Request for Federal Health Minister's diary records for 9/5/2015
Dear Department of Health,
Under the Freedom of Information ACT, I would like to request a copy Federal Health Minister Sussan Ley's ministerial diary for 9/5/2015?
Yours faithfully,
Chris Pike
Email - [email address]
Dear Mr Pike
Please see attached correspondence in relation to your FOI request to the
Department of Health.
Kind regards
FOI Officer
[1]cid:image002.png@01D152AA.D704F7C0
Ministerial, Parliamentary, Executive Support and Governance Branch
People, Capability and Communication 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.
Locutus Sum left an annotation ()
Sometimes I cannot understand the behaviour of some Australian government departments. I ask myself, did the officer behave in this way because she or he was ignorant of the law or did he or she behave this way for some other reason.
The applicant has asked for a ministerial diary but the applicant has addressed the freedom of information request to a department of the minister but it should be addressed to the office of the minister (https://www.righttoknow.org.au/body/mini... ) instead. The department should know this; instead, the department says they cannot find the minster's diary. Is this a surprise to them?! The request should logically have been transferred to the office of the minister under s 16 ("Transfer of requests") of the Act. Transfer under s 16 requires the agreement of the agency that will receive the request but even if the transfer was refused, the Department of Health should have told the applicant to apply instead to the office of the Minister. So, was it ignorance (which can be corrected by knowledge) or was it some other factor that resulted in to process the request in this manner.
To the applicant: Make a new request through Right to Know. Make the request to the Minister. The relevant agency is listed here https://www.righttoknow.org.au/body/mini... .
James Baldwin left an annotation ()
Locutus,
While it is possible for govt departments to transfer requests under section 16 of the FOI Act, requests can only be transferred with the agreement of the receiving agency.
Given the Minister for Health resigned shortly after this request was made, the new Minister for Health would have refused the request. The new Minister wouldn't have access to the former Minister's diary.
If the new Minister didn't accept the request, then there is nothing for the department to do but process the request.
There is no point making a request to the new Health Minister. He won't have the old Minister's diary.
James Baldwin left an annotation ()
As you are requesting the documents of a Minister, you ought to send the request to the Minister, not the Department of Health.
However, the Department may have transferred this request to the Minister for action under section 16.