Case 2020/002/00268161
Dear NSW Ministry of Health,
I would refer you to case numbner 2020/00268161 before the NSW Supreme Court.
As per the M1997-26 Litigant Involving Government Authorities could you provide copies of the following documents:
1. Documents relating to Section 3.3 and 3.4 Officer relate correspondence to resolving dispute and all alternative dispute resolution process used
2. Documents relating to Section 3.5 Whereby the Department forward the matter in dispute to Premiers for review (This could be briefing, email, memo or letter)
3. Document relating to Section 3.6 Approval Correspondence recieved by NSW Health from Premiers for case 2020/00268161 (This could be email, memo or letter)
Yours faithfully,
Diane
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Dear Diane,
We have made enquiries internally with our legal team who have advised that the Ministry of Health is not familiar with the case number you have quoted.
We do not keep documents in the way you are referring and as legal proceedings are on foot the documents would be subject to legal privilege.
Apologies, in this case we are unable to help you further.
Warm regards,
Ministry of Health GIPA Team
Corporate Governance and Risk Management | Legal and Regulatory Services
NSW Ministry of Health | 1 Reserve Road, St Leonards, New South Wales 2065
[email address]
www.health.nsw.gov.au
This message is intended for the addressee named and may contain confidential information. If you are not the intended recipient, please delete it and notify the sender.
Views expressed in this message are those of the individual sender, and are not necessarily the views of NSW Health or any of its entities.
Dear NSW Ministry of Health,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of NSW Ministry of Health's handling of my FOI request 'Case 2020/002/00268161'.
The statement that the Ministry of Health is not familiar with the case contradicts previous FOI’s with NSW health on the case and the fact that it is listed in the Supreme Court of NSW.
Further if the claim to not be familiar with the case is accurate then the comments about legal privilege could only be speculation.
What was sought was copies of the documents required under the ‘Model Litigants Policy’ relating to the approval of the Premier for the case to proceed.
These documents would have been prepared prior to the commencement of legal proceedings under M1997-26 and therefore not part of those proceedings and would not attract legal privilege.
[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/c...
Yours faithfully,
Diane
Thank you for contacting the Ministry of Health GIPA inbox. Please note
that this email address is for GIPA Act (Government Information Public
Access Act) related enquiries only.
If your enquiry is regarding a matter other than a GIPA application,
please note the following:
COVID-19 Information
o For information and advice about COVID-19, including [1]what you can
and can't do under the rules visit [2]NSW Government - Coronavirus
(COVID-19).
o If you are in NSW and are positive case, close contact or have
symptoms or questions about COVID-19, call 1300-066-055 and you will
be directed to your local public health unit for a response.
o For other enquiries, including restrictions, QR codes and
self-isolation requirements in NSW, visit [3]Service NSW or call 13 77
88.
o To report breaches to self-isolation or Public Health Orders
call [4]Crime Stoppers on 1800 333 000.
o Additional information and resources regarding COVID-19 are available
on the [5]NSW Health website.
Please note that correspondence relating to these issues received by this
inbox will not be responded to.
Medical and Health Records
The NSW Ministry of Health does not hold medical records or health
information for individuals. There is also no central database for medical
records across NSW.
For information relating to your health or medical records, please contact
the Local Health District, Specialty Health Network or other health
service where you or your family received care. Contact details for all
NSW Health service are provided on [6]this section of the NSW Health
webpage.
Other Non-GIPA NSW Health enquiries
For all non- GIPA Act related enquiries, or if you would like to provide
feedback, please follow this link to the [7]NSW Health feedback webpage.
For all GIPA related enquiries, we will attend to your message as soon as
possible.
Thank you
NSW Ministry of Health GIPA Team
This message is intended for the addressee named and may contain
confidential information. If you are not the intended recipient, please
delete it and notify the sender.
Views expressed in this message are those of the individual sender, and
are not necessarily the views of NSW Health or any of its entities.
References
Visible links
1. https://www.nsw.gov.au/covid-19/stay-saf...
https://www.nsw.gov.au/covid-19/stay-saf...
2. https://www.nsw.gov.au/covid-19
https://www.nsw.gov.au/covid-19
3. https://www.service.nsw.gov.au/covid-19
https://www.service.nsw.gov.au/covid-19
4. https://nsw.crimestoppers.com.au/
https://nsw.crimestoppers.com.au/
5. https://www.health.nsw.gov.au/infectious...
https://www.health.nsw.gov.au/infectious...
6. https://www.health.nsw.gov.au/gipaa/Page...
https://www.health.nsw.gov.au/gipaa/Page...
7. https://www.health.nsw.gov.au/Pages/feed...
https://www.health.nsw.gov.au/Pages/feed...
Dear Diane,
Thank you for your email. As explained in our pervious email, we have confirmed with our legal branch that we do not have a record of the case number 2020/00268161, that you have quoted to be before the NSW Supreme Court.
Applications for information held by the NSW Ministry of Health are not under the Freedom of Information Act, they are made under the Government Information Public Access Act (GIPA Act). As we have not received, nor made a decision, in response to a formal application made under the GIPA Act, there are no review rights.
Should you wish to submit a formal application for documents held by the NSW Ministry of Health, please complete an application form and make the payment for the $30 GIPA application fee. Further information can be found on the following link https://www.health.nsw.gov.au/gipaa/Page... . Please ensure you include sufficient details of the information you are seeking to ensure searches can commence.
We trust this of assistance.
Warm regards,
Ministry of Health GIPA Team
Corporate Governance and Risk Management | Legal and Regulatory Services
NSW Ministry of Health | 1 Reserve Road, St Leonards, New South Wales 2065
[email address]
www.health.nsw.gov.au
-----Original Message-----
From: Diane <[FOI #9601 email]>
Sent: Thursday, 19 January 2023 5:06 PM
To: GIPA requests at NSW Ministry of Health <[NSW Ministry of Health request email]>
Subject: Internal review of Government Information (Public Access) request - Case 2020/002/00268161
[You don't often get email from [FOI #9601 email]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... ]
Dear NSW Ministry of Health,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of NSW Ministry of Health's handling of my FOI request 'Case 2020/002/00268161'.
The statement that the Ministry of Health is not familiar with the case contradicts previous FOI’s with NSW health on the case and the fact that it is listed in the Supreme Court of NSW.
Further if the claim to not be familiar with the case is accurate then the comments about legal privilege could only be speculation.
What was sought was copies of the documents required under the ‘Model Litigants Policy’ relating to the approval of the Premier for the case to proceed.
These documents would have been prepared prior to the commencement of legal proceedings under M1997-26 and therefore not part of those proceedings and would not attract legal privilege.
[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]
A full history of my FOI request and all correspondence is available on the Internet at this address: https://secure-web.cisco.com/1Am874PxpMx...
Yours faithfully,
Diane
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This message is intended for the addressee named and may contain confidential information. If you are not the intended recipient, please delete it and notify the sender.
Views expressed in this message are those of the individual sender, and are not necessarily the views of NSW Health or any of its entities.
Dear MOH-GIPA,
The advice from your legal branch that they have no knowledge of the Supreme Court action 202000268161 is astounding. This is particularly so when any member of the public can execute an online search of lawlink and discover that a 5 day trial involving the Health Administration Commission is listed to commence on 27 February 2023 in 11 days time.
The link is https://onlineregistry.lawlink.nsw.gov.a...
Given the claimed ignorance of this matter it would be reasonable to conclude that lodging a further application under GIPA would be a waste of the $30 application fee.
Yours sincerely,
Diane