TRIM: D22-5057085
Jaay-H
via Right to Know
Email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Jaay
FREEDOM OF INFORMATION REQUEST FOI 3539
Notice of Decision
I refer to your request dated 14 January 2022 under the
Freedom of Information Act 1982 (the FOI Act)
for access to the following documents:
“
Under the Commonwealth FOI Act, I request access to position descriptions for the following
members of the Health Products Regulations Group (HPRG):
a. Deputy Secretary, Adjunct Prof John Skerritt b. Principal Legal and Policy Adviser, Jenny
Francis c. First Assistant Secretary, Medicines Regulation Division, Dr Jane Cook d. First Assistant
Secretary, Medical Devices and Product Quality Division, Tracey Duffy e. First Assistant Secretary
Regulatory Practice and Support Division, Gillian Mitchell.
A position description is a key document related to the employment of each Australia public
servant. The document describes the job title, APS classification, position number, position reports
to, and location relevant to the employment position. The document general y describes things
like the position's primary purpose, selection criteria, essential requirements/job specific
capabilities, key duties and responsibilities.
Excluding personal information.”
Decision Maker
I am the Therapeutic Goods Administration (TGA) officer authorised to make this decision under
section 23 of the FOI Act. What follows is my decision under the FOI Act.
Scope of the FOI request
The TGA has identified five (5) documents fal ing within the scope of your request.
Material Considered in Decision-Making
In coming to my decision I had regard to the following:
• the correspondence between the TGA and yourself;
• the documents falling within the scope of the FOI request
• the provisions of the FOI Act, in particular section 22 of the FOI Act; and
• the guidelines issued by the Office of the Australian Information Commissioner (OAIC)
under section 93A of the FOI Act.
PO Box 100 Woden ACT 2606 ABN 40 939 406 804
Phone: 02 6232 8444 Fax: 02 6232 8605 Email: xxxx@xxx.xxx.xx www.tga.gov.au
Decision
My decision in relation to the documents falling within the scope of your FOI request is to release five
documents in full.
My decision not to provide you with full access to the documents is based on the application of
section 22 of the FOI Act.
Reasons for Decision
Relevant Documents
Five documents have been identified as relevant to your request. A schedule listing the documents
identified as falling within the scope of your request is at
Attachment A.
The schedule indicates for each document my decision to release them in full. The schedule refers to
the exemption provisions which are claimed to apply to each document.
Under subsection 22 of the FOI Act, irrelevant information has been redacted from the documents as it
is considered to be outside the scope of your request.
The reason for the application of section 22 (irrelevant information) to the documents in issue are set
out in detail below. A copy of the relevant provision of the FOI Act is at
Attachment B.
Subsection 22(1): Documents containing information that is irrelevant to the FOI request
The effect of subsection 22(1) of the FOI Act is that where the granting of access to a document would
disclose information that is not within the scope of the request and it is possible to provide a copy with
information deleted, the agency can do so unless it is evident that the applicant does not wish to be
provided access to such a copy. A copy of subsection 22(1) is at
Attachment B.
The relevant documents contain information that does not fall within the scope of your FOI request.
Specifically, the documents contain personal information including individual’s phone numbers and
email addresses, which you confirmed are not part of your request.
I consider that to provide you with full access to the documents would disclose the above information
that does not fall within the scope of your FOI request. Accordingly, I have decided that the irrelevant
information will be deleted under section 22(1) of the FOI Act and a copy of the documents, with the
irrelevant information deleted, will be provided to you.
Release of Documents
As the TGA has agreed not to impose charges for the processing of your FOI request, the documents
are now being released to you.
Review and Complaint Rights
If you are not satisfied with this decision, you can either seek internal review or apply to the OAIC for
review of the decision. Further information can be found on the OAIC website at the following link:
www.oaic.gov.au/freedom-of-information/reviews-and-complaints/
If you have any queries regarding this matter, please contact the FOI Team on (02) 6289 4630.
Yours sincerely
Authorised and electronically signed by
Daniel Flood
Director
Regulatory Engagement Branch
Therapeutic Goods Administration
17 January 2022
2
ATTACHMENT A
FOI Request 3539 (resubmission of 3363) in relation to HPRG Group Details
The request is for the following:
“Under the Commonwealth FOI Act, I request access to position descriptions for the following members of the Health Products Regulations Group
(HPRG):
a. Deputy Secretary, Adjunct Prof John Skerritt b. Principal Legal and Policy Adviser, Jenny Francis c. First Assistant Secretary, Medicines Regulation
Division, Dr Jane Cook d. First Assistant Secretary, Medical Devices and Product Quality Division, Tracey Duffy e. First Assistant Secretary Regulatory
Practice and Support Division, Gil ian Mitchell.
A position description is a key document related to the employment of each Australia public servant. The document describes the job title, APS
classification, position number, position reports to, and location relevant to the employment position. The document generally describes things like the
position's primary purpose, selection criteria, essential requirements/job specific capabilities, key duties and responsibilities.
Excluding personal information.”
Schedule of Relevant Documents
Doc. Author
Addressee Date
Description
Pages Decision
Relevant
No.
Sections of the
Act
1
TGA
TGA
7/02/21
HPRG Medicines Regulation Division job
6
Release in full
description (FAS MRD)
2
TGA
TGA
7/02/21
HPRG Principal Legal and Policy Adviser job 5
Release in full
description
3
TGA
TGA
24/01/201 FAS Bulk round job description (FAS RPSD)
9
Release in full
s22
8
4
Dept of
Public
Oct 2018
Position Description for recruitment process 7
Release in full
s22
Health
for FAS MRD role that was used to appoint
and
FAS MDPQD
Ageing
Doc. Author
Addressee Date
Description
Pages Decision
Relevant
No.
Sections of the
Act
5
Dept of
Public
January
Candidate Information – TGA National
12
Release in full
s22
Health
2012
Manager
and
Ageing
4
ATTACHMENT B
Freedom of Information Act 1982
11A Access to documents on request
(5) The agency or Minister must give the person access to the document if it is
conditional y exempt at a particular time unless (in the circumstances) access to the
document at that time would, on balance, be contrary to the public interest.
Note 1: Division 3 of Part IV provides for when a document is conditional y
exempt.
Note 2: A conditionally exempt document is an exempt document if access to the
document would, on balance, be contrary to the public interest (see
section 31B (exempt documents for the purposes of Part IV)).
Note 3: Section 11B deals with when it is contrary to the public interest to give a
person access to the document.
22 Deletion of exempt matter or irrelevant material
(1) Where:
(a) an agency or Minister decides:
(i) not to grant a request for access to a document on the ground that it is an
exempt document; or
(ii) that to grant a request for access to a document would disclose
information that would reasonably be regarded as irrelevant to that
request; and
(b) it is possible for the agency or Minister to make a copy of the document with
such deletions that the copy:
(i) would not be an exempt document; and
(ii) would not disclose such information; and
(c) it is reasonably practicable for the agency or Minister, having regard to the
nature and extent of the work involved in deciding on and making those
deletions and the resources available for that work, to make such a copy;
the agency or Minister shall, unless it is apparent from the request or as a result of
consultation by the agency or Minister with the applicant, that the applicant would
not wish to have access to such a copy, make, and grant access to, such a copy.
(2) Where access is granted to a copy of a document in accordance with subsection (1):
(a) the applicant must be informed:
(i) that it is such a copy; and
(ii) of the ground for the deletions; and
(iii) if any matter deleted is exempt matter because of a provision of this
Act—that the matter deleted is exempt matter because of that provision;
and
(b) section 26 does not apply to the decision that the applicant is not entitled to
access to the whole of the document unless the applicant requests the agency
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ATTACHMENT B
or Minister to furnish to him or her a notice in writing in accordance with that
section.
27 Consultation—business documents
Scope
(1) This section applies if:
(a) a request is made to an agency or Minister for access to a document containing
information (
business information) covered by subsection (2) in respect of a
person, organisation or undertaking; and
(b) it appears to the agency or Minister that the person, organisation or
proprietor of the undertaking (the
person or organisation concerned) might
reasonably wish to make a contention (the
exemption contention) that:
(i) the document is exempt under section 47 (trade secrets etc.); or
(ii) the document is conditionally exempt under section 47G (business
information) and access to the document would, on balance, be contrary
to the public interest for the purposes of subsection 11A(5).
Note: Access must general y be given to a conditionally exempt document
unless it would be contrary to the public interest (see section 11A).
(2) This subsection covers the following information:
(a) in relation to a person—information about the person’s business or
professional affairs;
(b) in relation to an organisation or undertaking—information about the business,
commercial or financial affairs of the organisation or undertaking.
(3) In determining, for the purposes of paragraph (1)(b), whether the person or
organisation concerned might reasonably wish to make an exemption contention
because of business information in a document, the agency or Minister must have
regard to the following matters:
(a) the extent to which the information is well known;
(b) whether the person, organisation or undertaking is known to be associated
with the matters dealt with in the information;
(c) the availability of the information from publicly accessible sources;
(d) any other matters that the agency or Minister considers relevant.
Opportunity to make submissions
(4) The agency or Minister must not decide to give access to the document unless:
(a) the person or organisation concerned is given a reasonable opportunity to
make submissions in support of the exemption contention; and
(b) the agency or the Minister has regard to any submissions so made.
(5) However, subsection (4) only applies if it is reasonably practicable for the agency or
Minister to give the person or organisation concerned a reasonable opportunity to
make submissions in support of the exemption contention, having regard to all the
circumstances (including the application of subsections 15(5) and (6) (time limits
for processing requests)).
Notice of decision to give access
(6) If the agency or Minister decides to give access to the document, the agency or
Minister must give written notice of the decision to both of the following:
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ATTACHMENT B
(a) the person or organisation concerned;
(b) the applicant.
Access not to be given until review or appeal opportunities have run out
(7) However, the agency or Minister must not give the applicant access to the document
unless, after all the opportunities of the person or organisation concerned for
review or appeal in relation to the decision to give access to the document have run
out, the decision to give access still stands, or is confirmed.
Note 1: The decision to give access to the document is subject to internal review
(see Part VI), review by the Information Commissioner (see Part VII) and
review by the Tribunal (see Part VIIA).
Note 2: For when all opportunities for review or appeal in relation to the decision
to give access to the document have
run out, see subsection 4(1).
Notice and stay of decision not to apply unless submission made in support of
exemption contention
(8) Subsections (6) and (7) do not apply unless the person or organisation concerned
makes a submission in support of the exemption contention as al owed under
paragraph (4)(a).
Edited copies and business information
(9) This section applies:
(a) in relation to an edited copy of a document—in the same way as it applies to
the document; and
(b) in relation to a document containing business information—to the extent to
which the document contains such information.
27A Consultation—documents affecting personal privacy
Scope
(1) This section applies if:
(a) a request is made to an agency or Minister for access to a document containing
personal information about a person (including a person who has died); and
(b) it appears to the agency or Minister that the person or the person’s legal
personal representative (the
person concerned) might reasonably wish to
make a contention (the
exemption contention) that:
(i) the document is conditionally exempt under section 47F; and
(ii) access to the document would, on balance, be contrary to the public
interest for the purposes of subsection 11A(5).
Note: Access must general y be given to a conditionally exempt document
unless it would be contrary to the public interest (see section 11A).
(2) In determining, for the purposes of paragraph (1)(b), whether the person
concerned might reasonably wish to make an exemption contention because of
personal information in a document, the agency or Minister must have regard to the
following matters:
(a) the extent to which the information is well known;
(b) whether the person to whom the information relates is known to be (or to
have been) associated with the matters dealt with in the information;
(c) the availability of the information from publicly accessible sources;
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ATTACHMENT B
(d) any other matters that the agency or Minister considers relevant.
Opportunity to make submissions
(3) The agency or Minister must not decide to give the applicant access to the document
unless:
(a) the person concerned is given a reasonable opportunity to make submissions
in support of the exemption contention; and
(b) the agency or the Minister has regard to any submissions so made.
(4) However, subsection (3) only applies if it is reasonably practicable for the agency or
Minister to give the person concerned a reasonable opportunity to make
submissions in support of the exemption contention, having regard to all the
circumstances (including the application of subsections 15(5) and (6) (time limits
for processing requests)).
Decision to give access
(5) If the agency or Minister decides to give access to the document, the agency or
Minister must give written notice of the decision to both of the following:
(a) the person concerned;
(b) the applicant.
Access not to be given until review or appeal opportunities have run out
(6) However, the agency or Minister must not give the applicant access to the document
unless, after all the opportunities of the person concerned for review or appeal in
relation to the decision to give access to the document have run out, the decision to
give access still stands, or is confirmed.
Note 1: The decision to give access to the document is subject to internal review
(see Part VI), review by the Information Commissioner (see Part VII) and
review by the Tribunal (see Part VIIA).
Note 2: For when all opportunities for review or appeal in relation to the decision
to give access to the document have
run out, see subsection 4(1).
Notice and stay of decision not to apply unless submission made in support of
exemption contention
(7) Subsections (5) and (6) do not apply unless the person concerned makes a
submission in support of the exemption contention as allowed under
paragraph (3)(a).
Edited copies and personal information
(8) This section applies:
(a) in relation to an edited copy of a document—in the same way as it applies to
the document; and
(b) in relation to a document containing personal information—to the extent to
which the document contains such information.
33 Documents affecting national security, defence or international relations
A document is an exempt document if disclosure of the document under this Act:
(a) would, or could reasonably be expected to, cause damage to:
(i) the security of the Commonwealth;
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ATTACHMENT B
(ii) the defence of the Commonwealth; or
(iii) the international relations of the Commonwealth; or
(b) would divulge any information or matter communicated in confidence by or
on behalf of a foreign government, an authority of a foreign government or an
international organization to the Government of the Commonwealth, to an
authority of the Commonwealth or to a person receiving the communication
on behalf of the Commonwealth or of an authority of the Commonwealth.
37 Documents affecting enforcement of law and protection of public safety
(1) A document is an exempt document if its disclosure under this Act would, or could
reasonably be expected to:
(a) prejudice the conduct of an investigation of a breach, or possible breach, of the
law, or a failure, or possible failure, to comply with a law relating to taxation
or prejudice the enforcement or proper administration of the law in a
particular instance;
(b) disclose, or enable a person to ascertain, the existence or identity of a
confidential source of information, or the non-existence of a confidential
source of information, in relation to the enforcement or administration of the
law; or
(c) endanger the life or physical safety of any person.
(2) A document is an exempt document if its disclosure under this Act would, or could
reasonably be expected to:
(a) prejudice the fair trial of a person or the impartial adjudication of a particular
case;
(b) disclose lawful methods or procedures for preventing, detecting, investigating,
or dealing with matters arising out of, breaches or evasions of the law the
disclosure of which would, or would be reasonably likely to, prejudice the
effectiveness of those methods or procedures; or
(c) prejudice the maintenance or enforcement of lawful methods for the
protection of public safety.
(2A) For the purposes of paragraph (1)(b), a person is taken to be a confidential source
of information in relation to the enforcement or administration of the law if the
person is receiving, or has received, protection under a program conducted under
the auspices of the Australian Federal Police, or the police force of a State or
Territory, for the protection of:
(a) witnesses; or
(b) people who, because of their relationship to, or association with, a witness
need, or may need, such protection; or
(c) any other people who, for any other reason, need or may need, such
protection.
(3) In this section,
law means law of the Commonwealth or of a State or Territory.
42 Documents subject to legal professional privilege
(1) A document is an exempt document if it is of such a nature that it would be
privileged from production in legal proceedings on the ground of legal professional
privilege.
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ATTACHMENT B
(2) A document is not an exempt document because of subsection (1) if the person
entitled to claim legal professional privilege in relation to the production of the
document in legal proceedings waives that claim.
(3) A document is not an exempt document under subsection (1) by reason only that:
(a) the document contains information that would (apart from this subsection)
cause the document to be exempt under subsection (1); and
(b) the information is operational information of an agency.
45 Documents containing material obtained in confidence
(1) A document is an exempt document if its disclosure under this Act would found an
action, by a person (other than an agency, the Commonwealth or Norfolk Island),
for breach of confidence.
(2) Subsection (1) does not apply to a document to which subsection 47C(1)
(deliberative processes) applies (or would apply, but for subsection 47C(2) or (3)),
that is prepared by a Minister, a member of the staff of a Minister, or an officer or
employee of an agency, in the course of his or her duties, or by a prescribed
authority or Norfolk Island authority in the performance of its functions, for
purposes relating to the affairs of an agency or a Department of State unless the
disclosure of the document would constitute a breach of confidence owed to a
person or body other than:
(a) a person in the capacity of Minister, member of the staff of a Minister or officer
of an agency; or
(b) an agency, the Commonwealth or Norfolk Island.
47 Documents disclosing trade secrets or commercially valuable information
(1) A document is an exempt document if its disclosure under this Act would disclose:
(a) trade secrets; or
(b) any other information having a commercial value that would be, or could
reasonably be expected to be, destroyed or diminished if the information were
disclosed.
(2) Subsection (1) does not have effect in relation to a request by a person for access to
a document:
(a) by reason only of the inclusion in the document of information concerning that
person in respect of his or her business or professional affairs; or
(b) by reason only of the inclusion in the document of information concerning the
business, commercial or financial affairs of an undertaking where the person
making the request is the proprietor of the undertaking or a person acting on
behalf of the proprietor; or
(c) by reason only of the inclusion in the document of information concerning the
business, commercial or financial affairs of an organisation where the person
making the request is the organisation or a person acting on behalf of the
organisation.
(3) A reference in this section to an undertaking includes a reference to an undertaking
that is carried on by, or by an authority of, the Commonwealth, Norfolk Island or a
State or by a local government authority.
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ATTACHMENT B
47B Commonwealth-State relations etc
A document is conditional y exempt if disclosure of the document under this Act:
(a) would, or could reasonably be expected to, cause damage to relations between the
Commonwealth and a State (including a Territory)
47E Public interest conditional exemptions—certain operations of agencies
A document is conditionally exempt if its disclosure under this Act would, or could
reasonably be expected to, do any of the following:
(a) prejudice the effectiveness of procedures or methods for the conduct of tests,
examinations or audits by an agency;
(b) prejudice the attainment of the objects of particular tests, examinations or audits
conducted or to be conducted by an agency;
(c) have a substantial adverse effect on the management or assessment of personnel
by the Commonwealth, by Norfolk Island or by an agency;
(d) have a substantial adverse effect on the proper and efficient conduct of the
operations of an agency.
Note: Access must generally be given to a conditionally exempt document
unless it would be contrary to the public interest (see section 11A).
47F Public interest conditional exemptions—personal privacy
General rule
(1) A document is conditional y exempt if its disclosure under this Act would involve
the unreasonable disclosure of personal information about any person (including a
deceased person).
(2) In determining whether the disclosure of the document would involve the
unreasonable disclosure of personal information, an agency or Minister must have
regard to the following matters:
(a) the extent to which the information is well known;
(b) whether the person to whom the information relates is known to be (or to
have been) associated with the matters dealt with in the document;
(c) the availability of the information from publicly accessible sources;
(d) any other matters that the agency or Minister considers relevant.
(3) Subject to subsection (5), subsection (1) does not have effect in relation to a request
by a person for access to a document by reason only of the inclusion in the
document of matter relating to that person.
Access given to qualified person instead
(4) Subsection (5) applies if:
(a) a request is made to an agency or Minister for access to a document of the
agency, or an official document of the Minister, that contains information
concerning the applicant, being information that was provided by a qualified
person acting in his or her capacity as a qualified person; and
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ATTACHMENT B
(b) it appears to the principal officer of the agency or to the Minister (as the case
may be) that the disclosure of the information to the applicant might be
detrimental to the applicant’s physical or mental health, or well-being.
(5) The principal officer or Minister may, if access to the document would otherwise be
given to the applicant, direct that access to the document, so far as it contains that
information, is not to be given to the applicant but is to be given instead to a
qualified person who:
(a) carries on the same occupation, of a kind mentioned in the definition of
qualified person in subsection (7), as the first-mentioned qualified person;
and
(b) is to be nominated by the applicant.
(6) The powers and functions of the principal officer of an agency under this section
may be exercised by an officer of the agency acting within his or her scope of
authority in accordance with arrangements referred to in section 23.
(7) In this section:
qualified person means a person who carries on, and is entitled to carry on, an
occupation that involves the provision of care for the physical or mental health of
people or for their well-being, and, without limiting the generality of the foregoing,
includes any of the following:
(a) a medical practitioner;
(b) a psychiatrist;
(c) a psychologist;
(d) a counsellor;
(e) a social worker.
Note: Access must general y be given to a conditionally exempt document unless
it would be contrary to the public interest (see section 11A).
47G Public interest conditional exemptions—business
(1) A document is conditional y exempt if its disclosure under this Act would disclose
information concerning a person in respect of his or her business or professional
affairs or concerning the business, commercial or financial affairs of an organisation
or undertaking, in a case in which the disclosure of the information:
(a) would, or could reasonably be expected to, unreasonably affect that person
adversely in respect of his or her lawful business or professional affairs or that
organisation or undertaking in respect of its lawful business, commercial or
financial affairs; or
(b) could reasonably be expected to prejudice the future supply of information to
the Commonwealth, Norfolk Island or an agency for the purpose of the
administration of a law of the Commonwealth or of a Territory or the
administration of matters administered by an agency.
(2) Subsection (1) does not apply to trade secrets or other information to which
section 47 applies.
(3) Subsection (1) does not have effect in relation to a request by a person for access to
a document:
(a) by reason only of the inclusion in the document of information concerning that
person in respect of his or her business or professional affairs; or
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(b) by reason only of the inclusion in the document of information concerning the
business, commercial or financial affairs of an undertaking where the person
making the request is the proprietor of the undertaking or a person acting on
behalf of the proprietor; or
(c) by reason only of the inclusion in the document of information concerning the
business, commercial or financial affairs of an organisation where the person
making the request is the organisation or a person acting on behalf of the
organisation.
(4) A reference in this section to an undertaking includes a reference to an undertaking
that is carried on by, or by an authority of, the Commonwealth, Norfolk Island or a
State or by a local government authority.
(5) For the purposes of subsection (1), information is not taken to concern a person in
respect of the person’s professional affairs merely because it is information
concerning the person’s status as a member of a profession.
Note: Access must generally be given to a conditionally exempt document unless
it would be contrary to the public interest (see section 11A).
13
Document Outline
