Date: Thu, 24 Jun 2021 10:43:36 +1000
Subject: Re: FOI 2438 Scope clarification [SEC=OFFICIAL]
From: Lucy Lovich <[FOI #7376 email]>
To: TGA FOI <[email address]>

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
 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. 

  

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