FOI reference: FOI 5059
SiroccoPolpo
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear SiroccoPolpo
Decision on your Freedom of Information Request
I refer to your request of 3 April 2024, to the Department of Health and Aged Care (the
department), seeking access under the Freedom of Information Act 1982 (Cth) (FOI Act)
to:
Copies of Ministerial briefs in relation to or referring to a Memorandum of Understanding
(MOU) and or collaboration agreement with the New Zealand Government and or PHARMAC
around Health Technology Assessment.
You have requested ministerial briefs in relation, or referring, to a Memorandum of
Understanding and/or collaboration agreement with the New Zealand Government
and/or PHARMAC around Health Technology Assessment.
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.
Additional Information
In July 2022, the Department prepared a ministerial briefing, seeking the Minister’s
agreement for the Secretary to sign on behalf of the Department a collaboration
arrangement with HTA agencies in Canada and the UK. PHARMAC was not a
member of the collaboration arrangement at that time.
FOI decision
The right to request access to a document in accordance with the FOI Act relates to
documents in the possession of the department (section 4 (definition of ‘document of
an agency’) refers).
Section 24A of the FOI Act provides that:
(1) An agency or Minister may refuse a request for access to a document if:
GPO Box 9848 Canberra ACT 2601 - www.health.gov.au
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(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 relevant business area within the department have conducted searches of the
department’s information holdings. No documents matching the description in your
request were identified as being in the possession of the department.
Based on these searches, I am satisfied that all reasonable steps have been taken to find
the document and the document does not exist in the possession of the department.
I am refusing your request in accordance with section 24A of the FOI Act as the
department does not hold the documents you have requested.
Legislative provisions
The FOI Act, including the provisions referred to in my decision, are 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 A.
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
Nikolai Tsyganov
Assistant Secretary
Pricing and PBS Policy Branch
26 April 2024
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ATTACHMENT A.
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
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
