LEX 67396 Decision Decision letter final.pdf

PO Box 7820 Canberra BC ACT 2610

9 May 2022

Our reference:  LEX 67396

Mr Deon Scheepers

Only by email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Mr Scheepers
Decision on your Freedom of Information Request
I  refer  to  your  request  under  the  Freedom  of  Information  Act  1982  (the  FOI  Act)  made  to
Services Australia (the agency) on 7 April 2022. Your request was made in the following terms:
We are requesting breakdown of statistics for Medicare item 11503 if available. Details
of 11503 are below and we would like to know if there is a breakdown of the service
numbers specifically for the tests as highlighted below (Points iv and v)
GroupD1 - Miscellaneous Diagnostic Procedures And Investigations
Subgroup4 - Respiratory
Complex measurement of properties of the respiratory system, including the lungs and
respiratory muscles, that is performed:
(iv)  inhalation  provocation  testing,  including  pre  provocation  spirometry  and  the
construction  of  a  dose  response  curve,  using  a  recognised  direct  or  indirect
bronchoprovocation agent and post bronchodilator spirometry;
(v) provocation testing involving sequential measurement of lung function at baseline
and  after  exposure  to  specific  sensitising  agents,  including  drugs,  or  occupational
asthma triggers.
My decision
I have decided to refuse your request for access under section 24A of the FOI Act on the basis
that all reasonable steps have been taken to locate the information you have requested and I
am satisfied that the information does not exist. Please see Attachment A for the reasons for
my decision.

You can ask for a review of our decision
If you disagree with any part of the decision you can ask for a review. There are two ways you
can do this. You can ask for an internal review from within Services Australia, or an external
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review by the Office of the Australian Information Commissioner. See Attachment B for more
information about how to request a review.
Further assistance
If you have any questions please email xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx

Yours sincerely

Kristina
Authorised FOI Decision Maker
Freedom of Information Team
Information Access Branch  | Legal Services Division
Services Australia
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PO Box 7820 Canberra BC ACT 2610

Attachment A

REASONS FOR DECISION
What you requested
We are requesting breakdown of statistics for Medicare item 11503 if available. Details
of 11503 are below and we would like to know if there is a breakdown of the service
numbers specifically for the tests as highlighted below (Points iv and v)
GroupD1 - Miscellaneous Diagnostic Procedures And Investigations
Subgroup4 - Respiratory
Complex measurement of properties of the respiratory system, including the lungs and
respiratory muscles, that is performed:
(iv)  inhalation  provocation  testing,  including  pre  provocation  spirometry  and  the
construction  of  a  dose  response  curve,  using  a  recognised  direct  or  indirect
bronchoprovocation agent and post bronchodilator spirometry;
(v) provocation testing involving sequential measurement of lung function at baseline
and  after  exposure  to  specific  sensitising  agents,  including  drugs,  or  occupational
asthma triggers.
What I took into account
In reaching my decision I took into account:
  your request dated 7 April 2022
  consultations with Services Australia officers about:
o  the nature of the requested information
o  Services Australia's operating environment and functions
  guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (the Guidelines), and
  the FOI Act.
Reasons for my decisions
I am authorised to make decisions under section 23(1) of the FOI Act.
Section 24A of the FOI Act

Section 24A of the FOI Act provides that:

(1)  An agency or Minister may refuse a request for access to a document if:
(a)  all reasonable steps have been taken to find the document; and
(b)  the agency or Minister is satisfied that the document:
(i) is in the agency's or Minister's possession but cannot be found; or
(ii) does not exist.
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The agency undertakes some activities and functions on behalf of the Department of Health
related  to  item  11503  of  the  Medicare  Benefits  Schedule  (MBS).  Specicially,  the  agency’s
Health  Strategy  Branch  (the  Branch)  is  responsible  for  these  activities  and  functions.  The
Branch conducted search and retrieval in relation to your request, including searches for the
requested information within its electronic filing system and group email boxes. The Branch
did not locate any documents within scope of your request.

Based on this I have concluded that the agency does not have a breakdown of the service
numbers  for  inhalation  provocation  testing  or  provocation  testing  involving  sequential
measurement of lung function at baseline and after exposure to specific sensitising agents.

On this basis, I am satisfied that in accordance with section 24A of the FOI Act:

1.  all reasonable steps have been taken to find the documents, and
2.  the documents do not exist.

Public MBS Item statistics

Whilst  I  note  that  the  specific  information  you  are  seeking  is  not  available,  you  can  access
general data on the items in the MBS via the Services Australia Website. I note this includes
some  statistics for  MBS  item  11503.  For  more  information  on  this,  please  see  the  Services
Australia website at the following link:

https://www.servicesaustralia.gov.au/medicare-statistics?context=1#a1

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If not delivered return to PO Box 7820 Canberra BC ACT 2610

Attachment B

INFORMATION ON RIGHTS OF REVIEW

FREEDOM OF INFORMATION ACT 1982

Asking for a full explanation of a freedom of information (FOI) decision
Before you ask for a formal review of a FOI decision, you can contact us to discuss your
request. We will explain the decision to you. This gives you a chance to correct
misunderstandings.
Asking for a formal review of a FOI decision
If you still believe a decision is incorrect, the Freedom of Information Act 1982 (FOI Act)
gives you the right to apply for a review of the decision. Under sections 54 and 54L of the
FOI Act, you can apply for a review of an FOI decision by:
1.  an Internal Review Officer in Services Australia; and/or
2.  the Australian Information Commissioner.
Applying for an internal review by an Internal Review Officer
If you apply for internal review, a different decision maker to the Services Australia delegate
who made the original decision will carry out the review. The Internal Review Officer will
consider all aspects of the original decision and decide whether it should change. An
application for internal review must be:
  made in writing
  made within 30 days of receiving this letter
  sent to the address at the top of the first page of this letter.
Note 2: You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
If you do not receive a decision from an Internal Review Officer in Services Australia within
30 days of applying, you can ask the Australian Information Commissioner for a review of the
original FOI decision.
You will have 60 days to apply in writing for a review by the Australian Information
Commissioner.
You can lodge your application:
Online:
www.oaic.gov.au
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Post:
Australian Information Commissioner

GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx

Note 3: The Office of the Australian Information Commissioner generally prefers FOI
applicants to seek internal review before applying for external review by the Australian
Information Commissioner.
Important:
  If you are applying online, the application form the 'Merits Review Form' is available
at www.oaic.gov.au.
  If you have one, you should include with your application a copy of the Services
Australia decision on your FOI request
  Include your contact details
  Set out your reasons for objecting to Services Australia's decision.
Complaints to the Australian Information Commissioner and Commonwealth
Ombudsman
Australian Information Commissioner

You may complain to the Australian Information Commissioner concerning action taken by
an agency in the exercise of powers or the performance of functions under the FOI Act,
There is no fee for making a complaint. A complaint to the Australian Information
Commissioner must be made in writing. The Australian Information Commissioner's contact
details are:

Telephone:      1300 363 992
Website:          www.oaic.gov.au

Commonwealth Ombudsman

You may also complain to the Commonwealth Ombudsman concerning action taken by an
agency in the exercise of powers or the performance of functions under the FOI Act. There is
no fee for making a complaint. A complaint to the Commonwealth Ombudsman may be
made in person, by telephone or in writing. The Commonwealth Ombudsman's contact
details are:

Phone:             1300 362 072
Website:          www.ombudsman.gov.au

The Commonwealth Ombudsman generally prefers applicants to seek review before
complaining about a decision.

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