Annual Report - 4.6 Freedom of Information

Table of contents

Part 3: Management Arrangements

Part 4: Accountability Reporting

You may download this section of the document in PDF format:

PDF printable version of 4.6 Freedom of Information (PDF 56 KB)

The Department is required under Section 8 of the Freedom of Information Act 1982 to publish in its Annual Report information about functions and its decision-making powers that affect the public. The Department is also required to comment on arrangements for public participation in the formulation of policy, the categories of documents that are held by the Department, and how these documents can be accessed by the public. Discussion of the Department’s functions can be found in Part 2: Performance Reporting.

Decision-making Powers

In 2008–09, Ministers and/or departmental officers exercised decision-making powers under the following Acts, or parts of Acts:

Aged or Disabled Persons Care Act 1954;
Aged Care Act 1997;
Aged Care (Bond Security) Act 2006;
Aged Care (Bond Security) Levy Act 2006;
Aged Care (Consequential Provisions) Act 1997;
Australian Hearing Services Act 1991, subsections 8(4) to 8(8) inclusive;
Australian Institute of Health and Welfare Act 1987;
Australian Organ and Tissue Donation and Transplantation Authority Act 2008;
Australian Radiation Protection and Nuclear Safety Act 1998;
Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998;
Australian Sports Anti-Doping Authority Act 2006;
Australian Sports Anti-Doping Authority (Consequential and Transitional Provisions) Act 2006;
Australian Sports Commission Act 1989;
Cancer Australia Act 2006;
Commonwealth Serum Laboratories Act 1961;
Delivered Meals Subsidy Act 1970;
Dental Benefits Act 2008;
Epidemiological Studies (Confidentiality) Act 1981;
Food Standards Australia New Zealand Act 1991;
Gene Technology Act 2000;
Gene Technology (Licence Charges) Act 2000;
Health and Other Services (Compensation) Act 1995;
Health and Other Services (Compensation) Care Charges Act 1995;
Health Care (Appropriation) Act 1998;
Health Insurance Act 1973;
Health Insurance Commission (Reform and Separation of Functions) Act 1997;
Health Insurance (Pathology) (Fees) Act 1991;
Hearing Services Administration Act 1997;
Hearing Services and AGHS Reform Act 1997;
Home and Community Care Act 1985;
Home Nursing Subsidy Act 1956;
Industrial Chemicals (Notification and Assessment) Act 1989;
Industrial Chemicals (Registration Charge – Customs) Act 1997;
Industrial Chemicals (Registration Charge – Excise) Act 1997;
Industrial Chemicals (Registration Charge – General) Act 1997;
Medical Indemnity Act 2002;
Medical Indemnity (Competitive Advantage Payment) Act 2005;
Medical Indemnity (Prudential Supervision and Product Standards) Act 2003, Part 3, Division 2A;
Medical Indemnity (Run-off Cover Support Payment) Act 2004;
Medical Indemnity (UMP Support Payment) Act 2002;
Medical Indemnity Agreement (Financial Assistance – Binding Commonwealth Obligations) Act 2002;
Narcotic Drugs Act 1967, sections 9, 10, 11, 13, 19 and 23 and subsection 24(1), and so much of the remaining provisions of the Act (other than sections 12 and 22 and subsection 24(2)) as relates to powers and functions under those sections;
National Blood Authority Act 2003;
National Health Act 1953;
National Health and Medical Research Council Act 1992;
National Health Security Act 2007;
Nursing Home Charge (Imposition) Act 1994;
Nursing Homes Assistance Act 1974;
Private Health Insurance Act 2007;
Private Health Insurance (Collapsed Insurer Levy) Act 2003;
Private Health Insurance Complaints Levy Act 1995;
Private Health Insurance (Council Administration Levy) Act 2003;
Private Health Insurance (Prostheses Application and Listing Fees) Act 2007;
Private Health Insurance (Risk Equalisation Levy) Act 2003;
Private Health Insurance (Transitional Provisions and Consequential Amendments) Act 2007;
Prohibition of Human Cloning for Reproduction Act 2002;
Research Involving Human Embryos Act 2002;
Quarantine Act 1908, in relation to human quarantine;
Quarantine (Validation of Fees) Act 1985, in relation to human quarantine;
States Grants (Home Care) Act 1969;
States Grants (Nurse Education Transfer Assistance) Act 1985;
States Grants (Paramedical Services) Act 1969;
Therapeutic Goods Act 1989;
Therapeutic Goods (Charges) Act 1989;
Tobacco Advertising Prohibition Act 1992; and
World Health Organization Act 1947.

Top of page

Requests for Access to Portfolio Authorities’ Documents Processed by the Department

For the purposes of the administration of the Freedom of Information Act 1982, the Department was responsible in 2008–09 for processing requests for access to documents of the following prescribed authorities:

Advisory Panel on the Marketing in Australia of Infant Formula;
Aged Care Funding Instrument Reference Group;
Ageing Consultative Committee;
Australia and New Zealand Food Regulation Ministerial Council;
Australian Commission on Safety and Quality in Health Care;
Australian Community Pharmacy Authority;
Australian Drug Evaluation Committee;
Australian National Council on Drugs;
Australian Population Health Development Principal Committee;
Complaints Resolution Panel;
Complementary Medicines Evaluation Committee;
Gene Technology Ministerial Council;
Hearing Services Consultative Committee;
Intergovernmental Committee on Drugs;
Medical Device Evaluation Committee;
Medical Services Advisory Committee;
Medicare Participation Review Committee;
Medicines Evaluation Committee;
Minister for Ageing;
Minister for Health and Ageing;
Minister for Indigenous Health, Rural and Regional Health and Regional Services Delivery (from 6 June 2009);
Minister for Sport;
Ministerial Advisory Committee on AIDS, Sexual Health and Hepatitis;
Ministerial Council on Drug Strategy;
National Drugs and Poisons Schedule Committee;
National E-Health Transition Authority;
National Pathology Accreditation Advisory Council;
Nuclear Safety Committee;
Parliamentary Secretary to the Minister for Health and Ageing;
Pathology Consultative Committee;
Pathology Services Table Committee;
Pharmaceutical Benefits Advisory Committee;
Pharmaceutical Benefits Pricing Authority;
Pharmaceutical Benefits Remuneration Tribunal;
Professional Services Review;
Prostheses and Devices Committee;
Quality Use of Pathology Committee;
Radiation Oncology Reform Implementation Committee;
Sport and Recreation Ministers’ Council;
Therapeutic Goods Advertising Code Council; and
Therapeutic Goods Committee.

Top of page

Portfolio Authorities that Produce an Annual Report

The following authorities within the Health and Ageing portfolio publish their own annual report and are therefore not covered by this statement:

Aged Care Commissioner;
Aged Care Standards and Accreditation Agency Ltd;
Australian Institute of Health and Welfare;
Australian Organ and Tissue Donation and Transplantation Authority;
Australian Radiation Protection and Nuclear Safety Agency;
Australian Sports Anti-Doping Authority;
Australian Sports Commission;
Cancer Australia;
Food Standards Australia New Zealand;
Gene Technology Regulator;
General Practice Education and Training Ltd;
National Blood Authority;
National Breast and Ovarian Cancer Centre;
National Health and Medical Research Council;
Director – National Industrial Chemicals Notification and Assessment Scheme;
Private Health Insurance Administration Council;
Private Health Insurance Ombudsman; and
Professional Services Review.

Contact details for these authorities can be found in the Section 8 Statement contained in each authority’s annual report.

Authorised Freedom of Information Decision Makers

Authority to provide access to documents under the Freedom of Information Act 1982 was held widely throughout the Department during 2008–09, primarily at Assistant Secretary (Senior Executive Service) and Director (Executive Level 2) levels. Generally, occupants of positions classified as Senior Executive Service could authorize and refuse access to documents and make other decisions, such as imposing and remitting charges.

Arrangements for Bodies or Persons Outside the Commonwealth to Participate in Policy Formulation, or the Administration by the Department, of Any Enactment or Scheme

The Department welcomes views and comments from members of the public and bodies outside the Commonwealth on its policy formulation and administration of portfolio legislation. During 2008–09, the Department widely encouraged public consultation and consumer and stakeholder participation in policy formulation at varying levels, across a range of areas of policy. Consultation was undertaken in accordance with best practice regulation requirements. Further information regarding consultation arrangements can be obtained from the Department’s annual regulatory plan available at www.health.gov.au, and from the Business Consultation website accessible at www.consultation.business.gov.au.
Top of page

Categories of Documents Maintained by the Department

The Department maintains records relating to the functions of the Health and Ageing portfolio in various forms and locations. Records are retained for varying periods, depending on their administrative and historical value; and are disposed of in accordance with standards and practices approved by the National Archives of Australia. The following categories of documents were common throughout the Department and its portfolio agencies in 2008–09 (unless specified otherwise):

briefing papers and minutes prepared for the Ministers, the Parliamentary Secretary and senior departmental officers;
Cabinet documents, including Cabinet submissions/memoranda and documents submitted to Cabinet;
documents prepared for the Executive Council;
documents relating to the development of, and explanatory memoranda to Acts, Regulations and other legislative instruments;
internal administration documents relating to staff management and the Department’s organisation and operation, including: personnel records; organisational and staffing records; financial and resource management records; audit records; internal operating procedures; Requests for Tender; instructions and indexes;
instruments of appointment;
ministerial and departmental responses to correspondence and parliamentary questions;
inter-departmental and general correspondence and papers;
policy documents, including those used in the development and implementation of government and departmental policy, recommendations and decisions;
working papers covering functions and issues handled by the Department, including program fund and grant administration and planning documents;
documents relating to complaints about Commonwealth-funded services;
agreements, Memoranda of Understanding and contracts between the Commonwealth, State and Territory Governments and other bodies and organisations;
legal documents, including legislation, contracts, leases, instruments of delegation, legal advices and court documents;
requests for information under the Freedom of Information Act 1982 and files and papers relevant to the consideration of those requests;
standard operating procedures and fact sheets;
correspondence with non-government parties;
records of meetings and teleconferences both internal to the Department and with external stakeholders, including agendas and minutes;
financial reports, expenditure estimates and expenditure reports;
maps, charts, photographs, technical drawings, specifications and technical manuals;
statistics and databases;
documents prepared by international agencies;
reports prepared by other government agencies and consultants relevant to the Department;
international agreements, Memoranda of Understanding and treaties;
documents submitted by third parties;
departmental publications and occasional papers;
training materials;
media releases;
committee records; and
mailing lists.

In addition, a large number of departmental publications were available free of charge to the public. A list of these publications can be accessed at www.health.gov.au, where many are available for download.

Facilities Provided by the Department for Enabling the Public to Obtain Physical Access to the Department’s Documents

Facilities for inspecting documents under the Freedom of Information Act 1982 continued to be provided by the Department in each State and Territory and Central office.

Departmental Manuals

In accordance with Section 9 of the Freedom of Information Act 1982, the Department has compiled a list of unpublished manuals and other documents provided to officers to assist in making decisions or recommendations that affect the public. The list, as at July 2006, is available on request from the Freedom of Information Coordinator or any office of the National Archives of Australia.

Freedom of Information Procedures and Departmental Contact Details

A request for access to documents under the Freedom of Information Act 1982 must be made in writing and accompanied with a $30 application fee and an address in Australia to which notices can be sent. In certain circumstances the fee is not required or can be remitted. To enable a prompt response and to help the Department to meet its obligations under the Freedom of Information Act 1982, applicants should provide as much information as possible about the documents they are seeking. A telephone number or an email address should also be included in case departmental officers need any clarification. Applicants may be liable to pay charges at rates prescribed by the Freedom of Information (Fees and Charges) Regulations.

Top of page

Freedom of Information Contact Details

Enquiries regarding submission of a formal request under the Freedom of Information Act 1982 should be directed to the Department’s Freedom of Information Coordinator or State/Territory Office Freedom of Information Contact Officers:

Freedom of Information Coordinator (Central Office) (02) 6289 1666
New South Wales (02) 9263 3943
Victoria (03) 9665 8872
Queensland (07) 3360 2603
South Australia (08) 8237 8025
Western Australia (08) 9346 5400
Tasmania (03) 6221 1475
Northern Territory (08) 8919 3450 or (08) 8919 3409
Australian Capital Territory (02) 6289 3353

Requests should be sent to the appropriate office of the Department at the following address:

Department of Health and Ageing
GPO Box 9848
Capital City

In accordance with the Electronic Transactions Act 1999, Freedom of Information requests may be emailed to FOI@health.gov.au.

However, as a request must be accompanied by an application fee, in most cases no action will be taken until the application fee is received or a request has been made for the remission of the application fee.

Departmental Freedom of Information Statistics

Table 4.6.1: Requests for Access under the Freedom of Information Act 1982 in 2008–09

Matters On-hand (Start 2008–09)	Requests Received (2008–09)	Requests Finalised (2008–09)	Requests Outstanding (End 2008–09)
29*	229	204	54

*This figure was incorrectly recorded as 39 in the 2007–08 Department of Health and Ageing Annual Report.
Top of page

Table 4.6.2: Freedom of Information Internal Review Matters

Matters On-hand (Start 2008–09)	Requests Received (2008–09)	Requests Finalised (2008–09)	Decision Reviews (End 2008–09)	Outstanding
1	18	14	7 affirmed. 6 greater access given. 1 less access given.	5

Table 4.6.3: Freedom of Information Administrative Appeals Tribunal Matters

Matters On-hand (Start 2008–09)	Requests Received (2008–09)	Requests Finalised (2008–09)	Decision Appeals Outstanding (End 2008–09)
1	3	1 affirmed. 1 greater access given.	2

Top of page

| TOC | next page

Help with accessing large documents

When accessing large documents (over 500 KB in size), it is recommended that the following procedure be used:

Click the link with the RIGHT mouse button
Choose "Save Target As.../Save Link As..." depending on your browser
Select an appropriate folder on a local drive to place the downloaded file

Attempting to open large documents within the browser window (by left-clicking) may inhibit your ability to continue browsing while the document is opening and/or lead to system problems.

Help with accessing PDF documents

To view PDF (Portable Document Format) documents, you will need to have a PDF reader installed on your computer. A number of PDF readers are available through the Australian Government Information Management Office (AGIMO) Web Guide website.