Our ref: F22/0044
Mr Ajay Singh
Sent via email to:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Singh
Freedom of Information Application
Section 17(2) Clarification
I refer to your application under the
Freedom of Information Act 1982 requesting access to:
“1. Please provide what research / data / consultation thag has been done so far
that proves that face masks can successfully prevent catching coronavirus and / or
all its known variants ie SARS COV2 2. Please provide list of manufacturers that
has approved face mask products recommended by goverment for protection
against coronavirus and / or all its known variants ke SARS COV2 3. Please provide
numbers of hours that face mask can be worn without causing harm due to
excessive CO2 intake. Also provide list of known side effects of continuous wearing
face masks 4. Please provide how many patients diagnosed in hospitals have been
confirmed to have omicron variants since the omicron variants arrived in Australia.
5 please provide if RTPCR test can detect and differentiate all the known variants
of coronavirus SARS COV2?"
Preliminary enquiries have been conducted and I write to advise that pursuant to section 17(2)
of the Act, it will be necessary for you to further clarify, or specify, your request so that specific
documents can be identified. Please note that section 17(2) states:
“A request shall provide such information concerning the document as is reasonably
necessary to enable a responsible officer of the agency, or the Minister, as the case
may be, to identify the document.”
You will note above that this section of the Act refers to access to a
document, rather than
to information or responses to questions. In various points of your request, you have asked
a series of questions and requested information than specify the particular documents
sought
. It has been determined that the wording of these points of your request as it
currently stands does not adequately specify the documents sought.
In accordance with this section of the Act, an applicant is required to provide such information
concerning the documents they seek as is reasonably necessary to enable the department to
identify the documents. An applicant must define with as much precision as possible the
documents sought. For example, information must be provided so that the documents can
properly be identified by date or within a reasonable time period. In addition, applicants must
make requests for specific documents or groups of documents, not for every document in a
broad category.
Accordingly, you will be required to re-frame your request so as to ensure that the information
you are seeking is in document form. In order to assist with this clarification, we request you
specify a category (or categories) of documents that you seek that would represent the
information you are seeking to access.
Until your request is amended as required by section 17 of the Act it cannot be processed and
the 30 day period within which a decision must be made on your request has not commenced.
Please note, even with clarification, it may be determined that the work involved in processing
your request would divert the resources of the department substantially and unreasonably from
its other operations and further consultation may be necessary. If this is the case, you will be
advised in writing.
I would appreciate it if you would respond to the issues raised above by 23 February 2022,
otherwise I will assume that you do not wish to clarify your request and no further action will be
taken by the department
Yours sincerely
Michael Ghobrial
A/Manager, Freedom of Information
02 / 02 / 2021