Payments received from Pfizer, AstraZeneca, and Moderna from 2019
Dear Therapeutic Goods Administration,
I request access to the following documents under the Freedom of Information Act 1982:
1. Summary of all payments received from Pfizer, AstraZeneca, and Moderna from 1 July 2019 to 1 July 2024. The summary should be itemised by financial year.
Yours faithfully,
CR
Dear CR
FREEDOM OF INFORMATION REQUEST – NOTIFICATION OF RECEIPT
I am writing to notify you that the Therapeutic Goods Administration
(Department of Health and Aged Care) has received your request for access
to documents under the Freedom of Information Act 1982 (FOI Act) as
follows:
‘I request access to the following documents under the Freedom of
Information Act 1982:
1. Summary of all payments received from Pfizer, AstraZeneca, and Moderna
from 1 July 2019 to 1 July 2024. The summary should be itemised by
financial year.’
The timeframe for your request is from 1 July 2019 to 1 July 2024.
Under section 15(5)(b) of the FOI Act, the agency has 30 calendar days
from the date your request was received in which to provide a decision in
response to your request for access. A decision is currently due on or
before 16 August 2024. Due to the statutory processing time afforded under
the FOI Act in which to provide you with a decision in relation to your
FOI request, we would be grateful if you could please monitor your emails
periodically for updates regarding your request.
Where there is requirement to undertake consultation with affected third
parties, this timeframe is extended by a further 30 days. It may also be
extended in certain circumstances, including with your agreement or where
the Department applies to the Office of the Australian Information
Commissioner for an extension.
Unless you advise otherwise, draft and duplicate documents, Commonwealth
employee names and contact details of staff below Senior Executive Service
level, internal group email addresses and mobile telephone numbers of all
staff will be excluded from the scope of your request under section
22(1)(a)(ii) of the FOI Act.
Disclosure Log Publication:
The TGA is required under section 11C of the FOI Act to publish on its
website, or otherwise make available, documents released to an applicant
in response to an FOI request, unless exceptional circumstances apply. The
TGA publishes these documents on the FOI Disclosure Log at [1]FOI
Disclosure Log | Therapeutic Goods Administration. You can find more
information about the Disclosure Log at [2]OAIC FOI Guidelines |
Disclosure Logs.
Personal information:
I note from your request that you have not indicated on whether you seek
access to the personal information of third parties (e.g. the names and
contact details of individuals, or any information that could reasonably
identify an individual). Seeking this information may require the
Department to consult with the identified individuals. This will increase
the time taken to process your request and the costs involved. As such, we
would be grateful if you would consider removing the personal information
of third parties from the scope of your request.
In addition, please note that if the decision maker decides that you are
liable to pay a charge in relation to your request then this timeframe is
extended pending payment of a deposit. You will be notified by the
Department if you are liable to pay a charge and/or if third party
consultation is required.
I would be grateful if you could respond to this email by COB Wednesday 21
August 2024 so that we may continue processing your request.
If you have any queries, please contact the FOI team on (02) 6289 4630, or
via email at [3][email address].
Kind regards,
Freedom of Information
Therapeutic Goods Administration
Australian Government Department of Health and Aged Care
T: 02 6289 4630 | E: [4][email address]
PO Box 100, Woden ACT 2606, Australia
Web: [5]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 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.
Dear FOI Team,
I agree to remove third parties' personal information from the scope of my request.
Yours sincerely,
CR
Dear CR
Please find attached correspondence in relation to your Freedom of
Information request.
IMPORTANT: Please include reference to FOI 5348 in your payment.
The decision maker is yet to make a decision on your request.
Should you wish to proceed with your request, you will note from the
attached letter that you are required to pay a deposit before the request
can be processed. If you do not pay the deposit within 30 days, your
request will be treated as withdrawn.
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,
Freedom of Information
Therapeutic Goods Administration
Australian Government Department of Health and Aged Care
T: 02 6289 4630 | E: [1][email address]
PO Box 100, Woden ACT 2606, Australia
Web: [2]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 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."
References
Visible links
1. mailto:[email address]
2. http://www.tga.gov.au/
Dear Freedom of Information Team,
I wish to contend that the charge has been wrongly assessed. My reasons are as follows.
In Emmanuel Freudenthal and Department of Foreign Affairs and Trade (Freedom of information) [2019] AICmr 15, the Information Commissioner stated at [46]:
“The FOI Guidelines explain that the ‘lowest reasonable cost’ objective should be interpreted broadly in imposing any charges under the FOI Act and that where the cost of calculating and collecting a charge might exceed the cost to the agency to process the request, it would generally be more appropriate not to impose a charge.”
Furthermore, she states:
“In assessing the costs of calculating and collecting a charge, agencies should also take into account the likely costs that may be incurred by the agency, as well as other review bodies, if the applicant decides to seek further review.”
These principles regarding cost assessment are further elaborated upon in subsequent decisions.
The legislative framework for charges and related aspects of the FOI Guidelines is discussed at length in the decision of 'ABX' and Department of Veterans' Affairs (Freedom of information) [2022] AICmr 57 (ABX).
In ABX, the applicant sought IC review of a decision of the Department of Veterans' Affairs (DVA) to impose a charge of $403.45 to process an FOI request. ABX considers whether a charge should be imposed where the cost to the Commonwealth of assessing, imposing and collecting the charge from the applicant might exceed the cost to DVA of processing the applicant's request (or the amount of the charge itself).
The FOI Commissioner explained at [3]:
“As a general rule, a charge should not be imposed in circumstances where the cost of assessing, imposing and collecting a charge is likely to be greater than the charge itself. In those circumstances, imposing a charge will generally only serve to delay or discourage access while incurring a net cost to the Commonwealth.”
In determining whether a charge should be imposed, the FOI Commissioner stated at [45]:
“Even if a charge could have been correctly imposed by reference to an actual cost of $291.68, the Department should have considered at the outset whether it was preferable to decide that the applicant was liable to pay a charge at all. The amount of that charge should have raised an obvious question in the minds of those considering its imposition – would it cost the Commonwealth an amount greater than the charge itself to assess and notify the charge, provide the applicant with procedural fairness, and collect the charge? The likely answer to that question would have been ‘yes’. In those circumstances, proceeding with a charge would likely only serve to delay access at a net financial cost to the Commonwealth. While the FOI Act and Charges Regulations would not, by their terms, have prevented the Department from deciding the applicant was liable to pay a charge, the preferable decision would have been to decide that the applicant was not liable to pay a charge.”
The FOI Commissioner accepted that, in the circumstances of the matter before him, the cost of calculating and collecting a charge might exceed the amount of the charge itself. He noted that the object set out in s 3(4) is not limited to the provision of access at the lowest reasonable cost, but also expresses a parliamentary intention that functions and powers under the FOI Act must be performed and exercised to facilitate and promote the prompt public access to information. The FOI Commissioner was satisfied that having regard to these considerations, and the public resource already applied in relation to the matter, warranted a decision that no charge be applied in the circumstances.
I also wish to bring to your attention recent IC Review decisions regarding whether a charge has been wrongly assessed.
In Paul Farrell and Services Australia (Freedom of information) [2023] AICmr 27 (Paul Farrell and Services Australia), the Department determined that the applicant is liable to pay a charge of $342.10 for processing the request. Services Australia submitted that ABX was inconsistent with the FOI Guidelines and previous decisions. The Information Commissioner extensively disputed the Department's submissions and addressed the implications of ABX at [35]-[45].
In this IC Review, the applicant had already made a deposit to progress the processing of their FOI request. As the bulk of the cost necessary to administer the charge had already been utilised and spent, this decision under review differs slightly. The Information Commissioner stated at [48]:
“This is notwithstanding that, in my view, a decision not to impose any charge would have been open, and probably would also have been the preferable decision to make, under s 29(4) had Services Australia approached the decision-making process differently.”
In CropLife Australia and Department of Agriculture, Fisheries and Forestry (Freedom of information) [2024] AICmr 159, the Department determined that the applicant is liable to pay a charge of $710 for processing the request.
The Assistant Commissioner, Freedom of Information, stated at [25]:
“I also note that in this case, there is a real possibility that the cost of calculating and collecting a charge might exceed the cost to the agency of processing the request, which would militate in favour of the waiver of the charge. As noted in ABX, in such circumstances, proceeding with a charge would likely only serve to delay access at a net financial cost to the Commonwealth.”
Given the extensive case law established by these recent decisions, I strongly urge you to reconsider whether your charge of $130.28 might incur a net financial cost to the Commonwealth. The Information Commissioner has consistently demonstrated a preference for waiving charges when their collection costs could potentially outweigh the processing costs, particularly in cases where the charges were significantly higher than mine: $291.68 in ABX, $342.10 in Paul Farrell and Services Australia, and $710 in CropLife Australia. I believe the same logic applies in this instance, and waiving the charge would align with the principles of fairness, efficiency, and promoting prompt public access to information.
Yours sincerely,
CR
Dear CR
I refer to previous correspondence regarding your FOI request 5348.
I write to advise that the decision maker has decided not to impose
charges for the processing of your FOI request.
As notified in the Estimate of Charges letter sent to you on 28 August
2024, the processing timeframe was suspended under section 31(2)(a)
between the time the charges were issued and receipt of a deposit/decision
on the waiver or reduction of fees. Accordingly, as the charges for
processing your request are not being imposed, the processing of your
request has recommenced.
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 the timeframe for
processing your request has been extended by 30 days to allow the
consultation process to be conducted.
The current due date for a decision in relation to your request is 12
November 2024.
If you have any questions or concerns, please don’t hesitate to contact
the FOI team.
Kind regards
Emily
Freedom of Information
Therapeutic Goods Administration
Australian Government Department of Health and Aged Care
T: 02 6289 4630 | E: [1][email address]
PO Box 100, Woden ACT 2606, Australia
Web: [2]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 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.