Call My doctor Pty Ltd
Dear Department of Health,
I would like a copy of all correspondence between the the Health department/Minster Hunt and call My Doctor Pty Ltd
I have requested this directly some months ago with no response
Yours faithfully,
Lindsay Stewart
Dear Mr Stewart
FREEDOM OF INFORMATION REQUEST – NOTIFICATION OF RECEIPT
I am writing to notify you that the Department of Health (department) has received your request (in your below email) for access to documents under the Freedom of Information Act 1982 (FOI Act).
The Department will take all reasonable steps to notify you of a decision no later than 30 calendar days after the date your request was received. You will be contacted where a charge is applied for processing your request or if we need to consult a third party.
Unless you advise otherwise, duplicate documents and Commonwealth employee names and contact details below Senior Executive Service level and mobile telephone numbers of all staff will be excluded from the scope of your request under s22(1)(a)(ii) of the FOI Act.
You can contact the FOI Unit on (02) 6289 1666, or via email at [email address], should you have any enquiries.
Regards
FOI Officer
FOI and Legislation Section
Legal & Assurance Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
T: 02 6289 1666 | E: [Health request email]
GPO Box 9848, Canberra ACT 2601, Australia
The Department of Health acknowledges the Traditional Custodians of Australia and their continued connection to land, sea and community. We pay our respects to all Elders past and present.
If you receive this email in error, please delete it and contact the sender immediately.
Dear Mr Stewart
Please advise whether you would consent to an extension of time to 4
December 2019 to be notified of a decision in relation to your freedom of
information request to the Department of Health seeking access to:
‘a copy of all correspondence between the Health
department/Minster Hunt and call My Doctor Pty Ltd.’
Regards
François Murat
FOI & Legislation Support Section
Legal & Assurance Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
T: 02 9263 3720 | E: [1][email address]
Location: Elizabeth Street, Sydney 9-013
GPO Box 9848, Canberra ACT 2601, Australia
The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present.
If you receive this email in error, please delete it and contact the
sender immediately.
Dear Mr Stewart
I refer to your request of 21 October 2019 to the Department of Health
(department) seeking access under the Freedom of Information Act 1982
(Cth) (FOI Act) to the following documents:
‘I would like a copy of all correspondence between the Health
department/Minister Hunt and call My Doctor Pty Ltd.’
Notice of Third Party Consultation
It appears, from the documents to which you seek access, a third party may
reasonably wish to make a contention concerning possible exemption of some
of the documents. Accordingly, Ms Kristin English, Director, FOI &
Legislation Support Section, an officer authorised under section 23(1) of
the FOI Act to make decisions in relation to freedom of information
requests, has determined the requirements of sections 27 and 27A of the
FOI Act make it appropriate to extend the time frame for dealing with your
request.
Pursuant to section 15(6) of the FOI Act, the period for providing you
with a decision has been extended by a further period of 30 days. This
means the department must, not later than 60 calendar days after the day
on which your request was received, take all reasonable steps to notify
you of a decision on your request.
The period of 60 calendar days is, however, suspended by virtue of the
Notice of Liability to Pay a Charge below.
Notice of Liability to Pay a Charge
Ms English has also decided that you are liable to pay a charge in respect
of the processing of your request.
Preliminary Assessment
In accordance with section 29 of the FOI Act and the Freedom of
Information (Charges) Regulations 2019, my preliminary assessment of the
charge you are liable to pay is $862.05.
This has been calculated as follows:
search and 26.3867 $395.80
retrieval hours @
time $15.00
(including per
time spent hour
locating
relevant
files and
collating
relevant
documents
contained on
those files)
decision 28.3127 $566.25
making time hours @
(including $20.00
time spent per
examining the hour ($100.00)
documents,
considering
exemptions,
undertaking Less
consultation, first 5
writing the hours
decision and free
preparing any
documents for
release)
TOTAL $862.05
Deposit
Ms English has also decided that you are required to pay a deposit of
$215.51. Payment of a deposit is taken as your authority to proceed with
processing of your request and your agreement to pay the full charge in
which case you will become liable to the Commonwealth for the full cost of
processing the charge.
Payment
The department can accept credit card, money order or cheque payments.
If you choose to pay by cheque (personal or bank) or money order it should
be sent to the following:
FOI Unit (MDP 516)
Department of Health
GPO Box 9848
CANBERRA ACT 2601
If you wish to pay by credit card, please contact the department’s FOI
unit on (02) 6289 1666 to be further advised.
Response
Under the FOI Act, you have 30 days to respond in writing to this notice.
You must, within 30 days after this notice is given, do one of the
following things: (i) agree with the department’s estimate and pay the
deposit or whole charge if no deposit is listed, or (ii) advise the
department in writing you contend the charge has been wrongly assessed, or
should be reduced or not imposed, giving reasons for your contention, or
(iii) advise the department in writing you withdraw the request for access
to the documents concerned. Please send your response to the above postal
address or [1]this email address. If you do not provide a response within
30 days, your freedom of information request will be taken to have been
withdrawn.
If you choose to make a contention the charge should be reduced or not
imposed, the department must, in making a decision on your contention,
take into account the matters set out in section 29(5) of the FOI Act or
any relevant matter.
Processing time
Processing of your request and counting the 60 calendar days are suspended
from the date you receive this notice and resume either when you pay the
deposit or when any contention you make about the charge has been
resolved.
Relevant provisions
The FOI Act, including the provisions referred to in this email, can be
accessed from the Federal Register of Legislation website.
If you require clarification of any of the matters discussed in this email
you should contact the department’s FOI Unit on (02) 6289 1666, or by
email at [2][email address].
Kind regards
François Murat
FOI & Legislation Support Section
[3]cid:image003.png@01D51610.1D98D220
Legal & Assurane Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
T: 02 6289 1666 | E: [4][email address]
GPO Box 9848, Canberra ACT 2601, Australia
The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present.
If you receive this email in error, please delete it and contact the
sender immediately.
Dear FOI,
I am Australian citizen and will not pay for this service. I demand the information.
Yours sincerely,
Lindsay Stewart
Dear Mr Stewart,
Section 29 of the Freedom of Information Act 1982 (FOI Act) enables the
department to impose a charge in respect of your freedom of information
(FOI) request, where the documents being requested are not personal
information.
The email below, sent to you on 18 November 2019, notifies you of your
liability to pay a charge of $862.05 with respect to your FOI request for
'a copy of all correspondence between the Health department/Minister Hunt
and Call My Doctor Pty Ltd' (FOI 1375). The notice in full is attached.
You must, within 30 days after the date of the notice, agree to pay the
charge, or ask that the charge be corrected, reduced or not imposed, or
withdraw the FOI request.
In your email of 23 November 2019 below, you advise that ‘I am Australian
citizen and will not pay for this service. I demand the information.‘ The
department takes this to mean that you are contending that the charge
should not be imposed.
Under s29(1)(f)(ii) of the FOI Act, you must give reasons for your
contention. Please advise me of the reasons for your contention that the
charge should not be imposed.
In accordance with s29(6) of the FOI Act, the department will take all
reasonable steps to notify you of a decision on whether to exercise its
discretion to waive or reduce the charge as soon as practicable but no
later than 30 days after the date of your email.
Regards
Kind regards
Casey
Casey Auld
Team Leader
FOI Unit – FOI and Legislation Support Section
[1]cid:image003.png@01D51610.1D98D220
Legal & Assurance Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
T: 02 6289 1262 | E: [2][email address]
GPO Box 9848, Canberra ACT 2601, Australia
The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present.
If you receive this email in error, please delete it and contact the
sender immediately.
Dear Mr Stewart,
I refer to the email below advising you that the Department of Health will
treat your email of 23 November 2019 as an application for a waiver of
charges in relation to your request FOI 1375 for 'a copy of all
correspondence between the Health department/Minister Hunt and Call My
Doctor Pty Ltd.' We are currently awaiting your reasons for your
contention that the charge should not be imposed.
On 8 November 2019, the department also sent you a notice of liability to
pay a charge of $98.75 concerning your request FOI 1374 for access to ‘all
working papers, information, data, submissions, emails from NQPHN in
relation to Call My Doctor Pty.’
You must, by Monday 9 December 2019, either agree to pay the charge (and
pay the deposit of $20.00), or ask that the charge be corrected, reduced
or not imposed, or withdraw the FOI request. If you do not do any one of
these things, your freedom of information request FOI 1374 will be
considered withdrawn.
Please advise whether you also contend that the charge of $98.75 for FOI
1374 should not be imposed.
Kind regards
Casey
Casey Auld
Team Leader
FOI Unit – FOI and Legislation Support Section
[1]cid:image003.png@01D51610.1D98D220
Legal & Assurance Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
T: 02 6289 1666 | E: [2][email address]
GPO Box 9848, Canberra ACT 2601, Australia
The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present.
If you receive this email in error, please delete it and contact the
sender immediately.
Dear Mr Stewart,
I refer to Casey Auld’s email of 26 November 2019 below.
I note that you have not yet provided your reasons for contending that the
charge should not be imposed as requested by Ms Auld.
Please provide your reasons so that they may be considered by the decision
maker.
Regards
François Murat
FOI & Legislation Support Section
[1]cid:image003.png@01D51610.1D98D220
Legal & Assurance Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
T: 02 9263 3720 | E: [2][email address]
Location: Elizabeth Street, Sydney 9-013
GPO Box 9848, Canberra ACT 2601, Australia
The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present.
If you receive this email in error, please delete it and contact the
sender immediately.
From: FOI <[email address]>
Sent: Tuesday, 26 November 2019 11:16 AM
To: 'Lindsay Stewart' <[FOI #5727 email]>
Subject: TRIM: RE: Internal review of Freedom of Information request -
Call My doctor Pty Ltd [SEC=OFFICIAL]
Dear Mr Stewart,
Section 29 of the Freedom of Information Act 1982 (FOI Act) enables the
department to impose a charge in respect of your freedom of information
(FOI) request, where the documents being requested are not personal
information.
The email below, sent to you on 18 November 2019, notifies you of your
liability to pay a charge of $862.05 with respect to your FOI request for
'a copy of all correspondence between the Health department/Minister Hunt
and Call My Doctor Pty Ltd' (FOI 1375). The notice in full is attached.
You must, within 30 days after the date of the notice, agree to pay the
charge, or ask that the charge be corrected, reduced or not imposed, or
withdraw the FOI request.
In your email of 23 November 2019 below, you advise that ‘I am Australian
citizen and will not pay for this service. I demand the information.‘ The
department takes this to mean that you are contending that the charge
should not be imposed.
Under s29(1)(f)(ii) of the FOI Act, you must give reasons for your
contention. Please advise me of the reasons for your contention that the
charge should not be imposed.
In accordance with s29(6) of the FOI Act, the department will take all
reasonable steps to notify you of a decision on whether to exercise its
discretion to waive or reduce the charge as soon as practicable but no
later than 30 days after the date of your email.
Regards
Kind regards
Casey
Casey Auld
Team Leader
FOI Unit – FOI and Legislation Support Section
[3]cid:image003.png@01D51610.1D98D220
Legal & Assurance Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
T: 02 6289 1262 | E: [4][email address]
GPO Box 9848, Canberra ACT 2601, Australia
The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present.
If you receive this email in error, please delete it and contact the
sender immediately.
Dear Mr Stewart
Please see the attached correspondence from the Department of Health in
regards to your request for waiver of charges for FOI 1375.
Kind regards
FOI Unit – FOI and Legislation Section
[1]cid:image003.png@01D51610.1D98D220
Legal & Assurance Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
T: 02 6289 1666 | E: [2][email address]
GPO Box 9848, Canberra ACT 2601, Australia
The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present.
If you receive this email in error, please delete it and contact the
sender immediately.