Department Reference: FOI 3127
Susan Stokes
By emai
l: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Susan Stokes
NOTICE OF DECISION UNDER SECTION 24A
OF THE FREEDOM OF INFORMATION ACT 1982
I refer to your request of 26 September 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. There has been evidence that the isolated virus known as SARS-COV-2 causes the
disease known as COVID-19, or;
2. The four criteria known as Koch’s postulates have been satisfied to show that the virus
known as SARS-COV-2 causes the disease known as COVID-19, and;
3. There has been documentable and real-life cases of asymptomatic transmission of the
virus known as SARS-COV-2, and;
4. There is a scientifically accurate test, which can detect the existence of the virus
known as SARS-COV-2.
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 over 5 million deaths worldwide in
just over 22 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.
Attached to this email is an article published in the Daily Telegraph on
13 August 2021 that may be of interest to you.
Information about asymptomatic transmission
The department does not hold or collate specific data on asymptomatic cases and
whether they were the source of infection for another case.
The National Interoperable Notifiable Diseases Surveillance System (NINDSS)
collects data on the symptomatic status of cases at the time of their case interview,
and depending on the jurisdiction where it is collected, this field may be updated
throughout the period of public health management for a case. This data therefore
represents a mix of cases that are either asymptomatic or pre-symptomatic and are
not a reliable source for interpreting the true asymptomatic status of people who
have tested positive. The term asymptomatic refers to a person who tests positive for
SARS-CoV-2 (the virus that causes COVID-19) who does not develop symptoms
across the duration of their infection while the term pre-symptomatic refers to a
person who at the time of testing positive for SARS-CoV-2 did not have symptoms of
the virus but in the time following, goes on to develop symptoms, no matter how
mild.
More broadly, it is difficult to determine how many people infected with
SARS-CoV-2 are truly asymptomatic via surveillance data. Cases that are truly
asymptomatic may not be aware of their infection status and therefore will not seek
testing; some of these people may only be identified as part of contact tracing or
other testing activities.
Additionally, the NINDSS does not contain data on whether an asymptomatic case
was the source of infection for another case. Some studies estimate that the
asymptomatic proportion of cases ranges from 18% to 42%. Transmission can occur
from persistently asymptomatic persons, although they seem to be less likely to
transmit. The risk of transmission from symptomatic or pre-symptomatic cases is
considered to be higher than from asymptomatic cases, as viral shedding is higher at
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symptom onset. The secondary attack rate of symptomatic index cases was higher
than asymptomatic cases (see below articles for reference).
More specific information on instances of asymptomatic transmission for cases
reported in states and territories may be available from state and territory health
departments. Australia continues to review the latest literature on COVID-19,
including on the occurrence of asymptomatic cases and their transmission potential
to inform its public health advice, including with regard to the Communicable
Diseases Network Australia COVID-19: National Guideline for Public Health Units,
s
ee: https://www1.health.gov.au/internet/main/publishing.nsf/Content/cdna-
song-novel-coronavirus.htm 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, based on 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. This research and information is
available in the public domain as described above.
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.
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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
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:
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/make-
an-foi-complaint/
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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/C2021C00382 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
Megan Lancaster
Assistant Secretary
Public Health and Surveillance Branch
23 November 2021
