Department Reference: FOI 3323
Sam Mostyn
By emai
l: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Sam Mostyn
NOTICE OF DECISION UNDER SECTION 24A
OF THE FREEDOM OF INFORMATION ACT 1982
I refer to your request received on 1 November 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. I am requesting the scientific evidence that proved to the government that the SARS-
CoV-2 virus causes the Covid-19 disease. Specifically, I am requesting the evidence
that demonstrated that an isolate of the SARS-CoV-2 virus (separated from all non-
identical particles) causes the Covid-19 disease in an organism or pure tissue culture.
2. If this information was not held by the Government, I am requesting a statement of
reasons to explain why the government proceeded with a Public Health Order
designed to combat a contagious disease without having evidence of a contagious
disease.
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.
Public Health Orders
In relation to part 2 of your request, state and territory governments are responsible
for public health orders (or directions) under their respective public health and
emergency legislation.
The department does not have access to all documents created by, received by, or
stored by other Commonwealth, State or Territory government entities.
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. 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.
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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.
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/ 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
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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
16 November 2021
