Request in relation to Public Health Orders for COVID-19

Response to this request is long overdue. By law, under all circumstances, NSW Ministry of Health should have responded by now (details). You can complain by requesting an internal review.

TO: NSW Ministry of Health
ATT: Hon. Brad Hazzard
RE: Request under the Freedom of Information Act 1982 (Cth)

5 August 2021

Dear Mr. Hazzard,

I refer to your recent Public Health Orders.

Can you please kindly provide documented evidence to support your Public Health Orders as follows:
1. Scientific proof that the SARS-COV-02 virus has been Isolated; and
2. Scientific proof that the ‘Delta’ variant has been isolated.

Please exclude any reference to Antigen Tests or PCR-Tests.

Yours faithfully,

Tony B

Thank you for contacting the Ministry of Health GIPA inbox. This email
address is for GIPA Act (Government Information Public Access Act) related
enquiries only.

 

* For information related to COVID-19 please see NSW Health’s updated
advice and information on our [1]web page.  This includes the latest
updates, FAQs and a range of information for health professionals, as
well as a link to the NSW Government – Coronavirus (COVID-19) webpage
that provides advice and information for community and businesses,
including information about COVID-19 symptoms, testing and social
distancing.

 

* For information relating to your health or medical records, please
contact the [2]Local Health District or health service where you or
your family received care.

 

* For all non- GIPA Act related enquiries, or if you would like to
provide feedback please refer to the NSW Health feedback page:
[3]https://www.health.nsw.gov.au/pages/feed...

 

For all GIPA related enquiries, we will attend to your message as soon as
possible.

 

 

Thank you

NSW Ministry of Health GIPA team

This message is intended for the addressee named and may contain
confidential information. If you are not the intended recipient, please
delete it and notify the sender.

Views expressed in this message are those of the individual sender, and
are not necessarily the views of NSW Health or any of its entities.

References

Visible links
1. https://www.health.nsw.gov.au/Infectious...
2. https://www.health.nsw.gov.au/lhd/Pages/...
3. https://www.health.nsw.gov.au/pages/feed...

1 Attachment

Dear Tony

Thank you for your email.

NSW Health publishes a vast amount of information publicly daily regarding the COVID-19 virus. Please find below some resources that may be of assistance regarding SARS-COV-2 testing, and COVID-19 in general.

Publicly available information (please note that this list is not an exhaustive list):
https://www.nsw.gov.au/covid-19
https://www.pathology.health.nsw.gov.au/...
https://www.health.nsw.gov.au/Infectious...

In addition, the following information may also be of interest to you:

Daily media releases and weekly epidemiology reports: https://www.health.nsw.gov.au/Infectious...
Public Health Laboratory Network’s testing guidance: https://www.health.gov.au/resources/publ...

Additional information is also held on the Commonwealth Department of Health website, including: https://www.health.gov.au/news/health-al...

Formal GIPA Applications

Following your review of the publicly available information, if you wish to seek other information regarding SARS-COV-2 testing or COVID-19, a formal application will be required under the GIPA Act. Please note that all formal GIPA applications in NSW require the $30 application fee to be required valid under the GIPA Act. The cost for processing is then $30 per hour for non-personal requests.

If you wish to submit an application, please complete the attached GIPA application form and submit it with payment for the $30 GIPA application fee. If you are paying online please ensure you choose a payment under the Government Information Public Access Act, and send us a copy of the receipt as proof of payment.

If you are not able to complete the form online, you can print it out and take a photo of the forms and attach them to your email. Alternatively, you may wish to put your application in a letter providing the information requested in the application form. Please ensure your letter is signed and clearly states that the application you are making is under the appropriate legislation, the Government Information Public Access Act 2009.

Please also be aware that the GIPA Act is not designed to answer questions. Requests must be for information held within documents at the NSW Ministry of Health, and should be specific and not broad in nature. This is to ensure the searches do not unnecessarily divert our resources from their core functions. Once your application is registered, it will be reviewed and you will be contacted whether processing fees or a refinement of scope is required.

Kind regards

Thanks
MoH GIPA Team

Ministry of Health GIPA Team

Corporate Governance and Risk Management | Legal and Regulatory Services
NSW Ministry of Health | 1 Reserve Road, St Leonards, New South Wales 2065
[email address]
www.health.nsw.gov.au

show quoted sections

Dear MOH-GIPA,

Thank you for your correspondence.

I have emailed my Application Form and Payment Receipt.

Please note that I have refined my request for information as follows:
1. One white paper describing the isolation of the COVID-19 aka SARS-CoV-02 virus in human beings, directly from a sample taken from a diseased patient in New South Wales, Australia.
2. One white paper describing the isolation of the COVID-19 aka SARS-CoV-02, ‘Delta Variant’ virus in human beings, directly from a sample taken from a diseased patient in New South Wales, Australia.
3. Please exclude any identifiable patient information due to privacy laws.
4. Please exclude all antigen tests and RT-PCR Tests, which are based on sequencing from other jurisdictions.

Yours sincerely,

Tony B

Dear MOH-GIPA,

I hope you are well.

This is a gentle reminder to kindly provide documents as requested or an official letter stating you have no documents in your possession.

Yours sincerely,

Tony B

Thank you for contacting the Ministry of Health GIPA inbox. This email
address is for GIPA Act (Government Information Public Access Act) related
enquiries only.

 

* For information related to COVID-19 please see NSW Health’s updated
advice and information on our [1]web page.  This includes the latest
updates, FAQs and a range of information for health professionals, as
well as a link to the NSW Government – Coronavirus (COVID-19) webpage
that provides advice and information for community and businesses,
including information about COVID-19 symptoms, testing and social
distancing.

 

* For information relating to your health or medical records, please
contact the [2]Local Health District or health service where you or
your family received care.

 

* For all non- GIPA Act related enquiries, or if you would like to
provide feedback please refer to the NSW Health feedback page:
[3]https://www.health.nsw.gov.au/pages/feed...

 

For all GIPA related enquiries, we will attend to your message as soon as
possible.

 

 

Thank you

NSW Ministry of Health GIPA team

This message is intended for the addressee named and may contain
confidential information. If you are not the intended recipient, please
delete it and notify the sender.

Views expressed in this message are those of the individual sender, and
are not necessarily the views of NSW Health or any of its entities.

References

Visible links
1. https://www.health.nsw.gov.au/Infectious...
2. https://www.health.nsw.gov.au/lhd/Pages/...
3. https://www.health.nsw.gov.au/pages/feed...

Dear Tony

Just to let you know we sent you correspondence this morning regarding your application.

Thanks
MoH GIPA Team

Ministry of Health GIPA Team

Corporate Governance and Risk Management | Legal and Regulatory Services
NSW Ministry of Health | 1 Reserve Road, St Leonards, New South Wales 2065
[email address]
www.health.nsw.gov.au

show quoted sections

Dear MOH-GIPA,

Thank you for your correspondence dated 6 September 2021.

Your letter refers to ‘peer-reviewed reports’ so I can therefore assume that this terminology is an acceptable, identifiable document type.

My updated request is as follows:
1. Any peer-reviewed report describing the isolation of the COVID-19 aka SARS-COV-02 virus from human beings directly from a sample taken from a diseased patient in New South Wales, Australia.
2. Any peer-reviewed report describing the isolation of the COVID-19 aka SARS-COV-02, Delta Variant virus in human beings, directly from a sample taken from a diseased patient in New South Wales, Australia.
3. Please exclude any identification patient information due to privacy laws.
4. Please exclude peer-reviewed reports that include antigen tests and RT-PCR tests, which are based on sequencing from other jurisdictions.
5. From January 2020 to present day and based on NSW patients only.

Yours sincerely,

Tony B

Dear MOH-GIPA,

I trust you are well.

This is a gentle reminder to kindly provide the documents requested or provide a letter confirming that you do not hold documents.

Yours sincerely,

Tony B

Thank you for contacting the Ministry of Health GIPA inbox. This email
address is for GIPA Act (Government Information Public Access Act) related
enquiries only.

 

* For information related to COVID-19 please see NSW Health’s updated
advice and information on our [1]web page.  This includes the latest
updates, FAQs and a range of information for health professionals, as
well as a link to the NSW Government – Coronavirus (COVID-19) webpage
that provides advice and information for community and businesses,
including information about COVID-19 symptoms, testing and social
distancing.

 

* For information relating to your health or medical records, please
contact the [2]Local Health District or health service where you or
your family received care.

 

* For all non- GIPA Act related enquiries, or if you would like to
provide feedback please refer to the NSW Health feedback page:
[3]https://www.health.nsw.gov.au/pages/feed...

 

For all GIPA related enquiries, we will attend to your message as soon as
possible.

 

 

Thank you

NSW Ministry of Health GIPA team

This message is intended for the addressee named and may contain
confidential information. If you are not the intended recipient, please
delete it and notify the sender.

Views expressed in this message are those of the individual sender, and
are not necessarily the views of NSW Health or any of its entities.

References

Visible links
1. https://www.health.nsw.gov.au/Infectious...
2. https://www.health.nsw.gov.au/lhd/Pages/...
3. https://www.health.nsw.gov.au/pages/feed...

1 Attachment

Hi Tony

An email regarding your request was sent on the 11 August, please see below correspondence.

Thanks
MoH GIPA Team

Ministry of Health GIPA Team

Corporate Governance and Risk Management | Legal and Regulatory Services
NSW Ministry of Health | 1 Reserve Road, St Leonards, New South Wales 2065
[email address]
www.health.nsw.gov.au

show quoted sections

Dear MOH-GIPA,

I trust yo are well.

I confirmed that I received a letter from MOH-GIPA, dated 6 September 2021 that says that my request was invalid. I responded to this letter on 6 September 2021 and changed the terminology of my request. I have not yet received a formal letter in response.

Kindly provide information requested or a letter confirming that you hold no documentation in relation to the request.

Please take this as notice for an internal review request.

Yours sincerely,

Tony B

Dear Mr Barbone

I refer to your revised access application dated 6 September 2021, under the Government Information Public Access Act 2009 (GIPA Act) for the following information:

1. Any peer-reviewed report describing the isolation of the COVID-19 aka SARS-COV-02 virus from human beings directly from a sample taken from a diseased patient in New South Wales, Australia.
2. Any peer-reviewed report describing the isolation of the COVID-19 aka SARS-COV-02, Delta Variant virus in human beings, directly from a sample taken from a diseased patient in New South Wales, Australia.
3. Please exclude any identification patient information due to privacy laws.
4. Please exclude peer-reviewed reports that include antigen tests and RT-PCR tests, which are based on sequencing from other jurisdictions.
5. From January 2020 to present day and based on NSW patients only.

Your application and online payment for the $30 application fee was registered as being valid under the GIPA Act on 13 September 2021. Your application is currently under consideration, and currently has a decision date of 6 October 2021.

If you have any questions please contact us at [email address]

Thanks
MoH GIPA Team

Ministry of Health GIPA Team

Corporate Governance and Risk Management | Legal and Regulatory Services NSW Ministry of Health | 1 Reserve Road, St Leonards, New South Wales 2065 [email address] www.health.nsw.gov.au

show quoted sections

Dear MOH-GIPA,

This is a gentle reminder that you have stated a decision date of 6 October 2021. Kindly provide a response.

Yours sincerely,

Tony

Thank you for contacting the Ministry of Health GIPA inbox. This email
address is for GIPA Act (Government Information Public Access Act) related
enquiries only.

 

* For information related to COVID-19 please see NSW Health’s updated
advice and information on our [1]web page.  This includes the latest
updates, FAQs and a range of information for health professionals, as
well as a link to the NSW Government – Coronavirus (COVID-19) webpage
that provides advice and information for community and businesses,
including information about COVID-19 symptoms, testing and social
distancing.

 

* For information relating to your health or medical records, please
contact the [2]Local Health District or health service where you or
your family received care.

 

* For all non- GIPA Act related enquiries, or if you would like to
provide feedback please refer to the NSW Health feedback page:
[3]https://www.health.nsw.gov.au/pages/feed...

 

For all GIPA related enquiries, we will attend to your message as soon as
possible.

 

 

Thank you

NSW Ministry of Health GIPA team

This message is intended for the addressee named and may contain
confidential information. If you are not the intended recipient, please
delete it and notify the sender.

Views expressed in this message are those of the individual sender, and
are not necessarily the views of NSW Health or any of its entities.

References

Visible links
1. https://www.health.nsw.gov.au/Infectious...
2. https://www.health.nsw.gov.au/lhd/Pages/...
3. https://www.health.nsw.gov.au/pages/feed...