
OFFICIAL
Foifoi Mcgee
Email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Foifoi Mcgee
FREEDOM OF INFORMATION REQUEST FOI 26-2188
Request Consultation Process
1. I refer to your request dated 16 September 2025 under the
Freedom of Information Act 1982 (the
FOI Act) and subsequent correspondence between you and the TGA in which the scope of your
request was clarified as being for access to the following documents:
‘I would like documents, dated from 7 October 2023 to 16 September 2025, related to medicines
approved that originate from Israel.’
Please note: I have interpreted “originate” in the scope of your request to mean any step of the
manufacturing process has taken place in Israel.
Decision Maker
2. I am the Therapeutic Goods Administration (
TGA) officer authorised to make a decision on your
request under the FOI Act.
Requirement to undertake a request consultation process
3. I am writing to inform you that I believe the work involved in processing your request in its
current form would substantially and unreasonably divert the resources of the TGA from its
other operations due to its broad scope. This is called a ‘practical refusal reason’ (section 24AA).
4. On this basis, I intend to refuse access to the documents you requested. However, before I make a
final decision to do this, you have an opportunity to revise your request. This is called a ‘request
consultation process’ as set out under section 24AB of the FOI Act. You have 14 days to respond
to this notice in one of the ways set out below in paragraph 24.
Why I intend to refuse your request
5. For the reasons outlined in this letter, I am satisfied that, because of the number of potential
documents involved in your request, the number of possible third parties that would need to be
consulted, and the number of hours involved in considering exemptions and making a decision
on the documents as set out above, your request would substantially and unreasonably divert
staff in regulatory areas of the TGA who would be required to review and consider the
documents and any submissions provided by third parties on the documents, from the
performance of their day-to-day functions.
6. Under section 24(1)(b) of the FOI Act, a practical refusal reason exists in relation to a request for
documents if the request does not satisfy the requirements of section 15(2)(b) of the FOI Act.
7. Specifically, section 15(2)(b) of the FOI Act requires you to provide information concerning the
document as is reasonably necessary to enable a responsible officer of the agency to identify it.
PO Box 100 Woden ACT 2606 ABN 40 939 406 804
Phone: 1800 020 653 or 02 6289 4124 Fax: 02 6203 1605
Email:
xxxx@xxx.xxx.xx
https://www.tga.gov.au
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8. A copy of the sections of the FOI Act that set out the consultation process (sections 24, 24AA and
24AB) is at
Attachment A.
9. The TGA has now undertaken a preliminary search of products that potentially use a
manufacturing site in Israel. More specifically, the TGA conducted an analysis on the ARTG
dataset which indicated that there are over 2,000 product categories that may have an
association with a manufacturer site in Israel. Additionally, the TGA has identified over 400 third
parties that would require consultation to confirm whether these sites are used for any step in
the manufacturing process.
10. Under paragraph 24(1)(a) of the FOI Act, I as a decision maker must consult you if I am satisfied
that a “practical refusal reason” exists in relation to your request. A practical refusal reason exists
if the work involved in processing the request would substantially and unreasonably divert the
resources of the TGA from its other operations.
11. In deciding whether the processing of your request would involve a substantial and unreasonable
diversion of resources such that a practical refusal reason exists, I am required under subsection
24AA(2) of the FOI Act to consider the resources that would have to be used in the following
activities:
• identifying, locating and collating the documents;
• Identifying the manufacturers that would require consultation and preparing the
consultation packages;
• deciding whether to grant or refuse access to each document and/or to provide an edited
copy which would include examining each document and consulting with any person
(including those that I would be required to consult under the FOI Act);
• making a copy or edited copy of each document; and
• notifying any interim or final decision on the request (including to any third party consulted
in the event that a decision is made to give access to the document).
12. In coming to a view that a practical refusal reason exists in relation to your request, I have had
regard to the following:
• the correspondence from you dated 24 September 2025, including the scope of the FOI
request, and subsequent correspondence with the TGA relating to your request;
• the TGA has identified in excess of 2,000 products that have at least one step of manufacturer
at a site in Israel. This would mean the TGA has to individually review each product to
determine the potential association with a manufacturer in Israel;
• the need to prepare a schedule detailing all relevant documents;
• that each of the documents will likely contain business and/or personal information, in
relation to which, consideration would need to be given about whether an exemption should
be claimed and whether consultation with third parties is required, and, if so, preparation of
schedules for the third party detailing all relevant documents.
• the necessity for the TGA to review in excess of 2,000 products to determine whether there is
an association with a manufacturing site in Israel and the need to consult with over 400 third
parties regarding commercial y valuable information. As you would appreciate, the TGA
would need to write to each third party individually, attach copies of their documents and
consider the responses provided and any requested redactions. I would then need to make a
decision on these documents taking into account the third parties’ submissions. Also, if any
third parties objected to the release of documents and I disagreed with them, then I would
need to provide them with a decision.
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• the assumption that a substantial number of documents may be capable of being made
available (even if in edited form with exempt material redacted), the time taken to
appropriately edit each document and to make copies;
• that any decision letter would need to list each document in an attachment setting out the
outcome of the consideration of whether exemptions apply; and
• the need to prepare a potentially large number of third party decision letters and associated
schedules, should any third parties object to the proposed release of their information.
13. Considering these matters, I have calculated an estimate of the time required to process your
request. For that purpose, I have:
• considered the time required to undertake the consultation process with the potential third
parties;
• considered the time it wil take the relevant departmental business area to search through
over 2,000 product records and identify relevant third parties requiring consultation; and
• estimated how long it might take to process the substantial amount of possible documents.
14. The estimate of charges calculator has calculated that the processing of this request could take
over 800 hours. I consider that the number of third parties and potential documents that fall
within the scope of your request, combined with the fact that much of the information is
considered to be commercial y confidential information and the necessary consequential work
associated with considering whether the documents may be lawfully disclosed would have a
substantial unreasonable effect on the operations of the TGA.
15. In addition to this, there remains difficulties for the TGA to confirm if a manufacturer was used
for any step in the manufacturing process of these products. Consultation with the relevant
sponsor of this product would be required, and I draw your attention again to paragraph 9 of this
letter where the TGA has identified in excess of 400 sponsors requiring consultation. Sponsors
may have multiple manufacturers associated with their entry, however this does not mean they
have used the manufacturer for any step in the manufacturing process of their product.
Furthermore, a manufacturer may service hundreds of sponsors.
16. The work involved in processing this request would be an unreasonable diversion of the TGA’s
resources, including TGA officers engaged in the evaluation and assessment of medicines. As to
the critical work that these offices perform, I note that the evaluation and assessment of
applications for registration of medicines are required to be finalised within strict statutory
timeframes.
17. As you would appreciate, if these officers are required to consider large FOI requests, this diverts
their time and attention from undertaking their primary role as subject matter experts. In this
regard, the FOI Guidelines states that a relevant matter in deciding a practical refusal reason
exists is “the impact that processing a request may have on other work in the agency or
minister’s office, including FOI processing” (see paragraph 3.117 of the FOI Guidelines).
18. The time to review over 2,000 product records in detail to determine whether any of the
documents or parts of the documents could be characterised as exempt, and then redacting the
material, would be a substantial and unreasonable diversion of the TGA’s resources.
19. The TGA is required to consider whether there is a public interest in evidence supporting the
safety and efficacy of medicines approved from overseas manufacturers/sponsors. To a very
large degree that information is in the supporting regulatory documents, including the PI, and the
other information is publicly available as noted in the TGA’s email to you on 24 September 2025.
Therefore, I consider that insofar as any interest is served by the release of the documents in
question, that interest has already been met through the publication of these documents.
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20. I find that the balance of interests does not favour the expenditure of considerable resources by
the TGA. I am satisfied that the diversion of resources to provide documents in response to your
request is not reasonable.
Notification of request consultation process
21. As outlined above, I have decided to undertake a request consultation process in accordance with
section 24AB of the FOI Act and provide you with the opportunity to refine the scope of your
request.
22. Accordingly, you are now afforded 14 calendar days from your receipt of this letter in which to
contact the TGA to discuss a revision of the scope of your request. The processing time for your
request has been set aside to allow for the request consultation period.
23. Before the end of the 14-day consultation period, you must do one of the following:
• withdraw your request;
• make a revised request; or
• indicate that you do not wish to revise your request.
24. You may wish to consider the following suggestions to revise the scope of your FOI request
(please note that these are suggestions only and do not guarantee the practical refusal reason/s
will no longer exist):
• Limiting your request to a specific product or group of products.
25. Should you require further time to consider submitting a revised scope, you are welcome to
request an extension to the consultation period in writing to the TGA, in accordance with
subsection 24AB(5) of the FOI Act.
26. If you have not contacted the TGA within 14 days of receiving this letter to do one of the above or
consulted the TGA to discuss revising your scope, your request is taken to have been withdrawn.
27. If you wish to refine the scope of your request, you may contact the FOI team on
(02) 6289 4630 or
at xxxxxx@xxxxxx.xxx.xx.
28. Please note that if you indicate that you do not wish to revise your request or revise your request
in such a way that I am still of the view that processing it would substantially and unreasonably
divert TGA resources from other operations, I may refuse your request under paragraph 24(1)(b)
of the FOI Act.
Yours sincerely
Authorised and electronically signed by
Delegated FOI Decision Maker
Freedom of Information Team
Therapeutic Goods Administration
16 October 2025
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Attachment A
Freedom of Information Act 1982
24 Powers to refuse request—diversion of resources etc.
(1) If an agency or Minister is satisfied, when dealing with a request for a document, that a practical
refusal reason exists in relation to the request (see section 24AA), the agency or Minister:
(a) must undertake a request consultation process (see section 24AB); and
(b) if, after the request consultation process, the agency or Minister is satisfied that the
practical refusal reason still exists—the agency or Minister may refuse to give access to the
document in accordance with the request.
(2) For the purposes of this section, the agency or Minister may treat 2 or more requests as a single
request if the agency or Minister is satisfied that:
(a) the requests relate to the same document or documents; or
(b) the requests relate to documents, the subject matter of which is substantially the same.
24AA When does a practical refusal reason exist?
(1) For the purposes of section 24, a practical refusal reason exists in relation to a request for a
document if either (or both) of the following applies:
(a) the work involved in processing the request:
(i) in the case of an agency—would substantially and unreasonably divert the resources of the
agency from its other operations; or
(ii) in the case of a Minister—would substantially and unreasonably interfere with the
performance of the Minister’s functions;
(b) the request does not satisfy the requirement in paragraph 15(2)(b) (identification of
documents).
(2) Subject to subsection (3), but without limiting the matters to which the agency or Minister may
have regard, in deciding whether a practical refusal reason exists, the agency or Minister must have
regard to the resources that would have to be used for the following:
(a) identifying, locating or collating the documents within the filing system of the agency, or
the office of the Minister;
(b) deciding whether to grant, refuse or defer access to a document to which the request
relates, or to grant access to an edited copy of such a document, including resources that would
have to be used for:
(i) examining the document; or
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(ii) consulting with any person or body in relation to the request;
(c) making a copy, or an edited copy, of the document;
(d) notifying any interim or final decision on the request.
(3) In deciding whether a practical refusal reason exists, an agency or Minister must not have regard
to:
(a) any reasons that the applicant gives for requesting access; or
(b) the agency’s or Minister’s belief as to what the applicant’s reasons are for requesting
access; or
(c) any maximum amount, specified in the regulations, payable as a charge for processing a
request of that kind.
24AB What is a request consultation process?
Scope
(1) This section sets out what is a
request consultation process for the purposes of section 24.
Requirement to notify
(2) The agency or Minister must give the applicant a written notice stating the following:
(a) an intention to refuse access to a document in accordance with a request;
(b) the practical refusal reason;
(c) the name of an officer of the agency or member of staff of the Minister (the
contact
person) with whom the applicant may consult during a period;
(d) details of how the applicant may contact the contact person;
(e) that the period (the
consultation period) during which the applicant may consult with
the contact person is 14 days after the day the applicant is given the notice.
Assistance to revise request
(3) If the applicant contacts the contact person during the consultation period in accordance with
the notice, the agency or Minister must take reasonable steps to assist the applicant to revise the
request so that the practical refusal reason no longer exists.
(4) For the purposes of subsection (3),
reasonable steps includes the following:
(a) giving the applicant a reasonable opportunity to consult with the contact person;
(b) providing the applicant with any information that would assist the applicant to revise the
request.
Extension of consultation period
(5) The contact person may, with the applicant’s agreement, extend the consultation period by
written notice to the applicant.
Outcome of request consultation process
(6) The applicant must, before the end of the consultation period, do one of the following, by written
notice to the agency or Minister:
(a) withdraw the request;
(b) make a revised request;
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(c) indicate that the applicant does not wish to revise the request.
(7) The request is taken to have been withdrawn under subsection (6) at the end of the consultation
period if:
(a) the applicant does not consult the contact person during the consultation period in
accordance with the notice; or
(b) the applicant does not do one of the things mentioned in subsection (6) before the end of
the consultation period.
Consultation period to be disregarded in calculating processing period
(8) The period starting on the day an applicant is given a notice under subsection (2) and ending on
the day the applicant does one of the things mentioned in paragraph (6)(b) or (c) is to be disregarded
in working out the 30 day period mentioned in paragraph 15(5)(b).
Note: Paragraph 15(5)(b) requires that an agency or Minister take all reasonable steps to notify an
applicant of a decision on the applicant’s request within 30 days after the request is made.
No more than one request consultation process required
(9) To avoid doubt, this section only obliges the agency or Minister to undertake a request
consultation process once for any particular request.
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Document Outline