s22
Email: s22
Dear s22
FREEDOM OF INFORMATION REQUEST FOI 5351
Estimate of Charges
1. I refer to your request dated 19 August 2024 under the
Freedom of Information Act
1982 (the FOI Act) for access to the following documents:
“Therapeutic Goods Administration: Advisory Committee on Medicines
Minutes of meeting 44; 4 and 5 April 2024
Section B Post-market items
Sodium Valproate
And any associated reports or correspondence considered in the meeting regarding
sodium valproate.
The text and source of the request made to the ACM for sodium valproate to be
evaluated.”
2. Under the FOI Act, before a charge is imposed in respect of an FOI request, I am
required to notify you of certain matters including the amount of the estimated charge
and the grounds upon which you can request that a charge not be imposed. I am
writing to notify you of those matters. I note that you have already requested that the
charge be waived. However, as I have not yet notified you of the relevant matters, I will
separately consider your request for a waiver after you have had an opportunity to
consider those matters (which are detailed below) and provide any further
submissions or information that you may wish to provide.
3. Under the
Freedom of Information (Charges) Regulations 2019 (the Regulations) a
charge can be imposed in respect of a request for access to documents under the FOI
Act. The charge is for the search and retrieval of documents, decision making and
provision of access.
4. I am an authorised decision maker under section 23 of the FOI Act and I have decided
that you are liable to pay a charge in respect of the processing of your request for
access (however, as noted above, I will consider separately your request that the
charge should be waived after you have had an opportunity to provide any further
submissions or information).
5. A search and retrieval of documents relevant to your request has been undertaken and
a preliminary estimate of charges has been calculated. It is set out in the table below.
PO Box 100 Woden ACT 2606 ABN 40 939 406 804
Phone: 1800 020 653 or 02 6289 4124 Fax: 02 6203 1605
Email: xxxx@xxx.xxx.xx
https://www.tga.gov.au
Search and retrieval time (including 0.75 hours @ $15.00 per hour
$11.25
time spent locating relevant files
and collating relevant documents
contained on those files)
Decision making time (including
38.86 hours @ $20.00 per hour
$677.13
time spent examining the
Less first 5 hours which are
documents, considering
fr
ee
exemptions, undertaking
consultation, writing the decision
and preparing any documents for
release)
TOTAL
$688.38
Deposit required
$172.10
6. Under the Regulations where a charge is imposed and exceeds $100.00, a deposit of 25
percent may be sought. Based on the preliminary estimate of charges for your request
which is $688.38, I have decided you are required to pay
a deposit of 25 percent, being
$172.10. Details of how to make a payment are outlined below.
7. Under subsection 29(1) of the FOI Act, I am required to notify you that you have 30
calendar days from receipt of this notice to do one of the following:
• pay the charge, being the deposit outlined above, and notify the FOI Team via the
email below; or
• notify the TGA that you wish to contend that:
- the charge has been wrongly assessed, giving reasons; or
- the charge should be reduced or not imposed (for instance, where payment of
the charge would cause you financial hardship or where you believe access to
documents is in the general public interest), with reasons; or
• notify the TGA that you withdraw your request.
8. Please note, should you seek a reduction or waiver of charges on the grounds of
financial hardship it would assist the decision maker considering your request if you
provide suitable evidence of financial hardship (for example, by providing evidence of
receipt of a pension or income support payment; or provide evidence of income, debts
or assets). This is consistent with the FOI Guidelines www.oaic.gov.au/freedom-of-
information/foi-guidelines/part-4-charges-for-providing-access. Evidence should be
provided at the time of seeking waiver or reduction.
9. If you fail to notify the TGA within 30 days about what you propose to do, the FOI Act
provides under subsection 29(2) that you are taken to have withdrawn your request.
Timeframes
10. The time limit for processing your request is suspended, in accordance with section 31
of the FOI Act, from the date you receive this notice and resumes on the day you pay
the charge or deposit (including any reduced charge or deposit), or the day on which
the TGA makes a decision not to impose a charge.
11. Once your FOI request has been processed, the TGA will determine the actual charge
you must pay before the documents can be provided to you. The final charge for
processing your request may be different from the estimate quoted in this letter. If I
decide to grant full access to all the documents within the scope of your request, you
must pay the actual charges for the time and disbursements involved in processing
your request ascertained in accordance with the table set out above (which may be
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greater or less than the estimate). However, if you are only granted partial access to
the documents, you will only be required to pay whichever amount is the lesser of the
estimate quoted in this letter and the actual charges.
12. Please note that the decision maker can make a decision to charge for search and
retrieval that the TGA has already undertaken for the purposes of your request in its
current form, but it may be possible to reduce the decision making charges that might
be incurred by the TGA in the future if you refine the scope of your request, for
example, by limiting the date range of documents sought or excluding a particular
category of documents.
13. If you agree to pay the charge, you are accepting liability for settlement of the debt
upon completion of processing the FOI request. Once your FOI request has been
processed, the outstanding amount of the charge becomes a debt to the
Commonwealth. The TGA is obliged to pursue recovery of the debt in accordance with
the
Public Governance, Performance and Accountability Act 2013.
Payment
14. Payments for FOI requests must be made online via the TGA’s Online Payment
Portal (www.tga.gov.au/how-we-regulate/fees-and-payments/payment-
options/online-payment-portal).
15. To make an FOI payment, you will be required to enter specific information as outlined
below. From the Online Payment Portal site, click on the option titled ‘
Online
payment portal’ to display the payment portal page. From the payment portal page,
enter the following information:
• ‘
Biller Code’, click on the drop-down arrow to select option ’
11 – Freedom of
Information (FOI)’.
• ‘
Client Identification Number’, enter ‘
CO-9001’.
• ‘
Reference Number’, enter your unique FOI identification number fol owed by
your first and last name (e.g. ‘
FOI-XXXX John Smith’).
• ‘
Email Address for Tax Receipt’, enter the email address you wish to receive a tax
receipt for your payment transaction. This email will contain a unique 11 digit
payment transaction number to quote if you have any queries. Please retain this
email for your records. A tax invoice will not be issued for this transaction.
• ‘
Amount (AUD)’, enter the amount of the payment being made.
• ‘
Select your payment option’, click on the relevant icon to proceed to the next
screen.
Please include reference to FOI 5351 in your payment.
16. If you require assistance with making a payment please contact the TGA Accounts
team on 1800 020 653 (option 5) or by email at xxxxxxxxxxx@xxxxxx.xxx.xx. Users
who are deaf or have a hearing or speech impairment can call through the National
Relay Service: TTY or computer with modem users: phone 1800 555 677 then ask for
1800 020 653. Speak and listen (speech to speech relay) users: phone 1800 555 727
then ask for 1800 020 653.
17.
IMPORTANT: Once payment has been made, please notify the FOI Team via the
following email address: xxxxxx@xxxxxx.xxx.xx. Failure to notify the FOI Team of
payment may result in delays to the processing of your FOI request.
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Third Party Consultation
18. In the event your request relates to documents that include information about a
person or their business or professional affairs or about the business, commercial or
financial affairs of an organisation or undertaking, pursuant to section 27 and 27A of
the FOI Act the TGA will be required to provide that person or organisation the
opportunity to make submissions if it appears that they may wish to argue any
document is exempt from release.
19. The statutory time limit for processing an FOI request will be extended by 30 days
under subsection 15(6) of the FOI Act where a third party is to be consulted.
20. If you require clarification of any of the matters discussed in this letter, please contact
the FOI Team on (02) 6289 4630.
Yours sincerely
Authorised and electronically signed by:
Dr Claire Larter
Acting Assistant Secretary
Pharmacovigilance Branch
Therapeutic Goods Administration
11 September 2024
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