LEX 77559 Decision Decision letter final.pdf

If not delivered return to PO Box 7820 Canberra BC ACT 2610

21 December 2023

Our reference:  LEX 77559

Cynthia Albert

Only by email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Cynthia Albert
Decision on your Freedom of Information Request
I  refer  to  your  request  received  by  the  Department  of  Health  and  Aged  Care  on
7 December 2023 and transferred under section 16  of the Freedom of Information Act 1982
(the FOI Act) to Services Australia (the Agency) on 8 December 2023 for access under the
FOI Act to the following documents:
I would ask for the number of exemptions given to Australian politicians of every level,
from local government all the way up to federal government, and elites who received
exemptions from having to have any COVID-19 vaccinations and boosters.
My decision
I have decided to refuse your request for access under section 24A of the FOI Act on the basis
that all reasonable steps have been taken to locate the documents you have requested and I
am satisfied that they do not exist.

The  reasons  for  my  decision,  including  the  relevant  sections  of  the  FOI  Act,  are  set  out  in
Attachment A.
You can ask for a review of our decision
If you disagree with any part of the decision you can ask for a review. There are two ways you
can do this. You can ask for an internal review from within the Agency, or an external review
by  the  Office  of  the  Australian  Information  Commissioner..  See  Attachment  B  for  more
information about how to request a review.
Further assistance
If you have any questions please email xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx.

Yours sincerely

Kylie
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Reviews Branch | Legal Services Division
Services Australia
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If not delivered return to PO Box 7820 Canberra BC ACT 2610

Attachment A

REASONS FOR DECISION
What you requested
I would ask for the number of exemptions given to Australian politicians of every level,
from local government all the way up to federal government, and elites who received
exemptions from having to have any COVID-19 vaccinations and boosters.
What I took into account
In reaching my decision I took into account:
•  your request received by the Department of Health and Aged Care on 7 December
2023 and transferred under section 16 of the FOI Act to the Agency
•  searches undertaken to locate the requested documents
•  consultations with Agency officers about:
o  the nature of the documents
o  the Agency's operating environment and functions
•  guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (the Guidelines), and
•  the FOI Act.
Reasons for my decisions
I am authorised to make decisions under section 23(1) of the FOI Act.
Section 24A 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  Health  Programs  Division  conducted  searches  in  the  Agency’s  electronic  and  paper
records  and  data  sources.  This  Division  advised  that  no  documents  currently  exist  which
contain  the  information  you  have  requested.  Additionally,  they  advised  that  no  documents
could be created with this information under section 17 of the FOI Act using the ordinary use
of a computer, as the Agency does not have a list of every politician at all levels of government
in Australia, or ‘elites’, nor does the Australian Immunisation Registry capture references to
employment types.

On the basis of these searches, I am satisfied that in accordance with section 24A of the FOI
Act:
1.  all reasonable steps have been taken to find the documents; and
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2. the documents do not exist.
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If not delivered return to PO Box 7820 Canberra BC ACT 2610

Attachment B

INFORMATION ON RIGHTS OF REVIEW

FREEDOM OF INFORMATION ACT 1982

Asking for a full explanation of a freedom of information (FOI) decision
Before  you  ask  for  a  formal  review  of  a  FOI  decision,  you  can  contact  us  to  discuss  your
request.  We  will  explain  the  decision  to  you.  This  gives  you  a  chance  to  correct
misunderstandings.
Asking for a formal review of a FOI decision
If you still believe a decision is incorrect, the Freedom of Information Act 1982 (FOI Act) gives
you the right to apply for a review of the decision. Under sections 54 and 54L of the FOI Act,
you can apply for a review of an FOI decision by:
1.  an Internal Review Officer in  the Agency; and/or
2.  the Australian Information Commissioner.
Applying for an internal review by an Internal Review Officer
If you apply for internal review, a different decision maker to the Agency delegate who made
the  original  decision  will  carry  out  the  review.  The  Internal  Review  Officer  will  consider  all
aspects of the original decision and decide whether it should change. An application for internal
review must be:
•  made in writing
•  made within 30 days of receiving this letter
•  sent  to  the  address  at  the  top  of  the  first  page  of  this  letter  or  by  email  to
xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx
Note  :  You  do  not  need  to fill  in  a  form.  However,  it  is  a  good  idea to  set  out  any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
If you do not receive a decision from an Internal Review Officer in the Agency within 30 days
of applying, you can ask the Australian Information Commissioner for a review of the original
FOI decision.
You  will  have  60  days  to  apply  in  writing  for  a  review  by  the  Australian  Information
Commissioner.
You can lodge your application:
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Online:
www.oaic.gov.au
Post:
Australian Information Commissioner

GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx

Note: The Office of the Australian Information Commissioner generally prefers FOI applicants
to  seek  internal  review  before  applying  for  external  review  by  the  Australian  Information
Commissioner.
Important:
•  If you are applying online, the application form the 'FOI Review Form' is available at
www.oaic.gov.au.
•  If  you  have  one,  you  should  include  with  your  application  a  copy  of  the  Agency's
decision on your FOI request
•  Include your contact details
•  Set out your reasons for objecting to the Agency's decision.
Complaints to the Australian Information Commissioner and Commonwealth
Ombudsman
Australian Information Commissioner

You may complain to the Australian Information Commissioner concerning action taken by an
agency in the exercise of powers or the performance of functions under the FOI Act, There is
no fee for making a complaint. A complaint to the Australian Information Commissioner must
be made in writing. The Australian Information Commissioner's contact details are:

Telephone:      1300 363 992
Website:          www.oaic.gov.au

Commonwealth Ombudsman

You  may  also  complain  to  the  Commonwealth  Ombudsman  concerning  action  taken  by  an
agency in the exercise of powers or the performance of functions under the FOI Act. There is
no fee for making a complaint. A complaint to the Commonwealth Ombudsman may be made
in person, by telephone or in writing. The Commonwealth Ombudsman's contact details are:

Phone:             1300 362 072
Website:          www.ombudsman.gov.au

The  Commonwealth  Ombudsman  generally  prefers  applicants  to  seek  review  before
complaining about a decision.

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