FOI reference: FOI 4876
Eperke Barsony
Right to Know
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Eperke Barsony
Decision on your Freedom of Information Request
I refer to your request of 12 December 2023 to the Department of Health and Aged
Care (the department), seeking access under the Freedom of Information Act 1982 (Cth)
(FOI Act) to:
1. The minutes of the meetings Pico Advisory Subcommittee meeting on 7-8 December 2023,
referencing item 1754 - Patient consultations and surgical procedures for gender affirmation
in adults with gender incongruence
2. Any documentation relied upon, or otherwise referenced in these meetings
Clarification/Modification of scope of request
On 2 January 2024, following consultation with you, you agreed to modify the scope
of your request to the following:
I agree to exclude the consultation input from individuals, especially any input that would
threaten the privacy of trans consultants.
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.
FOI decision
I have identified 40 documents that are relevant to your request. These documents
were in the possession of the department when your request was received.
I note that some of the documents in scope of the request, specifically a number of
submissions made to  the Pico Advisory Subcommittee, were  redacted prior to the
Subcommittee considering them. These redactions were not made pursuant to the FOI
Act.


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

link to page 4 link to page 10 link to page 21 - 2 -
I have decided to:
•  give access to information relevant to your request in ten documents in full
•  give access to  twenty-seven  documents  in part, subject to the deletion of
exempt material
•  refuse access to three documents as they contain fully exempt material.
A schedule setting out the documents relevant to your request, with my decision in
relation to those documents, is at ATTACHMENT A.
My reasons for not providing access to material that has been deleted from the
documents are set out in ATTACHMENT B.
The documents contain the names and telephone numbers of departmental employees.
When your request was acknowledged, we notified you that this material would be
considered irrelevant to the scope of your request unless you told us that you were
seeking access to that material. On the basis that you did not notify us otherwise, this
information has been deleted under section 22 of the FOI Act as outlined above.
Legislative provisions
The FOI Act, including the provisions referred to in my decision, is available on the
Federal Register of Legislation website: www.legislation.gov.au/Series/C2004A02562.
The Privacy Act 1988 (Cth) (Privacy Act) can also be accessed from the Federal
Register of Legislation website here: www.legislation.gov.au/Series/C2004A03712.
Your review rights
I have set out your review rights at ATTACHMENT C.
Publication
Where I have decided to release documents to you, the department may also publish
the released material on its Disclosure Log. The department will not publish personal
or business affairs information where it would be unreasonable to do so.
For your reference the department’s Disclosure Log can be found at:
www.health.gov.au/resources/foi-disclosure-log.

- 3 -
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

Caroline Turnour
Assistant Secretary
Technology Assessment and Access Office Health Technology Assess Branch
12 March 2024

link to page 1 link to page 4 - 4 -
ATTACHMENT A.
SCHEDULE OF DOCUMENTS
FOI 4876

Document  Pages
Date
Description
Decision on
Relevant
access1
provision/s
of FOI Act
1
23  24/03/2023   Combination Australian Medical
R

Association Position Statement
on LGBTQIA+ Health – 2021;
and AusPATH: Public Statement
on Gender Affirming AusPATH:
Public Statement on Gender
Affirming Healthcare, including
for Trans Youth
2
9
24/03/2023   Australian Society of Plastic
RE
s 47F
Surgeons Inc - Patient
Consultations and Surgical
Procedures for Gender
Affirmation in Adults with
Gender Incongruence - MSAC
Application - lodgement
summary
3
14  24/03/2023   Australian Society of Plastic
RE
s 47 F
Surgeons Inc - Patient
Consultations and Surgical
Procedures for Gender
Affirmation in Adults with
Gender Incongruence - MSAC
Application - lodgement
summary
4
35  24/03/2023   Australian Society of Plastic
RE
s 47F
Surgeons Inc - Patient
Consultations and Surgical
Procedures for Gender
Affirmation in Adults with
Gender Incongruence - MSAC
Application - Population
5
2
24/03/2023   Australian Society of Plastic
R

Surgeons Inc - Patient

1 E = Exempt in full, R = Release in full, RE = Release with exempt information deleted, RI = Release
with irrelevant information deleted, REI = Release with exempt & irrelevant information deleted.

link to page 4 - 5 -
Document  Pages
Date
Description
Decision on
Relevant
access1
provision/s
of FOI Act
Consultations and Surgical
Procedures for Gender
Affirmation in Adults with
Gender Incongruence - MSAC
Application - Gender
Affirmation PICO Set Reference
List
6
1
24/03/2023   Australian Society of Plastic
R

Surgeons Inc - Patient
Consultations and Surgical
Procedures for Gender
Affirmation in Adults with
Gender Incongruence - MSAC
Application - Gender
Affirmation Inputs used to
calculate proposed MBS fee
7
24  24/03/2023   Australian Society of Plastic
R

Surgeons Inc - Patient
Consultations and Surgical
Procedures for Gender
Affirmation in Adults with
Gender Incongruence - MSAC
Application - Gender
Affirmation PICO Set_Estimate
of People Treated and Number of
Surgeries
8
42  7/12/23
1754 - Dec 2023 PASC
E
s 47C,
Presentation
s 47E (d)
9
37  16/11/2023  1754 Pre-PASC PICO
RE
s 47C
Confirmation document
10
37  24/11/2023  1754 Pre-PASC PICO
RE
s 47C
Confirmation - Suggested
Revisions by Applicant
document
11
43  24/11/2023  1754 Pre-PASC PICO
RE
s 47C
Confirmation - Suggested
Revisions by Applicant
document

link to page 4 - 6 -
Document  Pages
Date
Description
Decision on
Relevant
access1
provision/s
of FOI Act
12
2
28/11/2023  Australian Society of Plastic
E
s 47C
Surgeons Inc current clinical
algorithm
13
4
28/11/2023  Australian Society of Plastic
E
s 47C
Surgeons Inc proposed clinical
algorithm
14
10  24/05/2023  MSAC Executive Teleconference
REI
s 22,
Agenda - 1754 Gender
s 47E (d),
affirmation
s 47C
15
2
24/05/2023  Excerpt of July 2022 MSAC
RE
s 47C
Executive Minutes for Gender
Affirmation
16
10  24/05/2023  Department summary of gender
RE
s 47C
affirmation surgery items and

clinical algorithm
17
2
24/05/2023  Department summary of patient
R

and multidisciplinary
consultation items
18
2
15/08/2023  Letter of response from
RE
s 47E (d),
Australian Society of Plastic
s 47F
Surgeons Inc to MSAC
19
4
26/7/23
Excerpt - Final MSAC Executive
RE
s 47C
Minutes - 26 May 23 - ratified 26
Jul 23
20
22  1/8/23 (date  Power Point presentation -
RE
s 47F
on letter)
Gender incongruence treatment
systematic review from applicant
21
8
24/10/2023  Parents of Adolescents with
R

Gender Distress – Victoria -
Organisation consultation input
on MSAC consultation survey
22
1
26/10/2023  Letter from The Royal Australian
RE
s 47F
& New Zealand College of
Psychiatrists with consultation
input on MSAC Application 1754

link to page 4 - 7 -
Document  Pages
Date
Description
Decision on
Relevant
access1
provision/s
of FOI Act
23
10  30/10/2023  Email - Gender pathways service
REI
s 22,
- Redacted with attached
s 47F
Organisation consultation input
on MSAC consultation survey
24
6
1/11/2023
Thorne Harbour Health -
R

Redacted Organisation
consultation input on MSAC
consultation survey
25
13  2/11/2023
Genspect - Redacted
RI
s 22,
Organisation consultation
s47F
(consumer organisation) input on
MSAC consultation survey
26
7
2/11/2023
Royal Australian and New
R

Zealand College of Obstetricians
and Gynaecologists - Redacted
Organisation consultation
(medical organisation) input on
MSAC consultation survey
27
46  2/11/2023
Trans Health Research -
RE
s 47,
Redacted Organisation
s 47F
consultation (medical
organisation) input on MSAC
consultation survey and journal
publications
28
9
3/11/2023
USANZ – on behalf of 3x
REI
s 22,
Urologist, Fellowship Trained in
s 47F
Genital Gender Affirmation
Surgery - Redacted Organisation
consultation (medical
organisation) input on MSAC
consultation survey
29
10  3/11/2023
Family Planning Alliance
REI
s 22,
Australia and Sexual Health
s 47F,
Quarters (FPAA and SHQ) -
s 47G 1(a)
Redacted Organisation

consultation (medical
organisation) input on MSAC
consultation survey and letter

link to page 4 - 8 -
Document  Pages
Date
Description
Decision on
Relevant
access1
provision/s
of FOI Act
30
7
3/11/2023
TransFolk of WA - Redacted
REI
s 22,
Organisation consultation
s 47F
(consumer organisation) input on
MSAC consultation survey
31
13  3/11/2023
ACON Redacted Letter with
REI
s 22,
consultation input, including an
s 47F
evidence brief on gender
affirming surgery
32
7
3/11/2023
Public Health Association of
RI
s 22
Australia – Diversity, Equity and

Inclusion Special Interest Group -
Redacted Organisation
consultation input on MSAC
consultation survey
33
8
3/11/2023
Monash Health - Redacted
R

Organisation consultation input
on MSAC consultation survey
34
2
6/11/2023
Australian Medical Association -
RE
s 47F
Redacted Letter with
organisational input
35
14  6/11/2023
Trans Gender Victoria -
RE
s 47F
Redacted Organisation
consultation input in provided as
a report and MSAC Consultation
survey
36
11  7/11/2023
LGBTIQ+ Health Australia’s -
RE
s 47F
Redacted Organisation
consultation input in provided as
a report and MSAC Consultation
survey
37
6
10/11/2023  Australian and New Zealand
R

Association of Oral and
Maxillofacial Surgeons Inc -
Redacted Organisation
consultation input on MSAC
consultation survey

link to page 4 - 9 -
Document  Pages
Date
Description
Decision on
Relevant
access1
provision/s
of FOI Act
38
2
17/11/2023  Royal Australasian College of
RE
s 47F
Surgeons - Redacted Email to
MSAC - MSAC application 1754 -
Consultation request - Royal
Australian College of Surgeons
39
9
24/11/2023  MBS-related PASC Policy Paper -
RE
s 47F
Application 1754
40
2
24/11/2023  Table titled Table 1 Existing
RE
s 38
similar items in/out hospital
services FY 22/23
Attachment to document #39

link to page 1 - 10 -
ATTACHMENT B.
REASONS FOR DECISION
FOI 4876
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
•  submissions from third parties consulted about documents which contain
information concerning them
•  the content of the documents sought, and
•  advice from departmental officers with responsibility for matters relating to
the documents sought.
2.  Finding of facts and reasons for decision
My findings of fact and reasons for deciding that the exemptions  identified in the
schedule of documents apply to the parts of documents are set out below.
3.  Section 38 - Documents to which secrecy provisions of enactments apply
Section 38 of the FOI Act provides that a document is an exempt document if
disclosure of the document, or information contained in the document, is prohibited
under a provision of an enactment; and that provision is specified in Schedule 3 of the
FOI Act.
Relevantly, Schedule 3 of the FOI Act specifies the following secrecy provision:
•  Health Insurance Act 1973, subsections 130(1), (4) and (9)
I am satisfied that the information contained in parts of the document marked ‘s38’ in
the schedule is subject to the secrecy provisions contained in the Health Insurance Act
1973 (Cth).
I am further satisfied that subsections 38(1A) and 38(2) of the FOI Act do not apply in
this instance and are not relevant to my decision.
For the reasons outlined above, I have decided that the parts of the documents marked
‘s38’ in the schedule are exempt from disclosure under section 38 of the FOI Act.

- 11 -
4.  Section 47 - Documents disclosing trade secrets or commercially valuable
information
Subsection 47(1) of the FOI Act provides that a document is an exempt document if its
disclosure would disclose:
(a) trade secrets; or
(b) any other information having a commercial value that would be, or could
reasonably be expected to be, destroyed or diminished if the information
were disclosed.
Commercially valuable information
Paragraphs 5.204 and 5.205 of the FOI Guidelines state:
5.204   To be exempt under s 47(1)(b) a document must satisfy two criteria:
•  the document must contain information that has a commercial value either
to an agency or to another person or body, and
•  the commercial value of the information would be, or could reasonably be
expected to be, destroyed or diminished if it were disclosed
5.205   It is a question of fact whether information has commercial value, and whether
disclosure would destroy or diminish that value. The commercial value may relate, for
example, to the profitability or viability of a continuing business operation or
commercial activity in which an agency or person is involved. The information need not
necessarily have ‘exchange value’, in the sense that it can be sold as a trade secret or
intellectual property. The following factors may assist in deciding in a particular case
whether information has commercial value:
•  whether the information is known only to the agency or person for whom
it has value or, if it is known to others, to what extent that detracts from its
intrinsic commercial value
•  whether the information confers a competitive advantage on the agency or
person to whom it relates — for example, if it lowers the cost of
production or allows access to markets not available to competitors
•  whether a genuine “arm’s-length” buyer would be prepared to pay to
obtain that information
•  whether the information is still current or out of date (out of date
information may no longer have any value), and
•  whether disclosing the information would reduce the value of a business
operation or commercial activity — reflected, perhaps, in a lower share
price
I am satisfied that the relevant information contained in the documents:
•  is only known to the department and the affected third party for whom it has
value

- 12 -
•  is not known to others, and disclosure of the information would detract from
its intrinsic commercial value
•  confers a competitive advantage on the affected third party, and provides the
affected third party with access to markets not available to its competitors
•  is something that a genuine “arm’s length” buyer would be prepared to pay to
obtain
•  is still current, and retains its intrinsic value to the affected third party
•  would reduce in value to the business operations or commercial activities of
the affected third party if disclosed.
As notified to you on 12 January 2024, in accordance with the obligations under section
27 of the FOI Act, the department has consulted with affected third parties. In making
my decision on access to the relevant documents, I have taken into consideration the
exemption submissions made during that consultation process.
For the reasons outlined above, I have decided that parts of the documents marked
‘s47’ in the schedule are exempt from disclosure under section 47 of the FOI Act.
5.  Section 47C – Deliberative processes
Section 47C of the FOI Act provides that a document is conditionally exempt if its
disclosure would disclose matter (deliberative matter) in the nature of, or relating to,
opinion, advice or recommendation obtained, prepared or recorded, or consultation
or deliberation that has taken place, in the course of, or for the purposes of, the
deliberative processes involved in the functions of an agency; or a Minister; or the
Government of the Commonwealth.
Deliberative process
Paragraph 6.58 of the FOI Guidelines states that a deliberative process involves the
exercise of judgement in developing and making a selection from different options:
The action of deliberating, in common understanding, involves the weighing up or
evaluation of the competing arguments or considerations that may have a bearing upon
one’s course of action. In short, the deliberative processes involved in the functions of an
agency are its thinking processes – the processes of reflection, for example, upon the
wisdom and expediency of a proposal, a particular decision or a course of action.
Paragraph 6.59 of the FOI Guidelines states that the ‘deliberative process’ generally refers
to the process of weighing up or evaluating competing arguments or considerations
or to thinking processes – the process of reflection, for example, upon the wisdom and
expediency of a proposal, a particular decision or a course of action.
Deliberative matter
Paragraph 6.63 of the FOI Guidelines states that ‘deliberative matter’ is a shorthand term
for ‘opinion, advice and recommendation’ and ‘consultation and deliberation’ that is
recorded or reflected in a document. There is no reason generally to limit the ordinary

- 13 -
meanings given to the words ‘opinion, advice or recommendation, consultation or
deliberation’.
I am satisfied that the parts of the documents marked ‘s47C’ in the schedule contain
material that meets the criteria of deliberative matter, and that this material forms part
of a deliberative process. The documents set out the weighing up and evaluation of
competing arguments, and can be characterised as the thinking process of the
department or the process of reflection upon the wisdom and expediency of a
particular proposal.
Purely factual material
Paragraph 6.73 and 6.74 of the FOI Guidelines states that:
6.73
‘Purely factual material’ does not extend to factual material that is an integral
part of the deliberative content and purpose of a document, or is embedded in or
intertwined with the deliberative content such that it is impractical to excise it.
6.74
Where a decision maker finds it difficult to separate the purely factual material
from the deliberative matter, both the elements may be exempt. If the two elements can
be separated, the decision maker should consider giving the applicant a copy with
deletions under s 22 to provide access to the purely factual material.
I am satisfied that the  factual information contained within the documents is an
integral part of the deliberative content is embedded in or intertwined with the
deliberative content such that it is impractical to excise.
For the reasons outlined above, I have decided parts of the documents marked ‘s47C’
in the schedule are conditionally exempt from disclosure under section 47C of the FOI
Act.
Where a document is found to be conditionally exempt, the department must give
access to that document unless access to the document at this time would, on balance,
be contrary to the public interest. I have addressed the public interest considerations
below.
6.  Section 47F – Documents affecting personal privacy
Section 47F of the FOI Act provides that a document is conditionally exempt if its
disclosure would involve the unreasonable disclosure of personal information about
any person (including a deceased person).
Personal Information
Personal information has the same meaning as in the Privacy Act. Specifically, section
6 of the Privacy Act provides that personal information means information or an opinion
about an identified individual, or an individual who is reasonably identifiable whether
the information or opinion is true or not; and whether the information or opinion is
recorded in a material form or not.
Paragraph 6.131 of the FOI Guidelines states that for particular information to be
personal information, an individual must be identified or reasonably identifiable.

- 14 -
Paragraph 6.130 of the FOI Guidelines states that personal information can include a
person’s name, address, telephone number, date of birth, medical records, bank
account details, taxation information and signature.
An individual is a natural person rather than a corporation, trust, body politic or
incorporated association.
This provision of the FOI Act specifically extends to the personal information of
deceased persons.
I am satisfied that parts of the documents marked ‘s47F’  in the schedule  include
personal information and/or sensitive personal health information
Unreasonable Disclosure of Personal Information
Subsection 47F(2) of the FOI Act provides that in determining whether a disclosure
would involve the unreasonable disclosure of personal information, I must have
regard to the following matters:
(a)  the extent to which the information is well known
(b) whether the person to whom the information relates is known to be (or to have
been) associated with the matters dealt with in the document
(c)  the availability of the information from publicly accessible sources
(d) any other matters that the agency or Minister considers relevant.
Paragraph 6.138 of the FOI Guidelines states that:
The personal privacy exemption is designed to prevent the unreasonable invasion of
third parties’ privacy. The test of ‘unreasonableness’ implies a need to balance the public
interest in disclosure of government-held information and the private interest in the
privacy of individuals. The test does not, however, amount to the public interest test of
s 11A(5), which follows later in the decision making process. It is possible that the
decision maker may need to consider one or more factors twice, once to determine if a
projected effect is unreasonable and again when assessing the public interest balance.
I note that the AAT, in Re Chandra and Minister for Immigration and Ethnic Affairs [1984]
AATA 437 at paragraph 259, stated that:
... whether a disclosure is ‘unreasonable’ requires … a consideration of all the
circumstances, including the nature of the information that would be disclosed, the
circumstances in which the information was obtained, the likelihood of the information
being information that the person concerned would not wish to have disclosed without
consent, and whether the information has any current relevance … it is also necessary in
my view to take into consideration the public interest recognised by the Act in the
disclosure of information … and to weigh that interest in the balance against the public
interest in protecting the personal privacy of a third party ...
Paragraphs 6.142 and 6.143 of the FOI Guidelines state:
6.142
Key factors for determining whether disclosure is unreasonable include:
•  the author of the document is identifiable
•  the documents contain third party personal information

- 15 -
•  release of the documents would cause stress on the third party
•  no public purpose would be achieved through release
6.143
As discussed in the leading s 47F IC review decision of ‘FG’ and National
Archives of Australia [2015] AICmr 26, other factors considered to be relevant include:
•  the nature, age and current relevance of the information
•  any detriment that disclosure may cause to the person to whom the
information relates
•  any opposition to disclosure expressed or likely to be held by that person
•  the circumstances of an agency’s collection and use of the information
•  the fact that the FOI Act does not control or restrict any subsequent use or
dissemination of information released under the FOI Act
•  any submission an FOI applicant chooses to make in support of their
application as to their reasons for seeking access and their intended or likely
use or dissemination of the information, and
•  whether disclosure of the information might advance the public interest in
government transparency and integrity
Paragraph 6.153 of the FOI Guidelines states:
Where public servants’ personal information is included in a document because of their
usual duties or responsibilities, it would not be unreasonable to disclose unless special
circumstances existed. This is because the information would reveal only that the public
servant was performing their public duties. Such information may often also be publicly
available, such as on an agency website.
The documents contain the personal information of Australian Public Service (APS)
staff who are not in the Senior Executive Service (SES).
However, I note that in Chief Executive Officer, Services Australia and Justin Warren [2020]
AATA 4557 (Warren), at paragraph 83, Deputy President S A Forgie noted:
The whole of the FOI Act is a finely tuned balance between two interests. In one side of
the balance is the facilitation and promotion of access to a national resource that is
information held by Government, which enables increased public participation in
Government processes and increased scrutiny, discussion, comment, and review of the
Government’s activities. In the other is the protection of the national interest, the
essential operation of government and the privacy of those who deal with government.
It is most important, therefore, that its provisions be read very carefully and that
presumptions should not be introduced that are not expressed, or necessarily implicit,
in the words Parliament has chosen to achieve the balance that it wants. Those words
should be the starting point of any consideration rather than any presumption that
agencies and ministers should start from the position that the inclusion of the full names
of staff in documents increases transparency and increases the objects of the FOI Act.
I am satisfied that the disclosure of personal information contained within the
documents would, in the circumstances, constitute an unreasonable disclosure of
personal information for the following reasons:

- 16 -
•  the individuals whose personal information is contained in the documents are
identifiable
•  release of this information would cause anxiety to the individuals concerned
•  no further public purpose would be achieved through the release of the
personal information
•  the information is current and has not lost its sensitivity through the passage of
time
•  the placing of the personal information of individuals who work for a
government department into the public domain has the potential to place those
individuals at risk of harassment, abuse, threats and intimidation. This would
be detrimental to the individuals concerned, and potentially also their families.
Mitigating this risk is even more important with the prevalence of social media
and technology allowing individuals to be more easily identifiable and
contactable in online environments
•  the individuals would not expect the information to be placed in the public
domain, and detriment may be caused to the individuals to whom the
information relates, and
•  the FOI Act does not control or restrict any subsequent use or dissemination of
information released under the FOI Act.
In making my decision, I have consulted with the affected third parties regarding the
disclosure of their personal information, and I have considered any concerns raised by
those individuals.
For the reasons outlined above, I have decided that parts of the documents marked
‘s47F’ in the schedule are conditionally exempt from disclosure under section 47F of
the FOI Act.
Where a document is found to be conditionally exempt, the department must give
access to that document unless access to the document at this time would, on balance,
be contrary to the public interest. I have addressed the public interest considerations
below.
7.  Section 47G – Business information
Section 47G of the FOI Act provides that a document is conditionally exempt if its
disclosure would disclose information concerning a person in respect of his or her
business or professional affairs or concerning the business, commercial or financial
affairs of an organisation or undertaking, in a case in which the disclosure of the
information:
(a) would, or could reasonably be expected to, unreasonably affect that person
adversely in respect of his or her lawful business or professional affairs or
that organisation or undertaking in respect of its lawful business,
commercial or financial affairs; or

- 17 -
(b) could reasonably be expected to prejudice the future supply of information
to the Commonwealth or an agency for the purpose of the administration of
a law of the Commonwealth or of a Territory or the administration of
matters administered by an agency.
Business information
Paragraph 6.184 of the FOI Guidelines states that the conditionally exempt information
must have some relevance to a person in respect of his or her business or professional
affairs or to the business, commercial or financial affairs of an organisation or
undertaking.
Paragraph 6.192 of the FOI Guidelines states that the use of the term ‘business or
professional affairs’ distinguishes an individual’s personal or private affairs and an
organisation’s internal affairs. The term ‘business affairs’ has been interpreted to mean
‘the totality of the money-making affairs of an organisation or undertaking as distinct
from its private or internal affairs’.
Paragraph 6.194 of the FOI Guidelines states that ‘profession’ is not static, and is clearly
intended to cover the work activities of a person who is admitted to a recognised
profession and who ordinarily offers professional services to the public for a fee.
The parts of the documents marked ‘s47G’ in the schedule contain business affairs
information that is relevant to the business, commercial or financial affairs of an
organisation or undertaking. This information is relevant to the profitability and
financial viability of an organisation or undertaking, and does not relate to its private
or internal affairs.
As such, I am satisfied that this information is business information.
Unreasonable adverse effect of disclosure
Paragraph 6.187 of the FOI Guidelines states that the presence of ‘unreasonably’ in
subsection 47G(1) implies a need to balance public and private interests. The public
interest, or some aspect of it, will be one of the factors in determining whether the
adverse effect of disclosure on a person in respect of his or her business affairs is
unreasonable. I must therefore balance the public and private interest factors to decide
whether disclosure is unreasonable for the purposes of paragraph 47G(1)(a); but this
does not amount to the public interest test of subsection 11A(5), which follows later in
the decision process.
Paragraph 6.188 of the FOI Guidelines goes on to state that the test of reasonableness
applies not to the claim of harm but to the objective assessment of the expected adverse
effect. I must balance the public interest against a private interest of the affected third
parties in preserving the profitability of their businesses.
I am satisfied that the disclosure of the business affairs information would result in an
adverse effect on a person in respect of the business affairs of an organisation or
undertaking. I have also had regard to the public and private interest factors, and I am
satisfied that the preservation of the profitability and ongoing viability of the affected
third party business outweighs the public interest in the disclosure of this information.

- 18 -
8.  Disclosure is not in the public interest
Pursuant to subsection 11A(5) of the FOI Act, the department must give access to
conditionally exempt documents unless access to the documents at that time would,
on balance, be contrary to the public interest. I have therefore considered whether
disclosure of the documents would be contrary to the public interest.
Paragraph 6.5 of the FOI Guidelines states:

The public interest test is considered to be:
•  something that is of serious concern or benefit to the public, not merely
of individual interest
•  not something of interest to the public, but in the interest of the public
•  not a static concept, where it lies in a particular matter will often depend
on a balancing of interests
•  necessarily broad and non-specific and
•  relates to matters of common concern or relevance to all members of the
public, or a substantial section of the public.
Factors favouring disclosure
Section 11B of the FOI Act provides that factors favouring access to documents in the
public interest include whether access to the documents would do any of the
following:
•  promote the objects of the FOI Act (including all matters set out in sections 3
and 3A)
•  inform debate on a matter of public importance
•  promote effective oversight of public expenditure, or
•  allow a person to access his or her own personal information.
Having regard to the above, I consider that disclosure of the conditionally exempt
information at this time:
•  would provide access to documents held by an agency of the Commonwealth
which would promote the objects of the FOI Act by providing the Australian
community with access to information held by the Australian Government.
•  would inform debate on a matter of public importance
•  would not promote effective oversight of public expenditure

- 19 -
Factors weighing against disclosure
I consider that the following public interest factors weigh against disclosure of the
conditionally exempt information at this time, on the basis that disclosure:
•  s47Ccould reasonably be expected to prejudice the early developmental stages
of forming opinion, advice and recommendations during deliberative processes
by creating an environment in which there is a  chilling effect on the open
consideration of all options that have the potential to be put forward
s47F - general
•  could reasonably be expected to prejudice the protection of the relevant
individuals’ right to personal privacy, noting that the substance of  the
documents has been released to you and disclosure of the personal information
would not provide you with any further insight into the workings of
government
•  would not achieve any public purpose and, on balance, would harm the
individual’s right to personal privacy
s47F – staff names
•  would prejudice the department’s ability to meet its statutory obligations and
responsibilities in relation to the work health and safety of its employees
s47G
•  could reasonably be expected to prejudice the department’s ability to obtain
confidential information
•  could reasonably be expected to prejudice an agency’s ability to obtain similar
information in the future
In making my decision, I have not taken into account any of the irrelevant factors set
out in subsection 11B(4) of the FOI Act, which are:
(a) access to the document could result in embarrassment to the
Commonwealth Government, or cause a loss of confidence in the
Commonwealth Government;
(b) access to the document could result in any person misinterpreting or
misunderstanding the document;
(c) the author of the document was (or is) of high seniority in the agency to
which the request for access to the document was made;
(d) access to the document could result in confusion or unnecessary debate.

- 20 -
Conclusion
For the reasons set out above, after weighing all public interest factors for and against
disclosure, I have decided that, on balance, disclosure of some of the conditionally
exemption information would be in the public interest. I am satisfied that the benefit
to the public resulting from disclosure outweighs the benefit to the public of
withholding the information. Accordingly, I have decided to release that conditionally
exempt information.
However, after weighing all public interest factors for and against disclosure of the
remaining conditionally exempt information, I have decided that, on balance,
disclosure of that information would be contrary to the public interest. I am satisfied
that the benefit to the public resulting from disclosure is outweighed by the benefit to
the public of withholding the information. Accordingly, I have caused that
conditionally exempt information to be redacted from the documents provided to you.
9. Section 22 – deletion of irrelevant material
Section 22 of the FOI Act applies to documents containing exempt material
(subparagraph (1)(a)(i)) and irrelevant information (subparagraph (1)(a)(ii)) and
allows an agency to delete such material from a document.
I have deleted material in the documents which can reasonably be regarded as
irrelevant to your request and prepared an edited copy for release. This information
has been marked ‘s22’ in the documents released to you.
The documents contain the names and telephone numbers of Department of Health
and Aged Care employees. When your request was acknowledged, we notified you
that this material would be considered irrelevant to the scope of your request unless
you told us that you were seeking access to that material. On the basis that you did not
notify us otherwise, this information has been deleted under section 22 of the FOI Act
as outlined above.

- 21 -
ATTACHMENT C.
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 and Aged Care
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

- 22 -
• by fax to 02 9284 9666.
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.

Document Outline