Our ref: F22/1221
Mr Lee Gannon
Sent via email to:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Gannon
Freedom of Information Application
Section 17(2) Clarification
I refer to your application under the
Freedom of Information Act 1982 requesting access to:
‘1. Monash Health purchased VG70/Shangrila units for Victoria Health. Please
advise the official job title for Micheal Kapel?
2. Where McKinsey (David Buxton/others) or EY (Andrew Sampson/others)
involved with any instruction process for purchase of VG70/Shangrila goods for
Victoria Health? This could involve numbers of units, suppliers to be used process
for assessment or due diligence.
3. Did Victoria Health receive any instructions or directions from other government
departments related to VG70/Shangrila? Please provide any documentation.
4. What due diligence process was used for selection of RAPP? And documents
supporting this decision including confirmation of dealership?
5. What instructions were issued by Victoria Health to Monash for VG70/Shangrila
and any documents related to this question?
6. Any documents provided back to Victoria Health as to the purchase of
VG70/Shangrila units? Any documents relate to this question?
7. What value for money checks were completed as a long‐
term AEONMED
product distributor was not contacted and given quantities and at the time of
purchase could have provide more competitive pricing?
8. Please provide related TGA certificate for purchase of VG70/Shangrila goods?
9. At any stage before or after purchase did Victoria Health or other relate parties
engage any legal group for advice on purchase?’
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
documents, rather than to
information or responses to questions. In your request, you have sought answers to questions
across to several categories, rather than access to documents. It has been determined that
the wording of these points of your request as it currently stands does not adequately specify
the documents sought. Accordingly, you will be required to re-frame your request to ensure
that the information you are seeking is in document form.
I invite you to consult with the department with a view to amending or clarifying your request
so that it is in a form that complies with section 17 of the Act and provides the information
necessary to identify the documents sought.
In order to assist you with clarification you may wish to:
• clarify your request by altering the wording of your request to specify which particular
documents you are seeking
• specify a category (or categories) of documents that would represent the information
you are seeking to access
• include a time frame of when relevant documents may have been created.
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 5 August 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
15 / 07 / 2022
