Correspondence between HBF and the Department
Ben Fairless made this Freedom of Information request to Department of Health
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Department of Health,
Can you provide a copy of all correspondence between HBF and the Department in relation to the decision by HBF to remove items from lower levels of cover?
I’m happy to exclude the personally identifiable information of individuals who are not employed by HBF or the Department, and direct contact details.
Please treat this request administratively if possible, otherwise as a formal request under the Freedom of Information Act.
Yours faithfully,
Ben Fairless
Attention: Ben Fairless
FREEDOM OF INFORMATION REQUEST – NOTIFICATION OF RECEIPT
I am writing to notify you that the Department of Health (Department) has received your request (in your below email) for access to documents under the Freedom of Information Act 1982 (FOI Act).
The Department will take all reasonable steps to notify you of a decision no later than 30 calendar days after the date your request was received. You will be contacted where a charge is applied for processing your request or if we need to consult a third party.
Unless you advise otherwise, duplicate documents and Commonwealth employee names and contact details below Senior Executive Service level and mobile telephone numbers of all staff will be excluded from the scope of your request under s22(1)(a)(ii) of the FOI Act.
You can contact the FOI Unit on (02) 6289 1666, or via email at [email address], should you have any enquiries.
Regards
FOI Unit
Legal Advice & Legislation Branch
Legal & Assurance Division
Australian Government Department of Health
T: (02) 6289 1666 | E: [Health request email]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health acknowledges 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 elders both past and present.
Dear Mr Fairless,
I refer to your request to the Department of Health seeking access under
the Freedom of Information Act 1982 (FOI Act) to:
‘copy of all correspondence between HBF and the Department
in relation to the decision by HBF to remove items from lower levels of
cover.’
Notice of Third Party Consultation
It appears, from the documents to which you seek access, that a third
party may reasonably wish to make a contention concerning possible
exemption of some of the documents. Accordingly, Ms Kylie James, Director
– Freedom of Information, an officer authorised under section 23(1) of the
FOI Act to make decisions in relation to freedom of information requests,
has determined that the requirements of section 27 (business information)
makes it appropriate to extend the time frame 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 that 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.
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, please contact the Department’s FOI Unit on (02) 62891666, or by
email at [1][email address].
Kind regards
FOI Unit
[2]cid:image001.png@01D1A615.A11AFEC0
Legal Advice & Legislation Branch
Legal & Assurance Division
Australian Government Department of Health
T: (02) 6289 1666 | E: [3][Health request email]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health acknowledges 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 elders
both past and present.
Attention: Ben Fairless
Please see attached correspondence in relation to your FOI request to the
Department of Health. This email is being re-sent due to receipt of an
undeliverable notification.
Kind regards
FOI Unit
[1]cid:image002.png@01D152AA.D704F7C0
Legal Advice & Legislation Branch
Legal & Assurance Division
Australian Government Department of Health
T: (02) 6289 1666 | E: [2][Health request email]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health acknowledges 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 elders
both past and present.
From: FOI
Sent: Monday, 14 May 2018 4:59 PM
To: [3][FOI #4436 email]
Subject: Freedom of Information Request 235-1718 - Notice of Decision and
document for release [SEC=UNCLASSIFIED]
Attention: Ben Fairless
Please see attached correspondence in relation to your FOI request to the
Department of Health.
Kind regards
FOI Unit
[4]cid:image002.png@01D152AA.D704F7C0
Legal Advice & Legislation Branch
Legal & Assurance Division
Australian Government Department of Health
T: (02) 6289 1666 | E: [5][Health request email]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health acknowledges 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 elders
both past and present.
Dear Department of Health,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Department of Health's handling of my FOI request 'Correspondence between HBF and the Department'.
=== S 22 Excemptions ===
The use of s.22 to redact the names of Departmental employees is unreasonable. In my request, I provided clear exemptions that I was willing to agree to in order for my request to be processed. These included "personally identifiable information of individuals who are not employed by HBF or the Department, and direct contact details."
There is nothing in the Freedom of Information Act or the Freedom of Information Guidelines which endorse or support the Department's use of s.22 for the release of personally identifiable information of Public Servants. In fact, when speaking about a s.47F Conditional Exemption (Personal Privacy) the Guidelines make it clear that there is an especially high bar around the release of Public Servant's personal information, and that release is generally warranted.
== S 45 - Commercial In Confidence ===
I dispute that the Department has met the "5 criteria" test for Commercial In Confidence information, or that the information provided meets the criteria under S 45.
The Guidelines relevantly state that "the exemption is available where the person who provided the confidential information would be able to bring an action under the general law for breach of confidence to prevent disclosure, or to seek compensation for loss or damage arising from disclosure". There is no evidence that HBF would be able to bring a claim under the general law for breach of confidence. There is also no evidence that HBF objected to the release of such information.
The Department of Health is very clearly an agency to which the Freedom of Information Act applies, HBF either knows, or should know, that the Department may be required to release information under the Freedom of Information Act. Information on the Freedom of Information Act is located on the Department's home page. If the Department has not provided this information to HBF, or has misled HBF with respect to it's Freedom of Information obligations, that is an issue with the competence of the Department and it's employees, not with members of the public who have a right to information under the Freedom of Information Act.
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,
Ben Fairless
Attention: Ben Fairless
Please see attached documents in relation to your internal review request
to the Department of Health.
Regards
FOI Unit
[1]cid:image002.png@01D152AA.D704F7C0
Legal Advice & Legislation Branch
Legal & Assurance Division
Australian Government Department of Health
T: (02) 6289 1666 | E: [Health request email]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health acknowledges 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 elders
both past and present.