18 October 2018
Trent Yarwood
Senior Health Policy Advisor
Future Wise
By email: xxxxx@xxxxxxxxxx.xxx.xx
Freedom of Information Act 1982
Internal Review
Application number 1807015
Dear Dr Yarwood
I refer to your request for an internal review of your application for access under the
Freedom of Information
Act 1982 (FOI Act) to:
A copy of the Australian Digital Health Agency’s internal policy on how to manage requests for access
to My Health Record data received from an enforcement body under s70 of the My Health Records
Act 2012. I seek access to the version of the policy that was in force on 25 July 2018.
FOI decision maker
I am the authorised officer pursuant to section 23 of the FOI Act to make a decision on your FOI request.
Original decision
The original decision on your application was a deemed refusal as we did not respond within the statutory
period and there was no agreed extension of processing time. I apologise this has occurred and for any
unnecessary inconvenience this may have caused.
Request for an internal review
Noting the above, on 26 September 2018 you requested an internal review of the deemed decision.
Documents identified
I am satisfied that a diligent search has been made for documents within the scope of your application.
I have identified two documents that come within the scope of your application.
Decision
I have decided to partially release the two documents identified in the accompanying Schedule in accordance
with section 22 of the FOI Act. Information outside the scope of your application has been redacted.
Australian Digital Health Agency ABN 84 425 496 912, Level 25, 175 Pitt Street, Sydney, NSW 2000
Phone
+61 2 8298 2600 Facsimile +61 2 8298 2666
www.digitalhealth.gov.au
OFFICIAL
2
Material taken into account
In making my decision, I had regard to:
a) The terms of your application
b) Relevant provisions of the FOI Act
c) The content of the identified documents
d) The guidelines published by the Office of the Australian Information Commissioner under section
93A of the FOI Act (the Guidelines).
Reasons for the decision
In determining whether to release the documents, I considered the Guidelines together with a range of
factors that favour access as set out in section 11B(3) [public interest exemptions – factors favouring access]
of the FOI Act. I had regard as to whether giving access to the applicant at this time would, on balance, be
contrary to the public interest. Specifically, I considered if disclosure would:
a) Promote the objects of the FOI Act
b) Inform debate on a matter of public importance; or
c) Promote effective oversight of public expenditure.
I found that these two documents do contain some information relevant to the scope of your application.
However, the documents also contain some irrelevant information. It is for this reason that I find that the
public interest is best served by partial disclosure of the documents.
Your review rights
If you are dissatisfied with my decision, you may apply for an Information Commissioner review of this
decision.
Information Commissioner review
Under section 54L of the FOI Act, you may apply to the Australian Information Commissioner to review my
decision. An application for review by the Information Commissioner must be made in writing within 60 days
of the date of this letter, and be lodged in one of the following ways:
Online:
https://forms.business.gov.au/aba/oaic/foi-review-/
Email:
xxxxxxxxx@xxxx.xxx.xx
Post:
GPO Box 2999, Canberra ACT 2601
In person:
Level 3, 175 Pitt Street, Sydney NSW 2000
More information about a review by the Information Commissioner is available at
www.oaic.gov.au/freedom-of-information/foi-reviews.
Further information
The two documents matching the scope of your request contain a dissemination limiting marker. As the
documents are now approved for public release under the FOI Act, that marker has been struck through.
If you have any questions, please contact the FOI Team by email
xxx@xxxxxxxxxxxxx.xxx.xx or by phone on
02 6151 8653.
Yours sincerely
Bettina McMahon
Chief Operating Officer
Australian Digital Health Agency
Encl
: Schedule of documents
Freedom of Information Act 1982
Schedule of documents
Application number 1807015
Document
Document
Number of
Description
Disclosure decision
Grounds for exemptions
reference
date
pages
ADHA Board Meeting 14 June 2018.
Section 22
A
14/06/2018
3
Partial
Agenda item 8 — Releasing My Health
Irrelevant material
Records data for regulatory purposes
ADHA Board Meeting 14 June 2018.
Section 22
B
14/06/2018
1
Partial
Agenda item 8 — Minutes
Irrelevant material
Australian Digital Health Agency ABN 84 425 496 912, Level 25, 175 Pitt Street, Sydney, NSW 2000
Phone
+61 2 8298 2600 Facsimile +61 2 8298 2666
www.digitalhealth.gov.au
OFFICIAL
