TRIM Ref: D21-2782536
Ms Lucy Lovich
Dear Ms Lovich,
FREEDOM OF INFORMATION REQUEST FOI
Request Consultation Process
I refer to your request dated 3 June 2021 under the Freedom of Information Act 1982
(the FOI Act
access to the following documents:
“Document which shows the number of FOI requests over 30 days old that relate to
COVID19 between 1 February 2020 to today.”
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
Under paragraph 24(1)(a) of the FOI Act, as a decision maker I must consult you if I am satisfied that a
“practical refusal reason” exists in relation to your request. A practical refusal reason exists if a request
does not satisfy the requirements of paragraph 15(2)(b) (identification of documents).
Paragraph 15(2)(b) states that a request for access must provide such information concerning the
document as is reasonably necessary to enable a responsible officer of an agency to identify it.
On 21 June 2021, the TGA FOI team wrote to you seeking clarification of the scope of your request.
Specifically, you were provided with information relating to the timeframes associated with
processing FOI requests, and an explanation as to the circumstances where an FOI request may not be
finalised within a 30-day period. The TGA did not receive a response from you and therefore it
remains unclear which documents you seek access to.
A copy of the sections of the FOI Act that set out the consultation process (sections 24, 24AA and
24AB) is at Attachment A
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 3 June 2021, including the terms of the FOI request;
discussions with the relevant line area surrounding the scope of your request; and
our correspondence to you dated 21 June 2021, seeking scope clarification to which no
response was received.
Notification of request consultation process
I am notifying you of my intention to refuse your request.
PO Box 100 Woden ACT 2606 ABN 40 939 406 804
Phone: 02 6232 8444 Fax: 02 6232 8605 Email: firstname.lastname@example.org www.tga.gov.au
I am satisfied that your request does not meet the requirements of Section 15 of the FOI Act as the
scope of your request does not allow the TGA to identify the documents you seek access to.
Before deciding to refuse access to documents, I am required under paragraph 24(1)(a) of the FOI Act
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.
Accordingly, you are now afforded fourteen (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.
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.
You may wish to consider the following suggestion to revise the scope of your FOI request (please note
that this is a suggestion only and does not guarantee the practical refusal reason will no longer exist):
“Document which shows the number of FOI requests over 30 days old where a decision was not made
within the legislated timeframe (known as a deemed refusal decision under section 15AC of the FOI
Act) that relate to COVID19 between 1 February 2020 and today.”
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 its scope, your request is taken to have been withdrawn.
If you wish to refine the scope of your request, you may contact the FOI team on (02) 6289 4630 or at
Please note that if you indicate that you do not wish to revise your request or revise your request in
such a way to enable a responsible officer of an agency to identify it, I may refuse your request under
paragraph 24(1)(b) of the FOI Act.
Authorised and electronically signed by
Regulatory Engagement, Education and Planning Branch
Therapeutic Goods Administration
1 July 2021