TRIM Ref
: D22-5018419
Jaay-H
Email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Jaay-H
FREEDOM OF INFORMATION REQUEST FOI 3520
Estimate of Charges
1. I refer to your request dated 17 December 2021 under the
Freedom of Information Act
1982 (the FOI Act) for access to the following documents:
“The Australian public have a right to know the number of serious adverse events
reported fol owing covid-19 vaccine injections. The public interest underpinning this
request is clear and profound.
The department and TGA are not disclosing this information of their own volition and
it is more than reasonable to contend that the public may require this information to
make informed decisions and to provide informed consent. Please accept this request
for information in accordance with the FOI Act.
a) Please provide a document recording the number of serious adverse events reported
fol owing covid-19 vaccine injection correct up until 17 December 2021.
b) Please also provide a document recording the number of serious adverse events
reported in persons under the age of 18 correct up until 17 December 2021.
I contend that the public interest is sufficient for the agency to release these documents
without charge.”
2. Under the FOI Act, before a charge is imposed in respect of an FOI request, I am
required to notify you of certain matters including the amount of the estimated charge
and the grounds upon which you can request that a charge not be imposed. I am
writing to notify you of those matters. I note that you have already requested that the
charge be waived. However, as I have not yet notified you of the relevant matters, I
will separately consider your request for a waiver after you have had an opportunity
to consider those matters (which are detailed below) and provide any further
submissions or information that you may wish to provide.
PO Box 100 Woden ACT 2606 ABN 40 939 406 804
Phone: 1800 020 653 or 02 6232 8644 Fax: 02 6232 8112
Emai
l: xxxx@xxx.xxx.xx
https://www.tga.gov.au
3. Under the
Freedom of Information (Charges) Regulations 2019 (the Regulations) a
charge can be imposed in respect of a request for access to documents under the FOI
Act. The charge is for the search and retrieval of documents, decision making and
provision of access (for example, copying and postage).
4. I am an authorised decision maker under section 23 of the FOI Act and I have decided
that you are liable to pay a charge in respect of the processing of your request for
access (however, as noted above, I will consider separately your request that the
charge should be waived after you have had an opportunity to provide any further
submissions or information).
5. A search and retrieval of documents relevant to your request has been undertaken and
a preliminary estimate of charges has been calculated. It is set out in the table below.
1. Search and retrieval time (including 1 hour @ $15.00 per hour
$15.00
time spent locating relevant files and
collating relevant documents
contained on those files)
2. Decision making time (including
4.06 hours @ $20.00 per hour
time spent examining the
L ess first 5 hours which are free
$0.00
documents, considering exemptions,
undertaking consultation, writing
the decision and preparing any
documents for release)
3. Postage charges
$0.00
TOTAL
$15.00
Deposit required
$15.00
6. Under the Regulations where a charge is imposed and is less than $25.00, the full
amount may be sought. Based on the preliminary estimate of charges for your request
which is $15.00, I have decided you are required to pay the full amount of $15.00.
Details of payment methods are outlined below.
7. Under subsection 29(1) of the FOI Act, I am required to notify you that you have 30
calendar days from receipt of this notice to do one of the following:
• pay the charge, being the deposit outlined above, and notify the FOI Team via the
email below; or
• notify the TGA that you wish to contend that:
- the charge has been wrongly assessed, giving reasons; or
- the charge should be reduced or not imposed (for instance, where payment of
the charge would cause you financial hardship or where you believe access to
documents is in the general public interest), with reasons; or
• notify the TGA that you withdraw your request.
8. Please note, should you seek a reduction or waiver of charges on the grounds of
financial hardship it would assist the decision maker considering your request if you
provide suitable evidence of financial hardship (for example, by providing evidence of
receipt of a pension or income support payment; or provide evidence of income, debts
or assets). This is consistent with the FOI Guidelines
https://www.oaic.gov.au/freedom-of-information/foi-guidelines/part-4-charges-for-
providing-access. Evidence should be provided at the time of seeking waiver or
reduction.
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9. If you fail to notify the TGA within 30 days about what you propose to do, the FOI Act
provides under subsection 29(2) that you are taken to have withdrawn your request.
Timeframes
10. The time limit for processing your request is suspended, in accordance with section 31
of the FOI Act, from the date you receive this notice and resumes on the day you pay
the charge or deposit (including any reduced charge or deposit), or the day on which
the TGA makes a decision not to impose a charge.
11. Once your FOI request has been processed, the TGA will determine the actual charge
you must pay before the documents can be provided to you. The final charge for
processing your request may be different from the estimate quoted in this letter. If I
decide to grant full access to all the documents within the scope of your request, you
must pay the actual charges for the time and disbursements involved in processing
your request ascertained in accordance with the table set out above (which may be
greater or less than the estimate). However, if you are only granted partial access to
the documents you will only be required to pay whichever amount is the lesser of the
estimate quoted in this letter and the actual charges.
12. Please note that the decision maker can make a decision to charge for search and
retrieval that the TGA has already undertaken for the purposes of your request in its
current form, but it may be possible to reduce the decision making and photocopying
charges that might be incurred by the TGA in the future if you refine the scope of your
request, for example, by limiting the date range of documents sought or excluding a
particular category of documents.
13. If you agree to pay the charge, you are accepting liability for settlement of the debt
upon completion of processing the FOI request. Once your FOI request has been
processed, the outstanding amount of the charge becomes a debt to the
Commonwealth. The TGA is obliged to pursue recovery of the debt in accordance with
the
Public Governance, Performance and Accountability Act 2013.
Payment
14. If you accept liability for the estimated charge for your request, payment can be made
via one of the following options:
•
Credit card payment:
Complete the credit card payment authorisation form provided with this
correspondence
•
Electronic Funds Transfer:
Payment can be made in the form of electronic funds transfer to the following account:
Bank: Commonwealth Bank of Australia
Account Name: Therapeutic Goods Administration
BSB: 062909
Account: 10215498
•
Cheque:
Please make cheques payable to Therapeutic Goods Administration, and post to
FOI Coordinator
Therapeutic Goods Administration
PO Box 100
WODEN ACT 2606
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Please include reference to FOI 3520 in all forms of payment.
15.
IMPORTANT: Once payment has been made, please notify the FOI Team via the
following email address:
xxx.xxx@xxx.xxx.xx.
16. Failure to notify the FOI Team of payment may result in delays to the processing of
your FOI request.
Third Party Consultation
17. In the event your request relates to documents that include information about a
person or their business or professional affairs or about the business, commercial or
financial affairs of an organisation or undertaking, pursuant to section 27 and 27A of
the FOI Act the TGA will be required to provide that person or organisation the
opportunity to make submissions if it appears that they may wish to argue any
document is exempt from release.
18. The statutory time limit for processing an FOI request will be extended by 30 days
under subsection 15(6) of the FOI Act where a third party is to be consulted.
19. If you require clarification of any of the matters discussed in this letter, please contact
the FOI Team on (02) 6289 4630.
Yours sincerely
Signed electronical y
Dr Claire Larter
Director
Pharmacovigilance Branch
Therapeutic Goods Administration
10 January 2022
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