If not delivered return to PO Box 7820 Canberra BC ACT 2610
6 May 2019
Our reference: LEX 43631
Ms Alissa Pattrick
Only by email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Pattrick
Decision – Freedom of Information Request (FOI)
I refer to your revised request, received by the Department of Human Services (
department)
on 17 April 2019, for access to documents under the
Freedom of Information Act 1982 (
FOI
Act). You requested access to:
‘Please provide all AEFI [Adverse Events Following Immunisation]
reported to AEMS
[Adverse Event Management System]
but not transferred to DAEN [Database of
Adverse Event Notifications]
within the past 5 years.’
My decision
I have decided to
refuse access to your request for documents under section 24A of the FOI
Act. The documents you have requested do not exist within the department’s possession.
I am satisfied that all reasonable steps have been taken to find the requested documents
within the department and that the documents do not exist with the department’s possession.
Please see
Attachment A for reasons for my decision.
Further information
I have been informed that the Adverse Event Management System and the Database of
Adverse Event Notifications is maintained by the Therapeutic Goods Administration (TGA).
The TGA is part of the Department of Health. Accordingly, it is open to you lodge an FOI
request directly with the Department of Health by contactin
g: xxx@xxxxxx.xxx.xx
You can ask for a review of our decision
If you disagree with any part of the 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 B for more information about how to arrange a
review.
PAGE 1 OF 6
Further assistance
If you have any questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Bianca
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
REASONS FOR DECISION
Your request
On 6 April 2019, you made a request for access to documents under the FOI Act:
‘Can I please have a copy of:
-
Any complaints/feedback/correspondence to the department from licensed
medical professionals regarding the short and long term health outcomes of
their patients in regards to immunisation and the removal of vaccine
exemptions
-
Any correspondence to the department in relation to licensed medical
professionals having their ability to write valid vaccine exemptions removed
-
Any internal discussion in relation to the above
To assist the Department, I specifically exclude:
-
Duplicates of documents (I only require 1 copy of each document)
Where possible, I would prefer that this information is provided in it's original format -
that is to say, either in Microsoft Word or HTML (where received online or via email). I
ask that you do not use PDFs wherever possible as it makes it difficult to read the
information.
Please deal with this request informally or in accordance with your Administrative
Access scheme if practicable. If this isn't practical, please consider it a formal
application under the Freedom of Information Act.’
On 15 April 2019 the department informally consulted with you via email to clarify your
request. You were invited to revise your request.
On 17 April 2019 you revised your request to:
‘Please provide all AEFI reported to AEMS but not transferred to DAEN within the
past 5 years.’
What I took into account
In reaching my decision I took into account:
your original request dated 6 April 2019;
your revised request dated 17 April 2019;
consultations with departmental officers about:
o the nature of the requested documents;
o the department's operating environment and functions;
guidelines issued by the Australian Information Commissioner under section 93A of
the FOI Act (
Guidelines); and
the FOI Act.
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Reasons for my decisions
I am authorised to make decisions under section 23(1) of the FOI Act.
Section 24A of the FOI Act
Sub-section 24A of the FOI Act provides that:
(1) An agency or Minister may refuse a request for access to a document if:
(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.
In searching for the requested documents, the department’s Health and Aged Care
Programmes Division was consulted because responsibilities relating to the Australian
Immunisation Register sit within that Division.
As a result of this consultation, I was advised that adverse vaccination events are not
recorded on the Australian Immunisation Register. Further, and as noted above, I was
advised that the Adverse Event Management System and the Database of Adverse Event
Notifications is maintained by the TGA. Accordingly, no documents falling within the scope of
your request were found within the department’s possession.
In light of the above, I am satisfied that all reasonable steps have been taken to find the
requested documents within the department and that the documents do not exist within the
department’s possession.
Section 16 of the FOI Act – Transfer of requests
Sub-section 16 of the FOI Act provides that:
(1) Where a request is made to an agency for access to a document and:
(a) the document is not in the possession of that agency but is, to the
knowledge of that agency, in the possession of another agency; or
(b) the subject-matter of the document is more closely connected with the
functions of another agency than with those of the agency to which the
request is made;
the agency to which the request is made may, with the agreement of the other
agency, transfer the request to the other agency.
I have not transferred your request to the Department of Health.
Regrettably, I was unable to have your request transferred because of the processing time
that remained.
As noted above, you can lodge an FOI request directly with the Department of Health.
Conclusion I have decided to
refuse access to your request for documents under section 24A of the FOI
Act, because the documents you have requested do not exist within the department’s
possession.
PAGE 4 OF 6
Department of Human Services
If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment B
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 an 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 54 and 54L 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 (the
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.
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:
PAGE 5 OF 6
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
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 Commonwealth 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.
PAGE 6 OF 6
Department of Human Services
