Medical exemption for covid
Dear Australian Technical Advisory Group on Immunisation (ATAGI),
Hope this finds you well. Can you please provide some clarification to the time given for exemption for covid after acute major medical illness please.
I have read your documentation dated 18/2:22 which states it has been reduced from 6 months to 4 months.
Do doctor surgeries have the right to apply their own time frames under 4 months? Or Is it a clear solid 4 month exemption as stated on this document.
It is my understanding that by law as health practitioners that we as individuals have the right to this 4 months exemption.
Can you please advice, or how I can escalate this further.
Yours faithfully,
Michelle
Dear Michelle,
Thank you for your two emails dated 29 April 2022.
Please be advised that the Australian Technical Advisory Group on Immunisation (ATAGI) sits within the Department of Health (the department), and as such your requests have been directed to the department's FOI team for action. Your requests appears to be duplicated, and going forward, the department will be treating them as one request.
The FOI team is seeking to clarify the scope of your request, specifically you have stated:
Can you please provide some clarification to the time given for exemption for covid after acute major medical illness please.
I have read your documentation dated 18/2:22 which states it has been reduced from 6 months to 4 months.
Do doctor surgeries have the right to apply their own time frames under 4 months? Or Is it a clear solid 4 month exemption as stated on this document.
It is my understanding that by law as health practitioners that we as individuals have the right to this 4 months exemption.
A request for access to documents under the Freedom of Information Act 1982 (the FOI Act) must provide sufficient information as is reasonably necessary to enable a responsible officer in the department to identify the document requested. The FOI Act does not provide a mechanism for questions to be raised and answers provided, and it does not require the department to create a response to such questions, except in very limited circumstances.
Where a request does not satisfy the validity requirements of the FOI Act, the department must undertake a request consultation process with you.
Request consultation process
You have not provided sufficient information for a responsible officer in the department to identify the documents you are seeking access to and as such, your request is not currently a valid FOI request.
The Department is providing you with a reasonable opportunity to take steps to provide sufficient information that would enable the department to identify the documents you are seeking access to, and to submit a request that is valid for the purposes of section 15 of the FOI Act.
Timeframes
As this is not currently a valid request, the statutory processing timeframes have not commenced.
The consultation period during which you may revise the scope of your request is 14 days from the date of this email. If the department does not hear from you before the end of the 14-day consultation period, your request will be regarded as an invalid request and no further action will be taken on it by the department.
If you require assistance to modify your request to ensure that is a valid request, you may contact the FOI team on (02) 6298 1666 or by email at [Australian Technical Advisory Group on Immunisation (ATAGI) request email].
Kind regards,
FOI Officer
Freedom of Information Section
Legal & Assurance Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
T: 02 6289 1666 | E: [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.
Dear Michelle,
Thank you for your two emails dated 29 April 2022.
Please be advised that the Australian Technical Advisory Group on Immunisation (ATAGI) sits within the Department of Health (the department), and as such your requests have been directed to the department's FOI team for action. Your requests appears to be duplicated, and going forward, the department will be treating them as one request.
The FOI team is seeking to clarify the scope of your request, specifically you have stated:
Can you please provide some clarification to the time given for exemption for covid after acute major medical illness please.
I have read your documentation dated 18/2:22 which states it has been reduced from 6 months to 4 months.
Do doctor surgeries have the right to apply their own time frames under 4 months? Or Is it a clear solid 4 month exemption as stated on this document.
It is my understanding that by law as health practitioners that we as individuals have the right to this 4 months exemption.
A request for access to documents under the Freedom of Information Act 1982 (the FOI Act) must provide sufficient information as is reasonably necessary to enable a responsible officer in the department to identify the document requested. The FOI Act does not provide a mechanism for questions to be raised and answers provided, and it does not require the department to create a response to such questions, except in very limited circumstances.
Where a request does not satisfy the validity requirements of the FOI Act, the department must undertake a request consultation process with you.
Request consultation process
You have not provided sufficient information for a responsible officer in the department to identify the documents you are seeking access to and as such, your request is not currently a valid FOI request.
The Department is providing you with a reasonable opportunity to take steps to provide sufficient information that would enable the department to identify the documents you are seeking access to, and to submit a request that is valid for the purposes of section 15 of the FOI Act.
Timeframes
As this is not currently a valid request, the statutory processing timeframes have not commenced.
The consultation period during which you may revise the scope of your request is 14 days from the date of this email. If the department does not hear from you before the end of the 14-day consultation period, your request will be regarded as an invalid request and no further action will be taken on it by the department.
If you require assistance to modify your request to ensure that is a valid request, you may contact the FOI team on (02) 6298 1666 or by email at [Australian Technical Advisory Group on Immunisation (ATAGI) request email].
Kind regards,
FOI Officer
Freedom of Information Section
Legal & Assurance Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
T: 02 6289 1666 | E: [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.
Dear FOI,
I am wishing to have access to the exact amount of time that a medical exemption is able to be obtained for. Your document has stated 4 months; however is this a solid four months or up to four months. Would like a document that states this clearly to take to my doctor please.
Yours sincerely,
Michelle shield
Dear Michelle,
Thank you for your follow up email seeking clarification.
We have consulted with ATAGI who have advised the only available document
regarding your request is already published on the department’s website,
and can be found here:
[1]https://www.health.gov.au/resources/publ...
Noting the content of that publication, we have been advised that a person
who has an acute illness that continues beyond the already granted
exemption may seek an extension.
This is done through a GP who can apply for a subsequent exemption to
extend the timeframe, however it will be considered a separate or
additional exemption rather than a continuation.
Finally, the FOI Act provides a right to request access to documents in
the possession of the relevant entity at the time the FOI request is made.
The definition of ‘document’ in section 4 of the FOI Act specifically
excludes material maintained for reference purposes that is otherwise
publicly available.
As the document you seek is publicly available, your request is considered
invalid for the purposes of the FOI Act and has been closed.
Please do not hesitate to contact us by email at [2][email address]
should you have any further enquiries.
Kind regards,
Daniel
FOI Officer
Freedom of Information Section
Legal & Assurance Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
T: 02 6289 1666 | E: [3][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.