Senate Estimate Preparatory/Reference Briefs/Documents
Dear Australian Digital Health Agency,
In SoR issued 1 November 2018, for Application Number 1810003, the Australian Digital Heath Agency (ADHA) referred to, and extracted some points from, briefs/documents prepared for ADHA’s representatives to use at the recent Senate Estimates hearings.
I request, under FOI, copy of these briefs. While some of the contents would have been repeated by those subject to questioning by the Senate Estimates Committee, not everything briefed on gets said, as it is decided by what the Committee members ask, not what those being questioned wish for.
I note that as briefing material for Senate Estimates is all prepared on the basis it may be stated during these public proceedings, clearance for FOI release should be reasonably straightforward, and given the recency of Senate Estimates, should be able to be quickly located.
Yours faithfully,
Julie
OFFICIAL
Julie
Via Right to Know
Freedom of information Request 1811002
This email is to say that we have received in this office on 9 October
2018 your application for access to Australian Digital Health Agency
information from a recent Senate Estimates hearing under the Freedom of
Information Act 1982.
We will contact you again to formally acknowledge your application and, if
necessary, clarify your application; advise if charges are applicable; or,
whether there is a need to consult with third parties.
In the meantime if you have any questions, please email us at
[1][email address].
Regards
FOI Team
Kylee
Support Officer, Governance, Security and Secretariat Services
Office of the Chief Operating Officer
Australian Digital Health Agency
Scarborough House, Level 7, 1 Atlantic Street, Woden ACT 2606
Email [2][ADHA request email]
Web [3]www.digitalhealth.gov.au
The Australian Digital Health Agency 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: Julie <[FOI #4942 email]>
Sent: Thursday, 8 November 2018 8:39 PM
To: FOI <[ADHA request email]>
Subject: Freedom of Information request - Senate Estimate
Preparatory/Reference Briefs/Documents
Dear Australian Digital Health Agency,
In SoR issued 1 November 2018, for Application Number 1810003, the
Australian Digital Heath Agency (ADHA) referred to, and extracted some
points from, briefs/documents prepared for ADHA’s representatives to use
at the recent Senate Estimates hearings.
I request, under FOI, copy of these briefs. While some of the contents
would have been repeated by those subject to questioning by the Senate
Estimates Committee, not everything briefed on gets said, as it is decided
by what the Committee members ask, not what those being questioned wish
for.
I note that as briefing material for Senate Estimates is all prepared on
the basis it may be stated during these public proceedings, clearance for
FOI release should be reasonably straightforward, and given the recency of
Senate Estimates, should be able to be quickly located.
Yours faithfully,
Julie
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Kylee Paulissen
Support Officer, Governance, Security and Secretariat Services
Office of the Chief Operating Officer
Australian Digital Health Agency
Scarborough House, Level 7, 1 Atlantic Street, Woden ACT 2606
Phone [8]+61 2 6223 0725
Email [9][email address]
Web [10]www.digitalhealth.gov.au
The Australian Digital Health Agency 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.
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
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3. https://www.digitalhealth.gov.au/
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Kylee Paulissen would like to recall the message, "FOI.1811002 - Julie - Receipt Notification [SEC=OFFICIAL]".
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.
OFFICIAL
Dear Julie
Freedom of Information Request no. 1811002 Acknowledgement
I refer to your request for access to documents relating to Australian
Digital Health Agency Senate Estimates Briefing notes under the Freedom of
Information Act 1982. Request no. 1811002 has been assigned to your
request. Please quote Request no. 1811002 in all future correspondence on
the request.
Your request was as follows:
‘In SoR issued 1 November 2018, for Application Number 1810003, the
Australian Digital Heath Agency (ADHA) referred to, and extracted some
points from, briefs/documents prepared for ADHA’s representatives to use
at the recent Senate Estimates hearings.
I request, under FOI, copy of these briefs. While some of the contents
would have been repeated by those subject to questioning by the Senate
Estimates Committee, not everything briefed on gets said, as it is decided
by what the Committee members ask, not what those being questioned wish
for.
I note that as briefing material for Senate Estimates is all prepared on
the basis it may be stated during these public proceedings, clearance for
FOI release should be reasonably straightforward, and given the recency of
Senate Estimates, should be able to be quickly located.’
I have taken your request to be for:
‘Australian Digital Health Agency Senate Estimates Briefs documents
prepared for the Agency’s appearance at the Senate Supplementary Budget
Estimates Hearing, Senate Community Affairs Legislation Committee,
Wednesday 24 October 2018’
We received your request on 8 November 2018 and the 30 day statutory
period for processing your request commenced from the day after that date.
You should therefore expect a decision from us by 9 December 2018. The
period of 30 days may be extended if we need to consult third parties,
impose a charge or for other reasons. We will advise you if this happens.
Please note that information released under the FOI Act may later be
published online on our [1]disclosure log , subject to certain
exceptions.
We will contact you using the right-to-know website address
[2][FOI #4942 email] you provided. Please
advise if you would prefer us to use an alternative means of contact. If
you have any questions, please contact the Agency’s FOI unit as follows:
Email: [3][email address]
Phone: (02) 6223 0780
Kind regards
Noel Riley
Director, Governance Services
Office of the Chief Operating Officer
Australian Digital Health Agency
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
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2. mailto:[FOI #4942 email]
3. mailto:[email address]
OFFICIAL
Dear Julie
Good afternoon. Please see your attached charges letter.
Regards
FOI TEAM
Governance, Security and Secretariat Services – Office of the Chief Operating Officer
Phone: +61 2 6223 0725 Email: [email address] Web: www.digitalhealth.gov.au
-----Original Message-----
From: Julie <[FOI #4942 email]>
Sent: Thursday, 8 November 2018 8:39 PM
To: FOI <[ADHA request email]>
Subject: Freedom of Information request - Senate Estimate Preparatory/Reference Briefs/Documents
Dear Australian Digital Health Agency,
In SoR issued 1 November 2018, for Application Number 1810003, the Australian Digital Heath Agency (ADHA) referred to, and extracted some points from, briefs/documents prepared for ADHA’s representatives to use at the recent Senate Estimates hearings.
I request, under FOI, copy of these briefs. While some of the contents would have been repeated by those subject to questioning by the Senate Estimates Committee, not everything briefed on gets said, as it is decided by what the Committee members ask, not what those being questioned wish for.
I note that as briefing material for Senate Estimates is all prepared on the basis it may be stated during these public proceedings, clearance for FOI release should be reasonably straightforward, and given the recency of Senate Estimates, should be able to be quickly located.
Yours faithfully,
Julie
-------------------------------------------------------------------
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[FOI #4942 email]
Is [ADHA request email] the wrong address for Freedom of Information requests to Australian Digital Health Agency? If so, please contact us using this form:
https://apac01.safelinks.protection.outl...
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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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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Dear Australian Digital Health Agency,
I contest that the charges are not properly calculated, on two grounds:
Firstly, the time for reading and assessment (in excess of 11 hours) is excessive for a 76 page document and exceeds the threshold set by the Information Commissioner in IC Reviews. which states that delegates would not realistically take more than 5 minutes per page even for quite complex documents, and it is expected that (as decided in previous IC review decisions) such work is more likely to gravitate towards 30 seconds per page, than this upper threshold.
The FOI Guidelines explain that the decision to impose a charge is discretionary. A charge should be accurate, should fairly reflect the work involved in providing access to documents on request and must not be used to unnecessarily delay access or discourage an applicant from exercising the right of access conferred by the FOI Act.
The FOI Guidelines further explain that in exercising the discretion to impose a charge, an agency should take into account the ‘lowest reasonable cost objective’ in s 3(4) of the FOI Act, which provides that ‘functions and powers given by this Act are to be performed and exercised, as far as possible, to facilitate and promote public access to information, promptly and at the lowest reasonable cost’. The FOI Guidelines relevantly state:
Agencies and ministers should interpret the ‘lowest reasonable cost’ objective broadly in imposing any charges under the FOI Act. That is, an agency or minister should have regard to the lowest reasonable cost to the applicant, to the agency or minister, and the Commonwealth as a whole. Where the cost of calculating and collecting a charge might exceed the cost to the agencies to process the request, it would generally be more appropriate not to impose a charge...
The second ground is that, if adjusted for even the upper threshold limit, which applies to quite complex documents (not estimates briefs, which are just talking points), the adjusted cost would not exceed the costs to process such charges (including the transactional costs to collect them). The Information Commissioner has previously determined the costs under $100 are generally uneconomical to collect, especially if the agency has caused delays due to seeking to disrupt FOIs through the use of excessive charges.
It simply does not take over 5 minutes to read a senate estimates brief page, which is generally double spaced for readability and often fairly sparse on the page.
Yours sincerely,
Julie
Dear Julie,
Good morning. Please see the attached letter from the Australian Digital
Health Agency.
Regards,
FOI Team
FOI Officer, Governance, Security and Secretariat Services
Office of the Chief Operating Officer
Australian Digital Health Agency
Scarborough House, Level 6, 1 Atlantic Street, Woden ACT 2606
Phone [1]+61 2 6223 0750
Email [2][email address]
Web [3]www.digitalhealth.gov.au
The Australian Digital Health Agency 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.
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. file:///tmp/tel:+61262230750
2. mailto:[email address]
3. https://www.digitalhealth.gov.au/
OFFICIAL
Dear Julie
Good morning. Please see attached letter from the Australian Digital
Health Agency. I believe a representative from the Office of the
Australian Information Commissioner will be in contact with you to discuss
next steps.
Regards
FOI Team
Information Office
Strategic Service Design and Delivery
[1]cid:image003.jpg@01D3951D.74AE5A50
Australian Digital Health Agency
Email [2][email address]
Web [3]www.digitalhealth.gov.au
The Australian Digital Health Agency 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.
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
2. mailto:[email address]
3. http://www.digitalhealth.gov.au/
Therese Mullan would like to recall the message, "FOI request 1811002 - REQ-0002688 - Revised decision letter [SEC=OFFICIAL]".
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.
OFFICIAL
Dear Julie
Good afternoon.
Please find attached response to your FOI request from the Australian
Digital Health Agency.
Regards
FOI Team
Information Office
Strategic Service Design and Delivery
[1]cid:image003.jpg@01D3951D.74AE5A50
Australian Digital Health Agency
Email [email address]
Web [2]www.digitalhealth.gov.au
The Australian Digital Health Agency 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.
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
2. http://www.digitalhealth.gov.au/
Dear Ms McMahon,
This FOI was made almost a year ago, which the Australian Digital Health Agency (ADHA) unfortunately caused excessive delays to through the inappropriate attempts to levy charges solely as a means of frustrating fair access.
Thankfully the OAIC eventually managed to get ADHA to drop these inappropriate charges.
It is therefore disappointing that this decision, already long overdue, was provided after the date it was required to be given, after ADHA withdrew its untenable charges.
Similarly the irregularities about the ‘if pressed’ opt out numbers being blank when they clearly formed part of the brief are also disappointing.
The IC Review Access Refusal application is not withdrawn as the decision issued is still an access refusal decision, as defined by the Freedom of Information Act (it is not, as you infer, a new matter).
Yours sincerely,
Julie
Thank you for contacting My Health Record Customer Support.
This message is to acknowledge that we have received your email.
We will advise you once your request has been completed or contact you
sooner if further information is required.
Kind Regards
My Health Record Customer Support
Australian Digital Health Agency
Web [1]www.digitalhealth.gov.au
Web [2]www.myhealthrecord.gov.au
The Australian Digital Health Agency 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.
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. http://www.digitalhealth.gov.au/
2. http://www.myhealthrecord.gov.au/
OFFICIAL
Dear Julie
Please find attached the Australian Digital Health Agency's response to your email dated 2 October 2019.
Regards
FOI Team
Information Office
Strategic Service Design and Delivery
Australian Digital Health Agency
Email [email address]
Web www.digitalhealth.gov.au
The Australian Digital Health Agency 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: Julie <[FOI #4942 email]>
Sent: Wednesday, 2 October 2019 2:41 PM
To: Support My Health Record <[email address]>
Subject: Re: FOI.1811002 - Decision letter and documents [SEC=OFFICIAL]
Dear Ms McMahon,
This FOI was made almost a year ago, which the Australian Digital Health Agency (ADHA) unfortunately caused excessive delays to through the inappropriate attempts to levy charges solely as a means of frustrating fair access.
Thankfully the OAIC eventually managed to get ADHA to drop these inappropriate charges.
It is therefore disappointing that this decision, already long overdue, was provided after the date it was required to be given, after ADHA withdrew its untenable charges.
Similarly the irregularities about the ‘if pressed’ opt out numbers being blank when they clearly formed part of the brief are also disappointing.
The IC Review Access Refusal application is not withdrawn as the decision issued is still an access refusal decision, as defined by the Freedom of Information Act (it is not, as you infer, a new matter).
Yours sincerely,
Julie
-----Original Message-----
OFFICIAL
Dear Julie
Good afternoon.
Please find attached response to your FOI request from the Australian Digital Health Agency.
Regards
FOI Team
Information Office
Strategic Service Design and Delivery
[1]cid:image003.jpg@01D3951D.74AE5A50
Australian Digital Health Agency
Email [email address]
Web [2]www.digitalhealth.gov.au
The Australian Digital Health Agency 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.
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
2. http://www.digitalhealth.gov.au/
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #4942 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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Dear Do Not Support My Health Record,
Dear Australian Digital Health Agency,
On 15 October 2019 you wrote, in response to the missing/redacted opt out figures from the table in the released document, that:
———
Under section 54 of the FOI Act, you may apply in writing to the Agency for an internal review of my decision. The internal review application must be made within 30 days of the date of this letter, and be lodged in one of the following ways:
Email: [email address] Post: Freedom of Information
Scarborough House
Level 7, 1 Atlantic Street Woden ACT 2606 Australia
Where possible please attach reasons why you believe the review of the decision is necessary. The internal review will be carried out by another officer within 30 days.
———
You did not address the issue raised, nor give explanation.
Under s 54B and Part VI of the Freedom of Information Act 1982, I make an internal review application for this FOI decision on the grounds it is a s 53A(c) access refusal decision, as content that clearly was part of the document has been refused access (without any identifying any exemption to give such jurisdiction).
Notices are to be sent to the email address this application came from.
I would note that your failure to give explanation or address the issue raised, to force review, is overly combative and contrary to the model expectations on FOI entities.
Ciao,
Julie
Thank you for contacting My Health Record Customer Support.
This message is to acknowledge that we have received your email.
We will advise you once your request has been completed or contact you
sooner if further information is required.
Kind Regards
My Health Record Customer Support
Australian Digital Health Agency
Web [1]www.digitalhealth.gov.au
Web [2]www.myhealthrecord.gov.au
The Australian Digital Health Agency 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.
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. http://www.digitalhealth.gov.au/
2. http://www.myhealthrecord.gov.au/
OFFICIAL
Dear Julie
Please find attached the Australian Digital Health Agency's response to
your email dated 6 November 2019.
Regards
FOI Team
Information Office
Strategic Service Design and Delivery
Australian Digital Health Agency
Email [1][email address]
Web [2]www.digitalhealth.gov.au
The Australian Digital Health Agency 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: Julie <[FOI #4942 email]>
Sent: Wednesday, 6 November 2019 1:38 PM
To: Support My Health Record <[email address]>
Subject: Internal review of Freedom of Information request - Senate
Estimate Preparatory/Reference Briefs/Documents
Dear Do Not Support My Health Record,
Dear Australian Digital Health Agency,
On 15 October 2019 you wrote, in response to the missing/redacted opt out
figures from the table in the released document, that:
———
Under section 54 of the FOI Act, you may apply in writing to the Agency
for an internal review of my decision. The internal review application
must be made within 30 days of the date of this letter, and be lodged in
one of the following ways:
Email: [3][ADHA request email] Post: Freedom of Information
Scarborough House Level 7, 1 Atlantic Street Woden ACT 2606 Australia
Where possible please attach reasons why you believe the review of the
decision is necessary. The internal review will be carried out by another
officer within 30 days.
———
You did not address the issue raised, nor give explanation.
Under s 54B and Part VI of the Freedom of Information Act 1982, I make an
internal review application for this FOI decision on the grounds it is a s
53A(c) access refusal decision, as content that clearly was part of the
document has been refused access (without any identifying any exemption to
give such jurisdiction).
Notices are to be sent to the email address this application came from.
I would note that your failure to give explanation or address the issue
raised, to force review, is overly combative and contrary to the model
expectations on FOI entities.
Ciao,
Julie
-----Original Message-----
OFFICIAL
Dear Julie
Please find attached the Australian Digital Health Agency's response to
your email dated 2 October 2019.
Regards
FOI Team
Information Office
Strategic Service Design and Delivery
Australian Digital Health Agency
Email [email address]
Web [4]www.digitalhealth.gov.au
The Australian Digital Health Agency 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.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[5][FOI #4942 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:
[6]https://aus01.safelinks.protection.outlo...
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
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2. http://www.digitalhealth.gov.au/
3. mailto:[ADHA request email]
4. http://www.digitalhealth.gov.au/
5. mailto:[FOI #4942 email]
6. https://aus01.safelinks.protection.outlo...
Dear Do Not Support My Health Record,
Dear Bettina McMahon,
In your letter dated 15 October 2019, you wrote:
Our ref: FOI-1811002
Julie via right-to-know website [email address]
cc OAIC
Dear Julie
The Australian Digital Health Agency (the Agency) was granted an extension of time to process your FOI request by the OAIC until 17 September 2019. The Agency released its decision and documents in part on 16 September 2019. Therefore, the Agency met its obligations under the Freedom of Information Act 1982.
The Agency understands the OAIC review was a review of a charges decision under section 54Z of the Freedom of Information Act 1982 (the FOI Act). The Agency responded by making a revised decision to not impose charges and then proceeded to process the FOI request. The Agency now considers this matter closed.
As advised in our decision letter you have the following review rights available to you:
Your review rights
If you are dissatisfied with my decision, you may apply for an internal review or an OAIC review of the decision. We encourage you to seek internal review as a first step as it may provide a more rapid resolution of your concerns.
Internal review
Under section 54 of the FOI Act, you may apply in writing to the Agency for an internal review of my decision. The internal review application must be made within 30 days of the date of this letter, and be lodged in one of the following ways:
Email: [email address]
Post: Freedom of Information
Scarborough House
Level 7, 1 Atlantic Street Woden ACT 2606 Australia
Where possible please attach reasons why you believe the review of the decision is necessary. The internal review will be carried out by another officer within 30 days.
Information Commission review
Under section 54L of the FOI Act, you may apply to the OAIC to review my decision.
On 8 November 2019, you wrote:
Our ref: FOI-1811002
Julie via right-to-know website [email address]
Dear Julie
I refer to your email of 6 November 2019 seeking internal review of my decision on 16 September 2019 to partially release documents to you in response to your Freedom of Information request dated 9 November 2018.
...
In my letter of 15 October 2019, details of your review rights of my decision as advised on 16 September 2019 were re-stated. The right to seek internal review commenced on 16 September 2019 and not 15 October 2019. Accordingly, your request made on 6 November 2019 for internal review of my decision of 16 September 2019 is not within the 30-day timeframe.
...
In your emails of 2 October 2019 and 6 November 2019 you state that the figures for the number of people who opted-out of creation of a My Health Record by 31 January 2019 have been redacted from the documents released to you on 16 September 2019...
As noted in my decision letter of 16 September 2019, the reporting by the Australian Digital Health Agency (the Agency) to the 24 October 2018 Senate Estimates hearing on the number of individuals who had elected to opt out from having a My Health Record created referred to in FOI Application Number 1810003 is not contained in the briefs partially released to you...
In Brief 2 – Opt out numbers, the table indicated as relating to opt out rates over the weeks 16-22 July through to 10-16 September 2018 contains no content.
******
Well, first you backtrack on the internal review rights stated in your letter of 15 October, to now claim they lapsed at the date of that letter, despite that on 2 October I clearly indicated that the access refusal had continued.
Now you claim the ‘version’ of the brief you have provided had the table for opt-out numbers from My Health Record, but the cells were all empty intentionally. The FOI scope was for the document prepared for Senate Estimate, not a earlier draft or version. Those opt-out numbers were clearly intended to be part of that brief and would have been part of the brief used at Senate Estimates.
The constant game playing by your agency is disgraceful. I had to wait for you to provide explanation and you deliberately waiting and staged it, in an outrageously untenable claim.
And this unethical behaviour has been demonstrated consistently by the Australian Digital Health Agency, who seem to treat their obligations under the Freedom of Information Act as something to be abused. As I have not withdrawn the IC review and an access refusal persists, I do not have to apply again as you suggest.
Ciao,
Julie
Thank you for contacting My Health Record Customer Support.
This message is to acknowledge that we have received your email.
We will advise you once your request has been completed or contact you
sooner if further information is required.
Kind Regards
My Health Record Customer Support
Australian Digital Health Agency
Web [1]www.digitalhealth.gov.au
Web [2]www.myhealthrecord.gov.au
The Australian Digital Health Agency 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.
Important: This transmission is intended only for the use of the addressee
and may contain confidential or legally privileged information. If you are
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References
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OFFICIAL
Dear Julie
Thank you for your email of 14 November 2019.
As previously advised the FOI decision of 16 September 2019 was made
within time as the OAIC provided an extension of the due date to 17
September 2019 and accordingly the decision was not a deemed access
refusal under the Freedom of Information Act 1982.
In relation to the status of any review by the OAIC, you will need to
contact that agency.
Regards
FOI Team
Australian Digital Health Agency
Email [1][ADHA request email]
Web [2]www.digitalhealth.gov.au
-----Original Message-----
From: Julie <[3][FOI #4942 email]>
Sent: Thursday, 14 November 2019 7:19 PM
To: Support My Health Record <[4][email address]>
Subject: RE: Internal review of Freedom of Information request - Senate
Estimate Preparatory/Reference Briefs/Documents [SEC=OFFICIAL]
Dear Do Not Support My Health Record,
Dear Bettina McMahon,
In your letter dated 15 October 2019, you wrote:
Our ref: FOI-1811002
Julie via right-to-know website
[5][FOI #4942 email]
cc OAIC
Dear Julie
The Australian Digital Health Agency (the Agency) was granted an extension
of time to process your FOI request by the OAIC until 17 September 2019.
The Agency released its decision and documents in part on 16 September
2019. Therefore, the Agency met its obligations under the Freedom of
Information Act 1982.
The Agency understands the OAIC review was a review of a charges decision
under section 54Z of the Freedom of Information Act 1982 (the FOI Act).
The Agency responded by making a revised decision to not impose charges
and then proceeded to process the FOI request. The Agency now considers
this matter closed.
As advised in our decision letter you have the following review rights
available to you:
Your review rights
If you are dissatisfied with my decision, you may apply for an internal
review or an OAIC review of the decision. We encourage you to seek
internal review as a first step as it may provide a more rapid resolution
of your concerns.
Internal review
Under section 54 of the FOI Act, you may apply in writing to the Agency
for an internal review of my decision. The internal review application
must be made within 30 days of the date of this letter, and be lodged in
one of the following ways:
Email: [6][ADHA request email]
Post: Freedom of Information
Scarborough House
Level 7, 1 Atlantic Street Woden ACT 2606 Australia
Where possible please attach reasons why you believe the review of the
decision is necessary. The internal review will be carried out by another
officer within 30 days.
Information Commission review
Under section 54L of the FOI Act, you may apply to the OAIC to review my
decision.
On 8 November 2019, you wrote:
Our ref: FOI-1811002
Julie via right-to-know website
[7][FOI #4942 email]
Dear Julie
I refer to your email of 6 November 2019 seeking internal review of my
decision on 16 September 2019 to partially release documents to you in
response to your Freedom of Information request dated 9 November 2018.
...
In my letter of 15 October 2019, details of your review rights of my
decision as advised on 16 September 2019 were re-stated. The right to seek
internal review commenced on 16 September 2019 and not 15 October 2019.
Accordingly, your request made on 6 November 2019 for internal review of
my decision of 16 September 2019 is not within the 30-day timeframe.
...
In your emails of 2 October 2019 and 6 November 2019 you state that the
figures for the number of people who opted-out of creation of a My Health
Record by 31 January 2019 have been redacted from the documents released
to you on 16 September 2019...
As noted in my decision letter of 16 September 2019, the reporting by the
Australian Digital Health Agency (the Agency) to the 24 October 2018
Senate Estimates hearing on the number of individuals who had elected to
opt out from having a My Health Record created referred to in FOI
Application Number 1810003 is not contained in the briefs partially
released to you...
In Brief 2 – Opt out numbers, the table indicated as relating to opt out
rates over the weeks 16-22 July through to 10-16 September 2018 contains
no content.
******
Well, first you backtrack on the internal review rights stated in your
letter of 15 October, to now claim they lapsed at the date of that letter,
despite that on 2 October I clearly indicated that the access refusal had
continued.
Now you claim the ‘version’ of the brief you have provided had the table
for opt-out numbers from My Health Record, but the cells were all empty
intentionally. The FOI scope was for the document prepared for Senate
Estimate, not a earlier draft or version. Those opt-out numbers were
clearly intended to be part of that brief and would have been part of the
brief used at Senate Estimates.
The constant game playing by your agency is disgraceful. I had to wait for
you to provide explanation and you deliberately waiting and staged it, in
an outrageously untenable claim.
And this unethical behaviour has been demonstrated consistently by the
Australian Digital Health Agency, who seem to treat their obligations
under the Freedom of Information Act as something to be abused. As I have
not withdrawn the IC review and an access refusal persists, I do not have
to apply again as you suggest.
Ciao,
Julie
-----Original Message-----
OFFICIAL
Dear Julie
Please find attached the Australian Digital Health Agency's response to
your email dated 6 November 2019.
Regards
FOI Team
Information Office
Strategic Service Design and Delivery
Australian Digital Health Agency
Email [1][email address]
Web [2][8]www.digitalhealth.gov.au
The Australian Digital Health Agency 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.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[9][FOI #4942 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:
[10]https://aus01.safelinks.protection.outlo...
If you find this service useful as an FOI officer, please ask your web
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-------------------------------------------------------------------
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:[ADHA request email]
2. http://www.digitalhealth.gov.au/
3. mailto:[FOI #4942 email]
4. mailto:[email address]
5. mailto:[FOI #4942 email]
6. mailto:[ADHA request email]
7. mailto:[FOI #4942 email]
8. http://www.digitalhealth.gov.au/
9. mailto:[FOI #4942 email]
10. https://aus01.safelinks.protection.outlo...
Dear Do Not Support My Health Record,
On 8 November 2018, I applied to the ADHA for access to:
In SoR issued 1 November 2018, for Application Number 1810003, the Australian Digital Heath Agency (ADHA) referred to, and extracted some points from, briefs/documents prepared for ADHA’s representatives to use at the recent Senate Estimates hearings. I request, under FOI, copy of these briefs. While some of the contents would have been repeated by those subject to questioning by the Senate Estimates Committee, not everything briefed on gets said, as it is decided by what the Committee members ask, not what those being questioned wish for. I note that as briefing material for Senate Estimates is all prepared on the basis it may be stated during these public proceedings, clearance for FOI release should be reasonably straightforward, and given the recency of Senate Estimates, should be able to be quickly located.
On 4 December 2018, the ADHA issued me with a preliminary assessment of charges totalling $138.07 under s 29(1) of the FOI Act (the charges notice).
On 6 December 2018, I responded to the ADHA’s preliminary assessment notice, contesting the notice.
On 11 December 2018, the ADHA advised you of its decision to impose a charge of $138.07 to process the request under s 29(4) of the FOI Act (the original decision).
On 13 December 2018, I sought IC review of the ADHA’s decision under s 54L of the FOI Act.
On 6 February 2019, the Office of the Australian Information Commissioner (the OAIC) notified the ADHA under s 54Z of the FOI Act that the Information Commissioner would review the decision of the ADHA and sought information to assist the Information Commissioner to conduct the review.
On 27 February 2019, the ADHA responded to the OAIC’s request for information, stating that it had increased its charges for access to $591.49
On 5 July 2019, the OAIC sought further information from the ADHA, having been unsatisfied with its submission.
On 11 July 2019, the ADHA responded to the OAIC, stating it would revise its previous charges claim of $591.49 to $181.07, which was still above the original charges decision of $138.07.
On 25 July 2019, the OAIC wrote to the ADHA to reject its charges claims of $138.07, $181.07 & $591.49, stating that the ADHA should make a revised decision under s 55G of the FOI Act to waive all charges imposed to process your request.
On 8 August 2019, the ADHA conceded its various charges of $138.07, $181.07 & $591.49 were untenable, and issued a revised decision waiving the charge in full, with the OAIC notified that the ADHA did not want the original decision to be subject to IC Review determination.
On 26 August 2018, I advised the OAIC that the s 55G substituted decision was still an access refusal decision.
An access refusal decision is any of the following decisions:
(a) a decision refusing to give access to a document in accordance with a request;
(b) a decision giving access to a document but not giving, in accordance with the request, access to all documents to which the request relates;
(c) a decision purporting to give, in accordance with a request, access to all documents to which the request relates, but not actually giving that access;
The released document which has the opt out numbers blank is not the document used at Senate Estimates by the ADHA but an earlier version, despite the scope of the FOI clearly stating that it was the brief used at Senate Estimates to be provided.
The untenable position of the ADHA is that the brief used at Senate Estimates had this key information blank, when it clearly was part of the brief.
As such an access refusal remains under ss 53A(a)(b)&(c). The access refusal ground is not, as you misleadingly claim, about the date of the substituted decision.
The dishonesty of ADHA staff in this matter is appalling.
Ciao,
Julie
Thank you for contacting My Health Record Customer Support.
This message is to acknowledge that we have received your email.
We will advise you once your request has been completed or contact you
sooner if further information is required.
Kind Regards
My Health Record Customer Support
Australian Digital Health Agency
Web [1]www.digitalhealth.gov.au
Web [2]www.myhealthrecord.gov.au
The Australian Digital Health Agency 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.
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. http://www.digitalhealth.gov.au/
2. http://www.myhealthrecord.gov.au/
OFFICIAL
Dear Julie
I refer to your email of 23 November 2019.
Please note I do not agree with your statement that my decision on 8
August 2019 under section 55G of the Freedom of Information Act 1982 (FOI
Act) to waive the charges for your FOI request amounted to a deemed
refusal. The Australian Digital Health Agency (the Agency) has received
notification on 25 November 2019 from the Office of the Australian
Information Commissioner (OAIC) that your request for Information
Commissioner review of the charges originally imposed has been closed.
I reiterate, my decision dated 16 September 2019 was to release an edited
copy of documents under section 22 of the FOI Act in response to your FOI
request. The Agency received an extension of time to process this request
until 17 September 2019 from the OAIC. Accordingly, my decision of 16
September 2019 was made within time and was not a deemed access refusal
decision under the FOI Act.
While the documents released to you contained a table that referenced opt
out figures, these were not populated. As previously advised, no figures
relating to the number of individual who opted out of having a My Health
Record were redacted from the documents released to you.
I can attest that none of the Agency’s correspondence to you, nor the
conduct of the public officials in the Agency involved in processing your
request, has been dishonest. At all times, staff have conducted themselves
in a professional manner and met the requirements of the relevant
legislation.
Yours sincerely
Bettina McMahon
FOI Authorised Decision Maker
Australian Digital Health Agency
-----Original Message-----
From: Julie <[1][FOI #4942 email]>
Sent: Saturday, 23 November 2019 12:22 AM
To: Support My Health Record <[2][email address]>
Subject: Re: Internal review of Freedom of Information request - Senate
Estimate Preparatory/Reference Briefs/Documents [SEC=OFFICIAL]
Dear Do Not Support My Health Record,
On 8 November 2018, I applied to the ADHA for access to:
In SoR issued 1 November 2018, for Application Number 1810003, the
Australian Digital Heath Agency (ADHA) referred to, and extracted some
points from, briefs/documents prepared for ADHA’s representatives to use
at the recent Senate Estimates hearings. I request, under FOI, copy of
these briefs. While some of the contents would have been repeated by those
subject to questioning by the Senate Estimates Committee, not everything
briefed on gets said, as it is decided by what the Committee members ask,
not what those being questioned wish for. I note that as briefing material
for Senate Estimates is all prepared on the basis it may be stated during
these public proceedings, clearance for FOI release should be reasonably
straightforward, and given the recency of Senate Estimates, should be able
to be quickly located.
On 4 December 2018, the ADHA issued me with a preliminary assessment of
charges totalling $138.07 under s 29(1) of the FOI Act (the charges
notice).
On 6 December 2018, I responded to the ADHA’s preliminary assessment
notice, contesting the notice.
On 11 December 2018, the ADHA advised you of its decision to impose a
charge of $138.07 to process the request under s 29(4) of the FOI Act (the
original decision).
On 13 December 2018, I sought IC review of the ADHA’s decision under s 54L
of the FOI Act.
On 6 February 2019, the Office of the Australian Information Commissioner
(the OAIC) notified the ADHA under s 54Z of the FOI Act that the
Information Commissioner would review the decision of the ADHA and sought
information to assist the Information Commissioner to conduct the review.
On 27 February 2019, the ADHA responded to the OAIC’s request for
information, stating that it had increased its charges for access to
$591.49
On 5 July 2019, the OAIC sought further information from the ADHA, having
been unsatisfied with its submission.
On 11 July 2019, the ADHA responded to the OAIC, stating it would revise
its previous charges claim of $591.49 to $181.07, which was still above
the original charges decision of $138.07.
On 25 July 2019, the OAIC wrote to the ADHA to reject its charges claims
of $138.07, $181.07 & $591.49, stating that the ADHA should make a revised
decision under s 55G of the FOI Act to waive all charges imposed to
process your request.
On 8 August 2019, the ADHA conceded its various charges of $138.07,
$181.07 & $591.49 were untenable, and issued a revised decision waiving
the charge in full, with the OAIC notified that the ADHA did not want the
original decision to be subject to IC Review determination.
On 26 August 2018, I advised the OAIC that the s 55G substituted decision
was still an access refusal decision.
An access refusal decision is any of the following decisions:
(a) a decision refusing to give access to a document in accordance with a
request;
(b) a decision giving access to a document but not giving, in accordance
with the request, access to all documents to which the request relates;
(c) a decision purporting to give, in accordance with a request, access
to all documents to which the request relates, but not actually giving
that access;
The released document which has the opt out numbers blank is not the
document used at Senate Estimates by the ADHA but an earlier version,
despite the scope of the FOI clearly stating that it was the brief used at
Senate Estimates to be provided.
The untenable position of the ADHA is that the brief used at Senate
Estimates had this key information blank, when it clearly was part of the
brief.
As such an access refusal remains under ss 53A(a)(b)&(c). The access
refusal ground is not, as you misleadingly claim, about the date of the
substituted decision.
The dishonesty of ADHA staff in this matter is appalling.
Ciao,
Julie
-----Original Message-----
OFFICIAL
Dear Julie
Thank you for your email of 14 November 2019.
As previously advised the FOI decision of 16 September 2019 was made
within time as the OAIC provided an extension of the due date to 17
September 2019 and accordingly the decision was not a deemed access
refusal under the Freedom of Information Act 1982.
In relation to the status of any review by the OAIC, you will need to
contact that agency.
Regards
FOI Team
Australian Digital Health Agency
Email [1][ADHA request email]
Web [2][3]www.digitalhealth.gov.au
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FOI #4942 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:
[5]https://aus01.safelinks.protection.outlo...
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:[FOI #4942 email]
2. mailto:[email address]
3. http://www.digitalhealth.gov.au/
4. mailto:[FOI #4942 email]
5. https://aus01.safelinks.protection.outlo...
OFFICIAL
Dear Julie
Freedom of Information Request no. REQ-0004185
Please find attached the decision letter and documents in response to your
request to the Australian Digital Health Agency (the Agency) for gift
registers and other documents under the Freedom of Information Act 1982.
If you have any questions, please contact us at
[1][ADHA request email].
Yours sincerely
FOI Team
Information Office
Strategic Service Design and Delivery
[2]cid:image003.jpg@01D3951D.74AE5A50
Australian Digital Health Agency
Email [3][email address]
Web [4]www.digitalhealth.gov.au
The Australian Digital Health Agency 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.
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:[ADHA request email]
3. mailto:[email address]
4. http://www.digitalhealth.gov.au/