If not delivered return to PO Box 7820 Canberra BC ACT 2610
22 March 2019
Our reference: LEX 42296
FOI Applicant
Only by email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear FOI Applicant
Freedom of Information Request – Reconsideration of Charges
I refer to your original request, dated and received by the Department of Human Services
(
department) on 2 February 2019, made under the Freedom of Information Act 1982 (
FOI Act), for
the following documents:
‘Could you please provide documents that include the information that relates to the Practice
Incentives Program eHealth Incentive Program ['ePIP'] as per this webpage:
https://www.humanservices.gov.au/organisations/healthprofessionals/enablers/ehealth-
incentive/47761
1. What date did this program commence?
2. How many GP practices are currently participating in the ePIP program (as of 2 February
2019)?
3. A list, current of 2 February 2019, of all GP practices participating in the ePIP program.
4. From the commencement of the ePIP program until 2 February 2019, how many GP
practices have participated in the ePIP program?
5. Briefing notes, or summaries, or audits relating to the effectiveness of the ePIP program.
6. The total sum of all payments made under the ePIP program.
7. The total number of shared health summaries uploaded to My Health Record, by virtue of
the ePIP program.’
The department received an email, dated and received on 9 February 2019, revising your original
request to (
revised request):
‘Further to the original request lodged 2 February 2019, I wish to narrow the scope of some
of the requested documents. Subsequent to the lodgement of the request, publicly available
information makes clear that the ePIP requirement to upload shared health summaries
[‘SHS’] to the My Health Record ['MHR'] system was introduced after the commencement of
the ePIP program.
Accordingly, the scope of items 1, 4, 5, 6 are narrowed as follows:
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1. What date did the ePIP eligibility requirement for participating practices to upload SHS for
a minimum of 0.5% of the practice’s standardised whole patient equivalent become
mandatory [‘the commencement date’]?
4. From the commencement date until 2 February 2019, how many GP practices have
participated in the ePIP program?
5. Briefing notes, or summaries, or audits relating to the effectiveness of the ePIP program
after the commencement date.
6. The total sum of all payments made under the ePIP program from the commencement
date.
The scope of the other documents requested at items 2, 3 and 7 remain unchanged.’
On 13 February 2019, the department notified you that parts 1, 5, 6, and 7 of your request has been
transferred to the Department of Health pursuant to section 16 of the FOI Act.
Our department will proceed with processing parts 2, 3 and 4 of your FOI request.
Background
On 20 February 2019, you were notified that you are liable to pay a charge for the processing of
your request and that the preliminary assessment of that charge was $53.37 (
charge). The charge
was calculated as follows:
Document production: 0.25 hours, at $31.89 per hour
$7.97
Decision-making (after deduction of 5 hours*): 2.27 hours, at $20
$45.40
per hour
TOTAL
$53.37
*The FOI Act provides that the first five hours of decision-making time are free of charge and this is reflected in the
calculation.
On 22 February 2019, you requested a reconsideration of the preliminary assessment of charges.
I have now reconsidered the charge notification to you on 20 February 2019 and have decided in
this instance to waive the charge. Please find my decision below.
What I took into account
In reaching my decision on reconsideration of charge, I took into account:
the department’s correspondence dated 20 February 2019, notifying you of the charge;
your reconsideration request dated 22 February 2019, contending that the charge should not
be imposed;
the document falling within the scope of your request;
consultations with departmental officers about:
o the nature of the requested information; and
o the department’s operating environment and functions;
relevant case law;
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Department of Human Services
the FOI Act;
the
Freedom of Information (Charges) Regulations 1982 (
Regulations); and
the Guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (
Guidelines).
Reconsideration of the Charge
I have reconsidered the preliminary charge that was notified to you on 20 February 2019. The FOI
team originally determined that you were liable to pay a charge, in accordance with section 29 of the
FOI Act.
I have decided to waive the preliminary charge notified to you on 20 February 2019 in full.
I acknowledge that your reason for seeking reconsideration of the charge is based on whether the
document in question is in the general public interest or in the interest of a substantial section of the
public.
In accordance with section 29 of the FOI Act, I have reviewed the preliminary estimate of charge
and considered the relevant public interest factors.
I am satisfied that the charge calculated above is an accurate reflection of the time spent by the
department in producing the document you have requested. However, I have decided, in-line with
the ‘Public Interest’ guidelines and the objects of the FOI Act set out in section 3, that I will not
impose a charge in relation to your request.
Time limits for processing your request
Section 31 of the FOI Act provides that where a notice is sent to an Applicant regarding the
payment of a charge in respect of a request, the time limit for processing the request is suspended
from the date the notice is received until either:
a) the day following payment of the charge; or
b) if applicable, the day following the notification to the Applicant of a decision not to impose
the charge.
As I have decided not to impose a charge, the processing period for your request recommences
from the day you receive this notice.
Accordingly, a final decision on your revised request is due to be notified to you by no later than
3 April 2019.
You can ask for a review of this decision
I have reconsidered the assessment of charge and have decided not to impose a charge.
If you disagree with this 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 department, or an external review by the Office of
the Australian Information Commissioner. You do not have to pay for reviews of decisions. See
Attachment A for more information about how to arrange a review.
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Department of Human Services
Further assistance
If you have any questions please emai
l xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx. Yours sincerely
Molly
Authorised FOI Decision Maker
Freedom of Information Team
Employment Law and Freedom of Information Branch | Legal Services Division
Department of Human Services
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Department of Human Services
If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment A
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Asking for a full 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 will explain the decision to you. This gives you a chance to correct misunderstandings.
Asking for a formal review of a FOI decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (FOI Act) gives you
the right to apply for a review of the decision. Under sections 54B and 54N of the FOI Act, you can
apply for a review of an FOI decision by:
1. an Internal Review Officer in the Department of Human Services (
department); and/or
2. the Australian Information Commissioner.
Note 1: There are no fees for these reviews.
Applying for an internal review by an Internal Review Officer
If you apply for internal review, a different decision maker to the departmental delegate who made
the original decision will carry out the review. The Internal Review Officer will 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 via email to
xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx.xx
Note 2: You do not need to fill 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 department within 30 days of
applying, you can ask the Australian Information Commissioner for a review of the original FOI
decision.
You will have 60 days to apply in writing for a review by the Australian Information Commissioner.
You can
lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
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GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Note 3: 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 'Merits Review Form' is available at
www.oaic.gov.au.
If you have one, you should include with your application a copy of the Department of
Human Services' decision on your FOI request
Include your contact details
Set out your reasons for objecting to the department'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 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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Department of Human Services
