Due diligence Pfizer covid-19 vaccine contract
Dear Department of Finance,
Some years ago American pharmaceutical Pfizer Inc. and a subsidiary paid $ 2.3 billion to resolve criminal and civil liability arising from the illegal promotion of certain products. It was the largest health care fraud settlement in the history of the Department of Justice.
Please provide a copy of the due-diligence undertaken by government with respect to Pfizer's contract to produce covid-19 vaccines for Australia. This request is made in accordance with the Freedom of Information Act.
Yours faithfully,
Jaay-H
Thank you for your email, which has been forwarded to the Department’s FOI
Team for their consideration. A member of the FOI Team will respond to
your email in the next couple of days.
Kind regards
FOI Coordinator
SEC=OFFICIAL
Dear Jaay-H
Freedom of Information Request
Thank you for your email, dated 7 November 2021, to the Department of
Finance (Finance) requesting access to the following under the Freedom of
Information Act 1982 (FOI Act):
Some years ago American pharmaceutical Pfizer Inc. and a subsidiary paid $
2.3 billion to resolve criminal and civil liability arising from the
illegal promotion of certain products. It was the largest health care
fraud settlement in the history of the Department of Justice.
Please provide a copy of the due-diligence undertaken by government with
respect to Pfizer's contract to produce covid-19 vaccines for Australia.
This request is made in accordance with the Freedom of Information Act.
As the subject matter of the requested documents are more closely
connected with the functions of the Department of Health (Health), they
have confirmed that they are better placed to process your request. As
such, Finance has transferred your request, in full, to Health under
section 16 of the FOI Act.
Please direct all future enquires regarding the above request to:
· [1][email address]
· 02 6289 1666
Kind regards
[2]cid:image001.jpg@01D20F6A.F1CA1B30
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
T: 02 6215 1783
E: [3][Finance request email]
A: One Canberra Avenue, Forrest ACT 2603
SEC=OFFICIAL
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Dear Mr Jaay H
I refer to your request of 7 November 2021 to the Department of Health
(department), seeking access under the Freedom of Information Act 1982
(Cth) (FOI Act) in the following terms:
Some years ago American pharmaceutical Pfizer Inc. and a subsidiary paid $
2.3 billion to resolve criminal and civil liability arising from the
illegal promotion of certain products. It was the largest health care
fraud settlement in the history of the Department of Justice.
Please provide a copy of the due-diligence undertaken by government with
respect to Pfizer's contract to produce covid-19 vaccines for Australia.
Notice of Third Party Consultation
It appears, from the documents to which you seek access, a third party may
reasonably wish to make a contention concerning possible exemption of some
of the documents. The decision maker, an officer authorised under section
23(1) of the FOI Act to make decisions in relation to Freedom of
Information requests, has determined that the requirement of section 27 of
FOI Act (Consultation – business information) makes it appropriate to
extend the timeframe for dealing with your request.
Pursuant to subsection 15(6) of the FOI Act, the period for providing you
with a decision has been extended by a further period of 30 days. This
means the department will endeavour to provide you with a decision on or
before 6 January 2022.
Relevant provisions
The FOI Act, including the provisions referred to in this email, can be
accessed from the Federal Register of Legislation website.
If you require clarification of any of the matters discussed in this email
you should contact the department’s FOI Unit on (02) 6289 1666, or by
email at [1][email address].
Kind regards
FOI Officer
FOI Unit – FOI and Legislation Support Section
Legal & Assurance Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
E: [2][email address]
GPO Box 9848, Canberra ACT 2601, Australia
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.
If you receive this email in error, please delete it and contact the
sender immediately.
"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."
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Dear Mr Jaay H
REQUEST FOR AN EXTENSION OF TIME
I refer to your request of 7 November 2021 to the Department of Health
(department), seeking access under the Freedom of Information Act 1982
(Cth) (FOI Act) in the following terms:
Some years ago American pharmaceutical Pfizer Inc. and a subsidiary paid $
2.3 billion to resolve criminal and civil liability arising from the
illegal promotion of certain products. It was the largest health care
fraud settlement in the history of the Department of Justice.
Please provide a copy of the due-diligence undertaken by government with
respect to Pfizer's contract to produce covid-19 vaccines for Australia.
Timeframes
The current statutory due date for this request falls on 6 January 2022.
Section 15AA of the FOI Act enables the department to seek your agreement
to an extension of time of up to 30 days. Given the upcoming Christmas and
New Year departmental shutdown period, the department is seeking your
agreement to an extension of time of 14 days to reflect this holiday
period. This would result in the decision on access in your request
becoming due on or before 20 January 2022. If you agree to this extension
of time, could you please confirm in writing by COB 9 December.
Other information
The department may impose a charge for the work involved in providing
access to the documents. If this request attracts a charge you will be
notified in writing.
Unless you advise otherwise, draft and duplicate documents and
Commonwealth employee names and contact details below Senior Executive
Service level and mobile telephone numbers of all staff will be excluded
from the scope of your request under s22(1)(a)(ii) of the FOI Act.
You can contact the FOI Unit via email at [1][email address], should you
have any questions.
Kind regards,
FOI Case Officer
Legal Advice & Legislation Branch
Legal & Assurance Division | Corporate Operations Group
Australian Government Department of Health
T: 02 6289 1666 | E: [2][email address]
GPO Box 9848, Canberra ACT 2601, Australia
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.
If you receive this email in error, please delete it and contact the
sender immediately.
"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."
References
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2. mailto:[email address]
Our reference: RQ21/033917
Agency reference: FOI 3372
Mr Jaay H
Sent by email: [1][FOI #8076 email]
Extension of time application by the Department of Health
Dear Mr H
I write to advise that on 10 December 2021, the Office of the Australian
Information Commissioner (the OAIC) received an application from the
Department of Health (the Department) for an extension of time, to process
your FOI request dated 7 November 2021.
The Department has applied for an extension of time under s 15AB of the
Freedom of Information Act 1982 (Cth) because your request is considered
to be complex.
The Department has advised the OAIC that:
· On 7 November 2021, the Department received your FOI request.
· The Department considers your request to be complex as it is
sensitive in nature.
· On 6 December 2021, the Department notified you of its third
party consultation notice under s 15(6) of the FOI Act which extended the
processing period for an additional 30 days.
· On 16 December 2021, the Department advise that third party
responses are due.
· Due to the Christmas shutdown period, the Department requires
additional time to consider third party submissions after the shutdown
period and to finalise your request.
The Department has requested an extension to 16 January 2021. I will take
any comments you may have to make into account when deciding the
application.
Please respond to this email by close of business 17 December 2021. If I
do not hear from you by this date, the decision maker will make a decision
on the basis of the information provided to me by the Department.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our
website at [2]Extensions of time.
Contact
If you have any questions regarding this email please contact me on (02)
9284 9847 or via email [3][email address]. Please quote OAIC
reference number at the top of this email in all correspondence.
Sincerely
[4][IMG] Jasmin Clarke | Assistant
Review and Investigation
Advisor
Investigations and Compliance
Freedom of information
Regulatory Group
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[5]oaic.gov.au
+61 2 9284 9847 |
[6][email address]
[10]Subscribe [11]Subscribe to
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Matters
Please note the OAIC will be closed from 25 December 2021 and will reopen
on 4 January 2022.
[12]Happy holidays from the OAIC card showing twinkling lights on red
background
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Dear Jasmin Clarke,
Thank you for the update. Hope you and the staff at the OAIC have a great Christmas and new-year.
Yours sincerely,
Jaay-H
Dear Jasmin Clarke,
Please take into account the innate and profound public interest in these documents. The FOI Act codifies the Australian public's right to scrutinise, discuss, comment and review Government's activities. Government has provided Pfizer with billions of dollars belonging to the Australian public and the public are entitled to know if this has occurred in accordance with Australian law and anti-bribery and corruption policy. As noted, the US Government previously convicted Pfizer charging them $2.3 billion (US dollars) to resolve criminal and civil liability arising from the illegal promotion of certain products. While I do not suggest any impropriety the Australian Public are entitled to scrutinise the government's due-diligence.
Yours sincerely
Jaay
Our reference: RQ21/03917
Agency reference: FOI 3372
Mr Jaay H
Sent by email: [1][FOI #8076 email]
Extension of time application by the Department of Health
Dear Mr H
Please find attached a decision of today’s date for an extension of time
from the Department of Health.
Sincerely
[2][IMG] Summen Sarwar | Administrative
Assistant (Legal)
Investigations and Compliance
Freedom of Information Regulatory Group
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[3]oaic.gov.au
+61 2 9284 9815 |
[4][email address]
[5][IMG] | [6][IMG] | [7][IMG] | [8]Subscribe to Information
Matters
Please note the OAIC will be closed from 25 December 2021 and will reopen
on 4 January 2022.
[9]Happy holidays from the OAIC card showing twinkling lights on red
background
From: Jasmin Clarke
Sent: Wednesday, 15 December 2021 12:51 PM
To: [FOI #8076 email]
Subject: RQ21/033917 - Extension of time application by the Department of
Health - Consultation [SEC=OFFICIAL]
Our reference: RQ21/033917
Agency reference: FOI 3372
Mr Jaay H
Sent by email: [10][FOI #8076 email]
Extension of time application by the Department of Health
Dear Mr H
I write to advise that on 10 December 2021, the Office of the Australian
Information Commissioner (the OAIC) received an application from the
Department of Health (the Department) for an extension of time, to process
your FOI request dated 7 November 2021.
The Department has applied for an extension of time under s 15AB of the
Freedom of Information Act 1982 (Cth) because your request is considered
to be complex.
The Department has advised the OAIC that:
· On 7 November 2021, the Department received your FOI request.
· The Department considers your request to be complex as it is
sensitive in nature.
· On 6 December 2021, the Department notified you of its third
party consultation notice under s 15(6) of the FOI Act which extended the
processing period for an additional 30 days.
· On 16 December 2021, the Department advise that third party
responses are due.
· Due to the Christmas shutdown period, the Department requires
additional time to consider third party submissions after the shutdown
period and to finalise your request.
The Department has requested an extension to 16 January 2021. I will take
any comments you may have to make into account when deciding the
application.
Please respond to this email by close of business 17 December 2021. If I
do not hear from you by this date, the decision maker will make a decision
on the basis of the information provided to me by the Department.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our
website at [11]Extensions of time.
Contact
If you have any questions regarding this email please contact me on (02)
9284 9847 or via email [12][email address]. Please quote OAIC
reference number at the top of this email in all correspondence.
Sincerely
[13][IMG] Jasmin Clarke | Assistant
Review and Investigation
Advisor
Investigations and Compliance
Freedom of information
Regulatory Group
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW
2001 | [14]oaic.gov.au
+61 2 9284 9847 |
[15][email address]
[19]Subscribe [20]Subscribe
[16]Facebook | [17]LinkedIn | [18]Twitter | icon to Information
Matters
Please note the OAIC will be closed from 25 December 2021 and will reopen
on 4 January 2022.
[21]Happy holidays from the OAIC card showing twinkling lights on red
background
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Dear Mr Jaay H
I refer to your request of 7 November 2021 to the Department of Health
(department) seeking access under the Freedom of Information Act 1982
(Cth) (FOI Act) to the following documents:
Some years ago American pharmaceutical Pfizer Inc. and a subsidiary paid $
2.3 billion to resolve criminal and civil liability arising from the
illegal promotion of certain products. It was the largest health care
fraud settlement in the history of the Department of Justice.
Please provide a copy of the due-diligence undertaken by government with
respect to Pfizer's contract to produce covid-19 vaccines for Australia.
Notice of Liability to Pay a Charge
The Director of the Department’s Freedom of Information Unit (the
Director), an officer authorised under subsection 23(1) of the FOI Act to
make decisions in relation to freedom of information requests, has decided
you are liable to pay a charge in respect of the processing of your
request.
Preliminary Assessment
In accordance with section 29 of the FOI Act and the Freedom of
Information (Charges) Regulations 2019, the Director’s preliminary
assessment of the charge you are liable to pay is $30.00
This has been calculated as follows:
search and retrieval time 2.5 hours @ $15.00 per hour $37.50
(including time spent locating
relevant files and collating
relevant documents contained on
those files) Less departmental discount (7.50)
decision making time (including 4.46 hours @ $20.00 per hour $89.25
time spent examining the documents,
considering exemptions, undertaking
consultation, writing the decision
and preparing any documents for Less first 5 hours free ($89.25)
release)
TOTAL
$30.00
Deposit
The Director has also decided you are required to pay a deposit of $20.
Payment of a deposit is taken as your authority to proceed with processing
of your request and your agreement to pay the full charge in which case
you will become liable to the Commonwealth for the full cost of processing
the charge.
Payment
The department can accept credit card, money order or cheque payments.
If you choose to pay by cheque (personal or bank) or money order it should
be sent to the following:
FOI Unit (MDP 516)
Department of Health
GPO Box 9848
CANBERRA ACT 2601
If you wish to pay by credit card, please contact the department’s FOI
unit on (02) 6289 1666 to be further advised.
Response
Under the FOI Act, you have 30 days to respond in writing to this notice.
You must, within 30 days after this notice is given, do one of the
following things:
(i) agree with the department’s estimate and pay the
deposit or whole charge if no deposit is listed, or
(ii) advise the department in writing you contend the
charge has been wrongly assessed, or should be reduced or not imposed,
giving reasons for your contention, or
(iii) advise the department in writing you withdraw the
request for access to the documents concerned.
Please send your response to the above postal address or [1]this email
address. If you do not provide a response within 30 days, your freedom of
information request will be taken to have been withdrawn.
If you choose to make a contention the charge should be reduced or not
imposed, the department must, in making a decision on your contention,
take into account the matters set out in section 29(5) of the FOI Act or
any relevant matter.
Processing time
The timeframe for processing your request is suspended from the date you
receive this notice and will resume either when you pay the deposit or
when any contention you make about the charge has been resolved.
Relevant provisions
The FOI Act, including the provisions referred to in this email, can be
accessed from the Federal Register of Legislation website here: [2]Freedom
of Information Act 1982 (legislation.gov.au)
If you require clarification of any of the matters discussed in this email
you should contact the department’s FOI Unit by email at
[3][email address].
Kind regards
FOI Case Officer
Legal Advice & Legislation Branch
Legal & Assurance Division | Corporate Operations Group
Australian Government Department of Health
T: 02 6289 1666 | E: [4][email address]
GPO Box 9848, Canberra ACT 2601, Australia
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.
If you receive this email in error, please delete it and contact the
sender immediately.
"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."
References
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