McKinsey
Dear Department of Health,
I would like to request a copy of all reports / documents delivered by consulting firm McKinsey & Company to the Department since 1990. In addition, I would like to request a copy of each invoice paid to McKinsey for each report (including $ fees paid, rate card applied, and other commercial terms).
According to AusTender, DoH has spent a not insignificant amount on McKinsey over the past 10 years.
Given the recent, significant public interest in McKinsey due to their controversial activities in anti democratic or corrupt governments such as South Africa, Saudi Arabia and Malaysia (1MDB), I request that the FOIA request fees be waived.
Andy
Yours faithfully,
Andy Johnson
Dear Mr Johnson
I refer to your request below received by the Department of Health on 25
February 2020.
As your request relates to seven separate Divisions within the department,
please advise if you are agreeable to the request being split between
these divisions.
Please provide us with a response by COB 5 March 2020.
Regards
FOI Officer
FOI and Legislation Support Section
[1]cid:image003.png@01D51610.1D98D220
Legal & Assurance Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
T: 02 6289 1666 | E: [2][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.
Dear Mr Johnson
I refer to your request of Tuesday 25 February 2020 to the Department of
Health (department), seeking access under the Freedom of Information Act
1982 (Cth) (FOI Act), to the following documents:
“… a copy of all reports/documents delivered by consulting firm McKinsey &
Company to the Department since 1990. In addition, I would like to request
a copy of each invoice paid to McKinsey for each report (including $ fees
paid, rate card applied, and other commercial terms).
According to AusTender, DoH has spent a not insignificant amount on
McKinsey amount on McKinsey over the past 10 years.”
Preliminary searches
The relevant line areas within the department have conducted preliminary
searches for documents within scope of your request from the year 1990. A
large volume of documents have been identified, which will take
significant time to work through to identify documents relevant to the
broad request. Further, the documents sit across seven different divisions
of the department, and consultation with a third party on the documents
would be required. The department is of the view that, in its current
form, processing your request would be a substantial and unreasonable
diversion of the department’s resources, leading to a ‘practical refusal’
decision being made under section 24AA of the FOI Act.
Refining scope
We are seeking to work with you to refine the scope of this request and
seek your consideration and agreement to preferred options below to refine
the scope. In doing so, you may wish to consider:
i. reducing the time period for the documents you are seeking
e.g. the past 5 years or 10 years;
ii. restricting your request to copies of final reports and
invoices only;
iii. excluding draft documents;
iv. excluding purely administrative documents;
v. excluding email correspondence.
Response due date
On this basis, could you please respond by COB Friday 13 March 2020 as to
your preferred option(s) as outlined above, otherwise the department may
need to proceed to a formal consultation notice under section 24AB of the
FOI Act.
If you require clarification of any of the matters discussed in this email
you should contact the department’s FOI Unit on (02) 6289 1666, or by
email at [1][email address].
Kind regards
Ramona
FOI Unit – FOI and Legislation Support Section
[2]cid:image003.png@01D51610.1D98D220
Legal & Assurance Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
T: 02 6289 1666 | E: [3][email address]
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.
Dear FOI,
We can limit the search to last 5 years. Does that help?
Also we can exclude administrative documents. I’m interested in offical reports delivered by McKinsey to the Department.
Yours sincerely,
Andy Johnson
Dear Mr Johnson,
I refer to your request of Tuesday 25 February 2020 to the Department of
Health (department) for access to documents under the Freedom of
Information Act 1982 (Cth) (FOI Act) to the following documents:
‘I would like to request a copy of all reports / documents delivered by
consulting firm McKinsey & Company to the Department since 1990. In
addition, I would like to request a copy of each invoice paid to McKinsey
for each report (including $ fees paid, rate card applied, and other
commercial terms).’
Request for extension of time
The department is actively processing your request and is aiming to
finalise it as quickly as possible. However, the department is currently
experiencing an increased workload to manage and respond to the
coronavirus pandemic, with a large amount of resources being diverted to
do so. The content of your request means that any documents that exist
would sit with the line area who has responsibility for the department’s
continued response to the coronavirus.
On this basis, the department is seeking an extension of 14 calendar days,
with a decision to be provided to you no later than COB Friday, 10 April
2020.
Next Steps
Could you please advise the department by COB Wednesday, 25 March 2020
if you agree to the request for extension of time?
Kind regards
FOI Unit
FOI Team - FOI and Legislation Support Section
[1]cid:image003.png@01D51610.1D98D220
Legal & Assurance Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
T: 02 6289 1666 | E: [2][email address]
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.
Our reference: RQ20/01313
Agency reference: FOI 1563
Mr Andy Johnson
By email to: [1][FOI #6181 email]
Extension of time under s 15AB
Dear Mr Johnson,
Please find attached decision of today’s date in relation to your FOI request
made to the Department of Health on 25 February 2020.
Do not hesitate to contact me if you have any queries.
Kind Regards
Emily
[2][IMG] Emily Harty | Review Adviser (Legal)
Freedom of Information
Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001 | [3]oaic.gov.au
+61 2 9284 9729 | [4][email address]
References
Visible links
1. mailto:[FOI #6181 email]
2. https://www.oaic.gov.au/
3. http://www.oaic.gov.au/
4. mailto:[email address]
Dear Mr Johnson
I refer to your request of 25 February 2020 to the Department of Health
(department) seeking access under the Freedom of Information Act 1982
(Cth) (FOI Act) to the following documents:
“I would like to request a copy of all reports / documents delivered by
consulting firm McKinsey & Company to the Department since 1990. In
addition, I would like to request a copy of each invoice paid to McKinsey
for each report (including $ fees paid, rate card applied, and other
commercial terms”
On 13 March 2020, you refined the scope of your request:
“We can limit the search to last 5 years … exclude administrative
documents. I’m interested in official reports delivered by McKinsey to the
Department.”
Notice of Third Party Consultation
It appears, from the documents to which you seek access, a third party may
reasonably wish to make a contention concerning possible exemption of some
of the documents. Accordingly, Stephen Bouwhuis, Assistant Secretary,
Legal Advice and Legislation Branch, an officer authorised under section
23(1) of the FOI Act to make decisions in relation to freedom of
information requests, has determined the requirements of section 27
consultation-business documents, of the FOI Act make 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 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.
The period of 60 calendar days is, however, suspended by virtue of the
Notice of Liability to Pay a Charge below.
Notice of Liability to Pay a Charge
The Director of the Freedom of Information Unit (FOI Director), an officer
authorised under section 23(1) of the FOI Act to make decisions in
relation to freedom of information charges, has decided you are liable to
pay a charge in respect of the processing of your request.
Preliminary Assessment
In accordance with section 29 of the FOI Act and the Freedom of
Information (Charges) Regulations 2019, my preliminary assessment of the
charge you are liable to pay is $1,271.67.
This has been calculated as follows:
search and 25.37 $380.50
retrieval hours @
time $15.00
(including per
time spent hour
locating
relevant
files and
collating
relevant
documents
contained on
those files)
decision 49.5585 $991.17
making time hours @
(including $20.00
time spent per
examining the hour ($100.00)
documents,
considering
exemptions,
undertaking Less
consultation, first 5
writing the hours
decision and free
preparing any
documents for
release)
TOTAL $1,271.67
Deposit
The FOI Director has also decided you are required to pay a deposit of
$317.92. Payment of a deposit is taken as your authority to proceed with
processing of your request and your agreement to pay the full charge in
which case you will become liable to the Commonwealth for the full cost of
processing the charge.
Payment
The department can accept credit card, money order or cheque payments.
If you choose to pay by cheque (personal or bank) or money order it should
be sent to the following:
FOI Unit (MDP 516)
Department of Health
GPO Box 9848
CANBERRA ACT 2601
If you wish to pay by credit card, please contact the department’s FOI
unit on (02) 6289 1666 to be further advised.
Response
Under the FOI Act, you have 30 days to respond in writing to this notice.
You must, within 30 days after this notice is given, do one of the
following things: (i) agree with the department’s estimate and pay the
deposit or whole charge if no deposit is listed, or (ii) advise the
department in writing you contend the charge has been wrongly assessed, or
should be reduced or not imposed, giving reasons for your contention, or
(iii) advise the department in writing you withdraw the request for access
to the documents concerned. Please send your response to the above postal
address or [1]this email address. If you do not provide a response within
30 days, your freedom of information request will be taken to have been
withdrawn.
If you choose to make a contention the charge should be reduced or not
imposed, the department must, in making a decision on your contention,
take into account the matters set out in section 29(5) of the FOI Act or
any relevant matter.
Processing time
Processing of your request and counting the 60 calendar days are suspended
from the date you receive this notice and resume either when you pay the
deposit or when any contention you make about the charge has been
resolved.
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
you should contact the department’s FOI Unit on (02) 6289 1666, or by
email at [2][email address].
Kind regards
Perri
FOI and Legislation Section
[3]cid:image003.png@01D51610.1D98D220
Legal Advice & Legislation Branch
Legal & Assurance Division | Corporate Operations Group
Australian Government Department of Health
T: 02 6289 1666 | E: [4][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.
Dear Mr Johnson
Please see attached – correspondence in relation to your FOI request to
the Department of Health.
Kind regards
FOI Unit – FOI and Legislation Support Section
[1]cid:image003.png@01D51610.1D98D220
Legal Advice and Legislation Branch
Legal and Assurance Division | Corporate Operations Group
Australian Government Department of Health
T: 02 6289 1666 | E: [2][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.