Notice of Decision FOI 2786.pdf

Department Reference: FOI 2786

Ms Zaia Daryoush
via email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Ms Daryoush

NOTICE OF DECISION UNDER SECTION 24A
OF THE FREEDOM OF INFORMATION ACT 1982

I refer to your request of the 24th August 2021 to the Department of Health (the
department) seeking access under the Freedom of Information Act 1982 (Cth) (the FOI
Act) to documents related to COVID-19. Your request is in the following terms:
1. Documentation proving isolation of the SARS-COV-2, Delta strain which is
confirmed by means of a purified viral sample being imaged with an electron
microscope.
2. Documentation where the isolated SARSCOV2 Delta virus sample mentioned in
point (1) is exposed to healthy humans or animals and shown to cause the disease
COVID-19.

Information about COVID-19

SARS-CoV-2, the virus which causes COVID-19, is real. Multiple scientific studies
across the world demonstrate that highly reputable laboratory medicine experts
have isolated and sequenced the virus that causes COVID-19, demonstrating that the
virus exists, that it exists in variant forms, that it is different from the influenza virus,
and that it causes a disease that has resulted in more than 4.5 million deaths
worldwide in just over 18 months.

While the department is not the custodian of the scientific studies establishing the
existence of SARS-CoV-2, this research has informed the Australian Government’s
response to the pandemic. You can find those scientific studies in the public domain.

The department is a government agency and does not conduct scientific studies or
laboratory testing for the SARS-CoV-2 in a laboratory. Diagnostic assays using
reverse transcriptase polymerase chain reaction (RT-PCR) are conducted by testing
laboratories throughout Australia. For more information, please see the Public

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Health Laboratory Network guidance on laboratory testing for SARS-CoV-2, which
is available online: https://www.health.gov.au/resources/publications/phln-
guidance-on-laboratory-testing-for-sars-cov-2-the-virus-that-causes-covid-19

In Australia, scientists at the Victorian Infectious Diseases Reference Laboratory at
The Peter Doherty Institute for Infection and Immunity were the first to isolate
SARS-CoV-2 outside of China, winning the 2020 MJA/MDA National Prize for
Excellence in Medical Research. This critical information was immediately shared
with local and overseas reference laboratories and major North American and
European virus culture collections. These peer-reviewed, evidence-based
publications provide scientific evidence for the existence of this deadly virus.

All viruses, including SARS-CoV-2, change over time as part of their natural
evolution. A change may or may not give the virus a biological advantage. Existing
and emerging variants are constantly monitored using genomic surveillance to
detect those that pose or may pose an increased risk to human health.

In Australia, whole genome sequencing of the SARS-CoV-2 genome is the preferred
way to determine the variant and mutation patterns of the virus. Some RT-PCR tests
have been designed to detect specific SARS-CoV-2 variants of concern. The
performance of these tests is still being established, and they will not identify
variants that they have not been designed for.

I would also like to inform you that the department does not have access to all
documents created by, received by, or stored by other government entities. You
might like to submit a request for access to documents held by a particular
Commonwealth, State or Territory agency if you would like access to documents
held by that entity.

Attached to this email is an article published in the Daily Telegraph on
13 August 2021 that may be of interest to you.

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.

The FOI Act provides a mechanism for individuals to request access to documents
held by relevant entities. It is not a mechanism for asking questions or seeking
information that the entity does not hold in documents.

Appropriate steps have been taken to find documents you have requested including
consultation with relevant departmental officers and searches of departmental file
management systems.

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I am satisfied, on the basis of the consultation undertaken and the searches
conducted, that the department, including the Therapeutic Goods Administration,
does not hold any documents referred to in your request. While the department is
not the custodian of scientific studies establishing the existence of SARS-CoV-2 and
that of its variants, this research, which is available in the public domain, has
informed the Australian Government’s response to the pandemic.

As a consequence, relying on section 24A of the FOI Act, I cannot provide access to
the documents you requested.

FOI review rights

If you are dissatisfied with my decision, you may apply for a review.

Internal review

Under section 54 of the FOI Act, you may apply for internal review of this decision.
In accordance with section 54B of the FOI 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 FOI Act, you may apply to the Office of the
Australian Information Commissioner (OAIC) for review of my decision by the
Information Commissioner (IC).

In accordance with subsection 54S(1) of the FOI 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 IC 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:
Phone:  1300 363 992
Email:  xxxxxxxxx@xxxx.xxx.xx

Complaints

If you are dissatisfied with action 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 IC

Information about making a complaint to the IC 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 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/C2021C00311

Contacts

If you require clarification of any of the matters discussed in this letter you should
contact the department’s Freedom of Information Unit at xxx@xxxxxx.xxx.xx.

Yours sincerely

Dr Marcelle Noja
Acting Assistant Secretary
Public Health and Surveillance Branch

21 September 2021