FOI reference: FOI 5247
Deborah May-Torrens
Right to Know
Email via
: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Torrens
Decision on your Freedom of Information Request
I refer to your request of 1 July 2024 which was received on transfer from the National
Indigenous Australians Agency to the Department of Health and Aged Care (the
department), seeking access under the
Freedom of Information Act 1982 (Cth) (FOI Act)
to:
Current data and statistics showing the number of Aboriginal and Torres Strait
Islander's who have been injured, hospitalised, placed on ventilators and died in
connection with or as a result of SARS CoV-2 infection.
Clarification/Modification of scope of request
On 15 July 2024, following consultation with you, you agreed to modify the scope of
your request to the following:
Current data and statistics from 20 March 2020 to 1 July 2024, showing the number of
Aboriginal and Torres Strait Islander's who have been injured, hospitalised, placed
on ventilators and died in connection with or as a result of SARS CoV-2 infection.
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.
Extension of time
On 23 July 2024, the department requested a 14-day extension until 14 August 2024
under section 15AA of the FOI Act. We received agreement from you on 24 July 2024
which therefore extended the statutory due date until 14 August 2024.
Background
GPO Box 9848 Canberra ACT 2601
- www.health.gov.au
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Requests involving computers
Section 17 of the FOI Act provides that an agency can produce a written document
containing the information in discrete form by the use of a computer or other
equipment that is ordinarily available to the agency for retrieving or collating stored
information.
The department is not able to produce a written document containing the
information requested by you pursuant to subsection 17(1)(c)(i) of the FOI Act as the
department does not hold the data covered by the scope of the request.
Rather, the data requested is stored across multiple databases managed either by the
department or by various external stakeholders and would be a substantial and
unreasonable diversion of the resources of the department to collate.
However, the department would like to advise that the National Notifiable Diseases
Surveillance System (NNDSS) coordinates data on over 70 diseases, including
COVID-19, that present a risk to public health in Australia. You may wish to request
data directly from them via email at
: xxxxx.xxxxxxxxxxxx@xxxxxx.xxx.xx.
In addition to the above, there is information available in the public domain in
relation to data regarding COVID-19 statistics that may assist you. This can be
accessed through the following sources:
•
COVID-19 Epidemiology Reports
•
Australian Respiratory Surveillance Reports
•
SPRINT-SARI Australia monthly reports
•
PIM-TS in Australia
FOI decision
The right to request access to a document in accordance with the FOI Act relates to
documents in the possession of the department (section 4 (definition of ‘document of
an agency’) refers).
Section 24A of the FOI Act provides that:
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document, and
(b) the agency or Minister is satisfied that the document:
(i)
is in the agency's or Minister's possession but cannot be found, or
(ii)
does not exist.
The relevant business area within the department have conducted searches of the
department’s information holdings, including TRIM, outlook and relevant data
sources. No documents matching the description in your request were identified as
being in the possession of the department.
link to page 4
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ATTACHMENT A.
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 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
