LEX 64118 Decision Letter.pdf

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/
  Directions: 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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