Good afternoon Mr Manganaro

Freedom of Information Request - Practical Refusal Consultation

I refer to your request of 17 March 2022 received by the Department of Health (the Department) seeking access under the Freedom of Information Act 1982 (Cth) (the FOI Act) to the following documents:

1) The Health advice provided by the Department to Health to the Australian Federal Government that was relied upon for the closure of Australia's International borders in March 2020 and
2) The Health advice provided by the Department to Health to the Australian Federal Government that was relied upon for the closure of Australia's International borders in in September 2021.

Validity and power to refuse request

Section 24AA of the FOI Act provides that a practical refusal reason exists in relation to a request for a document if either (or both) of the following applies:
(a) the work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations;
(b) the request does not satisfy the requirement in section 15(2)(b).

Section 15(2)(b) of the FOI Act provides that for a request to be valid, it must provide such information concerning the document as is reasonably necessary to enable a responsible officer of the Department to identify it.

For the reasons outlined below, the Department is satisfied that your request currently does not satisfy the requirements of section 15(2)(b) of the FOI Act, and as a consequence is currently not a valid request for access to documents under the FOI Act.

Practical Refusal Reasons

We do not consider that you have provide such information concerning the document as is reasonably necessary to enable a responsible officer of the Department to identify it.

You have requested access to "health advice provided by the Department to the Australian Federal Government". The term "Australian Federal Government" has the potential to capture a broad range of agencies, ministers, and other entities and from the terms of your request, we are unable to identify the documents you are seeking to access.

In the event that the Department were to proceed with the processing of this request in the terms you have provided, the request would essentially capture every document containing health advice sent by the Department to another federal government entity, without delimited timeframe.

Assistance

You may now consult with the Department, and the Department must take reasonable steps to assist you to revise your request so that it is a valid request for the purposes of section 15(2)(b) of the FOI Act.

You may wish to identify the government agency, minister or other entity to the advice may have been addressed. You may also wish to limit the scope of your request by providing a timeframe around it, for example, limiting it to one specified month. By way of example only, you may wish to revise your request as follows:
1) Documents created by the Department of Health in March 2020 containing formal health advice that were provided by the Department of Health to [name of entity] that was relied upon for the closure of Australia's International borders in March 2020 and
2) Documents created by the Department of Health in September 2021 containing formal health advice that were provided by the Department of Health to [name of entity] that was relied upon for the closure of Australia's International borders in September 2021.

For the purposes of this consultation, if you require assistance to revise the scope of this request, you may contact the FOI Unit on (02) 6289 1666, or you can email us at [Health request email].

Timeframes

You have 14 [calendar] days within which to consult the Department, and do one of the following, by written notice addressed to the Department:
(a) withdraw the request
(b) make a revised request
(c) indicate that you do not wish to revise the request.

If you do not consult with the Department or do one of the things mentioned above, within the 14-day consultation period, the request will be taken to have been withdrawn.

Contacts

If you require clarification of any of the matters discussed in this letter you should contact the department's Freedom of Information Unit on (02) 6289 1666 or at [email address].

With kind regards

Alison
Freedom of Information Unit

Legal and Assurance Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
P: 02 6289 1666 E: [Health request email]
GPO Box 9848, Canberra ACT 2601, Australia

The Department of Health acknowledges the Traditional Custodians of Australia and their continued connection to land, sea and community. We pay our respects to all Elders past and present. 

Please note that this email and attachments may contain confidential or legally privileged information. Please consult with Legal Division before disclosing any part of this email, or attachment, outside the Department. If you receive this email in error, please delete it and contact the sender immediately

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Dear Mr Manganaro,

Please find attached correspondence in relation to your Freedom of
Information request to the Department of Health.

Kind regards,

FOI Case Officer

Legal Advice & Legislation Branch

Legal & Assurance Division |  Corporate Operations Group

Australian Government Department of Health

T: 02 6289 1666  | E: [1][Health request email] 

GPO Box 9848, Canberra ACT 2601, Australia

The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present. 

If you receive this email in error, please delete it and contact the
sender immediately.

"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:[Health request email]

Good morning

Please find attached correspondence from the Department of Health in relation to your FOI request FOI 3685.

With kind regards

Freedom of Information Unit

Legal and Assurance Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
P: 02 6289 1666 E: [Health request email]
GPO Box 9848, Canberra ACT 2601, Australia

The Department of Health acknowledges the Traditional Custodians of Australia and their continued connection to land, sea and community. We pay our respects to all Elders past and present. 

Please note that this email and attachments may contain confidential or legally privileged information. Please consult with Legal Division before disclosing any part of this email, or attachment, outside the Department. If you receive this email in error, please delete it and contact the sender immediately

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