Department Reference: FOI 2336
Mr Jaay-H
Via email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Jaay-H
NOTICE OF DECISION UNDER SECTION 24A
OF THE FREEDOM OF INFORMATION ACT 1982
I refer to your request of 8 April 2021 to the Department of Health (the department)
seeking access under the
Freedom of Information Act 1982 (Cth) (the FOI Act) to the
following documents:
‘Please provide the risk assessment used by the Australian Health Protection Principal
Committee to justify their public face masking recommendations.
There are significant negative public health affects resulting from long term mask wearing.
There are very significant environmental harm resulting from mask and plastic pollution.
The public seeks assurance the Department has identified and considered these negative health
affects.’
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 in
response to your request.
Appropriate steps have been taken to find the documents referred to in your request
including searches of departmental file management systems. I am satisfied, on the
basis of the searches conducted, that the department does not hold any documents
referred to in your request. As a consequence, relying on section 24A of the FOI Act, I
cannot provide access to the documents you requested.
I am satisfied, on the basis of the consultation undertaken and the searches conducted,
that the department does not hold any documents referred to in your request.
As a consequence, relying on section 24A of the Act, I cannot provide access to the
documents you requested.
Freedom of Information Unit (MDP 516) GPO Box 9848 Canberra ACT 2601
Telephone: (02) 6289 1666 ABN: 83 605 426 759
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Additional information
The Australian Health Protection Principal Committee makes recommendations based
on the available scientific and medical evidence.
For more information on wearing masks, please refer to the information in this web
link:
https://www.health.gov.au/news/health-alerts/novel-coronavirus-2019-ncov-
health-alert/how-to-protect-yourself-and-others-from-coronavirus-covid-19/masks
FOI review rights
If you are dissatisfied with my decision, you may apply for a review.
Internal review
Under section 54 of the Act, you may apply for internal review of this decision.
In accordance with section 54B of the Act, an application for internal review must be
made in writing within 30 days after the day you are notified of this decision (or such
further period as the department allows). To assist in the internal review process,
please provide reasons you consider the review of my decision is necessary.
The internal review will be carried out by another officer of this department within 30
days of receipt of your application.
An application for an internal review should be addressed to:
Email:
xxx@xxxxxx.xxx.xx
Mail:
FOI Unit (MDP 516)
Department of Health
GPO Box 9848
CANBERRA ACT 2601
Information Commissioner review
Alternatively, under section 54L of the Act, you may apply to the Office of the
Australian Information Commissioner (OAIC) for review of my decision by the
Information Commissioner.
In accordance with subsection 54S(1) of the Act, an IC review application in relation to
a decision covered by subsection 54L(2) (access refusal decisions) must be made in
writing within 60 days after the day you are notified of this decision (if you do not
request an internal review).
More information about Information Commissioner review is available on the OAIC
website at:
https://www.oaic.gov.au/freedom-of-information/reviews/
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The OAIC can be contacted by:
Email:
xxxxxxxxx@xxxx.xxx.xx
Phone:
1300 363 992
Complaints
If you are dissatisfied with actions taken by the department, you may also make a
complaint.
Complaint to the department
Complaints to the department are covered by the department’s privacy policy.
A form for lodging a complaint directly to the department is available on the
department’s website:
https://www.health.gov.au/about-us/contact-us/complaints
Complaint to the Information Commissioner
Information about making a complaint to the Information Commissioner about action
taken by the department is available on the OAIC website:
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/make-
an-foi-complaint/
Relevant provisions of the Act
The 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/C2020C00366
Contacts
If you require clarification of any of the matters discussed in this letter you should
contact the department’s Freedom of Information Unit on (02) 6289 1666 or at
xxx@xxxxxx.xxx.xx.
Yours sincerely
Gary Lum Digitally signed by Gary Lum
Date: 2021.04.20 08:28:10 +10'00'
Dr Gary Lum, AM
Principal Medical Adviser
Office of Health Protection & Response
Tuesday, 20 April 2021
