Dear Ms Dolman

I am writing regarding your recent email to the Department of Health on 3
July 2024 (attached), in which you requested:

‘I would appreciate information as to which vaccinations held a black
warning triangle on the insert over the last 50 years.’

At the outset, I note that your request is not valid under the FOI Act as
the purpose of the FOI Act is to provide access to documents, not to
answer specific questions.

Accessing documents via the National Archives

For your information, section 12(a) of the Freedom of Information Act (FOI
Act) relevantly provides that a person is not entitled to seek access to a
document, or a copy of a document, which falls under the Archives Act 1983
(Archives Act) within the open access period. Some of the documents that
you have requested may fall within the open access period, and will
therefore fall under the jurisdiction of the National Archives.

As a courtesy I am writing to you to inform you that the search and
retrieval conducted by the Therapeutic Goods Administration (TGA) with
respect to your request will be limited to documents currently in the
TGA's custody and not excluded under section 12(a) of the FOI Act.  Access
to documents falling outside this period (those older than 20 years) will
need to be arranged under the Archives Act through the National Archives.
 

If you wish to obtain access to earlier records, you will need to do so
under the Archives Act. Even where some of the records you are seeking may
be in the physical possession of the TGA, it is still necessary to apply
for them under the Archives Act.  Archives will then retrieve any relevant
records from the TGA for the purpose of considering your request for
access to the records.

The following information may be useful to you in understanding when to
apply for documents/records under the FOI Act and when to apply under the
Archives Act:

o When to use the Freedom of Information, Archives and Privacy Acts –
Fact sheet 110
[1]http://www.naa.gov.au/collection/fact-sh...
o Access to records under the Archives Act – Fact sheet 10 -
[2]http://www.naa.gov.au/collection/fact-sh...

Making FOI requests to the TGA

In addition to the above, you may not be aware that the TGA has recently
implemented a new streamlined online form for submitting an FOI request.
Use of this form will greatly reduce subsequent follow-up emails to
clarify aspects of your request.

Please go to the TGA website at the following link to submit your request,
noting that you will need to request documents, not information:
[3]Freedom of information (FOI) | Therapeutic Goods Administration (TGA) -
Submit an FOI request

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

Kind regards

Emilee

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. 

"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. http://www.naa.gov.au/collection/fact-sh...
2. http://www.naa.gov.au/collection/fact-sh...
3. https://www.tga.gov.au/about-tga/legisla...
4. mailto:[email address]
5. http://www.tga.gov.au/