Our ref: F22/1420
Sent via email to:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Isabel
Freedom of Information
Section 17(2) Notice of Refusal
I refer to your application under the
Freedom of Information Act 1982 (the Act) requesting
access to:
"I'm requesting a full formal 'Vaccine Safety Surveillance Report' for the years of
2020, 2021 and 2022.
That of similar to the Western Australian report of 2021.
https://urldefense.com/v3/__https://www.health.wa.gov.au/*/media/Cor__;fg!!C5rN6b
SF!F3VxpWs5w5lz9T0yd2N9-
bOJlHp4nJiqZI5B_9XtJZW5dqBpmBHA894ktuy37DsLfOeSfZKwUauywWv9IGNbIfox
NPHVC1ZLo-Pnbw$ ...
Without any amendments, alterations and editing in any way, shape or form."
I also refer to my correspondence dated 7 August 2023, in which I requested that the
application fee or evidence of hardship be provided, or your request would be refused as it is
not a valid request. A copy of this correspondence is attached.
As you have not responded to my correspondence, I formally advise you of my decision to
refuse to process your application under section 17(2) of the Act, as it is not a valid FOI request.
Complaint Rights
If you are not satisfied with my decision you have the right to apply to the Office of the Victorian
Information Commissioner (the Commissioner) and make a complaint. A complaint needs to
be made in writing within 60 days.
I have enclosed a fact sheet providing further information on making a request for a complaint
to the Commissioner.
Yours sincerely
Mike Cain
Manager, Freedom of Information and Legal Compliance
22/09/2023
Enc.
1. Fact Sheet – Office of the Victoria Information Commissioner – Complaints
2. Copy of previous section 17 correspondence
FOI Health (HEALTH)
From:
FOI Health (HEALTH)
Sent:
Monday, 7 August 2023 4:28 PM
To:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Subject:
Freedom of Information - F23/1420 - Invalid request - Application fee required
Good afternoon Isabel
I refer to your application under the
Freedom of Information Act 1982 (the Act) requesting access to:
"I'm requesting a full formal 'Vaccine Safety Surveillance Report' for the years of 2020, 2021 and 2022.
That of similar to the Western Australian report of 2021.
https://urldefense.com/v3/__https://www.health.wa.gov.au/*/media/Cor__;fg!!C5rN6bSF!F3VxpWs5w5lz9T0y
d2N9‐bOJlHp4nJiqZI5B_9XtJZW5dqBpmBHA894ktuy37DsLfOeSfZKwUauywWv9IGNbIfoxNPHVC1ZLo‐Pnbw$ ...
Without any amendments, alterations and editing in any way, shape or form."
Your application was received on Monday 24 July 2023.
Please note, you are not using the correct email address for the FOI unit of the Victorian Department of Health. Please
direct all future correspondence to this email address.
Invalid request – Application fee required
The Act provides that an application fee of $31.80 must accompany each request. The department's preferred method of
payment is via the Victorian Government's online FOI portal at the below link:
https://online.foi.vic.gov.au/foi/request.doj
Please quote your reference number (
F23/1420) in the "Request Details" section of the online form. You do not need to
provide the wording of your request again.
The Act also provides that the application fee may be waived or reduced if payment of the fee would cause financial
hardship. If you consider this to be the case the fee may be waived or reduced on production of evidence of how the
payment of the application fee would cause you hardship.
As stated on the Office of the Victorian Information Commissioner’s website, an applicant should provide evidence of
hardship when they are requesting an agency to waive or reduce the application fee:
‘If you request the application fee to be waived or reduced, you should provide evidence of hardship – for
example, a concession or health care card, a bank statement, or statutory declaration outlining why payment
would cause you hardship.’
Please note, your request cannot proceed until the application fee or evidence of hardship has been received as it is not
a valid request.
1
I would appreciate it if you would respond by
29 August 2023, otherwise I will assume that you do not wish to proceed
and no further action will be taken by the department.
Please direct all correspondence relating to your request to xxx@xxxxxx.xxx.xxx.xx.
Kind regards,
Authorised Officer | Freedom of Information unit Legal, Privacy and Integrity
Department of Health
www.health.vic.gov.au
2
Freedom of Information
Complaints
Factsheet
If you are not satisfied with the way that the department processed your freedom of information request, you
may lodge a complaint with the Office of the Victorian Information Commissioner (the Commissioner).
Types of Complaints
The Commissioner can investigate actions taken by agencies in processing requests.
Examples include:
if the department advises you that the documents cannot be located or that the documents do not exist
if you feel that the department’s response to a freedom of information request has been unreasonably
delayed beyond the statutory time period.
Timeframe for making a complaint
A complaint must be made within 60 days of the action or conduct which is the subject of the complaint.
How to make a complaint
Complaints must be made in writing and addressed to:
Victorian Information Commissioner
Office of the Victorian Information Commissioner
PO Box 24274
Melbourne Victoria 3001
Phone: 1300 006 842
xxxxxxxxx@xxxx.xxx.xxx.xx
Complaint application forms are available on the Commissioner’s website: www.ovic.vic.gov.au
To receive this publication in an accessible format phone (03) 9096 8449, using the
National Relay Service 13 36 77 if required, or email xxx@xxxxxx.xxx.xxx.xx
Authorised and published by the Victorian Government, 1 Treasury Place, Melbourne.
© State of Victoria, Department of Health, February 2021.
This fact sheet was created by the Department of Health for information purposes only. It is not a
replacement for independent legal advice.
