ATTACHMENT B
FOI 25-0019 IR
MR25/00230
From:
FOI
To:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Cc:
FOI
Subject:
Freedom of Information IC review 25-0019 IR - Engagement [SEC=OFFICIAL]
Date:
Friday, 21 February 2025 3:01:20 PM
Attachments:
image001.png
Freedom of Information request - Request for OAIC Review Department of Health FOI request 25-0019
LD.msg
OAIC Response Due 24 March 2025 - MR2500230 - Notice of Information Commissioner review Agency
reference 25-0019 LD SECOFFICIAL.msg
image004.png
Dear Health Anon,
I refer to your application for Information Commissioner review (
IC review) of the
Department of Health and Aged Care’s (
the department) decision dated 8 November
2024 for the FOI request 25-0019 LD IR.
On 10 February 2025, the Office of the Australian Information Commissioner (
OAIC)
notified the department of your request for review – please see
attached.
For the purposes of this IC review, I am the case officer assisting with the department’s
response to OAIC’s request for submissions and I will not be the decision maker.
Background
On 9 January 2025, the department made a decision on internal review to vary its
decision made on 8 November 2024 to:
Grant access to one document in full; and
Grant access to two documents in part, subject to deletion of exempt material.
In your application for IC review of the department’s internal review decision, the
reasons provided for why you sought further review are set out in the
attached email.
You have indicated in the attached email that the department has not provided all the
relevant documents and have made contentions regarding the exemptions that were
applied.
Requirements for parties to engage
As part of the IC review process, the OAIC has directed that the department engage
with you through a phone call or video conference by
24 March 2025 to see if the
matter can be resolved or to narrow the issue in dispute. You are also welcome to let
the department know if you would prefer to engage another way, such as in writing.
Could you please let us know what your preference is to engage with the department by
27 February 2025.
If you fail to participate in the engagement process (without reasonable excuse), the
OAIC may decide to not continue the IC review. This will be on the ground you have
failed to cooperate in progressing the IC review without reasonable excuse. The OAIC
will warn you if we are considering this possibility and give you the opportunity to
respond.
The OAIC expects that you will engage in the IC review process with respect and
courtesy – please see paragraph 2.23 of the Direction as to certain procedures to be
followed by applicants in Information Commissioner reviews.
For more information regarding the requirements to engage, please see here.
Page 1 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
Please let me know if there is any other topic you wish to discuss, or if there a particular
document which you are concerned about and wish to discuss specifically.
I look forward to discussing this matter with you.
Kind regards,
FOI Case Officer – Freedom of Information Section
Advice and Legislation Branch
Legal Division | Corporate Operations Group
Australian Government, Department of Health and Aged Care
T: (02) 6289 1666 | E: xxx@xxxxxx.xxx.xx
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges First Nations peoples as the Traditional Owners of Country
throughout Australia, and their continuing connection to land, sea and community. We pay our respects to them and
their cultures, and to all Elders both past and present.
Page 2 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
From:
Health Anon
To:
FOI
Subject:
Re: Freedom of Information IC review 25-0019 IR - Engagement [SEC=OFFICIAL]
Date:
Friday, 21 February 2025 3:27:31 PM
REMINDER: Think before you click! This email originated from outside our organisation. Only click links or
open attachments if you recognise the sender and know the content is safe.
Dear FOI Case Officer, Department of Health and Aged Care,
My preference is to engage with the Department in writing via the RightToKnow platform.
Thank you.
Yours sincerely,
Health Anon
-----Original Message-----
Dear Health Anon,
I refer to your application for Information Commissioner review (IC
review) of the Department of Health and Aged Care’s (the department)
decision dated 8 November 2024 for the FOI request 25-0019 LD IR.
On 10 February 2025, the Office of the Australian Information Commissioner
(OAIC) notified the department of your request for review – please see
attached.
For the purposes of this IC review, I am the case officer assisting with
the department’s response to OAIC’s request for submissions and I will not
be the decision maker.
Background
On 9 January 2025, the department made a decision on internal review to
vary its decision made on 8 November 2024 to:
o Grant access to one document in full; and
o Grant access to two documents in part, subject to deletion of exempt
material.
In your application for IC review of the department’s internal review
decision, the reasons provided for why you sought further review are set
out in the attached email. You have indicated in the attached email that
the department has not provided all the relevant documents and have made
contentions regarding the exemptions that were applied.
Page 3 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
Requirements for parties to engage
As part of the IC review process, the OAIC has directed that the
department engage with you through a phone call or video conference by 24
March 2025 to see if the matter can be resolved or to narrow the issue in
dispute. You are also welcome to let the department know if you would
prefer to engage another way, such as in writing.
Could you please let us know what your preference is to engage with the
department by 27 February 2025.
If you fail to participate in the engagement process (without reasonable
excuse), the OAIC may decide to not continue the IC review. This will be
on the ground you have failed to cooperate in progressing the IC review
without reasonable excuse. The OAIC will warn you if we are considering
this possibility and give you the opportunity to respond.
The OAIC expects that you will engage in the IC review process with
respect and courtesy – please see paragraph 2.23 of the [1]Direction as to
certain procedures to be followed by applicants in Information
Commissioner reviews.
For more information regarding the requirements to engage, please see
[2]here.
Please let me know if there is any other topic you wish to discuss, or if
there a particular document which you are concerned about and wish to
discuss specifically.
I look forward to discussing this matter with you.
Kind regards,
FOI Case Officer – Freedom of Information Section
Advice and Legislation Branch
Legal Division | Corporate Operations Group
Australian Government, Department of Health and Aged Care
Page 4 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
T: (02) 6289 1666 | E: [3][email address]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges First Nations peoples
as the Traditional Owners of Country throughout Australia, and their
continuing connection to land, sea and community. We pay our respects to
them and their cultures, and to all Elders both past and present.
"Important: This transmission is intended only for the use of the
addressee and may contain confidential or legally privileged information.
If you are not the intended recipient, you are notified that any use or
dissemination of this communication is strictly prohibited. If you
receive this transmission in error please notify the author immediately
and delete all copies of this transmission."
References
Visible links
1. https://www.oaic.gov.au/freedom-of-information/freedom-of-information-guidance-for-government-
agencies/information-commissioner-reviews/direction-as-to-certain-procedures-to-be-followed-by-applicants-
in-information-commissioner-reviews#_ftn11
2. https://www.oaic.gov.au/freedom-of-information/freedom-of-information-guidance-for-government-
agencies/information-commissioner-reviews/direction-as-to-certain-procedures-to-be-followed-by-applicants-
in-information-commissioner-reviews#_ftn11
3. mailto:[email address]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply that you make
will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your
organisation's FOI page.
-------------------------------------------------------------------
Page 5 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
From:
FOI
To:
Health Anon
Subject:
RE: Freedom of Information IC review 25-0019 IR - Engagement [SEC=OFFICIAL]
Date:
Tuesday, 18 March 2025 12:34:06 PM
Attachments:
image001.png
image004.png
Dear Health Anon,
Our reference: FOI 25-0019 LD IR IC
We refer to your email of 21 February 2025 regarding your preference for engagement.
As part of the review process, the department is writing to attempt to resolve or narrow
the issues in dispute in the IC review.
In your application for IC review, you have sought review of the department’s internal
review decision, and the exemptions applied and queried whether you have been given
access to all the relevant documents within your FOI request.
The original decision
On 12 September 2024, you made a request seeking access to the following
documents under the
Freedom of Information Act 1982 (Cth):
All approach to market documents and the department's procurement evaluation
and value for money assessment relating to CN4085822
https://www.tenders.gov.au/Cn/Show/af64de87-4fd4-4b89-825c-2cc0f2978db3
which shows a contract awarded to Accenture for $289,360,500.00 CN ID:
CN4085822
Agency: Department of Health and Aged Care Publish
Date: 5-Aug-2024
Category: Computer services
Contract Period: 2-Jul-2024 to 30-Jun-2026
Contract Value (AUD): $289,360,500.00
Description: ICT Transformation Delivery
Procurement Method: Open tender
On 10 October 2024, the department notified you of third-party consultation under
section 27 of the FOI Act and the statutory timeframe for your request was extended by
30 days making the statutory due date being 11 November 2024.
On 11 November 2024, the department made the decision to grant access to one
document in full and grant access to another document in part.
The internal review decision
On 11 November 2024, you sought internal review of the department’s original decision
on access stating the following:
Can you confirm that the Department had indeed included the full value of
money assessment as within scope of my request, and if not, why not?
Section 22, part 3(b) requires that the grounds for the deletions be provided.
Page 6 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
The decision maker has not provided details as to the criteria used to determine
the remaining 236 pages of the committee approval minute are irrelevant to my
request.
I also find it difficult to believe there are no other documents that relate to this
procurement evaluation held by your department. Would you please confirm why
that is the case.
On 13 December 2024, the department sought an extension of time under section 54D
and were granted an extension of time till 10 January 2025.
On 10 January 2025, the department made a fresh decision to give access to:
one document in full; and
two documents in part, subject to the deletion of exempt material.
The reasons are outlined in the notice of decision dated 9 January 2025.
Engagement on issues raised in your IC review application
Regarding your application to the Information Commissioner for review of FOI 25-0019
LD, we have detailed below the exemptions used and why the exemptions have been
applied.
Following review of your email, if there is anything specific you would like to address,
please let us know.
Removal of certain pages from the documents released
Page
Reason for exempting documents in full
numbers
12-13
Section 47D (financial or property interest of the Commonwealth);
and
Section 47E (certain operations of agencies)
36-47
Section 47(1)(b) (disclosure of documents which have
commercially valuable information)
55-61
Section 42 (disclosure of documents subject to legal professional
privilege
62-115
Section 47C (disclosure of documents containing deliberative
processes)
116-142
47G (Disclosure of documents containing business information)
To resolve the issue of missing pages from the documents released and to assist, the
department would be happy to provide you the complete version of the 271 pages with
the 107 pages (as listed above) redacted in full as indicated in the schedule of
documents..
The application of section 47D and 47G exemptions
Section 47G – business information
Section 47G of the FOI Act conditionally exempts a document if its disclosure under this
Act would disclose information concerning a person in respect of his or her business or
professional affairs or concerning the business, commercial or financial affairs of an
organisation or undertaking, in a case in which the disclosure of the information:
Page 7 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
(a) would, or could reasonably be expected to, unreasonably affect that person
adversely in respect of his or her lawful business or professional affairs or that
organisation or undertaking in respect of its lawful business, commercial or
financial affairs.
Paragraph 6.187 of the Guidelines made under s 93A of the FOI Act (
FOI Guidelines)
states the criteria in s47G(1)(a) requires a balance of interests, including the privacy
interests of the business and other interests such as the public interests.
The department relied upon this exemption on the basis that parts of the document
containing business affairs information relate directly to the profitability and financial
viability of an organisation and does not relate to its private or internal affairs. The
disclosure of such information would have wide consequences in particular information
relating to the unsuccessful applicants (which is not information that is made publicly
available), the pricing and cost of services to the department and the disclosure of the
business affairs of a third party could affect their viability and profitability.
Section 47D – financial or property interests of the Commonwealth or agency
Section 47D of the FOI Act conditionally exempts a document if its disclosure under this
Act would have a substantial adverse effect on the financial or property interests of the
Commonwealth or of an agency.
The FOI Guidelines at paragraphs 6.18 and 6.82 provide:
6.18 The term ‘substantial adverse effect’ broadly means ‘an adverse effect
which is sufficiently serious or significant to cause concern to a properly
concerned reasonable person’. The word ‘substantial’, in the context of
substantial loss or damage has been interpreted as including ‘loss or damage
that is, in the circumstances, real or of substance and insubstantial or nominal’.
6.82 A substantial adverse effect may be indirect. For example, where disclosure
of documents would provide the criteria by which an agency is to assess
tenders, the agency’s financial interest in seeking to obtain the best value for
money through a competitive tendering process may be compromised.
The department relied upon this exemption on the basis that the disclosure of such
documents would have indirect consequences on the operation of the competitive
tendering processes the department undertakes. The information contained within
documents 1 and 2 refer to the information relating the criteria by which the department
assesses tenders, and a disclosure of this information would be detrimental to the
competitive environment of various panel members to aid future negotiations as well as
decrease the department’s ability to negotiate future savings within other contracts.
Public interest test
In considering of the public interest, the information could promote oversight of public
expenditure in parts. However, it is unlikely to provide insight into government
operations as third parties are providing their information of their own businesses and
commercial affairs of day-to-day at detail. On the balance of the public interest, the
factors weight against disclosure to ensure that the department can obtain information
from stakeholders in future to engage in the subject matter.
Narrowing the issues in dispute
In an attempt to resolve or narrow the issues in dispute, can you please advise if you
agree to the following:
with respect to s 47G
Page 8 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
agree that the information is business information
agree that the information is conditionally exempt
agree that the public interest does not, when taken into account, favour
disclosure
with respect to s 47D
agree the information is the financial or property interests of the
commonwealth
agree that the information is conditionally exempt
agree that the public interest does not, when take into account, favour
disclosure.
In addressing the discrepancy between the schedule of documents contained within the
notice and the documents that were disclosed to you as part of the notification of the
internal review decision, the department proposes to provide you with the complete 271
pages noting that 107 of those pages will be blank as these were exempt in full.
We would appreciate a response or any further submissions by Friday 21 March 2025.
Kind regards,
FOI Case Officer – Freedom of Information Section
Advice and Legislation Branch
Legal Division | Corporate Operations Group
Australian Government, Department of Health and Aged Care
T: (02) 6289 1666 | E: xxx@xxxxxx.xxx.xx
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges First Nations peoples as the Traditional Owners of Country
throughout Australia, and their continuing connection to land, sea and community. We pay our respects to them and
their cultures, and to all Elders both past and present.
-----Original Message-----
From: Health Anon <xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Sent: Friday, 21 February 2025 3:27 PM
To: FOI <xxx@xxxxxx.xxx.xx>
Subject: Re: Freedom of Information IC review 25-0019 IR - Engagement [SEC=OFFICIAL]
REMINDER: Think before you click! This email originated from outside our organisation. Only
click links or open attachments if you recognise the sender and know the content is safe.
Dear FOI Case Officer, Department of Health and Aged Care,
My preference is to engage with the Department in writing via the RightToKnow platform.
Thank you.
Yours sincerely,
Health Anon
-----Original Message-----
Page 9 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
Dear Health Anon,
I refer to your application for Information Commissioner review (IC
review) of the Department of Health and Aged Care’s (the department) decision dated 8
November 2024 for the FOI request 25-0019 LD IR.
On 10 February 2025, the Office of the Australian Information Commissioner
(OAIC) notified the department of your request for review – please see attached.
For the purposes of this IC review, I am the case officer assisting with the department’s
response to OAIC’s request for submissions and I will not be the decision maker.
Background
On 9 January 2025, the department made a decision on internal review to vary its decision made
on 8 November 2024 to:
o Grant access to one document in full; and o Grant access to two documents in part, subject to
deletion of exempt material.
In your application for IC review of the department’s internal review decision, the reasons
provided for why you sought further review are set out in the attached email. You have
indicated in the attached email that the department has not provided all the relevant
documents and have made contentions regarding the exemptions that were applied.
Requirements for parties to engage
As part of the IC review process, the OAIC has directed that the department engage with you
through a phone call or video conference by 24 March 2025 to see if the matter can be resolved
or to narrow the issue in dispute. You are also welcome to let the department know if you
would prefer to engage another way, such as in writing.
Could you please let us know what your preference is to engage with the department by 27
Page 10 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
February 2025.
If you fail to participate in the engagement process (without reasonable excuse), the OAIC may
decide to not continue the IC review. This will be on the ground you have failed to cooperate in
progressing the IC review without reasonable excuse. The OAIC will warn you if we are
considering this possibility and give you the opportunity to respond.
The OAIC expects that you will engage in the IC review process with respect and courtesy –
please see paragraph 2.23 of the [1]Direction as to certain procedures to be followed by
applicants in Information Commissioner reviews.
For more information regarding the requirements to engage, please see [2]here.
Please let me know if there is any other topic you wish to discuss, or if there a particular
document which you are concerned about and wish to discuss specifically.
I look forward to discussing this matter with you.
Kind regards,
FOI Case Officer – Freedom of Information Section
Advice and Legislation Branch
Legal Division | Corporate Operations Group
Australian Government, Department of Health and Aged Care
T: (02) 6289 1666 | E: [3][email address]
PO Box 9848, Canberra ACT 2601, Australia
Page 11 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
The Department of Health and Aged Care acknowledges First Nations peoples as the Traditional
Owners of Country throughout Australia, and their continuing connection to land, sea and
community. We pay our respects to them and their cultures, and to all Elders both past and
present.
"Important: This transmission is intended only for the use of the addressee and may contain
confidential or legally privileged information. If you are not the intended recipient, you are
notified that any use or dissemination of this communication is strictly prohibited. If you receive
this transmission in error please notify the author immediately and delete all copies of this
transmission."
References
Visible links
1. https://www.oaic.gov.au/freedom-of-information/freedom-of-information-guidance-for-
government-agencies/information-commissioner-reviews/direction-as-to-certain-procedures-to-
be-followed-by-applicants-in-information-commissioner-reviews#_ftn11
2. https://www.oaic.gov.au/freedom-of-information/freedom-of-information-guidance-for-
government-agencies/information-commissioner-reviews/direction-as-to-certain-procedures-to-
be-followed-by-applicants-in-information-commissioner-reviews#_ftn11
3. mailto:[email address]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply
that you make will be published on the internet. More information on how Right to Know works
can be found at:
https://www.righttoknow.org.au/help/officers
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from
your organisation's FOI page.
-------------------------------------------------------------------
Page 12 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
From:
Health Anon
To:
FOI
Subject:
RE: Freedom of Information IC review 25-0019 IR - Engagement [SEC=OFFICIAL]
Date:
Tuesday, 18 March 2025 3:44:40 PM
REMINDER: Think before you click! This email originated from outside our organisation. Only click links or
open attachments if you recognise the sender and know the content is safe.
Dear FOI,
First, thank you for confirming which specific exemptions were applied to exempt 107 pages from release
following your internal review, I don’t think the breakdown was previously provided.
Unfortunately, this breakdown now strengthens my desire for OAIC review - I had previously thought those
pages were inadvertently not included, not deliberately exempted. This reduces my confidence in the
Department’s application of the FOI process.
For example, in regards to the Department’s application of Section 47G exemptions, I note that you state “The
department relied upon this exemption on the basis that parts of the document containing business affairs
information relate directly to the profitability and financial viability of an organisation and does not relate to its
private or internal affairs.”
Yet you have excluded hundreds of pages of documents, not “parts of the document”. I do not have confidence
that the Department is an objective decision maker, hence why I have sought OAIC review.
I reiterate my request for OAIC review was specific about the exemptions I am asking to be reviewed:
s47G (Business Affairs): Specifically concerning the "Benefit to Australian Economy" section. My core
argument is that this section shouldn't relate to third-party business interests, but rather to a broader economic
assessment, and therefore, it should not be exempt. You have not addressed my argument on this.
s47D (Financial or property interests of the Commonwealth): Regarding savings and pricing information - my
core argument is that transparency in this area would support, not hinder, future value for money. You have not
addressed my argument on this.
You also fails to address my request for review around public interest arguments:
The argument that releasing the "Benefit to Australian Economy" assessment would strengthen future
procurement processes and therefore be in the public interest.
My contention is that disclosure would inform debate on matters of public importance beyond just oversight of
public expenditure, including potential corruption and maladministration (citing the Saturday Paper article).
I also contend that the Department has incorrectly weighed the public interest factors, and that it is three out of
four, not two out of four.
Finally, you state that on the Public interest test, “the information could promote oversight of public expenditure
in parts. However, it is unlikely to provide insight into government operations as third parties are providing
their information of their own businesses and commercial affairs of day-to-day at detail. On the balance of the
public interest, the factors weight against disclosure to ensure that the department can obtain information from
stakeholders in future to engage in the subject matter.”
This assertion drastically understates the significant public interest at stake and misapplies the balancing
required by the FOI Act.
I believe the Department's reasoning is deficient for at least the following reasons:
Magnitude of Public Expenditure: The Department minimizes the critical context: this procurement involves
nearly $300 million of public funds. The sheer scale of this expenditure inherently elevates the public interest in
transparency and accountability. The public has a right to understand how such a substantial sum is being spent
Page 13 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
and whether value for money is being achieved. This is not a minor transaction; it is a major commitment of
taxpayer resources.
Details of the successful tenderers business that are included in the Departments consideration when awarding
this tender are therefore strongly relevant to the public interest - if the department considered hundreds of pages
of detail on the internal affairs of a private company as being key to the value for money assessment, the public
has a strong interest in scrutinising the same details, in my opinion.
Value for Money Justification: The core of the public interest lies in understanding the value for money
assessment for this significant procurement. The Department's claim that the information primarily relates to the
'commercial affairs' of third parties is a misdirection. While the tender process undoubtedly involves
commercial information, the government's assessment of that information, and its justification for awarding the
contract, is squarely a matter of public interest. The FOI Act is intended to provide access to information about
government decision-making, not just the raw data provided by third parties. The analysis and justification for
spending $300 million are of paramount public concern.
Promoting Efficient Procurement (Deterrent Effect): The Department's argument that disclosure would hinder
future engagement with stakeholders is speculative and unsupported. Conversely, increased transparency is
likely to enhance, not diminish, the integrity and efficiency of future procurement processes. The knowledge
that value-for-money assessments will be subject to public scrutiny creates a powerful incentive for both
government agencies and potential suppliers to act with the utmost diligence and integrity. This deterrent effect
against potential waste, inefficiency, or even impropriety is a crucial aspect of the public interest. Transparency
fosters accountability and encourages best practices, and this is a key tenet of why the FOI act exists.
Misapplication of the Balancing Test: The Department appears to have focused solely on the potential harm to
third parties' commercial interests, without adequately weighing the substantial public benefit of transparency in
this case. The public interest test requires a genuine balancing of all relevant factors, not simply a prioritization
of commercial confidentiality. The Department's conclusion that the factors "weigh against disclosure" is
unsupported by a rigorous analysis of the competing interests.
For these reasons, I do not agree to any narrowing of request for OAIC review.
Yours sincerely,
Health Anon
-----Original Message-----
Dear Health Anon,
Our reference: FOI 25-0019 LD IR IC
We refer to your email of 21 February 2025 regarding your preference for
engagement.
As part of the review process, the department is writing to attempt to
resolve or narrow the issues in dispute in the IC review.
In your application for IC review, you have sought review of the
department’s internal review decision, and the exemptions applied and
queried whether you have been given access to all the relevant documents
within your FOI request.
Page 14 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
The original decision
On 12 September 2024, you made a request seeking access to the following
documents under the Freedom of Information Act 1982 (Cth):
All approach to market documents and the department's procurement
evaluation and value for money assessment relating to CN4085822
[1]https://www.tenders.gov.au/Cn/Show/af64de87-4fd4-4b89-825c-2cc0f2978db3
which shows a contract awarded to Accenture for $289,360,500.00 CN ID:
CN4085822
Agency: Department of Health and Aged Care Publish
Date: 5-Aug-2024
Category: Computer services
Contract Period: 2-Jul-2024 to 30-Jun-2026
Contract Value (AUD): $289,360,500.00
Description: ICT Transformation Delivery
Procurement Method: Open tender
On 10 October 2024, the department notified you of third-party
consultation under section 27 of the FOI Act and the statutory timeframe
for your request was extended by 30 days making the statutory due date
being 11 November 2024.
On 11 November 2024, the department made the decision to grant access to
one document in full and grant access to another document in part.
The internal review decision
On 11 November 2024, you sought internal review of the department’s
original decision on access stating the following:
Can you confirm that the Department had indeed included the full value of
money assessment as within scope of my request, and if not, why not?
Page 15 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
Section 22, part 3(b) requires that the grounds for the deletions be
provided.
The decision maker has not provided details as to the criteria used to
determine the remaining 236 pages of the committee approval minute are
irrelevant to my request.
I also find it difficult to believe there are no other documents that
relate to this procurement evaluation held by your department. Would you
please confirm why that is the case.
On 13 December 2024, the department sought an extension of time under
section 54D and were granted an extension of time till 10 January 2025.
On 10 January 2025, the department made a fresh decision to give access
to:
o one document in full; and
o two documents in part, subject to the deletion of exempt material.
The reasons are outlined in the notice of decision dated 9 January 2025.
Engagement on issues raised in your IC review application
Regarding your application to the Information Commissioner for review of
FOI 25-0019 LD, we have detailed below the exemptions used and why the
exemptions have been applied.
Following review of your email, if there is anything specific you would
like to address, please let us know.
Removal of certain pages from the documents released
+------------------------------------------------------------------------+
|Page numbers|Reason for exempting documents in full |
|------------+-----------------------------------------------------------|
| 12-13 |Section 47D (financial or property interest of the|
| |Commonwealth); and |
Page 16 of 33
ATTACHMENT B
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| | |
| |Section 47E (certain operations of agencies) |
|------------+-----------------------------------------------------------|
| 36-47 |Section 47(1)(b) (disclosure of documents which have|
| |commercially valuable information) |
|------------+-----------------------------------------------------------|
| 55-61 |Section 42 (disclosure of documents subject to legal|
| |professional privilege |
|------------+-----------------------------------------------------------|
| 62-115 |Section 47C (disclosure of documents containing|
| |deliberative processes) |
|------------+-----------------------------------------------------------|
| 116-142 |47G (Disclosure of documents containing business|
| |information) |
+------------------------------------------------------------------------+
To resolve the issue of missing pages from the documents released and to
assist, the department would be happy to provide you the complete version
of the 271 pages with the 107 pages (as listed above) redacted in full as
indicated in the schedule of documents..
The application of section 47D and 47G exemptions
Section 47G – business information
Section 47G of the FOI Act conditionally exempts a document if its
disclosure under this Act would disclose information concerning a person
in respect of his or her business or professional affairs or concerning
the business, commercial or financial affairs of an organisation or
undertaking, in a case in which the disclosure of the information:
(a) would, or could reasonably be expected to, unreasonably affect that
person adversely in respect of his or her lawful business or professional
affairs or that organisation or undertaking in respect of its lawful
business, commercial or financial affairs.
Paragraph 6.187 of the Guidelines made under s 93A of the FOI Act (FOI
Guidelines) states the criteria in s47G(1)(a) requires a balance of
interests, including the privacy interests of the business and other
interests such as the public interests.
The department relied upon this exemption on the basis that parts of the
document containing business affairs information relate directly to the
profitability and financial viability of an organisation and does not
relate to its private or internal affairs. The disclosure of such
information would have wide consequences in particular information
relating to the unsuccessful applicants (which is not information that is
made publicly available), the pricing and cost of services to the
department and the disclosure of the business affairs of a third party
Page 17 of 33
ATTACHMENT B
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MR25/00230
could affect their viability and profitability.
Section 47D – financial or property interests of the Commonwealth or
agency
Section 47D of the FOI Act conditionally exempts a document if its
disclosure under this Act would have a substantial adverse effect on the
financial or property interests of the Commonwealth or of an agency.
The FOI Guidelines at paragraphs 6.18 and 6.82 provide:
6.18 The term ‘substantial adverse effect’ broadly means ‘an adverse
effect which is sufficiently serious or significant to cause concern to a
properly concerned reasonable person’. The word ‘substantial’, in the
context of substantial loss or damage has been interpreted as including
‘loss or damage that is, in the circumstances, real or of substance and
insubstantial or nominal’.
6.82 A substantial adverse effect may be indirect. For example, where
disclosure of documents would provide the criteria by which an agency is
to assess tenders, the agency’s financial interest in seeking to obtain
the best value for money through a competitive tendering process may be
compromised.
The department relied upon this exemption on the basis that the disclosure
of such documents would have indirect consequences on the operation of the
competitive tendering processes the department undertakes. The information
contained within documents 1 and 2 refer to the information relating the
criteria by which the department assesses tenders, and a disclosure of
this information would be detrimental to the competitive environment of
various panel members to aid future negotiations as well as decrease the
department’s ability to negotiate future savings within other contracts.
Public interest test
In considering of the public interest, the information could promote
oversight of public expenditure in parts. However, it is unlikely to
provide insight into government operations as third parties are providing
their information of their own businesses and commercial affairs of
day-to-day at detail. On the balance of the public interest, the factors
weight against disclosure to ensure that the department can obtain
information from stakeholders in future to engage in the subject matter.
Narrowing the issues in dispute
In an attempt to resolve or narrow the issues in dispute, can you please
Page 18 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
advise if you agree to the following:
o with respect to s 47G
o agree that the information is business information
o agree that the information is conditionally exempt
o agree that the public interest does not, when taken into account,
favour disclosure
o with respect to s 47D
o agree the information is the financial or property interests of
the commonwealth
o agree that the information is conditionally exempt
o agree that the public interest does not, when take into account,
favour disclosure.
In addressing the discrepancy between the schedule of documents contained
within the notice and the documents that were disclosed to you as part of
the notification of the internal review decision, the department proposes
to provide you with the complete 271 pages noting that 107 of those pages
will be blank as these were exempt in full.
We would appreciate a response or any further submissions by Friday 21
March 2025.
Kind regards,
FOI Case Officer – Freedom of Information Section
Advice and Legislation Branch
Legal Division | Corporate Operations Group
Australian Government, Department of Health and Aged Care
T: (02) 6289 1666 | E: [2][email address]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges First Nations peoples
as the Traditional Owners of Country throughout Australia, and their
continuing connection to land, sea and community. We pay our respects to
them and their cultures, and to all Elders both past and present.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Page 19 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
This request has been made by an individual using Right to Know. This message and any reply that you make
will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your
organisation's FOI page.
-------------------------------------------------------------------
Page 20 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
From:
FOI
To:
Health Anon
Subject:
Freedom of Information IC review 25-0019 IR - Seeking clarification [SEC=OFFICIAL]
Date:
Friday, 21 March 2025 3:21:53 PM
Attachments:
image001.png
image003.png
Dear Health Anon,
Department reference: FOI 25-0019 IR IC
OAIC reference: MR25/00230
Thank you for your email.
The Department of Health and Aged Care (
the department) appreciates engagement
to date regarding your Information Commissioner MR25/00230 (
IC review) (FOI 25-
0019 IR IC).
We wish to advise the Office of the Australian Information Commissioner has granted
the department an extension of time to Wednesday 2 April 2025 to provide submissions.
The department has noted the contentions you have raised in your email of 18 March
2025 and your IC review application dated 4 February 2025. We will consider your
contentions in the department’s submissions.
For the purposes of narrowing the issues in dispute in the IC review, we are seeking
clarification of the issues in dispute with your internal review. Can you please clarify
whether:
1. you are seeking review of the material that has been conditionally exempt under
sections 47D and 47G of the FOI Act; or
2. you are seeking review of the other exemptions that were relied upon in the
department’s internal review decision and if so, we would appreciate any
comments you may have.
We would appreciate a response by Monday 24 March 2025.
We thank you for your cooperation and look forward to hearing from you.
Kind regards,
FOI Case Officer – Freedom of Information Section
Legal Advice and Legislation Branch
Legal Division | Corporate Operations Group
Australian Government, Department of Health and Aged Care
T: (02) 6289 1666 | E: xxx@xxxxxx.xxx.xx
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges First Nations peoples as the Traditional Owners of Country
throughout Australia, and their continuing connection to land, sea and community. We pay our respects to them and
their cultures, and to all Elders both past and present.
-----Original Message-----
From: Health Anon <xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Page 21 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
Sent: Tuesday, 18 March 2025 3:44 PM
To: FOI <xxx@xxxxxx.xxx.xx>
Subject: RE: Freedom of Information IC review 25-0019 IR - Engagement [SEC=OFFICIAL]
REMINDER: Think before you click! This email originated from outside our organisation. Only
click links or open attachments if you recognise the sender and know the content is safe.
Dear FOI,
First, thank you for confirming which specific exemptions were applied to exempt 107 pages
from release following your internal review, I don’t think the breakdown was previously
provided.
Unfortunately, this breakdown now strengthens my desire for OAIC review - I had previously
thought those pages were inadvertently not included, not deliberately exempted. This reduces
my confidence in the Department’s application of the FOI process.
For example, in regards to the Department’s application of Section 47G exemptions, I note that
you state “The department relied upon this exemption on the basis that parts of the document
containing business affairs information relate directly to the profitability and financial viability of
an organisation and does not relate to its private or internal affairs.”
Yet you have excluded hundreds of pages of documents, not “parts of the document”. I do not
have confidence that the Department is an objective decision maker, hence why I have sought
OAIC review.
I reiterate my request for OAIC review was specific about the exemptions I am asking to be
reviewed:
s47G (Business Affairs): Specifically concerning the "Benefit to Australian Economy" section. My
core argument is that this section shouldn't relate to third-party business interests, but rather to
a broader economic assessment, and therefore, it should not be exempt. You have not
addressed my argument on this.
s47D (Financial or property interests of the Commonwealth): Regarding savings and pricing
information - my core argument is that transparency in this area would support, not hinder,
future value for money. You have not addressed my argument on this.
You also fails to address my request for review around public interest arguments:
The argument that releasing the "Benefit to Australian Economy" assessment would strengthen
future procurement processes and therefore be in the public interest.
My contention is that disclosure would inform debate on matters of public importance beyond
just oversight of public expenditure, including potential corruption and maladministration (citing
the Saturday Paper article).
I also contend that the Department has incorrectly weighed the public interest factors, and that
it is three out of four, not two out of four.
Page 22 of 33
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Finally, you state that on the Public interest test, “the information could promote oversight of
public expenditure in parts. However, it is unlikely to provide insight into government operations
as third parties are providing their information of their own businesses and commercial affairs of
day-to-day at detail. On the balance of the public interest, the factors weight against disclosure
to ensure that the department can obtain information from stakeholders in future to engage in
the subject matter.”
This assertion drastically understates the significant public interest at stake and misapplies the
balancing required by the FOI Act.
I believe the Department's reasoning is deficient for at least the following reasons:
Magnitude of Public Expenditure: The Department minimizes the critical context: this
procurement involves nearly $300 million of public funds. The sheer scale of this expenditure
inherently elevates the public interest in transparency and accountability. The public has a right
to understand how such a substantial sum is being spent and whether value for money is being
achieved. This is not a minor transaction; it is a major commitment of taxpayer resources.
Details of the successful tenderers business that are included in the Departments consideration
when awarding this tender are therefore strongly relevant to the public interest - if the
department considered hundreds of pages of detail on the internal affairs of a private company
as being key to the value for money assessment, the public has a strong interest in scrutinising
the same details, in my opinion.
Value for Money Justification: The core of the public interest lies in understanding the value for
money assessment for this significant procurement. The Department's claim that the
information primarily relates to the 'commercial affairs' of third parties is a misdirection. While
the tender process undoubtedly involves commercial information, the government's assessment
of that information, and its justification for awarding the contract, is squarely a matter of public
interest. The FOI Act is intended to provide access to information about government decision-
making, not just the raw data provided by third parties. The analysis and justification for
spending $300 million are of paramount public concern.
Promoting Efficient Procurement (Deterrent Effect): The Department's argument that disclosure
would hinder future engagement with stakeholders is speculative and unsupported. Conversely,
increased transparency is likely to enhance, not diminish, the integrity and efficiency of future
procurement processes. The knowledge that value-for-money assessments will be subject to
public scrutiny creates a powerful incentive for both government agencies and potential
suppliers to act with the utmost diligence and integrity. This deterrent effect against potential
waste, inefficiency, or even impropriety is a crucial aspect of the public interest. Transparency
fosters accountability and encourages best practices, and this is a key tenet of why the FOI act
exists.
Misapplication of the Balancing Test: The Department appears to have focused solely on the
potential harm to third parties' commercial interests, without adequately weighing the
substantial public benefit of transparency in this case. The public interest test requires a genuine
balancing of all relevant factors, not simply a prioritization of commercial confidentiality. The
Page 23 of 33
ATTACHMENT B
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MR25/00230
Department's conclusion that the factors "weigh against disclosure" is unsupported by a rigorous
analysis of the competing interests.
For these reasons, I do not agree to any narrowing of request for OAIC review.
Yours sincerely,
Health Anon
-----Original Message-----
Dear Health Anon,
Our reference: FOI 25-0019 LD IR IC
We refer to your email of 21 February 2025 regarding your preference for engagement.
As part of the review process, the department is writing to attempt to resolve or narrow the
issues in dispute in the IC review.
In your application for IC review, you have sought review of the department’s internal review
decision, and the exemptions applied and queried whether you have been given access to all the
relevant documents within your FOI request.
The original decision
On 12 September 2024, you made a request seeking access to the following documents under
the Freedom of Information Act 1982 (Cth):
All approach to market documents and the department's procurement evaluation and value for
money assessment relating to CN4085822
[1]https://www.tenders.gov.au/Cn/Show/af64de87-4fd4-4b89-825c-2cc0f2978db3
which shows a contract awarded to Accenture for $289,360,500.00 CN ID:
CN4085822
Page 24 of 33
ATTACHMENT B
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MR25/00230
Agency: Department of Health and Aged Care Publish
Date: 5-Aug-2024
Category: Computer services
Contract Period: 2-Jul-2024 to 30-Jun-2026
Contract Value (AUD): $289,360,500.00
Description: ICT Transformation Delivery
Procurement Method: Open tender
On 10 October 2024, the department notified you of third-party consultation under section 27
of the FOI Act and the statutory timeframe for your request was extended by 30 days making
the statutory due date being 11 November 2024.
On 11 November 2024, the department made the decision to grant access to one document in
full and grant access to another document in part.
The internal review decision
On 11 November 2024, you sought internal review of the department’s original decision on
access stating the following:
Can you confirm that the Department had indeed included the full value of money assessment
as within scope of my request, and if not, why not?
Section 22, part 3(b) requires that the grounds for the deletions be provided.
The decision maker has not provided details as to the criteria used to determine the remaining
236 pages of the committee approval minute are irrelevant to my request.
Page 25 of 33
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I also find it difficult to believe there are no other documents that relate to this procurement
evaluation held by your department. Would you please confirm why that is the case.
On 13 December 2024, the department sought an extension of time under section 54D and
were granted an extension of time till 10 January 2025.
On 10 January 2025, the department made a fresh decision to give access to:
o one document in full; and
o two documents in part, subject to the deletion of exempt material.
The reasons are outlined in the notice of decision dated 9 January 2025.
Engagement on issues raised in your IC review application
Regarding your application to the Information Commissioner for review of FOI 25-0019 LD, we
have detailed below the exemptions used and why the exemptions have been applied.
Following review of your email, if there is anything specific you would like to address, please let
us know.
Removal of certain pages from the documents released
+------------------------------------------------------------------------+
|Page numbers|Reason for exempting documents in full | |------------+----------------------------------
-------------------------|
| 12-13 |Section 47D (financial or property interest of the| | |Commonwealth); and | | | | |
|Section 47E (certain operations of agencies) | |------------+-------------------------------------------------
----------|
| 36-47 |Section 47(1)(b) (disclosure of documents which have| | |commercially valuable
Page 26 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
information) | |------------+-----------------------------------------------------------|
| 55-61 |Section 42 (disclosure of documents subject to legal| | |professional privilege | |-------
-----+-----------------------------------------------------------|
| 62-115 |Section 47C (disclosure of documents containing| | |deliberative processes) | |-------
-----+-----------------------------------------------------------|
| 116-142 |47G (Disclosure of documents containing business| | |information) | +-----------------
-------------------------------------------------------+
To resolve the issue of missing pages from the documents released and to assist, the
department would be happy to provide you the complete version of the 271 pages with the 107
pages (as listed above) redacted in full as indicated in the schedule of documents..
The application of section 47D and 47G exemptions
Section 47G – business information
Section 47G of the FOI Act conditionally exempts a document if its disclosure under this Act
would disclose information concerning a person in respect of his or her business or professional
affairs or concerning the business, commercial or financial affairs of an organisation or
undertaking, in a case in which the disclosure of the information:
(a) would, or could reasonably be expected to, unreasonably affect that person adversely in
respect of his or her lawful business or professional affairs or that organisation or undertaking in
respect of its lawful business, commercial or financial affairs.
Paragraph 6.187 of the Guidelines made under s 93A of the FOI Act (FOI
Guidelines) states the criteria in s47G(1)(a) requires a balance of interests, including the privacy
interests of the business and other interests such as the public interests.
The department relied upon this exemption on the basis that parts of the document containing
business affairs information relate directly to the profitability and financial viability of an
organisation and does not relate to its private or internal affairs. The disclosure of such
information would have wide consequences in particular information relating to the
unsuccessful applicants (which is not information that is made publicly available), the pricing
and cost of services to the department and the disclosure of the business affairs of a third party
could affect their viability and profitability.
Page 27 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
Section 47D – financial or property interests of the Commonwealth or agency
Section 47D of the FOI Act conditionally exempts a document if its disclosure under this Act
would have a substantial adverse effect on the financial or property interests of the
Commonwealth or of an agency.
The FOI Guidelines at paragraphs 6.18 and 6.82 provide:
6.18 The term ‘substantial adverse effect’ broadly means ‘an adverse effect which is sufficiently
serious or significant to cause concern to a properly concerned reasonable person’. The word
‘substantial’, in the context of substantial loss or damage has been interpreted as including ‘loss
or damage that is, in the circumstances, real or of substance and insubstantial or nominal’.
6.82 A substantial adverse effect may be indirect. For example, where disclosure of documents
would provide the criteria by which an agency is to assess tenders, the agency’s financial
interest in seeking to obtain the best value for money through a competitive tendering process
may be compromised.
The department relied upon this exemption on the basis that the disclosure of such documents
would have indirect consequences on the operation of the competitive tendering processes the
department undertakes. The information contained within documents 1 and 2 refer to the
information relating the criteria by which the department assesses tenders, and a disclosure of
this information would be detrimental to the competitive environment of various panel
members to aid future negotiations as well as decrease the department’s ability to negotiate
future savings within other contracts.
Public interest test
In considering of the public interest, the information could promote oversight of public
expenditure in parts. However, it is unlikely to provide insight into government operations as
third parties are providing their information of their own businesses and commercial affairs of
day-to-day at detail. On the balance of the public interest, the factors weight against disclosure
to ensure that the department can obtain information from stakeholders in future to engage in
the subject matter.
Narrowing the issues in dispute
Page 28 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
In an attempt to resolve or narrow the issues in dispute, can you please advise if you agree to
the following:
o with respect to s 47G
o agree that the information is business information o agree that the information is
conditionally exempt o agree that the public interest does not, when taken into account, favour
disclosure
o with respect to s 47D
o agree the information is the financial or property interests of the commonwealth o agree that
the information is conditionally exempt o agree that the public interest does not, when take into
account, favour disclosure.
In addressing the discrepancy between the schedule of documents contained within the notice
and the documents that were disclosed to you as part of the notification of the internal review
decision, the department proposes to provide you with the complete 271 pages noting that 107
of those pages will be blank as these were exempt in full.
We would appreciate a response or any further submissions by Friday 21 March 2025.
Kind regards,
FOI Case Officer – Freedom of Information Section
Advice and Legislation Branch
Legal Division | Corporate Operations Group
Australian Government, Department of Health and Aged Care
T: (02) 6289 1666 | E: [2][email address]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges First Nations peoples as the Traditional
Owners of Country throughout Australia, and their continuing connection to land, sea and
Page 29 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
community. We pay our respects to them and their cultures, and to all Elders both past and
present.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply
that you make will be published on the internet. More information on how Right to Know works
can be found at:
https://www.righttoknow.org.au/help/officers
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from
your organisation's FOI page.
-------------------------------------------------------------------
Page 30 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
From:
Health Anon
To:
FOI
Subject:
Re: Freedom of Information IC review 25-0019 IR - Seeking clarification [SEC=OFFICIAL]
Date:
Friday, 21 March 2025 4:16:02 PM
REMINDER: Think before you click! This email originated from outside our organisation. Only click links or
open attachments if you recognise the sender and know the content is safe.
Dear FOI,
Thanks for checking.
I am not seeking a review of exemptions made under s47F (personal information), s22 (irrelevance) or s47E(C)
(management or assessment of personnel). I am also not seeking a review of exemptions made under s47G
specifically where the exemption relates to the business or commercial affairs of an unsuccessful tenderer (I
think this is just going to be the names of the unsuccessful tenderers).
That leaves the remaining exemptions relied upon by the department that I am seeking OAIC review of
s42 - Legal proceedings
s47 - trade secrets or commercially valuable information
s47C - deliberative processes
s47E - conduct of the operations
s47D - financial or property interests
s47G - business, commercial, or financial affairs (for information relating to either the successful tenderer or
other entities that are not unsuccessful tenderers, eg other service providers supporting the delivery)
I note that these exemptions have been used extensively and/or to exempt many pages in their entirety, and as
such I would like the OAIC to review the department's use of all of these exemptions.
Thank you,
Health Anon
-----Original Message-----
Dear Health Anon,
Department reference: FOI 25-0019 IR IC
OAIC reference: MR25/00230
Thank you for your email.
The Department of Health and Aged Care (the department) appreciates
engagement to date regarding your Information Commissioner MR25/00230 (IC
review) (FOI 25-0019 IR IC).
We wish to advise the Office of the Australian Information Commissioner
has granted the department an extension of time to Wednesday 2 April 2025
to provide submissions.
Page 31 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
The department has noted the contentions you have raised in your email of
18 March 2025 and your IC review application dated 4 February 2025. We
will consider your contentions in the department’s submissions.
For the purposes of narrowing the issues in dispute in the IC review, we
are seeking clarification of the issues in dispute with your internal
review. Can you please clarify whether:
1. you are seeking review of the material that has been conditionally
exempt under sections 47D and 47G of the FOI Act; or
2. you are seeking review of the other exemptions that were relied upon
in the department’s internal review decision and if so, we would
appreciate any comments you may have.
We would appreciate a response by Monday 24 March 2025.
We thank you for your cooperation and look forward to hearing from you.
Kind regards,
FOI Case Officer – Freedom of Information Section
Legal Advice and Legislation Branch
Legal Division | Corporate Operations Group
Australian Government, Department of Health and Aged Care
T: (02) 6289 1666 | E: [1][email address]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges First Nations peoples
as the Traditional Owners of Country throughout Australia, and their
continuing connection to land, sea and community. We pay our respects to
them and their cultures, and to all Elders both past and present.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply that you make
Page 32 of 33
ATTACHMENT B
FOI 25-0019 IR
MR25/00230
will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your
organisation's FOI page.
-------------------------------------------------------------------
Page 33 of 33
