Department Reference: FOI 1846
Mr 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 23 July to the Department of Health (department) seeking
access under the
Freedom of Information Act 1982 (Cth) (FOI Act) to the following
documents:
“I request a document that contains the total number of labour hire staff procured
throughout your department.
I also request a document that contains the total number of labour hire staff procured
throughout the APS, that are fulfilling functionally equivalent roles to actual APS
employees throughout your department.
Additionally, I seek a document that contains the amount spent on labour hire staff
procured throughout your department, for the 19/20 financial year.
Finally, I seek a document that contains the amount spent on labour hire staff procured
throughout your department, for the 19/20 financial year; that are fulfilling
functionally equivalent roles to actual APS employees in your department.
If any of the above documents do not exist please advise.”
I am writing to advise you of my decision.
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.
Freedom of Information Unit (MDP 516) GPO Box 9848 Canberra ACT 2601
Telephone: (02) 6289 1666 ABN: 83 605 426 759
All reasonable steps have been taken to find the documents referred to in your request
including consultation with the relevant policy and program areas, and searches of the
department’s file management system.
I am satisfied the searches conducted were thorough and all reasonable steps have
been taken to locate documents relevant to your request. I am satisfied the documents
referred to in your request do not exist. As a consequence, relying on section 24A of
the FOI Act, I cannot provide access to any of the documents you requested.
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-and-
complaints/information-commissioner-review/
Freedom of Information Unit (MDP 516) GPO Box 9848 Canberra ACT 2601
Telephone: (02) 6289 1666 ABN: 83 605 426 759
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
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/C2020C00110
Contacts
If you require clarification of any of the matters discussed in this letter you should
contact Freedom of Information Unit on (02) 6289 1666 or at
xxx@xxxxxx.xxx.xx.
Yours sincerely
K. Bishop
Principal Lawyer
Advice and Legislation Branch
19 August 2020
Freedom of Information Unit (MDP 516) GPO Box 9848 Canberra ACT 2601
Telephone: (02) 6289 1666 ABN: 83 605 426 759
