Ref: LEX-31951
Sam Mostyn
Via emai
l: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Sam Mostyn
Decision on your Freedom of Information request
I refer to your request, dated 17 July 2024 and received by the Department of Agriculture,
Fisheries and Forestry (
department) on 17 July 2024 for access under the
Freedom of
Information Act 1982 (Cth) (
FOI Act) to the following documents:
‘I am requesting the documentation that the DAFF has to demonstrate that the Rabies
lyssavirus exists; transmits from one dog to another dog or human; and causes the
symptoms of the Rabies disease.
The conditions of my request include:
- The documentation must show, via photographic evidence or by other means
deemed valid, the Rabies lyssavirus isolated from all other materials.
- The isolated Rabies lyssavirus exposed to organic living organisms (humans,
dogs, or cell cultures) that was previously uninfected by the Rabies lyssavirus.
- The infected organic living organisms express symptoms of the Rabies disease.
If these conditions cannot be met, I am requesting any documentation that the DAFF has
that demonstrates the existence, transmissibility, and pathogenicity of the Rabies
lyssavirus exists.’
My decision
I have decided to refuse your request for access to documents under section 24A of the FOI Act
on the basis that all reasonable steps have been taken to locate the documents you have
requested and I am satisfied that they cannot be located or do not exist.
Please see
Attachment A for the reasons for my decision.
You can ask for a review of my decision
If you wish to seek an internal review, you must apply to the department within
30 days after
the day you are notified of this decision. An application for internal review must be made in
writing by post to the FOI Officer or emai
l to xxx@xxx.xxx.xx.
Alternatively, you may apply directly to the Office of the Australian Information Commissioner
(
OAIC) to review my decision. An application for review by the Information Commissioner must
T +61 2 6272 3933
Agriculture House, 70
GPO Box 858
agriculture.gov.au
F +61 2 6272 5161
Northbourne Avenue
Canberra ACT 2601
ABN 34 190 894 983
Canberra ACT 2601
be made in writing within
60 days after the day you are notified of this decision. You may apply
for an OAIC review through the following
link. You can also m
ake a complaint to the Information
Commissioner if you have concerns about how the department handled your request.
You can find information about requesting a review, making a complaint, and other information
about FOI on the OAIC websi
te www.oaic.gov.au or phone the OAIC on 1300 363 992.
Further assistance
If you have any questions, please emai
l xxx@xxx.xxx.xx. Yours sincerely
Christopher Starkey
A/g Assistant Secretary
Animal Biosecurity Branch
07 August 2024
Attachment A
REASONS FOR DECISION
What you have requested
‘I am requesting the documentation that the DAFF has to demonstrate that the Rabies
lyssavirus exists; transmits from one dog to another dog or human; and causes the
symptoms of the Rabies disease.
The conditions of my request include:
- The documentation must show, via photographic evidence or by other means
deemed valid, the Rabies lyssavirus isolated from all other materials.
- The isolated Rabies lyssavirus exposed to organic living organisms (humans,
dogs, or cell cultures) that was previously uninfected by the Rabies lyssavirus.
- The infected organic living organisms express symptoms of the Rabies disease.
If these conditions cannot be met, I am requesting any documentation that the DAFF has
that demonstrates the existence, transmissibility, and pathogenicity of the Rabies
lyssavirus exists.’
What I took into account
In reaching my decision, I took into account:
• your original request dated 17 July 2024;
• other correspondence with you on 24 July 2024 and 29 July 2024;
• information about:
o the department’s operating environment and functions;
• guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (
Guidelines); and
• the FOI Act.
Reasons for my decision
I am authorised to make decisions under section 23(1) of the FOI Act.
Section 24A of the FOI Act
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 Department’s Animal Biosecurity Branch conducted searches of the department’s
publications and resources and provided you with information and links to relevant publications
on 24 July 2024. On 29 July 2024 you asked for the FOI request to continue, noting that you were
seeking the scientific documentation that is the foundation of the Department’s rabies risk
management. The Department’s Animal Biosecurity Branch did not identify any further
documents matching the description in your request. I undertook further consultations with this
Branch and was informed that the information you were seeking was in the public domain and
that the Department’s work does not generally involve revisiting early research proving the
existence of the rabies virus. The department’s focus is on issues pertinent to effective and
efficient rabies risk management. In January 2023 the department published a “Review of rabies
virus risk in imported dogs, cats and canine semen from approved countries.” This includes a
comprehensive reference list of research relevant to the issue. The publication is available here:
Review of rabies virus risk in imported dogs, cats and canine semen from approved countries
final report (agriculture.gov.au).
On the basis of these searches, I am satisfied, in accordance with section 24A of the FOI Act, that
all reasonable steps have been taken to find the documents and the documents cannot be located
or do not exist.
