FOI 4999 Decision on access.pdf

FOI reference: FOI 4999
Andrew
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Andrew
Decision on your Freedom of Information Request
I refer to your request of 26 February 2024 to the Department of Health and Aged Care
(the department), seeking access under the Freedom of Information Act 1982 (Cth) (FOI
Act) to:  1. Could you please supply the "evidence" referred to in the document here:
https://www.health.gov.au/sites/default/files/2022-12/coronavirus-covid-19-guidance-
on-community-face-mask-use.pdf recommending the use of face masks. Please include
all current evidence used in this guidance, or non-current evidence involved with
previous versions of this guidance.

2. Could you please supply the names of all past and present ICEG members,
including their qualifications and what "expert advice" they contributed to statements
or publications produced by ICEG.
Clarification of scope of request
On 7 March 2024, following consultation with you, you clarified that the scope of your
request was for “BOTH the clinical evidence and studies published in scientific journals relied
on to produce these  policies/guidance around mask-usage for the prevention of COVID-19
AND the guidance itself and how it changed over time (2020-2022).”

On 11 March 2024, you further clarified that links to the studies would be sufficient
so as to not make this request impracticable.
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.


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

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Additional information
In addition to the documents released further evidence related to use of face masks is
available at:
•  https://www.health.gov.au/resources/collections/iceg-endorsed-resources-
for-infection-prevention-and-control;
•  https://www.health.gov.au/sites/default/files/2022-12/guidance-on-the-
use-of-personal-protective-equipment-ppe-for-health-care-workers-in-the-
context-of-covid-19.pdf; and
•  Page 15 of https://multimedia.3m.com/mws/media/1791500O/comparison-
ffp2-kn95-n95-filtering-facepiece-respirator-classes-tb.pdf.
Documents 2 and 3 are Monash reports copyrighted to the department, should you
have queries regarding copyright requests or enquiries please direct this to
xxxxxxxxx@xxxxxx.xxx.xx.
FOI decision
I have identified three documents that are relevant to your request. These documents
were in the possession of the department when your request was received.
I have decided to give access to information relevant to your request in those three
documents in full.
A schedule setting out the documents relevant to your request, with my decision in
relation to those documents, is at ATTACHMENT A.
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.
Your review rights
I have set out your review rights at ATTACHMENT B.
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.

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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

David Ness
Assistant Secretary
Health Emergency Management Branch
10 April 2024

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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 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  Office of the Australian Information Commissioner  (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.