Senate Estimate Preparatory/Reference Briefs/Documents

Julie made this Freedom of Information request to Australian Digital Health Agency

Response to this request is delayed. By law, Australian Digital Health Agency should normally have responded promptly and by (details)

From: Julie

Delivered

Dear Australian Digital Health Agency,

In SoR issued 1 November 2018, for Application Number 1810003, the Australian Digital Heath Agency (ADHA) referred to, and extracted some points from, briefs/documents prepared for ADHA’s representatives to use at the recent Senate Estimates hearings.

I request, under FOI, copy of these briefs. While some of the contents would have been repeated by those subject to questioning by the Senate Estimates Committee, not everything briefed on gets said, as it is decided by what the Committee members ask, not what those being questioned wish for.

I note that as briefing material for Senate Estimates is all prepared on the basis it may be stated during these public proceedings, clearance for FOI release should be reasonably straightforward, and given the recency of Senate Estimates, should be able to be quickly located.

Yours faithfully,

Julie

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From: Kylee Paulissen
Australian Digital Health Agency

OFFICIAL

 

Julie

Via Right to Know

 

 

Freedom of information Request 1811002

 

This email is to say that we have received in this office on 9 October
2018 your application for access to Australian Digital Health Agency
information from a recent Senate Estimates hearing under the Freedom of
Information Act 1982.

 

We will contact you again to formally acknowledge your application and, if
necessary, clarify your application; advise if charges are applicable; or,
whether there is a need to consult with third parties.

 

In the meantime if you have any questions, please email us at
[1][email address].

 

 

Regards

FOI Team

 

Kylee 
Support Officer, Governance, Security and Secretariat Services 
Office of the Chief Operating Officer

Australian Digital Health Agency 
Scarborough House, Level 7, 1 Atlantic Street, Woden ACT 2606

   
Email [2][ADHA request email]
Web [3]www.digitalhealth.gov.au

The Australian Digital Health Agency acknowledges the traditional owners
of country throughout Australia, and their continuing connection to land,
sea and community. We pay our respects to them and their cultures, and to
Elders both past and present.

 

 

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From: Kylee Paulissen
Australian Digital Health Agency

Kylee Paulissen would like to recall the message, "FOI.1811002 - Julie - Receipt Notification [SEC=OFFICIAL]".
Important: This transmission is intended only for the use of the addressee and may contain confidential or legally privileged information. If you are not the intended recipient, you are notified that any use or dissemination of this communication is strictly prohibited. If you receive this transmission in error please notify the author immediately and delete all copies of this transmission.

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From: FOI
Australian Digital Health Agency

OFFICIAL

 

Dear Julie

 

Freedom of Information Request no. 1811002 Acknowledgement

 

I refer to your request for access to documents relating to Australian
Digital Health Agency Senate Estimates Briefing notes under the Freedom of
Information Act 1982. Request no. 1811002 has been assigned to your
request.  Please quote Request no. 1811002 in all future correspondence on
the request.

 

Your request was as follows:

‘In SoR issued 1 November 2018, for Application Number 1810003, the
Australian Digital Heath Agency (ADHA) referred to, and extracted some
points from, briefs/documents prepared for ADHA’s representatives to use
at the recent Senate Estimates hearings.

I request, under FOI, copy of these briefs. While some of the contents
would have been repeated by those subject to questioning by the Senate
Estimates Committee, not everything briefed on gets said, as it is decided
by what the Committee members ask, not what those being questioned wish
for.

I note that as briefing material for Senate Estimates is all prepared on
the basis it may be stated during these public proceedings, clearance for
FOI release should be reasonably straightforward, and given the recency of
Senate Estimates, should be able to be quickly located.’

 

I have taken your request to be for:

 

‘Australian Digital Health Agency Senate Estimates Briefs documents
prepared for the Agency’s appearance at the Senate Supplementary Budget
Estimates Hearing, Senate Community Affairs Legislation Committee,
Wednesday 24 October 2018’

 

We received your request on 8 November 2018 and the 30 day statutory
period for processing your request commenced from the day after that date.
You should therefore expect a decision from us by 9 December 2018. The
period of 30 days may be extended if we need to consult third parties,
impose a charge or for other reasons. We will advise you if this happens.

 

Please note that information released under the FOI Act may later be
published online on our  [1]disclosure log , subject to certain
exceptions.

We will contact you using the right-to-know website address
[2][FOI #4942 email] you provided. Please
advise if you would prefer us to use an alternative means of contact. If
you have any questions, please contact the Agency’s FOI unit as follows:

 

              Email:   [3][email address]
              Phone:  (02) 6223 0780

 

Kind regards

 

 

Noel Riley
Director, Governance Services
Office of the Chief Operating Officer
Australian Digital Health Agency

 

Important: This transmission is intended only for the use of the addressee
and may contain confidential or legally privileged information. If you are
not the intended recipient, you are notified that any use or dissemination
of this communication is strictly prohibited. If you receive this
transmission in error please notify the author immediately and delete all
copies of this transmission.

References

Visible links
1. https://www.digitalhealth.gov.au/about-t...
2. mailto:[FOI #4942 email]
3. mailto:[email address]

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From: FOI
Australian Digital Health Agency


Attachment FOI.1811002 Julie SIGNED Charges Letter.pdf
726K Download View as HTML


OFFICIAL
Dear Julie

Good afternoon. Please see your attached charges letter.

Regards
FOI TEAM
Governance, Security and Secretariat Services – Office of the Chief Operating Officer
Phone: +61 2 6223 0725 Email: [email address] Web: www.digitalhealth.gov.au

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From: Julie

Delivered

Dear Australian Digital Health Agency,

I contest that the charges are not properly calculated, on two grounds:

Firstly, the time for reading and assessment (in excess of 11 hours) is excessive for a 76 page document and exceeds the threshold set by the Information Commissioner in IC Reviews. which states that delegates would not realistically take more than 5 minutes per page even for quite complex documents, and it is expected that (as decided in previous IC review decisions) such work is more likely to gravitate towards 30 seconds per page, than this upper threshold.

The FOI Guidelines explain that the decision to impose a charge is discretionary. A charge should be accurate, should fairly reflect the work involved in providing access to documents on request and must not be used to unnecessarily delay access or discourage an applicant from exercising the right of access conferred by the FOI Act.

The FOI Guidelines further explain that in exercising the discretion to impose a charge, an agency should take into account the ‘lowest reasonable cost objective’ in s 3(4) of the FOI Act, which provides that ‘functions and powers given by this Act are to be performed and exercised, as far as possible, to facilitate and promote public access to information, promptly and at the lowest reasonable cost’. The FOI Guidelines relevantly state:

Agencies and ministers should interpret the ‘lowest reasonable cost’ objective broadly in imposing any charges under the FOI Act. That is, an agency or minister should have regard to the lowest reasonable cost to the applicant, to the agency or minister, and the Commonwealth as a whole. Where the cost of calculating and collecting a charge might exceed the cost to the agencies to process the request, it would generally be more appropriate not to impose a charge...

The second ground is that, if adjusted for even the upper threshold limit, which applies to quite complex documents (not estimates briefs, which are just talking points), the adjusted cost would not exceed the costs to process such charges (including the transactional costs to collect them). The Information Commissioner has previously determined the costs under $100 are generally uneconomical to collect, especially if the agency has caused delays due to seeking to disrupt FOIs through the use of excessive charges.

It simply does not take over 5 minutes to read a senate estimates brief page, which is generally double spaced for readability and often fairly sparse on the page.

Yours sincerely,

Julie

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From: FOI
Australian Digital Health Agency


Attachment FOI.1811002 Julie Letter regarding charges.pdf
187K Download View as HTML


Dear Julie,

 

Good morning. Please see the attached letter from the Australian Digital
Health Agency.

 

Regards,

 

FOI Team
FOI Officer, Governance, Security and Secretariat Services 
Office of the Chief Operating Officer

Australian Digital Health Agency 
Scarborough House, Level 6, 1 Atlantic Street, Woden ACT 2606

Phone [1]+61 2 6223 0750
Email [2][email address]
Web [3]www.digitalhealth.gov.au

The Australian Digital Health Agency acknowledges the traditional owners
of country throughout Australia, and their continuing connection to land,
sea and community. We pay our respects to them and their cultures, and to
Elders both past and present.

 

Important: This transmission is intended only for the use of the addressee
and may contain confidential or legally privileged information. If you are
not the intended recipient, you are notified that any use or dissemination
of this communication is strictly prohibited. If you receive this
transmission in error please notify the author immediately and delete all
copies of this transmission.

References

Visible links
1. file:///tmp/tel:+61262230750
2. mailto:[email address]
3. https://www.digitalhealth.gov.au/

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