Part 4.6: Freedom of Information

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 at Part 2: Performance Reporting.

The Department’s Decision-Making Powers

Certain officers exercise decision-making powers and advise the ministers on the exercise of their powers under portfolio legislation and other matters. These responsibilities are as set out in the Administrative Arrangements Orders for the Commonwealth of Australia and relate to:

services for older Australians, including carers;
policy for and promotion of active ageing, other than income security and employment policy;
public health and medical research;
health promotion and disease prevention;
primary health care;
Aboriginal and Torres Strait Islander health programs and policies;
pharmaceutical benefits;
health benefits schemes;
hearing services policy and funding;
specific health services, including human quarantine;
national drug strategy;
regulation of therapeutic goods;
notification and assessment of industrial chemicals;
gene technology regulation;
medical indemnity insurance issues;
private health insurance;
sport and recreation;
blood and organ policy and funding;
health workforce capacity; and
mental health policy and primary mental health care.

For details of the legislation administered by the department refer to the Administrative Arrangements Orders, available at www.pmc.gov.au

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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 2009–10 for processing requests for access to documents of the following prescribed authorities:

Advisory Panel on the Marketing in Australia of Infant Formula;
Advisory Committee on Chemicals Scheduling;
Advisory Committee on Complementary Medicines;
Advisory Committee on Medical Devices;
Advisory Committee on Medicines Scheduling;
Advisory Committee on Non-Prescription Medicines;
Advisory Committee on Prescription Medicines;
Advisory Committee on the Safety of Medicines;
Aged Care Funding Instrument Reference Group;
Ageing Consultative Committee;
Australian Population Health Development Principal Committee;
Australia and New Zealand Food Regulation Ministerial Council;
Australian Commission on Safety and Quality in Health Care;
Australian Community Pharmacy Authority;
Australian National Council on Drugs;
Complaints Resolution Panel;
Department of Health and Ageing;
Gene Technology Ministerial Council;
General Practice Recognition Appeal Committee;
General Practice Recognition Eligibility Committee;
Hearing Services Consultative Committee;
Intergovernmental Committee on Drugs;
Medical Services Advisory Committee;
Medicare Participation Review Committee;
Minister for Ageing;
Minister for Health and Ageing;
Minister for Indigenous Health, Rural and Regional Health and Regional Services Delivery;
Minister for Sport;
Ministerial Advisory Committee on Blood Borne Virus and STIs;
Ministerial Council on Drug Strategy;
National E-Health Transition Authority;
National Pathology Accreditation Advisory Council;
Nuclear Safety Committee;
Parliamentary Secretary for Health;
Pathology Consultative Committee;
Pathology Services Table Committee;
Pharmaceutical Benefits Advisory Committee;
Pharmaceutical Benefits Pricing Authority;
Pharmaceutical Benefits Remuneration Tribunal;
Pharmaceutical Health and Rational Use of Medicines Committee;
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.

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Portfolio bodies that produce an annual report

The following bodies 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;
Australian Sports Foundation;
Cancer Australia;
Food Standards Australia New Zealand;
Office of the Gene Technology Regulator;
General Practice Education and Training Ltd;
Health Workforce Australia;
National Blood Authority;
National Breast and Ovarian Cancer Centre;
National Health and Medical Research Council;
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 2009–10, primarily at Assistant Secretary (Senior Executive Service) and Director (Executive Level 2) levels. Generally, occupants of positions classified as Senior Executive Service could authorise and refuse access to documents and make other decisions, such as imposing and remitting charges.

The Arrangements for Bodies or Persons outside the Commonwealth to Participate in the Formulation of Policy by the Department, or in 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 2009–10, 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.¹

The Categories of Documents that are 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 2009–10 (unless specified otherwise):

briefing papers and minutes prepared for the Ministers, the Parliamentary Secretary and senior departmental officers;
Cabinet documents, including Cabinet submissions and 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 funding 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.

A digest of the personal information the department holds is available via the Office of the Privacy Commissioner’s website, at www.privacy.gov.au/government/digests. This information is updated annually.

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The Facilities that are Provided by the Department for Enabling Members of the Public to Obtain Physical Access to the Documents of the Department

When required the department provides facilities within its accommodation holdings for inspecting documents under the Freedom of Information Act 1982.

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 30 March 2010, may be reviewed on request from the Freedom of Information Coordinator or any office of the National Archives of Australia or visit www.naa.gov.au

FOI procedures and departmental contact for enquiries

A request for access to documents made under the Freedom of Information Act 1982 must:

be made in writing (this can be transmitted by email or fax);
be accompanied by the $30 application fee (this can be waived or refunded in some cases); and
include an address in Australia to which replies and notices can be sent.

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. The Schedule of Fees and Charges to the Freedom of Information Regulations sets out rates for the time spent searching for and retrieving relevant documents, decision-making time, photocopying and other costs. Where charges are imposed, the department provides an estimate of the processing charges to the applicant and seeks their agreement before continuing to process the request.

It may not be possible to obtain access to all of the documents sought in a Freedom of Information request. Access is limited by exemptions that protect essential public interests and private and business affairs of other parties.

If you need more information or wish to discuss making a Freedom of Information request, you can contact the department by:
phone: (02) 6289 1666;
fax: (02) 6289 5604;
email: FOI@health.gov.au; or
post: Freedom of Information
Department of Health and Ageing
GPO Box 9848
Capital City

From 1 November 2010 a number of changes arising from the Australian Information Commissioner Act 2010 and the Freedom of Information Amendment (Reform) Act 2010, including the removal of an application fee, will apply to requests for access made under section 15 of the Freedom of Information Act 1982.

Enquiries regarding submission of a formal request under the Freedom of Information Act 1982 may also be directed to the department’s state/territory office Freedom of Information contact officers:

New South Wales (02) 9263 3926
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
Australian Capital Territory (02) 6289 3353

In accordance with the Electronic Transactions Act 1999, Freedom of Information requests may be emailed to FOI@health.gov.au. Requests made prior to 1 November 2010 must be accompanied by an application fee and 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.

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Departmental Freedom of Information Statistics

Table 4.6.1: Requests for Access under the Freedom of Information Act 1982 in 2009–10

Matters On-hand (Start 2009–10)	Requests Received (2009–10)	Requests Finalised (2009–10)	Requests Outstanding (End 2009–10)
52	220	230	42

Table 4.6.2: Freedom of Information Internal Review Matters

Matters On-hand (Start 2009–10)	Requests Received (2009–10)	Requests Finalised (2009–10)	Decision Reviews	Requests Outstanding (End 2009–10)
1	22	23	17 affirmed. 6 greater access given. 0 less access given.	0

Table 4.6.3: Freedom of Information Administrative Appeals Tribunal Matters

Matters On-hand (Start 2009–10)	Requests Received (2009–10)	Requests Finalised (2009–10)	Decision Appeals Outstanding (End 2009–10)
1	8	1 affirmed. 0 greater access given.	8

More detailed information about the Freedom of Information Act 1982 is available via the website of the Department of the Prime Minister and Cabinet at www.pmc.gov.au/foi/annual_reports.cfm.

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