FOI 4400 decision.pdf

Reference: FOI 4400

J S
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear J S,

Your Freedom of Information request

I refer to your request of 8 May 2023 to the Department of Health and Aged Care (‘the
department’), made under the Freedom of Information Act 1982 (Cth) (‘FOI Act’):
Can  the  Minister’s  Office  or  Department  of  Health  please  advise  on  what  dates  the
following three organisations were advised of 60 day dispensing being included in the
budget and what, if any, consultation was undertaken with these groups and on what
dates:
- Pharmaceutical Society of Australia (peak pharmacist body in Australia)
- Pharmacy Guild of Australia (employers organisation representing pharmacy owners)
- Royal Australian College of General Practitioners (peak body for GPs in Australia)
Can you also please advise any analysis, if any, that was undertaken to see financial
impact to pharmacies of this policy, as well as any analysis showing benefits to the public
and paying consumers.

Background

The FOI Act provides a right to obtain access to a document of an agency, unless the
document is exempt. The right of access under the FOI Act is to existing documents,
rather than to information. Although a request may be framed by reference to a
document that contains particular information, the right of access provided for under
the FOI Act is to existing documents held by the agency.

The FOI Act does not require an agency to provide information in answer to
questions, outside the requirements to process and respond to a request to obtain
access to a document.
The right to obtain access to documents under the FOI Act also does not apply to all
documents that are in the possession of the agency. The FOI Act does not apply to
documents that are open to public access under other arrangements (see s 12(1) of the
FOI Act and paragraph 2.60 of the guidelines issued by the Australian Information
Commissioner under s 93A of the FOI Act).


GPO Box 9848 Canberra ACT 2601 - www.health.gov.au

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To assist you, the department can advise that the Pharmacy Guild of Australia (the
Guild) was first alerted to consideration of the policy of 60 day dispensing in 2018.
Consultation with the Guild commenced ahead of the 2023-24 Budget on 28 March
2023.

In relation to relevant analysis, I refer you to ‘Lowering the Costs of Medicines
through Changes to Maximum Dispensing Quantities’ published by the Office of
Impact Analysis: https://oia.pmc.gov.au/published-impact-analyses-and-
reports/lowering-costs-medicines-through-changes-maximum-dispensing

Freedom of Information decision

I am authorised under subsection 23(1) of the FOI Act to make decisions in relation to
Freedom of Information requests. I am writing to notify you of my decision on your
request.

I have decided to refuse your request in accordance with subsection 24A(1) of the
FOI Act, as the department does not hold the documents you have requested.

The reasons for my decision are set out in ATTACHMENT A.

Legislative provisions

The FOI Act, including the provisions referred to in my decision, are available on the
Federal Register of Legislation website:
www.legislation.gov.au/Series/C2004A02562.

Your review rights

I have set out your review rights at ATTACHMENT B.

Contacts
If you require clarification of any matters discussed in this letter you can contact the
FOI Section on (02) 6289 1666 or at xxx@xxxxxx.xxx.xx.

Yours sincerely,

Jerome Boland
Acting Assistant Secretary
Technology Assessment and Access Division

13 July 2023

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ATTACHMENT A.
REASONS FOR DECISION
FO 4400

1.
Material taken into account

In making my decision, I had regard to the following:
•  the FOI Act
•  guidelines  issued  by  the  Australian  Information  Commissioner  under
section 93A of the FOI Act (FOI Guidelines)
•  the terms of your FOI request as outlined above
•  the content of the documents sought, and
•  advice from departmental officers with responsibility for matters relating to
the documents sought.

2.
Reasons for decision

In making my decision, I have had regard to the following:
•  the FOI Act
•  Guidelines issued by the Australian Information Commissioner under section
93A of the FOI Act (FOI Guidelines)
•  the terms of your FOI request as outlined above, and
•  advice from departmental officers with responsibility for matters relating to the
documents sought.

The right to request access to a document in accordance with the FOI Act relates to
documents  in  the  possession  of  the  department  (see  definition  of  ‘document  of  an
agency’ in s 4 of the FOI Act).
Section 24A of the FOI Act provides that:
(1)  An agency or Minister may refuse a request for access to a document if:
(a)  all reasonable steps have been taken to find the document, and
(b)  the agency or Minister is satisfied that the document:
(i)
is in the agency's or Minister's possession but cannot be found, or
(ii)
does not exist.

The relevant business area within the department has conducted searches of the
department’s information holdings. No discrete documents matching the description
in your request were identified as being in the possession of the department. Based on
these  searches,  I  am  satisfied  that  all  reasonable  steps  have  been  taken  to  find  the
documents and the documents cannot be located or do not exist in the possession of
the department.

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I am refusing your request in accordance with subsection 24A(1) of the FOI Act as the
department does not hold the documents you have requested.

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ATTACHMENT B.
YOUR REVIEW RIGHTS

If you are dissatisfied with my decision, you may apply for a review.

Internal review

You can request internal review within 30 days of you receiving this decision. An
internal review will be conducted by a different officer from the original decision-
maker.

No particular form is required to apply for review although it will assist your case to
set out the grounds on which you believe that the original decision should be changed.

Applications for internal review can be made by:

Email:
xxx@xxxxxx.xxx.xx
Mail:
FOI Unit (MDP 516)
Department of Health
GPO Box 9848
CANBERRA ACT 2601
If you choose to seek an internal review, you will also have a right to apply for
Information Commissioner review (IC review) of the internal review decision once it
has been provided to you.

Information Commissioner review or complaint

You also have the right to seek Information Commissioner (IC) review of this
decision. For FOI applicants, an application for IC review must be made in writing
within 60 days of the decision. For third parties who object to disclosure of their
information, an application for IC review must be made in writing within 30 days of
the decision.

If you are not satisfied with the way we have handled your FOI request, you
can lodge a complaint with the OAIC. However, the OAIC suggests that complaints
are made to the agency in the first instance.

While  there  is  no  particular  form  required  to  make  a  complaint  to  the  OAIC,  the
complaint should be in writing and set out the reasons for why you are dissatisfied
with the way your request was processed. It should also identify the Department of
Health and Aged Care as the agency about which you are complaining.

You  can  make  an  IC  review  application  or  make  an  FOI  complaint  in  one  of  the
following ways:
•  online at www.oaic.gov.au/freedom-of-information/reviews-and-
complaints/
•  via email to xxxxx@xxxx.xxx.xx
•  by mail to GPO Box 5218 Sydney NSW 2001, or
•  by fax to 02 9284 9666.

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More information about the Information Commissioner reviews and complaints is
available on the OAIC website here: www.oaic.gov.au/freedom-of-information/foi-
review-process.

Complaint

If you are dissatisfied with action taken by the department, you may also make a
complaint directly to the department.

Complaints to the department are covered by the department’s privacy policy. A
form for lodging a complaint directly to the department is available on the
department’s website here: www.health.gov.au/about-us/contact-us/complaints