Department Reference: FOI 1811
John Smith
via email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith
NOTICE OF DECISION: UNDER SECTION 24A
OF THE FREEDOM OF INFORMATION ACT 1982
I refer to your request of 3 July 2020 to the Department of Health (department)
seeking access under the
Freedom of Information Act 1982 (Cth) (FOI Act) to the
following documents:
A document that contains the total number of non-APS staff, filling equivalent roles
to actual APS staff in your department.
Typically these employees are ostensibly employed through labour hire agencies, and
fulfil functionally equivalent roles to their colleagues.
If no such document exists please advise.
I am writing to advise you of my decision.
FOI decision
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.
Document non-existent
All reasonable steps have been taken to find a document of the nature referred to in
your request including consultation with relevant policy and program areas,
thorough searches of departmental file management systems, electronic documents
on shared drives and departmental databases.
I am satisfied the consultation undertaken and the searches conducted were
thorough and all reasonable steps have been taken to locate existing documents
relevant to your request. I am satisfied the document referred to in your request does
not exist.
As a consequence, relying on section 24A of the FOI Act, I cannot provide access to
the document you requested.
Production of a document
Section 17 of the FOI Act applies where an FOI request is made to an agency for
information that is not available in discrete form in written documents held by the
agency.
In certain circumstances, paragraph 17(1)(c) of the FOI Act requires the agency to
produce a written document containing the information requested by using a
‘computer or other equipment that is ordinarily available’ to the agency for
retrieving or collating stored information or by making a transcript from a sound
recording.
However, subsection 17(2) does not require an agency to produce a written
document containing the requested information where doing so would substantially
and unreasonably divert the resources of the agency from its other operations.
The factors I have taken into account when determining whether there would be a
substantial and unreasonable diversion of resources within the meaning in
subsection 17(2) are:
• the staffing resources available to the department for processing FOI requests;
and
• the impact that processing the request may have on other work in the
department.
Following consultation with the relevant line area and taking the above factors into
account, I am satisfied that processing your request by producing a discrete
document would require substantial and unreasonable diversion of resources in the
department away from priority work relevant to the management of the coronavirus
pandemic.
Accordingly, I have decided the department is not required to produce and provide
a document to you as if the department had such a documents in its possession.
As a consequence, relying on subsection 17(2) of the FOI Act, I cannot provide access
to the document you requested.
FOI review rights
If you are dissatisfied with my decision, you may apply for an internal review or
Australian Information Commissioner (Information Commissioner) review of the
decision.
Internal review
Under section 54 of the FOI Act, you may apply in writing to the department for an
internal review of my decision. The internal review application must be made within
30 days of the date of this notice (or such further period as the department allows).
Where possible please provide reasons why you consider review of the decision is
necessary. The internal review will be carried out by another officer of this
department within 30 days.
An application for an internal review should be addressed to:
Email:
xxx@xxxxxx.xxx.xx
OR
Mail:
FOI Unit (MDP 516)
Department of Health
GPO Box 9848
CANBERRA ACT 2601
Information Commissioner Review
Under section 54L of the FOI Act, you may apply to the Information Commissioner
to review my decision. An application for review must be made in writing within 60
days of this notice (if you do not request an internal review).
The Australian Information Commissioner can be contacted by:
Email:
xxxxxxxxx@xxxx.xxx.xx
Phone: 1300 363 992
More about the Information Commissioner review is available on the Office of the
Australian Information Commissioner (OAIC) website at
https://www.oaic.gov.au/freedom-of-information/reviews/
You may also make a complaint to the Information Commissioner about action taken
by the department in relation to your application. Further information can be
obtained from the OAIC website.
Relevant provisions of the FOI Act
The FOI Act, including the provisions referred to in this letter, can be accessed from
the Federal Register of Legislation website:
https://www.legislation.gov.au/Details/C2020C00246
Contacts
If you require clarification of any of the matters discussed in this letter, you should
contact the FOI unit on (02) 6289 1666 or email
xxx@xxxxxx.xxx.xx.
Yours sincerely
K. Bishop
Principal Lawyer
Legal Advice & Legislation Branch
31 August 2020
