Provide the information Queensland Health holds or has access to.

Waiting for an internal review by Queensland Health of their handling of this request.

Scott, of the family Chapman

Department of Health
33 Charlotte Street
Brisbane Queensland
Australia

12 Jan 2021

Dear Queensland Health,

On 7 January 2021 you published information to the world at large, which stated amongst other things that,

1. "Genome sequencing has confirmed the Queensland case of COVID-19 has the UK variant."

2. "we know for sure this person has the UK variant of the virus" [statement by Queensland’s Chief Health Officer]

3. "Evidence shows that this variant is 70 percent more infectious than other strains." [statement by Queensland’s Chief Health Officer]

4. "come forward for testing immediately and isolate until they receive the results"

Source: https://www.health.qld.gov.au/news-event...

Please provide the information (which is of the nature of a public interest matter) which,
a) defines the specific "Genome sequencing" of the "UK variant of the virus".

b) defines the specific "Genome sequencing" of the none UK variant.

c) provides the "Evidence" that this variant is "70 percent more infectious" than other strains."

d) provides that a person's' positive' COVID-19 test result means the virus is in an "infectious" stage.

e) if in the unlikely event you do not answer point d) above, then provide the specific details of the test that is undertaken which provides that an individual is deemed as "infectious".

f) provides evidence that an asymptomatic person can and has transmitted COVID-19 to another person and that person tested positive and there were no other external factors involved.

g) provides the number of COVID-19 deaths in Queensland for 2019, please provide none aged-care related deaths separately. Do not include deaths that had other potential external factors.

h) provides the number of flu deaths in Queensland for 2019, please provide none aged-care related deaths separately. Do not include deaths that had other potential external factors.

Yours faithfully,
Scott: Chapman

RTI-Privacy, Queensland Health

1 Attachment

Thank you for your enquiry

You will need to complete and submit a Right to Information and Information Privacy Access Application form (attached) and send to [email address] and a mandatory application fee: http://www.rti.qld.gov.au/fees-and-charges

You should provide as much information as you can in order to assist with searches for the requested records. You will also be required to provide original certified true copies of your evidence of identity (eg. Passport/driver's license/birth certificate) to [email address]

You may choose to complete the RTI application online, here: https://www.smartservice.qld.gov.au/serv...

Also, the Department of Health only has jurisdiction over public hospitals. Should the records be held by a private hospital, GP or private specialist, you will need to contact them directly. If you have any queries regarding the private system you can contact the Office of the Australian Information Commissioner’s office on 1300 363 992 or go to their website: www.oaic.gov.au

Many Thanks,

Kaurice

On behalf of

Privacy & RTI
Risk, Assurance and Information Management Branch | Privacy and Right to Information | Queensland Health
Working hours Monday to Friday

P
07 3082 0546

E
[email address]

W
health.qld.gov.au

A
PO Box 48, Brisbane QLD 4001

In order to process your application, your identity and details of what you are seeking will be provided to relevant areas with Queensland Health. If you do not wish for this to occur, you should contact us immediately.

Queensland Health acknowledges the Traditional Owners of the land, and pays respect to Elders past, present and future.

COVID-19
Our team has been implementing business continuity processes and increasingly officers will be working remotely. Accordingly, we suggest that you contact us via email. There is likely to be no access to the unit phone, nor the mailbag.
It should also be noted that as a Queensland Health employee we may be diverted from our usual duties to assist with emerging tasks, this may impact the timeliness of our responses, but we will endeavour to advise you of any delays with the appropriate extension provisions allowed by legislation.
During this unprecedented period, we do ask for your patience and ask that you continue to treat our employees respectfully.

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Scott, of the family Chapman

Department of Health
33 Charlotte Street
Brisbane Queensland
Australia

12 Jan 2021

Dear Kaurice

Thank you for your correspondence 12 January 2021, in response to a valid request for information issued in writing to the agency known as Queensland Health. I inform you that do not work for Queensland Health or any associated government entity. Relevantly, I am not aware that I have any obligations to Queensland Health and thus removing any presumptions you may have with respect to my status.

I note that my original valid information request (12 January 2021) relates specifically to your function of government. Therefore, I request that a waiver of all fees/charges is applied, as it is deemed necessary for such waivers to apply to all information that is a public interest matter. Relevantly, you are to acknowledge that this request relates specifically to the published advice (made available to the public) you have currently issued/advertised.

For clarity, I do not require any disclosure of personal privacy (such as names, addresses, telephone numbers, etc). I do not require any plans (building, planning), drawings, photographs, etc. Queensland Health to redact information (in part) as they feel their policy necessitates prior to presenting the required material requested. For ease, it will be acceptable for you to provide the information I requested in electronic form, should you choose.

To be clear, Queensland Health to state in writing if a waiver will not be applied to my valid written request issued 12 January 2021, otherwise, it will be presumed Queensland Health has waived any/all associated requested fees/charges and they will provide the specific information as I requested/require. Furthermore, I must insist that any/all of your responses are written in plain Standard English which must be clear, concise, and do not contain any ambiguity.
I look forward to receiving the information as I requested on 12 January 2021. Please make it known if you do not agree or understand with any of the above.

Many Thanks
Scott

PS, If you are requesting my services in the form of my energy, time, labour, etc. then I advise you that in my private capacity, my time is precious to me and I will need to charge you a modest fee for my time and labour incurred. Therefore I request that you please make it known if you are requesting me to fill out your paperwork for you and how you intend to reimburse me for my services, upon which a schedule of fees will be forwarded to you for your consideration. If you do not make any written request, then it would not be unreasonable to assume that any claimed paperwork is not required for requesting public interest information from the agency known as Queensland Health.

Scott, of the family Chapman

Dear Queensland Health,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Queensland Health's handling of my FOI request 'Provide the information Queensland Health holds or has access to.'.

I note that Queensland Health did not object to any assertions made in the previous notification issued to them. As such the wavier was applied to the written request made. Queensland Health did not inform me that they do not have enough information to fulfil the request requirements. Queensland Health did not inform me that they do not understand the request. Notably, the statutory period has expired and Queensland Health did not request an extension of time.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/p...

I look forward to receiving the information from you.

Many Thanks
Scott, of the family Chapman

Queensland Health

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Sent a follow up to Queensland Health again.

RTI-Privacy, Queensland Health

2 Attachments

Good morning Scott,

Thank you for your email.

Applications made via the Right to Know portal are not considered to be applications under the Right to Information Act 2009 (the RTI Act), either valid or purported. Therefore, your request for internal review is denied, as no reviewable decision has been made. In order for an application to be considered, it must be made directly to the applicable agency in the first instance. RTI Act applications must also be accompanied by an application fee. The Act does not allow for application fee waiver.

Should you submit your application via the Queensland Government portal at www.rti.qld.gov.au or complete the attached forms and return them to [email address] we will be in a position to consider your application.

Kind regards,

Privacy and Right to Information Unit
Risk, Assurance and Information Management Branch Corporate Services Division | Queensland Health
P 07 3082 0546 (x8546)
E [email address]
W health.qld.gov.au
A Level 6, 33 Charlotte St, Brisbane 4000

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Scott, of the family Chapman

Dear Queensland Health,

You assert that written requests issued to 'Queensland Health' using the "Right to Know portal are not considered to be applications under [your policy known as] the Right to Information Act 2009", however I note that you did not quote which valid or purported section of your policy allows you to dismiss the written request notice issued to you.

Since you did not provide the required material it is presumed that there is no such policy exemption and you are applying a discretion that is outside the delegation of your public duty. This could be a simple mistake on your behalf. Therefore I will allow you a further ten (10) days to provide you with an opportunity to cure all known defects.

Failure to respond will be assumed as your acknowledgment of the legitimacy of the original written request for information, of which I look forward to receiving the information from you in a timely manner.

Kind Regards
Scott, of the family Chapman

Scott, of the family Chapman

NOTICE OF DEFAULT

Department of Health
33 Charlotte Street
Brisbane Queensland
Australia

13 July 2021

Dear Kaurice

I write to you again due to Queensland Health's failure to respond when it is reasonable for a response to be provided since the agency (Queensland Health) has a duty to respond. Notably, you did not provide a relevant section of your policy that allows you to ignore a formal written request for information issued to you. Therefore I acknowledge that the agency representatives are operating outside the ambit of the agency's delegated authority. As such your dishonour requires the agency to provide the originally requested information.

I acknowledge this information request is directly associated with the duties/functions of a government agency, which satisfies the compelling public interest test.

Yours sincerely,
Scott, of the family Chapman, in Sui Juris capacity.

RTI-Privacy, Queensland Health

Good morning Scott,

Thank you for your further email. As outlined previously, no further action can be taken regarding your requests until such time as you submit a formal application under RTI legislation.

Kind regards,

Privacy and Right to Information Unit
Risk, Assurance and Information Management Branch Corporate Services Division | Queensland Health P 07 3082 0546 (x8546) E [email address] W health.qld.gov.au A Level 6, 33 Charlotte St, Brisbane 4000

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Scott, of the family Chapman

Department of Health
33 Charlotte Street
Brisbane Queensland
Australia

19 July 2021

Re, Notice of Acceptance

Dear Kaurice

Thank you for your response 15 July 2021, and for providing your agreement that there is no defect in the process that lead to the accord and satisfaction of the determination of the facts, with respect to the request for information brought to your attention.

ACKNOWLEDGEMENT IS HEREBY GIVEN confirming that, Kaurice acting as a representative for the agency has agreed there is no such defect.

You have been noticed that one does not work for you and therefore your internal regulatory policies do not have effect. As you should be aware, your policy is for public representatives only and not private citizens. However, if you do not agree, please clearly articulate how your policy regulates private people. Relevantly, it is presumed that you (Department of Health, Queensland) are in full unconditional agreement with the stipulated facts of the matter.

[1] One, Scott Chapman notified you (Department of Health, Queensland) with a written request for information on 12 Jan 2021.
[2] It is agreed that you (Department of Health, Queensland) provided your acknowledgement upon receiving that written request.
[3] It is understood that you (Department of Health, Queensland) concede that your policy does not exempt the written information request that was issued/offered to you for your consideration.
[4] There is no compelling reason for you (Department of Health, Queensland) to withhold the information requested when that material is directly associated with the duties/functions of government.
[5] This matter is regarded as a public interest matter and you (Department of Health, Queensland) did not provide any material to contest this fact.
[6] You (Department of Health, Queensland) were issued with a Notice of non-response and afforded an opportunity to cure any known defects.
[7] A Failure to respond, Notice of Default was issued to you due to your current dishonour.

Please provide the Bond number and the name of the responsible person who refused this request for information i.e. the person representing the "Privacy and Right to Information Unit", Risk, Assurance and Information Management Branch Corporate Services Division, Queensland Health. As there are grounds to file a claim against you (Department of Health, Queensland) for demonstrated dishonour.

Failure to provide the responsible person will be viewed that there is no person from Department of Health, Queensland who refused this request. Therefore, the Department of Health, Queensland will forward the originally requested information in a prompt manner.

Kind Regards,
Scott, of the family Chapman, in Sui Juris capacity.