LEX 78192 Decision Decision Letter.pdf

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

4 March 2024

Our reference:  LEX 78192
Ms Cynthia Albert

Only by email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Ms Albert
Decision on your Freedom of Information Request
I refer to your request received by the Department of Health and Aged Care on 1 February
2024 and transferred under section 16 of Freedom of Information Act 1982 (the FOI Act) to
Services Australia (the Agency) on 2 February 2024 for access under the  FOI Act  to the
following documents:
How many Australian Government employees, including ministers, premiers, officers
and any of their employees were given exemptions from having any covid 19
vaccinations and boosters.
My decision
The Agency holds one document (totalling 1 pages) that relates to your request.
I have decided to:
•  grant you full access to one document (Document 1), and
•  refuse access to parts of your request 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 they do not exist.
I have determined that it is appropriate for irrelevant information outside the scope of our
request to be deleted from the document in accordance with section 22 of the FOI Act.
Please see the schedule at Attachment A to this letter for a description of the document and
the reasons for my decision, including the relevant section of the FOI Act.
How we wil  send your document to you
The document is attached.
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.
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Further assistance
If you have any questions please email xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx

Yours sincerely

Leanne
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

REASONS FOR DECISION
What you requested
How many Australian Government employees, including ministers, premiers, officers
and any of their employees were given exemptions from having 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 1 February
2024 and transferred to the Agency on 2 February 2024 under section 16 of the FOI
Act
•  searches undertaken to locate the requested documents
•  the document which falls within the scope of your request
•  whether the release of material is in the public interest
•  consultations with Agency officers about:
o  the nature of the document
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 decision
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
(i ) does not exist.
The Health Programs Division and the Wellbeing and HR Support Division were consulted in
relation to your request. I considered these business areas to have the most appropriate
subject matter expertise to conduct searches in relation to your request.

These Divisions did not identify any documents that contain the number of Australian
Government employees, including Ministers, Premiers and Of icers who were given
exemptions from have any COVID-19 vaccinations and boosters. The FOI team were
advised by both Divisions that the Agency does not capture this information.
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On the basis of the searches  and advice provided, I am satisfied that in accordance with
section 24A of the FOI Act all reasonable steps have been taken to find the documents and
the documents do not exist.

Additional Information
The document provided is the last data set captured as at 8 August 2022 for Services
Australia employees only. It was not compulsory for Agency staff working in all States to
record their vaccination or exemption status. Whilst we note that Victoria did have
compulsory vaccination provisions for workplaces for a period of time, the Victorian Health
Directions exempted Commonwealth Employees from this requirement.
COVID-19 medical exemptions are reported to the Australian Immunisation Register (AIR) by
eligible vaccination providers in Australia, through various channels; through their practice
management software, the AIR site using Health Professional Online Services (HPOS), or
submit ing a manual form. These submission channels do not record occupation or a field of
employment. As such the AIR does not hold any information in scope of your request.

Summary of my decision
In conclusion, I have decided to:
•  grant you full access to one document, and
•  refuse access to parts of your request, 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 they 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 ful  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 wil  explain the decision to you. This gives you a chance to correct
misunderstandings.
Asking for a formal review of a FOI decision
If you stil  believe a decision is incorrect, the 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 Of icer 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 wil  carry out the review. The Internal Review Of icer wil  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 fil  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 wil  have 60 days to apply in writing for a review by the Australian Information
Commissioner.
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You can lodge your application:
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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