Dear Australian Digital Health Agency,

The Australian Information Commissioner recently made adverse findings against the Australian Digital Health Agency (ADHA) finding that:

(i) ADHA's refusal to process my FOI request because it was made through Right to Know (and not directly to ADHA's preferred email address) was invalid, and that the 30 day processing period commenced on the original receipt of the Right to Know FOI request; and

(ii) that the ADHA had in bad faith ("to buy us some more time... [have her] waiting until after... [the] Senate inquiry hearing") delayed the processing of that FOI on grounds other than the ADHA claimed, in order to prevent release of the My Health Record opt-out statistics sought for political reasons not relevant to the operation of the FOI Act

The Information Commissioner has directed the ADHA to undertake 4 steps, including formal review of all procedures and practices, making a senior executive responsible for promoting compliance with the FOI Act, and that the agency head is to issue a statement to all staff highlighting ADHA's obligations under the FOI Act and its pro-disclosure emphasis.

Unusually the ADHA declined the opportunity to make response to the Australian Information Commissioner on her investigation conclusions.

The above is provided to provide such information as is reasonably necessary to enable the ADHA to identity documents falling within scope of this FOI request

I seek copy of any document held by the ADHA about:

* why ADHA did not respond to the Australian Information Commissioner's investigation findings, given the significance of a finding by the Australian Information Commissioner that the ADHA had knowingly misrepresented the reasons for why it intentionally delayed access unlawfully

* any past adverse findings (other those above) made by the Australian Information Commissioner about the ADHA's conduct and practices.

Yours faithfully,

Verity Pane