Adverse findings from the Australian Information Commissioner
Verity Pane made this Freedom of Information request to Australian Digital Health Agency
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
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
OFFICIAL
Dear Verity
Please find attached an acknowledgement letter for your FoI request.
Cheers
Glenn
Glenn Beaumaris - A/g Director, Information Office - Governance Branch - Corporate Services Division
Phone: +61 2 6289 6979 Email: [email address] Web: www.digitalhealth.gov.au
-----Original Message-----
From: Verity Pane <[FOI #8224 email]>
Sent: Thursday, 23 December 2021 4:30 PM
To: FOI <[ADHA request email]>
Subject: Freedom of Information request - Adverse findings from the Australian Information Commissioner
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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
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OFFICIAL
Dear Ms Pane,
Please find attached decision in relation to your FOI request.
Kind regards,
Jessica
FOI Team
Information Office
Governance, Security and Secretariat Services
Australian Digital Health Agency
Email [1][email address]
Web [2]www.digitalhealth.gov.au
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