Dear Dr L
I refer to your request of 12 February 2020 to the Department of Health (department), seeking access under the Freedom of Information Act 1982 (Cth) (FOI Act) to the following documents:
‘It appears that the Professional Services Review has targeted GPs who co-bill Mental Health and Professional Attendance medicare item numbers.
I would be very keen if you would respond with the following information for the FY 2018-2019:
· What is the gender split for the *patients* whereby the co-billing have taken place? e.g. 400 male:500 female
· What is their age group? e.g. 20-25, 25-30, 30-35, 35-40
· What is the MMM or RA classification for the doctors co-claiming these numbers?
In addition, I would be keen to request a condensed breakdown of the patients receiving the co-claimed medicare item numbers:
· male: female
· age group 25-30, 30-35, 35-40 etc.
In the year 2020 the PSR has undertaken to send a warning letter to doctors who co-claim a professional consultation item number (e.g. 23/36) as well as a mental health item number.
I would like to request a breakdown of the doctors receiving these letters as follows:
· age group 25-30, 30-35, 35-40 etc.
· sex male: female
· MMM or RA classification
Notice of Third Party Consultation
It appears, from the documents to which you seek access, a third party may reasonably wish to make a contention concerning possible exemption of some of the documents. Accordingly, Mr Sean Lane, A/g Assistant Secretary, PBID Compliance Analytics Branch, an officer authorised under section 23(1) of the FOI Act to make decisions in relation to freedom of information requests, has determined the requirements of section 27 (consultation-business documents) of the FOI Act, make it appropriate to extend the timeframe for dealing with your request.
Pursuant to section 15(6) of the FOI Act, the period for providing you with a decision has been extended by a further period of 30 days. This means the department must, not later than 60 calendar days after the day on which your request was received, take all reasonable steps to notify you of a decision on your request.
The period of 60 calendar days is, however, suspended by virtue of the Notice of Liability to Pay a Charge below.
Notice of Liability to Pay a Charge
Ms Casey Auld, A/g Director – Freedom of Information, an officer authorised under section 23(1) of the FOI Act to make decisions in relation to freedom of information charges, has decided you are liable to pay a charge in respect of the processing of your request.
Preliminary Assessment
In accordance with section 29 of the FOI Act and the Freedom of Information (Charges) Regulations 2019, my preliminary assessment of the charge you are liable to pay is $52.63.
This has been calculated as follows:
|
search and retrieval time (including time spent locating relevant files and collating relevant documents contained on those files) |
3.5083 hours @ $15.00 per hour |
$52.63 |
|
decision making time (including time spent examining the documents, considering exemptions, undertaking consultation, writing the decision and preparing any documents for release) |
2.8208 hours @ $20.00 per hour Less first 5 hours free |
$56.42 ($100.00) |
|
TOTAL |
$52.63 |
Deposit
Ms Auld has also decided you are required to pay a deposit of $20.00. Payment of a deposit is taken as your authority to proceed with processing of your request and your agreement to pay the full charge in which case you will become liable to the Commonwealth for the full cost of processing the charge.
Payment
The department can accept credit card, money order or cheque payments.
If you choose to pay by cheque (personal or bank) or money order it should be sent to the following:
FOI Unit (MDP 516)
Department of Health
GPO Box 9848
CANBERRA ACT 2601
If you wish to pay by credit card, please contact the department’s FOI unit on (02) 6289 1666 to be further advised.
Response
Under the FOI Act, you have 30 days to respond in writing to this notice. You must, within 30 days after this notice is given, do one of the following things: (i) agree with the department’s estimate and pay the deposit or whole charge if no deposit is listed, or (ii) advise the department in writing you contend the charge has been wrongly assessed, or should be reduced or not imposed, giving reasons for your contention, or (iii) advise the department in writing you withdraw the request for access to the documents concerned. Please send your response to the above postal address or this email address. If you do not provide a response within 30 days, your freedom of information request will be taken to have been withdrawn.
If you choose to make a contention the charge should be reduced or not imposed, the department must, in making a decision on your contention, take into account the matters set out in section 29(5) of the FOI Act or any relevant matter.
Processing time
Processing of your request and counting the 60 calendar days are suspended from the date you receive this notice and resume either when you pay the deposit or when any contention you make about the charge has been resolved.
Relevant provisions
The FOI Act, including the provisions referred to in this email, can be accessed from the Federal Register of Legislation website.
If you require clarification of any of the matters discussed in this email you should contact the department’s FOI Unit on (02) 6289 1666, or by email at [email address].
Kind regards
Ramona
FOI Unit – FOI and Legislation Support Section
Legal & Assurance Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
T: 02 6289 1666 | E: [email address]
GPO Box 9848, Canberra ACT 2601, Australia
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