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 its 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.

Decision-Making Powers

In 2007–08, 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;
• Alcohol Education and Rehabilitation Account Act 2001;
• Australian Hearing Services Act 1991, Subsections 8(4) to 8(8) inclusive;
• Australian Institute of Health and Welfare Act 1987;
• 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 (from December 2007);
• Australian Sports Anti-Doping Authority (Consequential and Transitional Provisions) Act 2006 (from December 2007);
• Australian Sports Commission Act 1989 (from December 2007);
• Cancer Australia Act 2006;
• Commonwealth Serum Laboratories Act 1961;
• Delivered Meals Subsidy Act 1970;
• Dental Benefits Bill (from June 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 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

Portfolio Authorities Whose Requests For Access Were Processed by the Department

For the purposes of the administration of the Freedom of Information Act 1982, the Department was responsible in 2007–08 for processing requests for access to documents of the following prescribed authorities (as defined by the Freedom of Information Act 1982):

• Advisory Panel on the Marketing in Australia of Infant Formula;
• Aged Care Funding Instrument Reference Group;
• Ageing Consultative Committee;
• AHMAC Australian Population Health Development Principal Committee;
• Australia and New Zealand Food Regulation Ministerial Council;
• Australian Community Pharmacy Authority;
• Australian Drug Evaluation Committee;
• Australian National Council on Drugs;
• Complementary Medicines Evaluation Committee;
• Complaints Resolution Panel;
• General Practice Recognition Appeal Committee;
• General Practice Recognition Eligibility Committee;
• Hearing Services Consultative Committee;
• Intergovernmental Committee on Drugs;
• Medical Device Evaluation Committee;
• Medical Services Advisory Committee;
• Medicare Participation Review Committee;
• Minister for Health and Ageing;
• Minister for Ageing;
• Minister for Sport (from December 2007);
• 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;
• Pathology Services Table Committee;
• Parliamentary Secretary to the Minister for Health and Ageing;
• 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 (from December 2007);
• Therapeutic Goods Advertising Code Council; and
• Therapeutic Goods Committee.Top of page

Portfolio Agencies Not Included in this Report

The following prescribed authorities (as defined by the Freedom of Information Act 1982) in the Health and Ageing portfolio were separate agencies for the purpose of the Act. They publish their own annual report and are therefore not covered by this statement:

• Aged Care Commissioner;
• Australian Institute of Health and Welfare;
• Australian Radiation Protection and Nuclear Safety Agency;
• Australian Sports Anti-Doping Authority (from December 2007);
• Australian Sports Commission (from December 2007);
• Cancer Australia;
• Food Standards Australia New Zealand;
• Gene Technology Regulator;
• National Blood Authority;
• 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 agencies can be found in their respective annua lreport, and in the 6.2 Portfolio Agencies’ Contact Details chapter (with the exception of the Aged Care Commissioner).

Authorised Freedom of Information Decision Makers

The authority to provide access to documents was held widely throughout the Department 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 under the Freedom of Information Act 1982.

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. Public consultation and consumer and stakeholder participation in policy formulation was widely encouraged at varying levels, across a range of areas of policy. Formal arrangements for outside participation included cross-portfolio bodies. Further information regarding formal arrangements can be obtained from the Government Online Directory, accessible at <www.gold.gov.au> and from the Department’s internet site.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 generally 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 2007–08 (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 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;
• separate records of internal departmental management meetings and teleconferences, such as agendas and meetings;
• correspondence with non-government parties (stakeholders);
• records of meetings and teleconferences 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;
• 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.

A large number of departmental publications were available free of charge to the public. A list of these publications can be accessed via the Department’s internet site, where a number are also available for download. Top of page

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

Facilities for inspecting documents to which access is given under the Freedom of Information Act 1982 are 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, a list has been compiled of unpublished manuals and other documents provided by the Department 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 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.

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 at:

Freedom of Information Coordinator (Central Office) (02) 6289 1666

New South Wales (02) 9263 3926

Victoria (03) 9665 8323

Queensland (07) 3360 2603

South Australia (08) 8237 8025

Western Australia (08) 9346 5400

Tasmania (03) 6221 1435

Northern Territory (08) 8919 3450

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. Top of page

Departmental Freedom of Information Statistics

Table 4.6.1: Requests for Access under the Freedom of Information Act 1982 in 2007–08

Matters On-hand (Start 2007-08)	Requests Received (2007-08)	Requests Finalised (2007-08)	Requests Outstanding (End 2007-08)
37	180	178	39

Table 4.6.2: Freedom of Information Internal Review Matters

Matters On-hand (Start 2007-08)	Requests Received (2007-08)	Requests Finalised (2007-08)	Decision	Reviews Outstanding (End 2007-08)
0	13	12	5 affirmed. 6 greater access given. 1 charges not imposed.	1

Table 4.6.3: Freedom of Information Administrative Appeals Tribunal Matters

Matters On-hand (Start 2007-08)	Requests Received (2007-08)	Requests Finalised (2007-08)	Decision	Appeals Outstanding (End 2007-08)
0	1	0	N/A	1

Figure 4.6.1: Requests for Access to Departmental Documents: Received and Finalised

Source: Department of Health and Ageing Annual Reports 2002–03 to 2007–08.

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