Dear Mr Lewis

I refer to your requests of 9 September 2021 to the Department of Health
(the department) seeking access under the Freedom of Information Act 1982
(Cth) (FOI Act) to the following documents:

FOI 2996:

 1. Documentation relating to the reviews that were conducted by the ICEG
and the AHPPC into the medical evidence and scientific studies that
resulted in the advice on the use of face masks to prevent the spread
of covid-19
 2. Noting that the department is not likely to be the custodian of the
source scientific literature, I also request to be provided with
references to where the specific medical evidence and scientific
studies referred to in these reviews can be found in the public domain

FOI 3028:

 1. The review(s) of medical evidence that were conducted by the ICEG and
the AHPPC that resulted in the advice on mandating face masks to
prevent the spread of covid-19
 2. The review(s) of scientific studies that were conducted by the ICEG
and the AHPPC that resulted in the advice on mandating face masks to
prevent the spread of covid-19
 3. References to where the specific medical evidence and scientific
studies referred to in these reviews can be found in the public domain

As the same searches are required for FOI 2996 and FOI 3028, the
department has combined a response to both requests in this email.

1. Information in relation to masks:

The relevant line area has provided the following information which may
appropriately respond to your requests.

Effectiveness of face masks

Throughout the COVID-19 pandemic, states and territories have encouraged
or mandated the use of face masks by the community in response to
outbreaks and community transmission. Mask wearing mandates, lockdowns and
stay-at-home orders in Australian communities are enforced by state and
territory legislation. You can find weblinks to both jurisdictional and
Commonwealth legislation relevant to COVID-19 on the Federal Court of
Australia website: [1]https://www.fedcourt.gov.au/covid19/legi...

Everyone wearing face coverings (masks) when needed helps protect
ourselves and others. The most important value of a face mask is to reduce
the likelihood of you unintentionally transmitting the virus to others.
Many individuals with COVID-19 only have mild symptoms or no symptoms at
all, and many are also infectious before they develop symptoms. Depending
on the type of face mask worn, it may reduce the risk that you will be
infected if you come into contact with infectious virus. Face masks in
combination with staying home if unwell, physical distancing, hand
hygiene, and respiratory etiquette, significantly reduce the risk of
transmission in these circumstances, including to those closest to you.
The Infection Control Expert Group (ICEG) has published the following
guidance regarding the use of face masks and respirators:
[2]https://www.health.gov.au/sites/default/...

There is substantial global evidence based on thorough research that
demonstrates the effectiveness of face masks in reducing the risk of
transmission. This includes evidence showing that high community use of
face masks reduces cases, hospitalisations and deaths associated with
COVID-19 [1 – 4]. In Australia, face masks have also played an important
role in our outbreak responses to help us control transmission [5 – 7].
Many countries recommend the use of face masks within the community to
help suppress COVID-19 [2, 3]. Please see the below links for evidence in
relation to the effectiveness of face masks:

References:

 1. Ford N, Holmer HK, Chou R et al. Mask use in community settings in the
context of COVID-19: A systematic review of ecological data. 2021.
Lancet. doi: 10.1016/j.eclinm.2021.101024
[3]https://www.thelancet.com/journals/eclin...
 2. United States Centers for Disease Control and Prevention. Use of Cloth
Masks to Control the Spread of SARS-CoV-2. Available online:
[4]https://www.cdc.gov/coronavirus/2019-nco...
[last updated 7 May 2021].
 3. Brooks JT and Butler JC. Effectiveness of Mask Wearing to Control
Community Spread of SARS-CoV-2. 2021. JAMA. doi:10.1001/jama.2021.1505
[5]https://jamanetwork.com/journals/jama/fu...
 4. Howard J, Huang A, Li Z et al. An evidence review of face masks
against COVID109. 2021. PNAS. doi: 10.1073/pnas.2014564118
[6]https://www.pnas.org/content/118/4/e2014...
 5. Costantino V and MacIntyre CR. The Impact of Universal Mask Use on
SARS-COV-2 in Victoria, Australia on the Epidemic Trajectory of
COVID-19. 2021. Public Health 9:625499. doi: 10.3389/fpubh.2021.625499
[7]https://www.frontiersin.org/articles/10....
 6. Trauer JM, Lydeamore MJ, Dalton GW et al. Understanding how Victoria,
Australia gained control of its second COVID-19 wave. 2021. MedRxiv
doi: 10.1101/2021.04.03.21254866
[8]https://www.medrxiv.org/content/10.1101/...
 7. Scott N, Saul A, Spelman T et al. The introcution of a mandatory mask
policy was associated with significantly reduced COVID-19 cases in a
major metropolitan city. 2021. PloS ONE. doi:
10.1371/journal.pone.0253510
[9]https://journals.plos.org/plosone/articl...

Please advise the department by Tuesday, 5 October 2021 if the above
information appropriately responds to your requests and if you agree to
withdraw both requests accordingly.

2. Formal consultation under section 24AB:

If you would like the department to continue processing your request, the
department would like to engage with you in a formal consultation under
section 24AB of the FOI Act.

Notice of Intention to Refuse – section 24AA

Preliminary searches have been undertaken, and the line area has
identified over 1,000 documents falling within the scope of your request.
The process of locating all relevant documents and assessing whether the
documents fall within the scope of your request poses significant
challenges to the department, as it would take a minimum of 20 officers
several weeks to process. Accordingly, under section 24AA of the FOI Act,
the department is able to issue a practical refusal reason as the work
involved in processing your revised request would substantially and
unreasonably divert the resources of the department from its other
priority operations.

Revision of Scope – section 24AB

To ensure that we process your request as efficiently as possible, we are
seeking to work with you to refine the scope of your request. On that
basis, we suggest you consider the following options for revision:

o Identify a specific date range for the documents you are seeking
o Refine the type of documentation you are seeking to one type of
document
o Further clarify the specific material you are seeking by providing a
specific word, phrase or search function that is likely to identify
the relevant documents you are interested in, which would also not
identify irrelevant or administrative material

Next Steps

Under subsection 24AB(6) of the Act, you have 14 days from the date of
this notice to notify the Department, in writing, to either

 a. withdraw your request
 b. make a revised request, or
 c. indicate that you do not wish to revise your request.

The time for processing your FOI request is suspended from the day you
receive this notice until the day you do one of the things listed above.

Should you not respond within 14 days this request will be deemed
withdrawn. 

The FOI Act, including the provisions referred to in this email, can be
accessed from the Federal Register of Legislation website:
[10]https://www.legislation.gov.au/Details/C...

If you require clarification on any of the matters discussed in this
email, please contact the department’s FOI Unit by email at
[11][email address]  

Kind regards

FOI Officer

FOI and Legislation Support Section

Legal & Assurance Division |  Corporate Operations Group

Legal Advice & Legislation Branch

Australian Government Department of Health

E: [12][Health request email] 

GPO Box 9848, Canberra ACT 2601, Australia

"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. https://www.fedcourt.gov.au/covid19/legi...
2. https://www.health.gov.au/sites/default/...
3. https://www.thelancet.com/journals/eclin...
4. https://www.cdc.gov/coronavirus/2019-nco...
5. https://jamanetwork.com/journals/jama/fu...
6. https://www.pnas.org/content/118/4/e2014...
7. https://www.frontiersin.org/articles/10....
8. https://www.medrxiv.org/content/10.1101/...
9. https://journals.plos.org/plosone/articl...
10. https://www.legislation.gov.au/Details/C...
11. mailto:[email address]
12. mailto:[Health request email]