Date: Thu, 24 Jun 2021 10:43:36 +1000
Subject: Re: FOI 2438 Scope clarification [SEC=OFFICIAL]
From: Lucy Lovich <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
To: TGA FOI <
xxxxxx@xxxxxx.xxx.xx>
Dear TGA FOI,
I agree with the following scope:
Document which shows the number of FOI requests over 30 days old where a
decision was not made within the legislated timeframe (deemed refusal
under section 15AC of the FOI Act) that relate to COVID19 between 1
February 2020 to today.
Yours sincerely,
Lucy
-----Original Message-----
Dear Ms Lovich,
I am writing to seek clarity regarding the scope of your FOI request (FOI
2438):
Current scope:
“Document which shows the number of FOI requests over 30 days old that
relate to COVID19 between 1 February 2020 to today.”
Timeframes for processing FOI requests
The initial timeframe for processing an FOI request is 30 calendar days
under paragraph 15(5)(b) of the Freedom of Information Act 1982 (FOI
Act). However, this timeframe may be extended beyond 30 days for a
variety of reasons, such as:
· Where an agency determines that it is necessary to conduct a
consultation under sections 26A, 27 or 27A of the FOI Act;
· Where an agency determines that it is necessary to conduct a
consultation with a foreign entity to determine whether any document
subject to the request is an exempt document under section 33 of the FOI
Act;
· Where an estimate of charges is issued to the FOI applicant, the
processing clock will be placed on hold until payment is received;
· An agency may extend the timeframe for processing a request
under section 15AA (with the agreement of the FOI Applicant);
· An agency may apply to the Office of the Australian Information
Commissioner (OAIC) for an extension of the processing time under section
15AB where a request is complex or voluminous;
· An agency may apply to the OAIC for an extension of the
processing time under section 15AC where a decision has not been made on
time.
Scope clarification
Noting the information outlined above which shows that generally FOI
requests are not completed within a 30 day period, I would be grateful if
you would please advise whether you wish to revise the scope of your
request to provide us with additional information to allow us to continue
processing. For example, the following is a scope suggestion which you may
wish to consider:
“Document which shows the number of FOI requests over 30 days old where a
decision was not made within the legislated timeframe (deemed refusal
under section 15AC of the FOI Act) that relate to COVID19 between 1
February 2020 to today.”
Section 15AC of the FOI Act:
15AC Decision not made on request within time—deemed refusal
Scope
(1) This section applies if:
(a) a request has been made to an agency or Minister; and
(b) the period (the initial decision period) covered by subsection (2) has
ended since the day the request was received by, or on behalf of, the
agency or Minister; and
(c) notice of a decision on the request has not been received by the
applicant.
(2) The initial decision period covered by this subsection
is the period of 30 days mentioned in paragraph 15(5)(b) (or that period
as extended, otherwise than under this section)…
Please note that this scope is a suggestion only, you may revise the scope
of your request in another manner if you wish.
We would be grateful for your response by COB Thursday 24 June 2021.
If you have any questions or would like to discuss, please do not hesitate
to contact the FOI team.
Kind regards
Karen
Freedom of Information
David | Karen | Tara | Cindy |Christina
[1]cid:image001.png@01D54DDB.C1CF42E0
Therapeutic Goods Administration
Australian Government Department of Health
T: 02 6289 4630 | E: [2][email address]
PO Box 100, Woden ACT 2606, Australia
Web: [3]www.tga.gov.au
[4]cid:image002.png@01D55CBC.5655D390[5]cid:image003.gif@01D55CBC.5655D390[6]cid:image004.png@01D55CBC.5655D390
Important: This transmission is intended only for the use of the addressee
and may contain confidential or legally privileged information. If you are
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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 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.
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