Defence WHS Notices
Dear Comcare,
Please provide all Work Health and Safety notices and reports, including Incident Reports and Notifications sent to Comcare in relation to the MRH-90 Taipan helicopter
Yours faithfully,
James Smith
Thank you for your email to Freedom of Information (FOI) at Comcare. If
your request meets the requirements for a valid FOI request, an
acknowledgement letter will be sent to you within 14 days. Otherwise, FOI
staff will contact you to discuss your request.
NOTICE: This e-mail message and attachments may contain confidential,
personal or legally privileged information. If you are not the intended
recipient you should not use or disclose any information in the message or
attachments. If received in error, please notify the sender by return
email immediately, if possible, or [email address].
Comcare does not waive any confidentiality or privilege. For information
about how we handle personal information, please visit
www.comcare.gov.au/privacy or contact us on 1300 366 979 and request a
copy of our Privacy Policy
OFFICIAL: Sensitive
Dear Mr Smith
Thank you for your request of 19 June 2024 (attached), seeking access
under the Freedom of Information Act 1982 (FOI Act) to the following
information:
“all Work Health and Safety notices and reports, including Incident
Reports and Notifications sent to Comcare in relation to the MRH-90 Taipan
helicopter”
Your request has been assigned reference number 2024/1448. Please include
that number in any communication you have with Comcare concerning the
request.
Information on processing of your request is set out below.
Timeframe for processing your request
The statutory timeframe for processing your request is 30 days from the
day after it was received by Comcare, which means a decision on your
request is due to be notified to you by 19 July 2024.
This timeframe may change where:
a) we are required to consult with you because your request is not clear
or would require a substantial diversion of Comcare’s resources to
process;
b) we are required to consult with third parties if their information is
included in a document you have requested;
c) you are issued a charge for processing your request;
d) we receive written agreement from you; or
e) we receive an extension from the Information Commissioner.
Administrative Release of Documents
Comcare has administrative access arrangements for the release of certain
documents without the need for a formal FOI request. Unless you tell us
otherwise, we may provide you with documents under these administrative
access arrangements instead of processing the documents formally under the
FOI Act. We will notify you if documents are released to you under the
arrangements.
Exclusion of employee details
Where the full name and contact details of Comcare staff members are
included in the scope of a request, this may add to processing time and
applicable charges as it may be necessary to consider whether the details
are exempt under the FOI Act. On this basis, unless you tell us otherwise,
we will assume that these details are out of scope of your request and
they will be deleted under section 22 of the FOI Act.
Consultation with third parties
The FOI Act requires Comcare to undertake consultation prior to making any
decision to grant access to documents (subject to exemptions) that
contain:
• information that originated with, or was received from, a State or an
authority of a State;
• information that originated with, or was received from, a foreign
government, an authority of a foreign government or an international
organisation;
• information concerning a person's business or commercial affairs, or the
business, commercial or financial affairs of an organisation or
undertaking; or
• personal information about a person (including a deceased person).
We will advise you as soon as possible if external consultation is
required.
Charges
Comcare will advise you if a charge is payable to process your request, as
set out in the FOI Charges Regulations.
No charge is payable for providing a person with their own personal
information.
Disclosure log
Please note that information released under FOI Act may be published in a
disclosure log on Comcare’s website. Section 11C of the FOI Act requires
this publication, however it is subject to certain exceptions, including
where publication of personal, business, professional or commercial
information would be unreasonable.
Contact
Should you require clarification of any of the matters discussed in this
email, or have any queries throughout the process, please contact me by
email to [1][Comcare request email]
Kind regards
Sami
Sami
Legal Adviser
Statutory Oversight Team
Legal Group | Comcare
Comcare
GPO Box 9905, Canberra, ACT 2601
1300 366 979
[2]www.comcare.gov.au
[3]A blue circle with white letters on it Description automatically
generated [4]A blue circle with a white play button Description
automatically generated [5]A blue and black logo Description
automatically generated
Comcare acknowledges the Traditional Owners and Custodians of country
throughout Australia and acknowledges
their continuing connection to land, sea and community. We pay our
respects to the people, the cultures and the
elders past, present and emerging.
Sensitive: This document may contain sensitive information as defined
under Section 6 of the Privacy Act. NOTICE: This e-mail message and
attachments may contain confidential, personal or legally privileged
information. If you are not the intended recipient you should not use or
disclose any information in the message or attachments. If received in
error, please notify the sender by return email immediately, if possible,
or [email address]. Comcare does not waive any
confidentiality or privilege. For information about how we handle personal
information, please visit www.comcare.gov.au/privacy or contact us on 1300
366 979 and request a copy of our Privacy Policy
References
Visible links
1. mailto:[Comcare request email]
2. http://www.comcare.gov.au/
3. https://au.linkedin.com/company/comcare
4. https://www.youtube.com/@comcare_australia
5. https://www.instagram.com/comcaregovau
OFFICIAL: Sensitive
Good morning James
We are seeking clarification on your FOI request for the following:
“all Work Health and Safety notices and reports, including Incident
Reports and Notifications sent to Comcare in relation to the MRH-90 Taipan
helicopter”
To assist us, can you please confirm if your request is in relation to an
incident or MRH-90 helicopters in general? Can you please provide further
information about your request and/or the incident, e.g. date, timeframe,
background, etc. Also, can you please provide further information about
what type/s of ‘reports’ you are requesting?
Greatly appreciate your clarification and confirmation by COB Thursday 27
June 2024.
Do not hesitate to get in contact if you have any questions or would like
to discuss further.
Kind regards
Sami
Sami
Legal Adviser
Statutory Oversight Team
Legal Group | Comcare
Comcare
GPO Box 9905, Canberra, ACT 2601
1300 366 979
[1]www.comcare.gov.au
[2]A blue circle with white letters on it Description automatically
generated [3]A blue circle with a white play button Description
automatically generated [4]A blue and black logo Description
automatically generated
Comcare acknowledges the Traditional Owners and Custodians of country
throughout Australia and acknowledges
their continuing connection to land, sea and community. We pay our
respects to the people, the cultures and the
elders past, present and emerging.
From: foi <[5][Comcare request email]>
Sent: Tuesday, June 25, 2024 5:39 PM
To: 'James Smith' <[6][FOI #11535 email]>
Cc: foi <[7][Comcare request email]>
Subject: 2024/1448 - Acknowledgment of your FOI request
[SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Dear Mr Smith
Thank you for your request of 19 June 2024 (attached), seeking access
under the Freedom of Information Act 1982 (FOI Act) to the following
information:
“all Work Health and Safety notices and reports, including Incident
Reports and Notifications sent to Comcare in relation to the MRH-90 Taipan
helicopter”
Your request has been assigned reference number 2024/1448. Please include
that number in any communication you have with Comcare concerning the
request.
Information on processing of your request is set out below.
Timeframe for processing your request
The statutory timeframe for processing your request is 30 days from the
day after it was received by Comcare, which means a decision on your
request is due to be notified to you by 19 July 2024.
This timeframe may change where:
a) we are required to consult with you because your request is not clear
or would require a substantial diversion of Comcare’s resources to
process;
b) we are required to consult with third parties if their information is
included in a document you have requested;
c) you are issued a charge for processing your request;
d) we receive written agreement from you; or
e) we receive an extension from the Information Commissioner.
Administrative Release of Documents
Comcare has administrative access arrangements for the release of certain
documents without the need for a formal FOI request. Unless you tell us
otherwise, we may provide you with documents under these administrative
access arrangements instead of processing the documents formally under the
FOI Act. We will notify you if documents are released to you under the
arrangements.
Exclusion of employee details
Where the full name and contact details of Comcare staff members are
included in the scope of a request, this may add to processing time and
applicable charges as it may be necessary to consider whether the details
are exempt under the FOI Act. On this basis, unless you tell us otherwise,
we will assume that these details are out of scope of your request and
they will be deleted under section 22 of the FOI Act.
Consultation with third parties
The FOI Act requires Comcare to undertake consultation prior to making any
decision to grant access to documents (subject to exemptions) that
contain:
• information that originated with, or was received from, a State or an
authority of a State;
• information that originated with, or was received from, a foreign
government, an authority of a foreign government or an international
organisation;
• information concerning a person's business or commercial affairs, or the
business, commercial or financial affairs of an organisation or
undertaking; or
• personal information about a person (including a deceased person).
We will advise you as soon as possible if external consultation is
required.
Charges
Comcare will advise you if a charge is payable to process your request, as
set out in the FOI Charges Regulations.
No charge is payable for providing a person with their own personal
information.
Disclosure log
Please note that information released under FOI Act may be published in a
disclosure log on Comcare’s website. Section 11C of the FOI Act requires
this publication, however it is subject to certain exceptions, including
where publication of personal, business, professional or commercial
information would be unreasonable.
Contact
Should you require clarification of any of the matters discussed in this
email, or have any queries throughout the process, please contact me by
email to [8][Comcare request email]
Kind regards
Sami
Sami
Legal Adviser
Statutory Oversight Team
Legal Group | Comcare
Comcare
GPO Box 9905, Canberra, ACT 2601
1300 366 979
[9]www.comcare.gov.au
[10]A blue circle with white letters on it Description automatically
generated [11]A blue circle with a white play button Description
automatically generated [12]A blue and black logo Description
automatically generated
Comcare acknowledges the Traditional Owners and Custodians of country
throughout Australia and acknowledges
their continuing connection to land, sea and community. We pay our
respects to the people, the cultures and the
elders past, present and emerging.
Sensitive: This document may contain sensitive information as defined
under Section 6 of the Privacy Act.
Sensitive: This document may contain sensitive information as defined
under Section 6 of the Privacy Act. NOTICE: This e-mail message and
attachments may contain confidential, personal or legally privileged
information. If you are not the intended recipient you should not use or
disclose any information in the message or attachments. If received in
error, please notify the sender by return email immediately, if possible,
or [email address]. Comcare does not waive any
confidentiality or privilege. For information about how we handle personal
information, please visit www.comcare.gov.au/privacy or contact us on 1300
366 979 and request a copy of our Privacy Policy
References
Visible links
1. http://www.comcare.gov.au/
2. https://au.linkedin.com/company/comcare
3. https://www.youtube.com/@comcare_australia
4. https://www.instagram.com/comcaregovau
5. mailto:[Comcare request email]
6. mailto:[FOI #11535 email]
7. mailto:[Comcare request email]
8. mailto:[Comcare request email]
9. http://www.comcare.gov.au/
10. https://au.linkedin.com/company/comcare
11. https://www.youtube.com/@comcare_australia
12. https://www.instagram.com/comcaregovau
Dear Sami
The FOI request should be read as is and hopefully is self explanatory. The request is for all notifications and reports in relation to the helicopter. It’s not limited to any particular incident or timeframe.
I understand Comcare has a searchable database. Additionally the information is likely to have been provided or submitted by Defence given the role of the helicopter.
I trust the above clarifies the request.
Yours sincerely,
James Smith
Thank you for your email to Freedom of Information (FOI) at Comcare. If
your request meets the requirements for a valid FOI request, an
acknowledgement letter will be sent to you within 14 days. Otherwise, FOI
staff will contact you to discuss your request.
NOTICE: This e-mail message and attachments may contain confidential,
personal or legally privileged information. If you are not the intended
recipient you should not use or disclose any information in the message or
attachments. If received in error, please notify the sender by return
email immediately, if possible, or [email address].
Comcare does not waive any confidentiality or privilege. For information
about how we handle personal information, please visit
www.comcare.gov.au/privacy or contact us on 1300 366 979 and request a
copy of our Privacy Policy