Department Reference: FOI 3685
Mr Dominic Manganaro
Via email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Manganaro
NOTICE OF DECISION
Thank you for your request to the Department of Health on 17 March 2022 seeking
access under the
Freedom of Information Act 1982 (Cth) (the FOI Act) to the following:
1. Documents created by the Department of Health in March 2020 containing formal
health advice that were provided by the Department of Health to either the Prime
Minister of Australia or to the Minister for Home Affairs that was relied upon for the
closure of Australia's International borders in March 2020 and
2. Documents created by the Department of Health in September 2021 containing
formal health advice that were provided by the Department of Health to either the
Prime Minister of Australia or to the Minister for Home Affairs that was relied upon
for the closure of Australia's International borders in September 2021
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.
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 does not hold any documents referred to in your request.
As a consequence, relying on section 24A of the FOI Act, I cannot provide access to
the documents you requested.
Freedom of Information Unit (MDP 516) GPO Box 9848 Canberra ACT 2601
Telephone: (02) 6289 1666 ABN: 83 605 426 759
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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/
The OAIC can be contacted by:
Email:
xxxxxxxxx@xxxx.xxx.xx
Phone:
1300 363 992
Complaints
If you are dissatisfied with action taken by the department, you may also make a
complaint.
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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 a
t xxx@xxxxxx.xxx.xx.
Yours sincerely
Carolyn Paterson
Assistant Secretary
Biosecurity and Border Health Taskforce
13 April 2022
