
PO Box 7820 Canberra BC ACT 2610
27 September 2021
Our reference: LEX 64118
VERIFYSP
Only by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear VERIFYSP
Decision on your Freedom of Information Request
I refer to your request to Services Australia (the agency) dated 28 August 2021 for access
under the
Freedom of Information Act 1982 (the FOI Act). Your request was made in the
following terms:
I am requesting documents under the Freedom of Information Act that are containing:
instructions, notices, evidence to support, in regards to the wearing of face masks by
your internal staff and public that was sent to you from either the State or Federal
Authorities in 2021.
My decision
Following consutations with the relevant business area within the agency, I have decided to
refuse your request for access under section 24A of the FOI Act on the basis all reasonable
steps have been taken to locate the documents you have requested and I am satisfied they
do not exist in the agency. Please see
Attachment A for the reasons for my decision.
You can ask for a review of our decision
If you disagree with any part of the decision you can ask for a review. There are two ways
you can do this. You can ask for an internal review from within the agency, or an external
review by the Office of the Australian Information Commissioner. See
Attachment B for
more information about how to request a review.
Further assistance
The agency follows public directions issued by relevant State/Territory Governments
regarding the use of face masks at its sites. These documents are publically available and
can be found at the following hyperlinks:
Australian Capital Territory
COVID-19:
https://www.covid19.act.gov.au/
Public health directions:
https://www.covid19.act.gov.au/act-status-and-response/act-
public-health-directions
Masks page:
https://www.covid19.act.gov.au/act-status-and-response/face-masks
New South Wales
COVID-19:
https://www.nsw.gov.au/covid-19
Public health orders:
https://legislation.nsw.gov.au/information/covid19-
legislation/temporary-movement-gathering-restrictions
Masks for Greater Sydney page:
https://www.nsw.gov.au/covid-19/rules/affected-
area#face-masks
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Masks for LGAs of concern page:
https://www.nsw.gov.au/covid-19/rules/greater-
sydney#face-masks
Masks for rural and regional page:
https://www.nsw.gov.au/covid-19/rules/affected-
regions#face-masks
Northern Territory
COVID-19:
https://coronavirus.nt.gov.au/updates
Chief Health Officer directions:
https://coronavirus.nt.gov.au/chief-health-officer-directions
Masks page:
https://coronavirus.nt.gov.au/stay-safe/slow-spread/information-about-face-
masks
Queensland
COVID-19:
https://www.qld.gov.au/health/conditions/health-alerts/coronavirus-covid-19
Chief Health Officer public health directions:
https://www.health.qld.gov.au/system-
governance/legislation/cho-public-health-directions-under-expanded-public-health-act-
powers
Masks page:
https://www.qld.gov.au/health/conditions/health-alerts/coronavirus-covid-
19/protect-yourself-others/face-masks
South Australia
COVID-19:
https://www.covid-19.sa.gov.au/
Emergency declaration and directions:
https://www.covid-19.sa.gov.au/emergency-
declarations
Masks page:
https://www.covid-19.sa.gov.au/restrictions-and-responsibilities/activities-
and-gatherings/current-activity-restrictions
Tasmania
COVID-19:
https://www.coronavirus.tas.gov.au/
Directio
ns: https://www.coronavirus.tas.gov.au/resources
Masks page:
https://www.coronavirus.tas.gov.au/keeping-yourself-safe/face-masks
Victoria
COVID-19:
https://www.coronavirus.vic.gov.au/
Directions issued by Victoria’s Chief Health Officer:
https://www.dhhs.vic.gov.au/victorias-
restriction-levels-covid-19
Masks page:
https://www.coronavirus.vic.gov.au/face-masks
Western Australia
COVID-19:
https://www.wa.gov.au/government/covid-19-coronavirus
State of Emergency Declarations and Directions:
https://www.wa.gov.au/government/document-collections/covid-19-coronavirus-state-of-
emergency-declarations
Masks page:
https://www.wa.gov.au/government/publications/face-covering-directions
If you have any FOI questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx. Yours sincerely
Reshma
Authorised FOI Decision Maker
Freedom of Information Team
Information Access Branch | Legal Services Division
Services Australia
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Attachment A
REASONS FOR DECISION
What you requested
I am requesting documents under the Freedom of Information Act that are containing:
instructions, notices, evidence to support, in regards to the wearing of face masks by
your internal staff and public that was sent to you from either the State or Federal
Authorities in 2021.
What I took into account
In reaching my decision I took into account:
your original request dated 28 August 2021
documents which may fall within the scope of your request
consultations with agency officers about:
o the nature of the documents
o the agency’s operating environment and functions
guidelines issued by the Australian Information Commissioner under section 93A of
the FOI Act, and
the FOI Act.
Reasons for my decisions
I am authorised to make decisions under section 23(1) of the FOI Act.
Documents do not exist
Section 24A of the FOI Act permits an agency to refuse a request for access to documents if
all reasonable steps have been taken to find the document, and the agency is satisfied that
the document cannot be found, or does not exist.
The People Division (Division) are the business area with the appropriate subject matter
expertise to conduct searches for documents relevant to your request. The Division is
responsible for workforce strategy, performance, workplace safety, risk controls and complex
workplace relations matters.
Fol owing a search of the agency’s files, the Division did not identify any documents relevant
to the scope of your request and advised the agency follows public directions issued by
relevant State/Territory Governments regarding the use of face masks at our sites.
On the basis of the searches conducted, I am satisfied all reasonable steps have been taken
to find the requested documents and the documents do not exist.
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Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Asking for a full explanation of a freedom of information (FOI) decision
Before you ask for a formal review of a FOI decision, you can contact us to discuss your
request. We will explain the decision to you. This gives you a chance to correct
misunderstandings.
Asking for a formal review of a FOI decision
If you still believe a decision is incorrect, the FOI Act gives you the right to apply for a review
of the decision. Under sections 54 and 54L of the FOI Act, you can apply for a review of an
FOI decision by:
1. an Internal Review Officer in the agency, and/or
2. the Australian Information Commissioner.
Note 1: There are no fees for these reviews.
Applying for an internal review by an Internal Review Officer
If you apply for internal review, a different decision maker to the agency delegate who made
the original decision will carry out the review. The Internal Review Officer will consider all
aspects of the original decision and decide whether it should change. An application for
internal review must be:
made in writing
made within 30 days of receiving this letter
sent to the address at the top of the first page of this letter.
Note 2: You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
If you do not receive a decision from an Internal Review Officer in the agency within 30 days
of applying, you can ask the Australian Information Commissioner for a review of the original
FOI decision.
You will have 60 days to apply in writing for a review by the Australian Information
Commissioner.
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You can
lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Note 3: The Office of the Australian Information Commissioner generally prefers FOI
applicants to seek internal review before applying for external review by the Australian
Information Commissioner.
Important:
If you are applying online, the application form the 'Merits Review Form' is available
at
www.oaic.gov.au.
If you have one, you should include with your application a copy of the agency
decision on your FOI request
Include your contact details
Set out your reasons for objecting to the agency’s decision.
Complaints to the Australian Information Commissioner and Commonwealth
Ombudsman
Australian Information Commissioner
You may complain to the Australian Information Commissioner concerning action taken by
an agency in the exercise of powers or the performance of functions under the FOI Act,
There is no fee for making a complaint. A complaint to the Australian Information
Commissioner must be made in writing. The Australian Information Commissioner's contact
details are:
Telephone: 1300 363 992
Website:
www.oaic.gov.au Commonwealth Ombudsman
You may also complain to the Commonwealth Ombudsman concerning action taken by an
agency in the exercise of powers or the performance of functions under the FOI Act. There is
no fee for making a complaint. A complaint to the Commonwealth Ombudsman may be
made in person, by telephone or in writing. The Commonwealth Ombudsman's contact
details are:
Phone: 1300 362 072
Website:
www.ombudsman.gov.au
The Commonwealth Ombudsman generally prefers applicants to seek review before
complaining about a decision.
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