Australian Citizen scores Massive Win in Quest for Freedom of Covid19 Information
Australian Department of Health has been ordered by the Office of the Australian Information Commissioner to process the Applicant’s request and notify the Applicant of its decision.
Anonymous Applicant (AOR) should be given a Medal.
Here is the first page of the 11 page Order, issued 23 October 2024.
OAIC has given the Department of Health and Aged Care 30 Days to process the modified application and must get back to the OAIC to “advise whether it has fully implemented my decision or whether it will be seeking review of the decision by the Administrative Review Tribunal.”
Point 3 of the Decision says:
This decision discusses whether a practical refusal reason exists (ss 24, 24AA, and 24AB). It finds that in the particular circumstances, where the applicant has sought to revise their request in accordance with the agency’s suggestions, and the agency has not undertaken sampling or provided a breakdown of the processing time, it has failed to provide sufficient evidence to support that a practical refusal reason exists.
The FOI request involves a number of points:
In relation to dot point 1, the Applicant advised:
Any and all scientific papers that was shared with the government and with other organisations worldwide, pertaining the details of the virus
The Applicants are seeking documents within the timeframe October 2019 to April 2020
• they are seeking documents received by the ‘Australian government and/or Australian organisations’ from various international organisations
• the particular aspect of the COVID-19 virus they are interested in is ‘its existence and the strategic response information and recommendations’
In relation to dot point 4, the applicant advised:
• they are seeking documents within the timeframe October 2019 to April 2020
• they are seeking documents received by the ‘Australian government and/or Australian organisations’ from various international organisations
• they are seeking documents ‘verifying the pandemic was declared an alert phase 6 or other phase’ by the World Health Organisation
• their request is for ‘scientific documents’ or papers
• they are seeking documents that contain ‘evidence that the contagion and severity on any person, man or woman is worthy of a pandemic’
On Page 6 of the OAIC document we find:
Finding
25. I find that the Department has not established that a practical refusal reason exists for the purposes of s 24(1)(b) of the FOI Act. Therefore, the Department was not authorised under s 24(1)(b) of the FOI Act to refuse access to the documents.
Rocelle Ago
Acting Executive General Manager, Information Rights Division
Delegate of the Australian Information Commissioner for the purposes of s 55K of the Freedom of Information Act 1982
23 October 2024
Will Albanese Government Appeal to further Delay FOI?
The original application FOI was lodged more than 4 years ago!
I look forward to reporting developments.
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