Department Reference: FOI 2933
Mr Daniel Lewis
email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Lewis
NOTICE OF DECISION UNDER SECTION 24A
OF THE FREEDOM OF INFORMATION ACT 1982
I refer to your request of 1 September 2021 to the Department of Health (department)
seeking access under the
Freedom of Information Act 1982 (Cth) (FOI Act) in the
following terms:
1. Please provide the peer reviewed scientific evidence that confirms face masks reduce
the spread of covid-19 both indoors and outdoors.
2. Please provide the peer reviewed scientific evidence that confirms lockdowns reduce
the spread of covid-19
3. Please provide the peer reviewed scientific evidence that confirms social distancing
reduces the spread of 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.
Attached to this email is an article published in the Daily Telegraph on 13 August
2021 that may be of interest to you.
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Effectiveness of face masks
Throughout the COVID-19 pandemic, states and territories have encouraged or
mandated the use of face masks by the community in response to outbreaks and
community transmission. Mask wearing mandates, lockdowns and stay-at-home
orders in Australian communities are enforced by state and territory legislation. You
can find weblinks to both jurisdictional and Commonwealth legislation relevant to
COVID-19 on the Federal Court of Australia website:
https://www.fedcourt.gov.au/covid19/legislation
Everyone wearing face coverings (masks) when needed helps protect ourselves and
others. The most important value of a face mask is to reduce the likelihood of you
unintentionally transmitting the virus to others. Many individuals with COVID-19
only have mild symptoms or no symptoms at all, and many are also infectious
before they develop symptoms. Depending on the type of face mask worn, it may
reduce the risk that you will be infected if you come into contact with infectious
virus. Face masks in combination with staying home if unwell, physical distancing,
hand hygiene, and respiratory etiquette, significantly reduce the risk of transmission
in these circumstances, including to those closest to you. The Infection Control
Expert Group (ICEG) has published the following guidance regarding the use of face
masks and respirators:
https://www.health.gov.au/sites/default/files/documents/2021/03/the-use-of-
face-masks-and-respirators-in-the-context-of-covid-19.pdf
There is substantial global evidence based on thorough research that demonstrates
the effectiveness of face masks in reducing the risk of transmission. This includes
evidence showing that high community use of face masks reduces cases,
hospitalisations and deaths associated with COVID-19 [1 – 4]. In Australia, face
masks have also played an important role in our outbreak responses to help us
control transmission [5 – 7]. Many countries recommend the use of face masks
within the community to help suppress COVID-19 [2, 3]. Please see the below links
for evidence in relation to the effectiveness of face masks:
1. Ford N, Holmer HK, Chou R et al. Mask use in community settings in the context of
COVID-19: A systematic review of ecological data. 2021. Lancet. doi:
10.1016/j.eclinm.2021.101024
https://www.thelancet.com/journals/eclinm/article/PIIS2589-5370(21)00304-
7/fulltext
2. United States Centers for Disease Control and Prevention. Use of Cloth Masks to
Control the Spread of SARS-CoV-2. Available online:
https://www.cdc.gov/coronavirus/2019-ncov/science/science-briefs/masking-
science-sars-
cov2.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F20
19-ncov%2Fmore%2Fmasking-science-sars-cov2.html [last updated 7 May 2021].
3. Brooks JT and Butler JC. Effectiveness of Mask Wearing to Control Community
Spread of SARS-CoV-2. 2021. JAMA. doi:10.1001/jama.2021.1505
https://jamanetwork.com/journals/jama/fullarticle/2776536
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4. Howard J, Huang A, Li Z et al. An evidence review of face masks against COVID109.
2021. PNAS. doi: 10.1073/pnas.2014564118
https://www.pnas.org/content/118/4/e2014564118
5. Costantino V and MacIntyre CR. The Impact of Universal Mask Use on SARS-COV-2
in Victoria, Australia on the Epidemic Trajectory of COVID-19. 2021. Public Health
9:625499. doi: 10.3389/fpubh.2021.625499
https://www.frontiersin.org/articles/10.3389/fpubh.2021.625499/full
6. Trauer JM, Lydeamore MJ, Dalton GW et al. Understanding how Victoria, Australia
gained control of its second COVID-19 wave. 2021. MedRxiv doi:
10.1101/2021.04.03.21254866
https://www.medrxiv.org/content/10.1101/2021.04.03.21254866v1.full
7. Scott N, Saul A, Spelman T et al. The introcution of a mandatory mask policy was
associated with significantly reduced COVID-19 cases in a major metropolitan city.
2021. PloS ONE. doi: 10.1371/journal.pone.0253510
https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0253510#referen
ces
Effectiveness of lockdowns
In your request, you refer to lockdowns. The department does not hold peer
reviewed scientific evidence that social distancing reduces the spread of COVID-19.
The States and Territories are responsible for lockdowns within their respective
jurisdictions. If you are interested in accessing documents relevant to this, you might
like to consider submitting a request to the relevant State or Territory entity.
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.
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. 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.
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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/
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:
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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 on (02) 6289 1666 or at
xxx@xxxxxx.xxx.xx. Yours sincerely
Carolyn Paterson
Assistant Secretary
Office of Health Protection and Response
28 September 2021
