Documents describing information exchanged between the department and Apple about how Exposure Notifications could be used in the COVIDSafe app
Dear Department of Health,
According to an email released in response to an FOI request (FOI 4145 - Document 1), Daniel Keys (in his capacity as Chief Information Officer at the time) attended a meeting between the Minister for Health and Apple's VP for Health on Thursday the 21st of May, 2020. According to the email, the person leading the development of Exposure Notifications at Apple was also present at the meeting and "objected when [Daniel Keys] said that [Apple's] framework would be of limited use in its current form to the Australian implementation".
According to the email there was agreement "to take it offline so that [Apple's lead for Exposure Notifications] can share with [the department] how he believes that it can satisfy our requirements of supporting public health officials". The email alludes to a subsequent meeting scheduled for "Wednesday (presumably the 27th of May, 2020) where it is proposed that "one of you guys" talk about "the discussions you’ve had with Apple Australia and the assessment you’ve made of the framework". It is then proposed that the Apple representative (whose name has been redacted) could "talk about why they feel [the department's] assessment is incorrect". Finally, it is proposed that another person or group of people is invited to the meeting as "they’ve done the assessment" of the suitability of Apple's system.
I am interested in understanding the government's reasons for not adopting Exposure Notifications in COVIDSafe. In order to better understand this I am requesting:
1. any documents (including emails, notes, messages etc.) that contain "the assessment" of Apple's system as described in the second to last sentance of the email referred to above,
2. any documents (including emails, diary entries, notes, messages etc.) relating to the meeting with Apple scheduled for Wednesday the 27th of May, 2020. To be clear this includes documents prepared before the meeting, notes taken during the meeting, and documents prepared after the meeting, and
3. any documents (including emails, notes, messages etc) that outline why Apple "feel [the department's] assessment is incorrect".
Yours faithfully,
Concerned Citizen
Good afternoon
Acknowledgement of receipt of Freedom of Information request
I refer to your request received by the Department of Health and Aged Care
(the department) for access to documents under the Freedom of Information
Act 1982 (FOI Act). You have requested access to:
I am interested in understanding the government's reasons for not adopting
Exposure Notifications in COVIDSafe. In order to better understand this I
am requesting:
1. any documents (including emails, notes, messages etc.) that contain
"the assessment" of Apple's system as described in the second to last
sentence of the email referred to above,
2. any documents (including emails, diary entries, notes, messages etc.)
relating to the meeting with Apple scheduled for Wednesday the 27th of
May, 2020. To be clear this includes documents prepared before the
meeting, notes taken during the meeting, and documents prepared after the
meeting, and
3. any documents (including emails, notes, messages etc) that outline why
Apple "feel [the department's] assessment is incorrect".
The reference number for your request is FOI-4294. Please ensure that you
quote this number in future correspondence with us concerning this
request.
Timeframes
Your request was received on 10 March 2023. The statutory timeframe for
processing your request is 30 calendar days and you should expect to be
notified of a decision from the department on or before 09 April 2023.
The period of 30 days may be extended if the department needs to consult
third parties or for other reasons. We will advise you if this happens.
Other information
The department may impose a charge for the work involved in providing
access to the documents. If this request attracts a charge you will be
notified in writing.
Unless you advise otherwise:
· any draft and duplicate documents will be excluded from the scope
of your request, and
· any public service employee names below Senior Executive Service
level and direct telephone numbers of all staff will be excluded from the
scope of your request under s22(1)(a)(ii) of the FOI Act.
Please note that information released under the FOI Act may later be
published online on our disclosure log
[1]www.health.gov.au/resources/foi-disclosure-log, subject to certain
exceptions. (For example, personal information will not be published where
this would be unreasonable.)
You can contact the FOI team via email at [2][email address] or by phone
on 02 6289 1666, should you have any questions.
Kind regards,
Tegan
FOI Officer – Freedom of Information Section
Legal Advice and Legislation
Legal and Assurance Division | Corporate Operations Group
Australian Government, Department of Health and Aged Care
T: 02 6289 1666 | E: [email address]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care 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
-----Original Message-----
From: Concerned Citizen <[FOI #10049 email]>
Sent: Friday, 10 March 2023 4:00 PM
To: FOI <[email address]>
Subject: Freedom of Information request - Documents describing information
exchanged between the department and Apple about how Exposure
Notifications could be used in the COVIDSafe app
REMINDER: Think before you click! This email originated from outside our
organisation. Only click links or open attachments if you recognise the
sender and know the content is safe.
Dear Department of Health,
According to an email released in response to an FOI request (FOI 4145 -
Document 1), Daniel Keys (in his capacity as Chief Information Officer at
the time) attended a meeting between the Minister for Health and Apple's
VP for Health on Thursday the 21st of May, 2020. According to the email,
the person leading the development of Exposure Notifications at Apple was
also present at the meeting and "objected when [Daniel Keys] said that
[Apple's] framework would be of limited use in its current form to the
Australian implementation".
According to the email there was agreement "to take it offline so that
[Apple's lead for Exposure Notifications] can share with [the department]
how he believes that it can satisfy our requirements of supporting public
health officials". The email alludes to a subsequent meeting scheduled for
"Wednesday (presumably the 27th of May, 2020) where it is proposed that
"one of you guys" talk about "the discussions you’ve had with Apple
Australia and the assessment you’ve made of the framework". It is then
proposed that the Apple representative (whose name has been redacted)
could "talk about why they feel [the department's] assessment is
incorrect". Finally, it is proposed that another person or group of people
is invited to the meeting as "they’ve done the assessment" of the
suitability of Apple's system.
I am interested in understanding the government's reasons for not adopting
Exposure Notifications in COVIDSafe. In order to better understand this I
am requesting:
1. any documents (including emails, notes, messages etc.) that contain
"the assessment" of Apple's system as described in the second to last
sentance of the email referred to above,
2. any documents (including emails, diary entries, notes, messages etc.)
relating to the meeting with Apple scheduled for Wednesday the 27th of
May, 2020. To be clear this includes documents prepared before the
meeting, notes taken during the meeting, and documents prepared after the
meeting, and
3. any documents (including emails, notes, messages etc) that outline why
Apple "feel [the department's] assessment is incorrect".
Yours faithfully,
Concerned Citizen
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[3][FOI #10049 email]
Is [4][Health request email] the wrong address for Freedom of Information
requests to Department of Health? If so, please contact us using this
form:
[5]https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[6]https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
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If you are not the intended recipient, you are notified that any use or
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receive this transmission in error please notify the author immediately
and delete all copies of this transmission."
References
Visible links
1. http://www.health.gov.au/resources/foi-d...
2. mailto:[email address]
3. mailto:[FOI #10049 email]
4. mailto:[Health request email]
5. https://www.righttoknow.org.au/change_re...
6. https://www.righttoknow.org.au/help/offi...
Dear Concerned Citizen,
I write in regards to your recent Freedom of Information request, FOI
4294.
Request for extension of time
Section 15AA of the FOI Act permits the department to extend the statutory
processing timeframe, with your agreement, for a period of up to 30
calendar days.
Noting that the statutory due date for your request currently falls within
the Easter break period in April. The department is seeking your agreement
to an extension of 7 calendar days to ensure the department has undertaken
all reasonable steps to identify all documents relevant to your request,
and for the decision maker to make a well-balanced decision on access to
any such documents identified.
If you agree to this extension, the statutory due date will then be 16
April 2023. The department will however continue to process your request
as quickly as possible.
It would assist if you could please advise by COB Thursday 23 March if you
agree to this extension of time. If we do not hear from you by this date
or if you do not agree to the extension, the department may consider
seeking an extension of time from the Office of the Australian Information
Commissioner (OAIC) under section 15AB of the FOI Act.
We thank you for your ongoing patience and cooperation as we continue to
process your request.
If you have any questions regarding any of the matters discussed in this
email, please do not hesitate to contact the FOI Section at
[1][email address].
Kind regards
Joanne
FOI Case Officer
Legal Advice and Legislation
Legal and Assurance Division | Corporate Operations Group
Australian Government Department of Health and Aged Care
T: 02 6289 1666 | E: [2][Health request email]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges First Nations peoples
as 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 all Elders both past and present.
-----Original Message-----
From: Concerned Citizen <[FOI #10049 email]>
Sent: Friday, 10 March 2023 4:00 PM
To: FOI <[email address]>
Subject: Freedom of Information request - Documents describing information
exchanged between the department and Apple about how Exposure
Notifications could be used in the COVIDSafe app
REMINDER: Think before you click! This email originated from outside our
organisation. Only click links or open attachments if you recognise the
sender and know the content is safe.
Dear Department of Health,
According to an email released in response to an FOI request (FOI 4145 -
Document 1), Daniel Keys (in his capacity as Chief Information Officer at
the time) attended a meeting between the Minister for Health and Apple's
VP for Health on Thursday the 21st of May, 2020. According to the email,
the person leading the development of Exposure Notifications at Apple was
also present at the meeting and "objected when [Daniel Keys] said that
[Apple's] framework would be of limited use in its current form to the
Australian implementation".
According to the email there was agreement "to take it offline so that
[Apple's lead for Exposure Notifications] can share with [the department]
how he believes that it can satisfy our requirements of supporting public
health officials". The email alludes to a subsequent meeting scheduled for
"Wednesday (presumably the 27th of May, 2020) where it is proposed that
"one of you guys" talk about "the discussions you’ve had with Apple
Australia and the assessment you’ve made of the framework". It is then
proposed that the Apple representative (whose name has been redacted)
could "talk about why they feel [the department's] assessment is
incorrect". Finally, it is proposed that another person or group of people
is invited to the meeting as "they’ve done the assessment" of the
suitability of Apple's system.
I am interested in understanding the government's reasons for not adopting
Exposure Notifications in COVIDSafe. In order to better understand this I
am requesting:
1. any documents (including emails, notes, messages etc.) that contain
"the assessment" of Apple's system as described in the second to last
sentance of the email referred to above,
2. any documents (including emails, diary entries, notes, messages etc.)
relating to the meeting with Apple scheduled for Wednesday the 27th of
May, 2020. To be clear this includes documents prepared before the
meeting, notes taken during the meeting, and documents prepared after the
meeting, and
3. any documents (including emails, notes, messages etc) that outline why
Apple "feel [the department's] assessment is incorrect".
Yours faithfully,
Concerned Citizen
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[3][FOI #10049 email]
Is [4][Health request email] the wrong address for Freedom of Information
requests to Department of Health? If so, please contact us using this
form:
[5]https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[6]https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
"Important: This transmission is intended only for the use of the
addressee and may contain confidential or legally privileged information.
If you are not the intended recipient, you are notified that any use or
dissemination of this communication is strictly prohibited. If you
receive this transmission in error please notify the author immediately
and delete all copies of this transmission."
References
Visible links
1. mailto:[email address]
2. mailto:[Health request email]
3. mailto:[FOI #10049 email]
4. mailto:[Health request email]
5. https://www.righttoknow.org.au/change_re...
6. https://www.righttoknow.org.au/help/offi...
Dear FOI,
Yes, I’m happy to agree to the extension due to the Easter break.
Yours sincerely,
Concerned Citizen
Good morning,
Thank you for your prompt reply. The statutory due date for your request is now 16 April 2023.
Kind regards
Joanne
FOI Case Officer
Legal Advice and Legislation
Legal and Assurance Division | Corporate Operations Group
Australian Government Department of Health and Aged Care
T: 02 6289 1666 | E: [Health request email]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges First Nations peoples as 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 all Elders both past and present.
-----Original Message-----
From: Concerned Citizen <[FOI #10049 email]>
Sent: Tuesday, 21 March 2023 11:16 PM
To: FOI <[email address]>
Subject: Re: FOI 4294 - Request for Extension of Time [SEC=OFFICIAL]
REMINDER: Think before you click! This email originated from outside our organisation. Only click links or open attachments if you recognise the sender and know the content is safe.
Dear FOI,
Yes, I’m happy to agree to the extension due to the Easter break.
Yours sincerely,
Concerned Citizen
-----Original Message-----
Dear Concerned Citizen,
I write in regards to your recent Freedom of Information request, FOI 4294.
Request for extension of time
Section 15AA of the FOI Act permits the department to extend the statutory processing timeframe, with your agreement, for a period of up to 30 calendar days.
Noting that the statutory due date for your request currently falls within the Easter break period in April. The department is seeking your agreement to an extension of 7 calendar days to ensure the department has undertaken all reasonable steps to identify all documents relevant to your request, and for the decision maker to make a well-balanced decision on access to any such documents identified.
If you agree to this extension, the statutory due date will then be 16 April 2023. The department will however continue to process your request as quickly as possible.
It would assist if you could please advise by COB Thursday 23 March if you agree to this extension of time. If we do not hear from you by this date or if you do not agree to the extension, the department may consider seeking an extension of time from the Office of the Australian Information Commissioner (OAIC) under section 15AB of the FOI Act.
We thank you for your ongoing patience and cooperation as we continue to process your request.
If you have any questions regarding any of the matters discussed in this email, please do not hesitate to contact the FOI Section at [1][email address].
Kind regards
Joanne
FOI Case Officer
Legal Advice and Legislation
Legal and Assurance Division | Corporate Operations Group
Australian Government Department of Health and Aged Care
T: 02 6289 1666 | E: [2][Health request email]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges First Nations peoples as 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 all Elders both past and present.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #10049 email]
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
"Important: This transmission is intended only for the use of the addressee and may contain confidential or legally privileged information. If you are not the intended recipient, you are notified that any use or dissemination of this communication is strictly prohibited. If you receive this transmission in error please notify the author immediately and delete all copies of this transmission."
Good morning
I refer to your request of 10 March 2023 to the Department of Health and
Aged Care (department), seeking access under the Freedom of Information
Act 1982 (Cth) (FOI Act) to the following documents:
I am interested in understanding the government's reasons for not adopting
Exposure Notifications in COVIDSafe. In order to better understand this I
am requesting:
1. any documents (including emails, notes, messages etc.) that contain
"the assessment" of Apple's system as described in the second to last
sentance of the email referred to above,
2. any documents (including emails, diary entries, notes, messages etc.)
relating to the meeting with Apple scheduled for Wednesday the 27th of
May, 2020. To be clear this includes documents prepared before the
meeting, notes taken during the meeting, and documents prepared after the
meeting, and
3. any documents (including emails, notes, messages etc) that outline why
Apple "feel [the department's] assessment is incorrect".
The statutory due date for your request is currently 16 April 2023.
Documents have been identified, relevant to your request, that contain
information relating to other government agencies. The department is
required to consult with those agencies as part of the FOI assessment
process and the Freedom of Information Act 1982 (Cth) (FOI Act) does not
afford extensions of time regarding these consultations.
As previously advised, section 15AA of the FOI Act permits the department
to extend the statutory processing timeframe, with your agreement, for a
period of up to 30 calendar days. I understand you have already agreed to
a 7 day extension of time – thank you.
To ensure that department has undertaken all reasonable steps to identify
all documents relevant to your request, and for the decision maker to make
a well-balanced decision on access to any such documents identified, the
department is seeking your agreement to an extension of 23 calendar days.
If you agree to this extension, the statutory due date will then be 9 May
2023. The department will however continue to process your request as
quickly as possible.
It would assist if you could please advise by COB Thursday 6 April 2023
if you agree to this extension of time. If we do not hear from you by
this date or if you do not agree to the extension, the department may
consider seeking an extension of time from the Office of the Australian
Information Commissioner (OAIC) under section 15AB of the FOI Act.
We thank you for your ongoing patience and cooperation as we continue to
process your request.
If you have any questions regarding any of the matters discussed in this
email, please do not hesitate to contact the FOI Section at
[1][email address].
Kind regards
Joanne
FOI Case Officer
Legal Advice and Legislation
Legal and Assurance Division | Corporate Operations Group
Australian Government Department of Health and Aged Care
T: 02 6289 1666 | E: [2][Health request email]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges First Nations peoples
as 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 all Elders both past and present.
-----Original Message-----
From: Concerned Citizen <[FOI #10049 email]>
Sent: Tuesday, 21 March 2023 11:16 PM
To: FOI <[email address]>
Subject: Re: FOI 4294 - Request for Extension of Time [SEC=OFFICIAL]
REMINDER: Think before you click! This email originated from outside our
organisation. Only click links or open attachments if you recognise the
sender and know the content is safe.
Dear FOI,
Yes, I’m happy to agree to the extension due to the Easter break.
Yours sincerely,
Concerned Citizen
-----Original Message-----
Dear Concerned Citizen,
I write in regards to your recent Freedom of Information request, FOI
4294.
Request for extension of time
Section 15AA of the FOI Act permits the department to extend the
statutory processing timeframe, with your agreement, for a period of up
to 30 calendar days.
Noting that the statutory due date for your request currently falls
within the Easter break period in April. The department is seeking your
agreement to an extension of 7 calendar days to ensure the department has
undertaken all reasonable steps to identify all documents relevant to
your request, and for the decision maker to make a well-balanced decision
on access to any such documents identified.
If you agree to this extension, the statutory due date will then be 16
April 2023. The department will however continue to process your request
as quickly as possible.
It would assist if you could please advise by COB Thursday 23 March if
you agree to this extension of time. If we do not hear from you by this
date or if you do not agree to the extension, the department may
consider seeking an extension of time from the Office of the Australian
Information Commissioner (OAIC) under section 15AB of the FOI Act.
We thank you for your ongoing patience and cooperation as we continue to
process your request.
If you have any questions regarding any of the matters discussed in this
email, please do not hesitate to contact the FOI Section at [1][email
address].
Kind regards
Joanne
FOI Case Officer
Legal Advice and Legislation
Legal and Assurance Division | Corporate Operations Group
Australian Government Department of Health and Aged Care
T: 02 6289 1666 | E: [2][Health request email]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care acknowledges First Nations peoples
as 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 all Elders both past and present.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[3][FOI #10049 email]
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[4]https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
"Important: This transmission is intended only for the use of the
addressee and may contain confidential or legally privileged information.
If you are not the intended recipient, you are notified that any use or
dissemination of this communication is strictly prohibited. If you
receive this transmission in error please notify the author immediately
and delete all copies of this transmission."
References
Visible links
1. mailto:[email address]
2. mailto:[Health request email]
3. mailto:[FOI #10049 email]
4. https://www.righttoknow.org.au/help/offi...
Dear FOI,
As you’ve noted the FOI act does not provide for an extension of time in order to consult with other agencies as it does when consulting with 3rd parties. Presumably this is because it should be simpler (and quicker) to consult with another government agency.
You’ve also noted that I have already agreed to an extension of time.
Therefore I don’t think it is reasonable to request yet another extension. My expectation is that you can undertake the consultation with another government agency that you’re proposing within the timeframe we’ve already agreed (as is required by the FOI act).
Yours sincerely,
Concerned Citizen
Our reference: RQ23/01652
Agency reference: FOI 4294
Concerned Citizen
Sent by email: [1][FOI #10049 email]
Extension of time application by the Department of Health and Aged Care
Dear Concerned Citizen
I write to advise that on 13 April 2023 the Office of the Australian
Information Commissioner (the OAIC) received an application from
Department of Health and Aged Care (Department) for an extension of time,
to process your FOI request of 10 March 2023.
The Department has applied for an extension of time under s 15AB of the
Freedom of Information Act 1982 (Cth) because your request is considered
to be complex.
The Department has advised the OAIC that:
The Department has requested an extension to 16 May 2023. I will take any
comments you may have to make into account when deciding the application.
Please respond to this email by close of business 24 April 2023. If I do
not hear from you by this date, the decision maker will make a decision on
the basis of the information provided to me by the Department.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our
website at [2]Extensions of time.
Contact
If you have any questions regarding this email please contact me via email
to [3][email address]. Please quote OAIC reference: RQ23/01652 in all
correspondence.
Kind regards
Noah Harris
[4][IMG] Intake and Early Resolution Team
Freedom of Information Regulatory Group
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[5]oaic.gov.au
1300 363 992 [6][email address]
[7][IMG] | [8][IMG] | [9][IMG] | [10]Subscribe to OAICnet newsletter
Notice:
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Dear OAIC - FOI DR,
Hi Noah,
Thank you for your email.
On the 5th of April the Department of Health wrote to me to request a 2nd extension of time to process my FOI request explaining that:
"Documents have been identified, relevant to your request, that contain information relating to other government agencies. The department is required to consult with those agencies as part of the FOI assessment process"
and
"To ensure that department has undertaken all reasonable steps to identify all documents relevant to your request, and for the decision maker to make a well-balanced decision on access to any such documents identified, the department is seeking your agreement to an extension of 23 calendar days".
The reasons I was given to justify the request for an additional extension do not claim that my FOI request was "complex or voluminous". You have not provided me with a copy of the Department's application to you under section 15AB so it is difficult for me to provide a response as to why I might disagree with their reasons but you have said: "The Department has applied for an extension of time under s 15AB of the Freedom of Information Act 1982 (Cth) because your request is considered
to be complex".
Therefore I can only assume that the Department contends that the FOI request is considered (by them) to be complex simply because they want to consult with another Government agency prior to making a decision about the release of information.
The FOI Act has specific provisions allowing for extensions of time when it is necessary to consult with 3rd parties but has no such provisions relating to consultations with other Government agencies. I submit that section 15AB is not intended to cover such circumstances and the mere desire to consult another agency does not in and of itself make a request "complex".
Therefore in deciding whether or not to grant the Department's request for an extension of time to process my request I would ask the decision maker to consider whether the Department has demonstrated what it is specifically about my request that is so complex that it warrants additional time to process?
Furthermore, section 15AB considers that the agency may request an extension if "the period is insufficient to deal adequately with a request *because the* request is complex" (emphasis mine).
The agency should justify why the statutory timeframe is insufficient because of the complexity. It is not enough to simply state that the period is insufficient *and* the request is complex without considering whether the lack of sufficient time is *because* of the way in which the specific request is more complex. For example, the period may be insufficient because the request wasn't dealt with promptly, or because staff were on leave, or a myriad of other reasons entirely independent of the complexity of the request.
So I would ask that if the decision maker is convinced that the request is actually complex that they also consider whether the timeframe (which has already been extended) is insufficient *because* of that complexity.
It may help to consider the timeline relating to my request.
On the 10th of March I submitted the request
On the 15th of March the Department notified me that they had received my request and told me that I "should expect to be notified of a decision from the department on or before 09 April"
On the 20th of March the Department requested an extension of time due to staff absences over the Easter period
On the 21st of March I agreed to an extension of time
On the 5th of April (26 days after I submitted the request) the Department indicated they'd identified documents within the scope of my request but they wanted more time to consult with other Government agencies
On the same day I declined to agree to their request for another extension
On the 13th of April (34 days after I submitted my request and 3 days before they were required to respond to me) the Department wrote to you to request an extension under section 15AB of the FOI Act
Given this timeline it is difficult to see how the lack of time is because of complexity that the Department only became aware of when they identified the document 4 days prior to the end of the statutory timeframe.
I am not convinced that there is anything inherently complex in my request at all and even less convinced that any such complexity is the reason that the Department don't have sufficient time to respond. I would ask that the decision maker decline the Department's request for these reasons.
Yours sincerely,
Concerned Citizen
Our reference: RQ23/01652
Department reference: FOI 4294
Dear Concerned Citizen,
Thank you for your email.
I apologise that the contents of the Department's application under s 15AB were not included in my previous correspondence, as Right to Know does not allow for pictures within the text.
Please find the Department's contentions below:
Please provide a timeline setting out the work already completed in order to process this request. Where an extension of
time has previously been granted, describe the work that was undertaken during that extended period.
- 10 March 2023 – request was lodged with the Department of Health and Aged Care (department)
- 15 March 2023 – the department acknowledged receipt of this FOI
- 20 March 2023 – the department sought a 7 day extension of time due to easter public holidays
- 3 April 2023 – Search & retrieval was conducted, identifying documents relevant to this applicant’s request
- 4 April 2023 – Follow up with relevant business area, requesting schedule of documents be completed, advising to
provide contacts for any relevant consultation
- 5 April 2023 – Internal consultation within the department identified that courtesy consultation with the Digital
Transformation Agency (DTA) was required as the documents either did not originate within this department, or
contained information relevant to the functions of the DTA.
- 5 April 2023 – Department began to examine documents for sensitivities
- 5 April 2023 – Department sought a further extension of time from the applicant, advising of the courtesy consultation requiremeny
What work is required to finalise the request?
- DTA to be consulted on document sensitivities
- Internal consultation on document sensitivities
- Decision maker to identify all document sensitivities
- Decision maker to make a decision on access to the documents, noting any submissions that may be made from the
DTA
- Notice of decision to be completed
- Decision maker to sign notice of decision
- Department executive to be notified on the decision on access
- Applicant to be issued the decision on access
Why is the request considered complex or voluminous?
- Some of the documents identified within search & retrieval originated within the DTA.
- These documents are of a technical nature and require consultation with the DTA as these documents relate to the
functions of the DTA.
- Due to their age the information contained within the documents requires additional decision making time as the
subject matter experts on the documents may either:
o no longer work within the department or DTA; or
o work within different areas of the department, and as such extensive internal consultation is required
- The additional decision making time will ensure all sensitivities within the documents are appropriately identified,
and a well balanced decision is made by the departments decision maker.
Do other agencies or parties have an interest in the request?
Yes – the DTA as some of the documents originated within their Agency and require conurtesy consultation
Please describe the measures that would be taken to ensure a decision is made within the period of the requested
extension and to keep the applicant informed of the progress of the request.
- The department will conduct consultation with the DTA as soon as practicable
- The department will identify sensitivities as soon as practicable, considering any submissions (if any) made by the DTA
- The department will prepare a notice of decision
- The decision maker will sign notice of decision
- The department will then prepare the decision and issue it to the applicant as soon as practicable
- The department will liaise with the applicant, providing regular updates
As previously, the Department has requested an extension to 16 May.
If you wish to make any additional comments regarding the Department's application, please do so by 26 April 2023. If I do not hear from you by this date, the decision maker will make a decision on the basis of the information provided to me by the Department.
You will be notified of the decision once the matter has been finalised.
If you have any questions, please contact us at [email address].
Kind regards
Noah Harris
Intake and Early Resolution Team
Freedom of Information Regulatory Group
Office of the Australian Information Commissioner
-----Original Message-----
From: Concerned Citizen <[FOI #10049 email]>
Sent: Wednesday, 19 April 2023 3:04 PM
To: OAIC - FOI DR <[email address]>
Subject: Re: RQ23/01652 - Extension of time application by the Department of Health and Aged Care - Agency reference: FOI 4294 [SEC=OFFICIAL]
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Dear OAIC - FOI DR,
Hi Noah,
Thank you for your email.
On the 5th of April the Department of Health wrote to me to request a 2nd extension of time to process my FOI request explaining that:
"Documents have been identified, relevant to your request, that contain information relating to other government agencies. The department is required to consult with those agencies as part of the FOI assessment process"
and
"To ensure that department has undertaken all reasonable steps to identify all documents relevant to your request, and for the decision maker to make a well-balanced decision on access to any such documents identified, the department is seeking your agreement to an extension of 23 calendar days".
The reasons I was given to justify the request for an additional extension do not claim that my FOI request was "complex or voluminous". You have not provided me with a copy of the Department's application to you under section 15AB so it is difficult for me to provide a response as to why I might disagree with their reasons but you have said: "The Department has applied for an extension of time under s 15AB of the Freedom of Information Act 1982 (Cth) because your request is considered to be complex".
Therefore I can only assume that the Department contends that the FOI request is considered (by them) to be complex simply because they want to consult with another Government agency prior to making a decision about the release of information.
The FOI Act has specific provisions allowing for extensions of time when it is necessary to consult with 3rd parties but has no such provisions relating to consultations with other Government agencies. I submit that section 15AB is not intended to cover such circumstances and the mere desire to consult another agency does not in and of itself make a request "complex".
Therefore in deciding whether or not to grant the Department's request for an extension of time to process my request I would ask the decision maker to consider whether the Department has demonstrated what it is specifically about my request that is so complex that it warrants additional time to process?
Furthermore, section 15AB considers that the agency may request an extension if "the period is insufficient to deal adequately with a request *because the* request is complex" (emphasis mine).
The agency should justify why the statutory timeframe is insufficient because of the complexity. It is not enough to simply state that the period is insufficient *and* the request is complex without considering whether the lack of sufficient time is *because* of the way in which the specific request is more complex. For example, the period may be insufficient because the request wasn't dealt with promptly, or because staff were on leave, or a myriad of other reasons entirely independent of the complexity of the request.
So I would ask that if the decision maker is convinced that the request is actually complex that they also consider whether the timeframe (which has already been extended) is insufficient *because* of that complexity.
It may help to consider the timeline relating to my request.
On the 10th of March I submitted the request On the 15th of March the Department notified me that they had received my request and told me that I "should expect to be notified of a decision from the department on or before 09 April"
On the 20th of March the Department requested an extension of time due to staff absences over the Easter period On the 21st of March I agreed to an extension of time On the 5th of April (26 days after I submitted the request) the Department indicated they'd identified documents within the scope of my request but they wanted more time to consult with other Government agencies On the same day I declined to agree to their request for another extension On the 13th of April (34 days after I submitted my request and 3 days before they were required to respond to me) the Department wrote to you to request an extension under section 15AB of the FOI Act
Given this timeline it is difficult to see how the lack of time is because of complexity that the Department only became aware of when they identified the document 4 days prior to the end of the statutory timeframe.
I am not convinced that there is anything inherently complex in my request at all and even less convinced that any such complexity is the reason that the Department don't have sufficient time to respond. I would ask that the decision maker decline the Department's request for these reasons.
Yours sincerely,
Concerned Citizen
-----Original Message-----
Our reference: RQ23/01652
Agency reference: FOI 4294
Concerned Citizen
Sent by email: [1][FOI #10049 email]
Extension of time application by the Department of Health and Aged Care
Dear Concerned Citizen
I write to advise that on 13 April 2023 the Office of the Australian Information Commissioner (the OAIC) received an application from Department of Health and Aged Care (Department) for an extension of time, to process your FOI request of 10 March 2023.
The Department has applied for an extension of time under s 15AB of the Freedom of Information Act 1982 (Cth) because your request is considered to be complex.
The Department has advised the OAIC that:
The Department has requested an extension to 16 May 2023. I will take any comments you may have to make into account when deciding the application.
Please respond to this email by close of business 24 April 2023. If I do not hear from you by this date, the decision maker will make a decision on the basis of the information provided to me by the Department.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our website at [2]Extensions of time.
Contact
If you have any questions regarding this email please contact me via email to [3][email address]. Please quote OAIC reference: RQ23/01652 in all correspondence.
Kind regards
Noah Harris
[4][IMG] Intake and Early Resolution Team
Freedom of Information Regulatory Group
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[5]oaic.gov.au
1300 363 992 [6][email address]
[7][IMG] | [8][IMG] | [9][IMG] | [10]Subscribe to OAICnet newsletter
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[FOI #10049 email]
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
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Notice:
The information contained in this email message and any attached files may be confidential information, and may also be the subject of legal professional privilege. If you are not the intended recipient any use, disclosure or copying of this email is unauthorised. If you received this email in error, please notify the sender by contacting the department's switchboard on 1300 488 064 during business hours (8:30am - 5pm Local time) and delete all copies of this transmission together with any attachments.
Dear OAIC - FOI DR,
Noah,
Thanks for your further email and for including the Department’s justification for their request for an extension as text.
To be honest, I don’t really know how to respond to this. The idea that the Department is requesting an extension to consult on “document sensitivities” just astounds me.
I’m not aware that the FOI Act allows decision makers to decide not to disclose information that has been identified based on any so-called “sensitivities” that an agency may identify.
The FOI Act specifies a number of reasons that documents (or information within documents) might be exempt from release. The fact that there may be “sensitivities” is not amongst them.
This sounds like the Department is requesting additional time to ensure there’s nothing embarrassing in the documents they’ve identified. I would be concerned if this were the case. My expectation is that the decision to release documents (and whether to edit them to remove any exempt content) is based solely on whether there are reasons for such exemptions. If the Department of Health and the DTA are starting from the position that there might be “sensitivities” and then proceeding to find excuses to remove content then I’d suggest this is an inappropriate way to respond to an FOI request.
I would ask the decision maker not to agree to an extension of time simply to allow the Department and the DTA to discuss ways to frustrate a legitimate request for information.
Furthermore Section 3.71 of your guidelines state:
“In some cases, more than one agency will be involved in creating a document, such as through an inter-agency working group. In such circumstances, agencies should ensure that there are procedures in place to determine at the time a document is created whether it will be published under the IPS (see Part 13 of these Guidelines) or released in response to FOI requests. This may lessen the need for consultation between agencies if an FOI request is later received”.
If the Department of Health and the DTA failed to determine at the time the document was created whether there were any legitimate reasons it (or information within) could not be released then that failure should not mean that additional time is now required. As previously stated section 15AB can be used to provide additional time when the statutory timeframes are inadequate because of the complexity of the request (not because of a failure of foresight).
Yours sincerely,
Concerned Citizen
Dear OAIC - FOI DR,
I’m following up to see whether the OAIC agreed to the department’s request for an extension of time or not. When will you make a decision? In the absence of a decision to agree to an extension of time my expectation is that the original timeframes as prescribed by the FOI act would apply.
Therefore the department has failed to meet the required timeframe.
What’s the point of requesting an extension from the OAIC if they do so at the last minute and if the process for the OAIC to decide whether to agree to the extension itself takes over 18 days (so far)?
Yours sincerely,
Concerned Citizen
Our reference: RQ23/01652
Agency reference: FOI 4294
Concerned Citizen
By email: [FOI #10049 email]
Cc: [Health request email]
Extension of time under s 15AB
Dear Concerned Citizen
Please find attached an extension of time decision relating to your FOI
request with the Department of Health and Aged Care. A copy of this
decision has been provided to the Department today.
Kind regards
[1][IMG]
Noah Harris
Assistant Review Adviser | Freedom of Information
Regulatory Group
Office of the Australian Information Commissioner
P 1300 363 992 E [2][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[3]Subscribe to Information Matters
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Dear Concerned Citizen
We refer to your FOI request received on 10 March 2023.
Please find attached a decision on access together with the documents
referred to in that decision.
If you have any queries in relation to this decision, please contact the
FOI Section on the details below.
Kind regards,
Daniel
Case Officer – Freedom of Information Section
Legal Advice and Legislation
Legal and Assurance Division | Corporate Operations Group
Australian Government, Department of Health and Aged Care
T: 02 6289 1666 | E: [1][email address]
PO Box 9848, Canberra ACT 2601, Australia
The Department of Health and Aged Care 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
-----Original Message-----
From: Concerned Citizen [2][FOI #10049 email]
Sent: Friday, 10 March 2023 4:00 PM
To: FOI [3][email address]
Subject: Freedom of Information request - Documents describing information
exchanged between the department and Apple about how Exposure
Notifications could be used in the COVIDSafe app
REMINDER: Think before you click! This email originated from outside our
organisation. Only click links or open attachments if you recognise the
sender and know the content is safe.
Dear Department of Health,
According to an email released in response to an FOI request (FOI 4145 -
Document 1), Daniel Keys (in his capacity as Chief Information Officer at
the time) attended a meeting between the Minister for Health and Apple's
VP for Health on Thursday the 21st of May, 2020. According to the email,
the person leading the development of Exposure Notifications at Apple was
also present at the meeting and "objected when [Daniel Keys] said that
[Apple's] framework would be of limited use in its current form to the
Australian implementation".
According to the email there was agreement "to take it offline so that
[Apple's lead for Exposure Notifications] can share with [the department]
how he believes that it can satisfy our requirements of supporting public
health officials". The email alludes to a subsequent meeting scheduled for
"Wednesday (presumably the 27th of May, 2020) where it is proposed that
"one of you guys" talk about "the discussions you’ve had with Apple
Australia and the assessment you’ve made of the framework". It is then
proposed that the Apple representative (whose name has been redacted)
could "talk about why they feel [the department's] assessment is
incorrect". Finally, it is proposed that another person or group of people
is invited to the meeting as "they’ve done the assessment" of the
suitability of Apple's system.
I am interested in understanding the government's reasons for not adopting
Exposure Notifications in COVIDSafe. In order to better understand this I
am requesting:
1. any documents (including emails, notes, messages etc.) that contain
"the assessment" of Apple's system as described in the second to last
sentance of the email referred to above,
2. any documents (including emails, diary entries, notes, messages etc.)
relating to the meeting with Apple scheduled for Wednesday the 27th of
May, 2020. To be clear this includes documents prepared before the
meeting, notes taken during the meeting, and documents prepared after the
meeting, and
3. any documents (including emails, notes, messages etc) that outline why
Apple "feel [the department's] assessment is incorrect".
Yours faithfully,
Concerned Citizen
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This request has been made by an individual using Right to Know. This
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More information on how Right to Know works can be found at:
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Please note that in some cases publication of requests and responses will
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If you find this service useful as an FOI officer, please ask your web
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