Final Freedom of Information - GIPA Act decision Sydney University - CHINA and WHO - Tony Nikolic
Freedom of Information to Sydney University seeking information about communications between Australian University Staff and Forign Governments to manage Health. Freedom of Information to Sydney University seeking information about communications between Australian University Staff and Forign Governments to manage Health.
Notice of Decision 2023/22341. Summary of access applicationThe University of Sydney (the University) received your access application under theGovernment Information (Public Access) Act 2009 (the GIPA Act) on 8 June 2023.Your application is as follows:1. This is an addition to the GIPA Act - 2023/1696 and we are seeking a list identifying thenames of the foreign Governments referred to in the email response from KateCummings of 2 June 2023 to Ashely, Francina, Leonard & Associates solicitors.For the avoidance of doubt, we provide an exert [sic] from the email response.´There is also information relating to third party institutions, including foreign governmentinstitutions, contained in a large number of responsive emails. Consultation with theseinstitutions is also required before a decision can be made on whether the informationcan be released. There is also significant information relating to individuals other thanthose you have listed, including the personal and health information of individualpatients. Although you have excluded such names and information from the scope ofyour application, the information must still be identified and redacted in each email´.2. We are not seeking the contents of correspondence or information transferred between DrDwyer and the Foreign Governments.3. We are not seeking the names of individuals that may be identified or their personalcontacts.4. This matter is in the public interestTo be clear, we are ONLY seeking the identity of the foreign Governments to which DrDwyer communicated with and nothing more. By way of example answer may be as simpleas communications directed to USA, China, New Zealand etc…2. DecisionI am authorised by the principal officer, for the purposes of section 9(3) of the GIPA Act, todecide your access application.I have decided:• under section 58(1)(a) to provide access to the information• under section 76 to provide access to information not applied for.In this Notice of Decision I will explain my reasons. To meet the requirements of section 61of the GIPA Act, I need to tell you:(a)(b)the reasons for my decision and the findings on any important questions offact underlying those reasons, andthe general nature and format of the records containing the information youasked for, with reference to the relevant public interest considerations againstdisclosure (see the attached Schedule of Documents).2.1. Reviewable DecisionThe decision to provide access is reviewable under section 80(d) of the GIPA Act.The University of Sydney Page 2 of 7
Notice of Decision 2022/22343. Searches for informationUnder the GIPA Act, we must conduct reasonable searches for the government informationyou asked for in your application.As this application related to information already identified in response to your earlier GIPAapplication (2023/1696) no additional search for information was required.4. Providing information not applied forIn addition to providing the information you requested (“a list identifying the names of theforeign governments referred to in the email … of 2 June 2023”), I have, as permitted bysection 76 of the GIPA Act, and in order to provide context for the information released,provided access to some information in addition to that covered by your application.I have included with the list of names of the countries concerned, the names of thegovernment institutions and a brief description of the subject of the email.5. The public interest testUnder section 9(1) of the GIPA Act, you have a legally enforceable right to access theinformation you asked for, unless there is an overriding public interest against its disclosure.Further, under section 5 of the GIPA Act, there is a presumption in favour of disclosinggovernment information unless there is an overriding public interest against its disclosure.To decide whether or not there is an overriding public interest against disclosure of theinformation you asked for, I applied the public interest test, which is set out in section 13 ofthe GIPA Act.I applied the public interest test by:(a) identifying any public interest considerations in favour of disclosure;(b) identifying any relevant public interest considerations against disclosure;and(c) deciding where the balance between them lies.I did this in the way required by section 15 of the GIPA Act, which is:(a) in a way that promotes the objects of the GIPA Act;(b) with regard to any relevant guidelines issued by the InformationCommissioner.(c) without taking into account the fact that disclosure of information maycause embarrassment to, or a loss of confidence in, the Government (asthat fact is irrelevant);(d) without taking into account the fact that disclosure of information might bemisinterpreted or misunderstood by any person (as that fact is irrelevant);andThe University of Sydney Page 3 of 7
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Notice of Decision 2023/2234
1. Summary of access application
The University of Sydney (the University) received your access application under the
Government Information (Public Access) Act 2009 (the GIPA Act) on 8 June 2023.
Your application is as follows:
1. This is an addition to the GIPA Act - 2023/1696 and we are seeking a list identifying the
names of the foreign Governments referred to in the email response from Kate
Cummings of 2 June 2023 to Ashely, Francina, Leonard & Associates solicitors.
For the avoidance of doubt, we provide an exert [sic] from the email response.
´There is also information relating to third party institutions, including foreign government
institutions, contained in a large number of responsive emails. Consultation with these
institutions is also required before a decision can be made on whether the information
can be released. There is also significant information relating to individuals other than
those you have listed, including the personal and health information of individual
patients. Although you have excluded such names and information from the scope of
your application, the information must still be identified and redacted in each email´.
2. We are not seeking the contents of correspondence or information transferred between Dr
Dwyer and the Foreign Governments.
3. We are not seeking the names of individuals that may be identified or their personal
contacts.
4. This matter is in the public interest
To be clear, we are ONLY seeking the identity of the foreign Governments to which Dr
Dwyer communicated with and nothing more. By way of example answer may be as simple
as communications directed to USA, China, New Zealand etc…
2. Decision
I am authorised by the principal officer, for the purposes of section 9(3) of the GIPA Act, to
decide your access application.
I have decided:
• under section 58(1)(a) to provide access to the information
• under section 76 to provide access to information not applied for.
In this Notice of Decision I will explain my reasons. To meet the requirements of section 61
of the GIPA Act, I need to tell you:
(a)
(b)
the reasons for my decision and the findings on any important questions of
fact underlying those reasons, and
the general nature and format of the records containing the information you
asked for, with reference to the relevant public interest considerations against
disclosure (see the attached Schedule of Documents).
2.1. Reviewable Decision
The decision to provide access is reviewable under section 80(d) of the GIPA Act.
The University of Sydney Page 2 of 7
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