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13 December 2021
Private and Confidential
David Buckley PhD
By email only: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Dr Buckley
Decision about your request for documents
I am writing about your request for documents
1 in your email of 15 October 2021.
As an authorised decision maker,
2 this letter sets out a summary of my decision and outlines:
3
•
a summary of your request
•
a list of the materials used to reach the decision
•
the reasons for the decision, and
•
information about your review rights.
The detail of my reasons is set out in the attachment to this letter.
Your request
As you’ll know, we wrote to you on 28 October 2021 to provide you with information about the FOI
process and to acknowledge that we would consider your request for the following documents:
Please provide the recorded audio and visual proceedings of the online forums conducted by
Pharmacy Board Australia at 0900am and 1pm on 29/09/21.
Subsequent to this, on 15 November 2021, we emailed you advising that because some of the
documents you had reqested contained information received from third parties, consultation was
required in order to obtain those third parties’ views.
At this time, we explained that we were required to make a decision by
Tuesday, 14 December
2021.
How I made my decision
In reaching my decision I referred to:
1 Made under under the
Freedom of Information Act 1982 (Cth).
2 Under section 23 of the
Freedom of Information Act 1982 (Cth).
3 In accordance with section 26 of the
Freedom of Information Act 1982 (Cth).
Australian Health Practitioner Regulation Agency | National Boards
GPO Box 9958 Melbourne VIC 3001 Ahpra.gov.au 1300 419 495
Ahpra and the National Boards regulate these registered health professions: Aboriginal and Torres Strait Islander health practice, Chinese
medicine, chiropractic, dental, medical, medical radiation practice, midwifery, nursing, occupational therapy, optometry, osteopathy,
paramedicine, pharmacy, physiotherapy, podiatry and psychology.
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•
the terms of your request
•
the documents relevant to the request
•
the FOI Act
•
the Health Practitioner Regulation National Law, as enforced in each state and territory (the
National Law)
•
FOI Guidelines issued by the Australian Information Commissioner
•
Consultation responses from third parties
Documents I can release
Having considered your request, I have identified 3 documents that the Australian Health Practitioner
Regulation Agency (Ahpra) holds in relation to your request. Specifically, these are documents
relating to the Pharmacy Board of Australia’s online forum regarding compounding of medicines,
which was held on 29 September 2021. The documents themselves are the PowerPoint slides of the
presentation and the audio-visual recordings of the two sessions.
My decision is that all 3 documents should be released to you in full.
Charges
No charges have been imposed for processing your request.
Review rights
Although I have granted full access to the relevant documents, you can ask for the decision to be
reviewed if for example, you believe that there are further documents I have not identified.
Review of this decision by Ahpra
You may apply to Ahpra for a review of this decision.
4 Your application must be made by whichever
date is the later between:
•
30 days of you receiving this notice, or
•
15 days of you receiving the documents to which you have been granted access.
This review would not be conducted by me. To apply, it would help your case to explain why you
believe the original decision is not correct.
An application for a review of the decision should be addressed to:
Mailing address:
Mr Robert Green
Senior Legal Adviser
Ahpra
GPO Box 9958
MELBOURNE VIC 3001
Email address:
xxx@xxxxx.xxx.xx
If you choose to seek a review and disagree with that decision, you would subsequently have a right
to apply to the National Health Practitioner Privacy Commissioner (the Commissioner) for a review of
our decision. However, if you wish, you may choose to instead apply directly for review of this
decision to the Commissioner, as I describe below.
4 Under section 54 of the
Freedom of Information Act 1982 (Cth).
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Review by the Commissioner
You can apply to the Commissioner to review an FOI decision made by Ahpra.
5 Your application
must be made within 60 days of receiving our decision.
The Commissioner is an independent office holder who may review decisions of Ahpra under the FOI
Act. You can contact them to seek review of this decision at the details listed below. An FOI review
application form is available on the National Health Practitioner Ombudsman (the Ombudsman)
website:
https://nhpo.gov.au/
Complaints about the way we’ve managed your matter
If you want to provide feedback or make a complaint about Ahpra or a National Board then you can
contact our Complaints and Feedback team. Information about how to do this can be found on our
website:
https://www.ahpra.gov.au/About-AHPRA/Complaints.aspx
If you’re unhappy with our response to your complaint, you can contact the Ombudsman. Their
details are:
Mailing address:
National Health Practitioner Ombudsman
GPO Box 2630
MELBOURNE VIC 3001
Email address:
xxxxxxxxxx@xxxx.xxx.xx
Telephone enquiries: 1300 795 265
Contact
If you have any questions about anything in this letter or in the attachment, please contact me on 07
3149 4767 or
xxx@xxxxx.xxx.xx. If you do this, please tell me the reference number below.
Yours sincerely
Matthew Reghenzani
Senior Freedom of Information Officer
National Information Release Unit
Reference Number:
FOI33602
5 Under section 54L of the
Freedom of Information Act 1982 (Cth).
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