TranslateRight to Information No.: RTI202223-071
Right to Information No.: RTI202223-071
Date of Decision: 22 November 2022
Information Requested
An application made pursuant to the Right to Information Act 2009 (‘the Act’), received the Department of Health (“the public authority”) on 3 October 2022 and accepted on 21 October 2022.
The applicant, pursuant to s15(4)(a) of the Act, agreed to grant an extension on the application for assessed disclosure.
The information requested:
Removal of COVID-19 positive case isolation requirements
Information held by Public Health Services regarding the potential public health impacts of the removal of isolation requirements for positive COVID-19 cases.
Decision and Statement of Reasons
My decision is to refuse the request for information.
Section 12 Publicly Available Information
Section 12 provides:
12. Information to be provided apart from Act
(3) Assessed disclosure is the method of disclosure of last resort and –
...
(c) the principal officer of a public authority or a Minister may refuse an application made in accordance with section 13 if the information that is the subject of the application –
(i) is otherwise available; or
(ii) …
The information requested is available to the applicant at:
- https://www.coronavirus.tas.gov.au/important-community- updates#:~:text=National%20Cabinet%20has%20announced%20changes,in%20isolation%20for%205%20 days.
- https://www.health.gov.au/health-alerts/covid-19/protect-yourself-and-others
- https://www.health.gov.au/health-alerts/covid-19/testing-positive?gclid=EAIaIQobChMI7oa99Oiz- wIV1ZNmAh3qGw2rEAAYASAAEgKCIvD_BwE&gclsrc=aw.ds
- https://www.health.gov.au/resources/publications/letter-from-the-chief-medical-officer-to-the-prime- minister-about-the-proposed-removal-of-mandatory-isolation-for-covid-19
- https://www.health.gov.au/sites/default/files/documents/2022/10/letter-from-the-chief-medical-officer- to-the-prime-minister-about-the-proposed-removal-of-mandatory-isolation-for-covid-19.pdf
A decision to refuse information under s12 is not a reviewable decision. The reason for this stems from the jurisdiction to conduct the review. Jurisdiction in relation to external review is established under s45(1)(a) when the decision maker was the authority's principal officer. Section 45 provides that an external review can be undertaken if an internal review (s43) would have been possible had the original decision maker been a delegated officer instead of the principal officer.
S43 provides that, an internal review only arises where the authority has made in accordance with s22. S22 refers to four classes of decision:
- where it has been determined that the applicant was not entitled to information because it was exempt information by virtue of one or more of the exemption provisions:
- where provision of the information was deferred under s17;
- where the application has been refused pursuant to s19; or
- where the application has been refused on the basis that it was a repeat or vexatious application (s20).
A decision not to provide information under s12 is not a decision to which s22 applies. As a consequent, no internal review of such a decision is available under s43 and therefore by extension; nor can it be externally reviewable under s45.
