If not delivered return to PO Box 7820 Canberra BC ACT 2610
16 February 2017
Our reference: LEX 26195
Mr Rodney Malone
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Malone
Your Freedom of Information request
I refer to your request, dated 30 January 2017 and received by the Department of Human
Services (the
department) on the same day for access under the
Freedom of Information
Act 1982 (the
FOI Act).
I cannot identify the documents you want and I am asking you to give me specific details
about the information you are after. If you decide not to give this information, I will have to
refuse your FOI request as a 'practical refusal reason' exists. For a more detailed explanation
of what this means see Attachment A.
How to send us a 'revised request'
Before I make a final decision on your request, you can submit a revised request.
Within the next 14 days (consultation period) you must do one of the following, in writing:
• withdraw the request
• make a revised request, or
• tell us that you do not want to revise your request.
If you do not do contact us during the consultation period, we will assume you do not want to
continue with your request. See Attachment A for relevant sections of the FOI Act.
If you decide to make a revised request you should be specific about what documents you
actually want. This could help the department find the documents.
At Attachment B is a form which you can use to revise your request in writing. We have
30 days to give you a decision about your request, however the time taken to consult with
you now is not included in this 30 day time period.
Contact officer
I am the contact officer for your request. During the consultation period you are welcome to
ask for my help in revising your request and filling out the form. You can contact me:
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• by phone on the number below - if you are calling long-distance you are welcome to
reverse the charges
• in writing to the address at the top of this letter
• via email t
o xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx
Note: When you contact us please quote the reference number
FOI LEX 26195.
Your response will be expected by
1 March 2017. If no response is received, your matter will
be taken as withdrawn.
Further assistance
If you have any questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
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Department of Human Services
Attachment A
What I took into account
You requested access under the
Freedom of Information Act 1982 (the FOI Act) to the
following documents:
‘I would like to retention period of medicare billing (in paper or electronic format)sent
by doctors and hospitals when a person opts for bulk billing services when seeing a
doctor at a private clinic or at the emergency department of public hospitals.
Is a history being maintained that person in question has been to a particular
clinic/hospital and the services sought or is the information deleted once the claim
has been processed? Upon expiry of the retention period, is the information archived
in any form? Is there any other evidence in any form whether electronic or paper
including archived copies that seek to establish when the person has used his
medicare card to seek medical assistance? if so their complete retention times.’
Your request does not provide enough information for the department to identify the
documents you are seeking. I am not able to reasonably identify what documents you want
because I do not understand what you mean by “
retention period of medicare billing…” (emphasis added).
Your request does not name particular documents but rather asks questions. To assist you in
reformulating your request, certain publically available resources may provide useful
background information. The department and the National Archives of Australia have
developed Records Authorities, which set out the requirements for keeping and destroying
records for the core business areas across the department.
The National Archives of
Australia, Records Authority, Medicare Australia, contains information about when certain
claim forms for health and medical payments can be destroyed
. This can be accessed at
http://www.naa.gov.au/naaresources/ra/2009-00181784.pdf.
In relation to the second part of your request regarding whether there
“Is a history being
maintained that person in question has been to a particular clinic/hospital…”
(emphasis added) you may like to refer to the Medicare Online Accounts page on the
department’s website for information about what information is available to view, download
and print through Medicare online services.
Please provide more specific details about the information you are after. If you decide not to
give this information, I will have to refuse your FOI request as a ‘practical refusal reason’
exists.
Under sections 24AA(1)(b) and 24 of the Freedom of Information Act, I intend to refuse your
FOI request as a 'practical refusal reason' exists. Under the Act, the practical refusal reason
is that your request does not satisfy the requirements in paragraph 15(2)(b) (identification of
documents).
Relevant sections of the Freedom of Information Act 1982
Section 24AA(1)(b) of the FOI Act provides that a practical refusal reason exists in relation to
a request for a document if the request does not satisfy the requirement in section 15(2)(b) of
the FOI Act.
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Department of Human Services
Section 15(2)(b) of the FOI Act provides that a request must provide such information as is
reasonably necessary to enable the agency to identify the documents that are being
requested.
Section 24AB(7) of the FOI Act provides that the request is taken to have been withdrawn at
the end of the consultation period if:
• the applicant does not consult the contact person during the consultation period in
accordance with the notice, or
• the applicant does not do one of the things mentioned in subsection (6) before the
end of the consultation period.
Section 24AB(7) (subsection 6) says that the applicant must, before the end of the
consultation period, do one of the following, by written notice to the agency or Minister:
• withdraw the request,
• make a revised request, or
• indicate that the applicant does not wish to revise the request.
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Department of Human Services
