21 January 2022
Ms Verity Pane
Via Right to Know xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Pane,
Your Freedom of Information Request No: REQ-0014392
Notice of Decision
The purpose of this letter is to give you a decision about access to documents that you requested under the
Freedom of Information Act 1982 (FOI Act).
Summary
I, Kerri Burden, am an officer authorised under section 23(1) of the FOI Act to make decisions in relation to
FOI requests.
You requested access to documents relating to My Health Record on 23 December 2021. Specifically, you
sought access to:
“documents held by the Agency outlining why it did not respond to the Office of the
Australian Information Commissioner’s (OAIC) investigation findings and any other past
adverse findings made by the Australian Information Commissioner about the Agency’s
conduct and practices.”
We received your request on 23 December 2021 and the 30-day statutory period for processing your
request commenced from the day after that date.
DOCUMENTS IDENTIFIED
There are no documents that fall within the scope of your application.
DECISION
The Agency is actioning all recommendations from the Office of the Australian Information Commissioner
(OAIC) investigation into this matter. We will provide advice to the OAIC notifying them of these actions.
There have not been any past adverse findings made by the Australian Information Commissioner about
the Agency’s conduct and practices around Freedom of Information requests.
Australian Digital Health Agency ABN 84 425 496 912, Level 25, 175 Liverpool Street, Sydney, NSW 2000
Pho
ne +61 2 8298 2600
www.digitalhealth.gov.au OFFICIAL
Material taken into account
I have taken the following material into account in making my decision:
• the FOI Act
• the guidelines issued by the Australian Information Commissioner under section 93A of the FOI Act
Your review rights
If you are dissatisfied with my decision, you may apply for internal review or Information Commissioner
review of the decision. We encourage you to seek internal review as a first step as it may provide a more
rapid resolution of your concerns.
Internal review
Under section 54 of the FOI Act, you may apply in writing to the Australian Digital Health Agency for an
internal review of my decision. The internal review application must be made within 30 days of the date of
this letter.
Where possible please attach reasons why you believe review of the decision is necessary. The internal
review will be carried out by another officer within 30 days.
Information Commissioner review
Under section 54L of the FOI Act, you may apply to the Australian Information Commissioner to review my
decision. An application for review by the Information Commissioner must be made in writing within 60
days of the date of this letter, and be lodged in one of the following ways:
online:
https://forms.business.gov.au/aba/oaic/foi-review-/
email:
xxxxxxxxx@xxxx.xxx.xx
post:
GPO Box 2999, Canberra ACT 2601
in person:
Level 3, 175 Pitt Street, Sydney NSW
More information about Information Commissioner review is available on the Office of the Australian
Information Commissioner website. Go to
www.oaic.gov.au/freedom-of-information/foi-reviews. Questions about this decision
If you wish to discuss this decision, please contact the FOI Team by email
xxx@xxxxxxxxxxxxx.xxx.xx or by
phone on 02 6151 8653.
Yours sincerely,
Kerri Burden
Authorised Decision Maker
