Department Reference: FOI 3223
Mr Joe Sullivan
via email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Sullivan
NOTICE OF DECISION UNDER SECTION 24A
OF THE FREEDOM OF INFORMATION ACT 1982
I refer to your request of 19 October 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:
A list containing each death attributable to COVID-19 in Australia that specifies the
age of the deceased. For extra clarity, I seek the age of each deceased person at time of
death rather than a number of deaths per age band
Information about COVID-19 case numbers and deaths
The Department does not hold data or documentation that disaggregates the number
of confirmed deaths that have died ‘from’ or died ‘with’ COVID-19 or influenza and
therefore we are unable to provide data or documents that is able to support your
request.. This data may be available from State and Territory health departments.
COVID-19 cases and associated deaths are reported to the department by the states
and territories. The national case definitions for COVID-19 cases, including
COVID-19 associated deaths, are outlined in the Communicable Diseases Network
Australia COVID-19: National Guideline for Public Health Units, see:
https://www1.health.gov.au/internet/main/publishing.nsf/Content/cdna-song-
novel-coronavirus.htm.
The current definition for a COVID-19 associated death is:
• A COVID-19 death is defined for surveillance purposes as a death in a
confirmed COVID-19 case, unless there is a clear alternative cause of death
that cannot be related to COVID-19 (e.g. trauma). There should be no period
of complete recovery from COVID-19 between illness and death. Where a
Coroner’s report is available, these findings are to be observed.
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National notification data on COVID-19 confirmed cases, including associated deaths
(based on the above definition), is collated in the National Interoperable Notifiable
Diseases Surveillance System (NINDSS) based on notifications made to state and
territory health authorities under the provisions of their relevant public health
legislation. Information collected in this system includes age at onset, not age at
death. For information about how to apply for data from the NINDSS please contact
the NNDSS Data Requests inb
ox (xxxxx.xxxxxxxxxxxx@xxxxxx.xxx.xx).
Information on total COVID-19 case numbers and associated deaths, which are
broken down by age groups, can be found on the department’s website:
• Daily case summary of cases:
https://www.health.gov.au/news/health-
alerts/novel-coronavirus-2019-ncov-health-alert/coronavirus-covid-19-
current-situation-and-case-numbers
• Daily infographic, including previous versions dating back to 5 April 2020:
https://www.health.gov.au/resources/collections/coronavirus-covid-19-at-
a-glance-infographic-collection
• Communicable Diseases Intelligence COVID-19 epidemiology fortnightly
report:
https://www1.health.gov.au/internet/main/publishing.nsf/Content/novel_
coronavirus_2019_ncov_weekly_epidemiology_reports_australia_2020.htm
The Australian Bureau of Statistics (ABS) complies mortality data based on death
registrations processed by the Registries of Births, Deaths and Marriages in each
State and Territory and information on the cause of death sourced from a Medical
Certificate of Cause of Death (MCCD) completed by a certifying practitioner. The
ABS publishes finalised cause of death data annually and is currently publishing
provisional mortality statistics on a monthly basis which are available at:
https://www.abs.gov.au/statistics/health/causes-death
• The monthly provisional mortality reports provide information on doctor
certified deaths and their registered causes, including deaths due to COVID-
19 or influenza, noting that there is an approximate 3 month lag on these
data. Please note that these data are provisional, and do not include deaths
that have been referred to a coroner.
• Requests for ABS mortality data should be directed to the ABS.
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.
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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, including the Therapeutic Goods Administration
(TGA), 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.
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/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
18 November 2021
