ONE NATIONAL CIRCUIT
BARTON
FOI
FOI/2020/171
FREEDOM OF INFORMATION ACT 1982
REQUEST BY:
Trav S
DECISION BY: Peter Rush
Assistant Secretary
Parliamentary and Government Branch
By ema
il: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Trav S
I refer to your request of 24 July 2020, made to the Department of the Prime Minister and
Cabinet (the
Department) under the
Freedom of Information Act 1982 (the
FOI Act), in the
following terms:
In 1999, the Sovereign instituted an Australian medal for the
purpose of according recognition to persons who have given
humanitarian service in hazardous circumstances outside Australia.
However the Minister responsible for honours policy claims that this
medal was instituted to recognise members of "not-for-profit"
organisations. The Letters Patent and regulations governing the
medal do not prescribe the term 'not-for-profit'.
The Minister also states he is unwilling to recommend changes to
extend the medal to commercial contractors who are providing
essential support services to humanitarian operations.
Contrary to the Ministers claims, the public record shows that the
medal was awarded to commercial contractors to humanitarian
operations in:
1) Iraq 2003 to 2005
2) Indian Ocean 2004 to 2005
3). West Africa 2014 to 2016
Postal Address: PO Box 6500, CANBERRA ACT 2600
Telephone: +61 2 6271 5849 Fax: +61 2 6271 5776 www.pmc.gov.au ABN: 18 108 001 191
From 2017 to 2018, Aspen Medical Pty Ltd provided services at
field hospitals in Iraq during the offensive against ISIS. This was on
behalf of the World Health Organization and the United Nations
Population Fund. This was the first time either organisation had
contracted with a commercial company to deliver humanitarian
healthcare assistance.
We're informed the medal may also have been awarded to the Aspen
Medical personnel contracted to support the afore mentioned
humanitarian operation in Iraq from 2017 to 2018.
If this is the case, we would like a copy of the briefing documents
justifying the award of the medal to these commercial contractors.
Authorised decision-maker
I am authorised to make this decision in accordance with arrangements approved by the
Department’s Secretary under section 23 of the Act.
Searches for documents
My branch of the Department of the Prime Minister and Cabinet is responsible for the
administration of the
Humanitarian Overseas Service Medal. The medal can only be awarded
to members of specified organisations for declared operations (or clasps).
Information about specified organisations for declared operations (or clasps), for the purposes
of the medal, is published in the
Humanitarian Overseas Service Medal - Guide to Eligible
Groups on the department’s website at
www.pmc.gov.au. Neither Aspen Medical Pty Ltd, the World Health Organization nor the United Nations
Population Fund are specified organisations under the declaration for the
Humanitarian
Overseas Service Medal ‘Iraq’ clasp.
Further, no awards have been made to members of the “Australian contingent to the United
Nations organisations serving in the specified hazardous area in relation to the declared
operation” since 2009.
On that basis, I am satisfied that no documents relevant to the scope of your request exist.
Decision
Section 24A(1) of the FOI Act provides that:
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.
2
I am satisfied that all reasonable steps have been taken to find a document within the scope of
your request, and that no such document exists.
I have therefore decided to refuse your request under section 24A(1) of the Act.
Processing and access charges
I have decided not to impose processing charges in respect of your request.
Review rights
Information about your rights of review under the FOI Act is available at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.
Complaint rights
You may make a complaint to the Information Commissioner about the Department’s actions
in relation to a request. Making a complaint about the way the Department has handled an
FOI request is a separate process to seeking review of the Department’s decision. Further
information about how to make a complaint is available at
https://www.oaic.gov.au/freedom-
of-information/reviews-and-complaints/. Yours sincerely
Peter Rush
Assistant Secretary
Parliamentary and Government Branch
24 August 2020
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Document Outline
