review must be made in writing within 30 days of the decision.
If you are not satisfied with the way we have handled your FOI request, you can lodge
a complaint with the OAIC. However, the OAIC suggests that complaints are made to
the agency in the first instance.
While there is no particular form required to make a complaint to the OAIC, the
complaint should be in writing and set out the reasons for why you are dissatisfied
with the way your request was processed. It should also identify the Department of
Health and Aged Care as the agency about which you are complaining.
You can make an IC review application or make an FOI complaint in one of the
following ways:
•  online at www.oaic.gov.au/freedom-of-information/reviews-and-
complaints/
•  via email to xxxxx@xxxx.xxx.xx
•  by mail to GPO Box 5218 Sydney NSW 2001, or

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• by fax to 02 9284 9666.
More information about the Information Commissioner reviews and complaints is
available on the OAIC website here: www.oaic.gov.au/freedom-of-information/foi-
review-process.
Complaint
If you are dissatisfied with action taken by the department, you may also make a
complaint directly to the department.
Complaints to the department are covered by the department’s privacy policy. A form
for lodging a complaint directly to the department is available on the department’s
website here: www.health.gov.au/about-us/contact-us/complaints

Document Outline