Document 36 AR.pdf

From:
TGA FOI
To:
s22
Cc:
TGA FOI
Subject:
RE: FOI 5343 - Seeking consideration of withdrawal [SEC=OFFICIAL]
Date:
Friday, 4 October 2024 5:09:19 PM
Attachments:
image001.png
Dear s22
s22
In addition, the decision maker has decided to waive the charges in full associated with the
processing of FOI 5343 and will refund the funds already paid.

I apologise for any confusion caused. Please feel free to contact me if you have any questions
about this.

Thank you for your consideration of this matter.

Kind regards
s22

Freedom of Information
s22

Therapeutic Goods Administration
Australian Government Department of Health and Aged Care
T: 02 6289 4630 | E: xxxxxx@xxxxxx.xxx.xx
PO Box 100, Woden ACT 2606, Australia
Web: www.tga.gov.au

Important: This transmission is intended only for the use of the addressee and may contain confidential or
legally privileged information. If you are not the intended recipient, you are notified that any use or
dissemination of this communication is strictly prohibited. If you receive this transmission in error please notify
the author immediately and delete all copies of this transmission.

s22

s22

s22

From: s22
Sent: Tuesday, September 24, 2024 10:31 AM
To: TGA FOI <xxxxxx@xxxxxx.xxx.xx>
Subject: Re: FOI 5343 - Notice of Estimate of Charges [SEC=OFFICIAL]

REMINDER: Think before you click! This email originated from outside our organisation. Only
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Dear s22,

I have paid the full fee.

<image001.png>

I also write to contest charges outlined in the notice provided to me on 20 Sept,
proposing that they should not be imposed (FOI Act s 29(1)(f)(ii)).

This FOI relates to a matter of significant public interest. There has been
significant interest in this matter in the Federal parliament.

https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?

bid=chamber/hansards/28053/&sid=0133

https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?
bid=chamber/hansardr/28031/&sid=0025

https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?
bid=chamber/hansardr/28031/&sid=0185

https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?
bid=chamber/hansards/28060/&sid=0147

https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?
bid=chamber/hansards/28060/&sid=0162

https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?
bid=chamber/hansards/28060/&sid=0164

https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?
bid=chamber/hansards/28059/&sid=0117

https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?
bid=chamber/hansards/28058/&sid=0118

https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?
bid=chamber/hansards/28058/&sid=0091

https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?
bid=chamber/hansards/28057/&sid=0086

There is more.

There has also been significant media interest in this matter.

https://theconversation.com/australias-iv-fluids-shortage-will-likely-last-all-year-
heres-what-that-means-for-surgeries-237009

https://www.abc.net.au/news/2024-07-27/iv-fluids-global-shortage-
explainer/104147878

https://www.theguardian.com/australia-news/article/2024/aug/16/australia-iv-
fluid-shortage-government-distribution

Documents provided under this FOI will likely be the basis of further journalistic
writing. s22

In Emmanuel Freudenthal and Department of Foreign Affairs and Trade
(Freedom of information) [2019] AICmr 15 (29 April 2019) the Information
Commissioner noted the relationship to the FOI in that case and articles

that had been written in relation to it, and questions that had been raised
in the parliament (Senate Estimates).
In Australian Associated Press Pty Ltd and Department of Immigration and
Border Protection [2015] AICmr 65 (2 October 2015) the Information
Commissioner determined “It is likely that the position of the applicant as
a media outlet, pursuing investigative journalism, could increase any
benefit flowing from the release of the documents in this case.”
In MacTiernan and Secretary, Department of Infrastructure and Regional
Development (Freedom of information) [2015] AATA 584 the Tribunal stated
“When one compares the number of documents identified as within the
scope of the FOI request (i.e. 88 documents) and the cost of processing the
FOI Request ($2,291.36) against what the FOI Request relates to (i.e. a
proposed $1 billion (plus) government (taxpayer) funded infrastructure
project) the Tribunal considers, on balance, that the giving of access to the
documents in question is in the “general public interest” or, at the very
least, “in the interest of a substantial section of the public” for the
purposes of s 29(5) of the FOI Act and that the charge associated with
processing the FOI Request ought be waived under s 29(4) of the FOI Act in
the circumstances of this case.

The decision to impose a charge is discretionary. One of the factors that must be
considered in the exercise of the discretion is the public interest (s 29(5)(b)).

Noting the circumstances set out above, I ask that the charges be waived.

Kind regards - s22

s22
s22
s22

s22

s22

On 20 Sep 2024, at 8:41 am, TGA FOI <xxxxxx@xxxxxx.xxx.xx>
wrote:

Dear s22

Please find attached correspondence in relation to your Freedom of
Information request.

IMPORTANT: Please include reference to FOI 5343 in your payment.

Consultation
As your request relates to the personal, professional, business,
commercial or financial affairs of third parties, pursuant to section 27
and 27A of the FOI Act, the TGA is required to consult with the
affected third parties and provide them an opportunity to make
submissions regarding the release of the documents.

Accordingly, under section 15(6) of the FOI Act, and upon payment of
a deposit, the timeframe for processing your request will be extended
by 30 days to allow the consultation process to be conducted.

If you have any questions, please do not hesitate to contact the FOI
Team.

Kind regards
s22

Freedom of Information
s22
<image001.png>

Therapeutic Goods Administration
Australian Government Department of Health and Aged Care
T: 02 6289 4630 | E: xxxxxx@xxxxxx.xxx.xx
PO Box 100, Woden ACT 2606, Australia
Web: www.tga.gov.au

Important: This transmission is intended only for the use of the addressee and
may contain confidential or legally privileged information. If you are not the
intended recipient, you are notified that any use or dissemination of this
communication is strictly prohibited. If you receive this transmission in error
please notify the author immediately and delete all copies of this transmission.

The Department of Health and Aged Care acknowledges the Traditional
Custodians of Australia and their continued connection to land, sea and
community. We pay our respects to all Elders past and present.

"Important: This transmission is intended only for the use of the addressee and
may contain confidential or legally privileged information.  If you are not the
intended recipient, you are notified that any use or dissemination of this
communication is strictly prohibited.  If you receive this transmission in error
please notify the author immediately and delete all copies of this transmission."
<FOI 5343 - Estimate of Charges.pdf>

"Important: This transmission is intended only for the use of the addressee and may contain
confidential or legally privileged information.  If you are not the intended recipient, you are
notified that any use or dissemination of this communication is strictly prohibited.  If you receive
this transmission in error please notify the author immediately and delete all copies of this

transmission."