Documentation you received from NSW DPI in support of application to register RHDV K5 as mentioned in the Public Release Summary, APVMA Product Number 80188, December 2015

Tim made this Freedom of Information request to Australian Pesticides and Veterinary Medicines Authority

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Australian Pesticides and Veterinary Medicines Authority,

With regard to the Public Release Summary on the Evaluation of Rabbit Haemorrhagic Disease Virus, 08Q712 strain in the product RHDV K5 (APVMA Product Number 80188 of December 2015, ISBN 978-1-925390-12-4), upon which the NSW Department of Primary Industries is the listed applicant for registration of the aforementioned product, under the Freedom of Information Act 1982 I am making an application for copies of all documentation " ... presented to support the registration package." (quote, page 9), which is explicitly described as "A variety of scientific argument, published papers and the results of laboratory trials ..." (quote, page 9).

This material may be sent to me via email, or if not in a suitable form to enable this, by Australia post to my home address which you may request during the course of your reply to me which, under the Act, must come within 14 days.

Sincerely,

Timothy Sills

FOI, Australian Pesticides and Veterinary Medicines Authority

UNCLASSIFIED
 
 
Dear Tim
 
 
Thank you for your request.
 
As this is a request for documents in possession or custody of the APVMA
that relate to an approved active constituent or registered chemical
product, it must first be dealt with under section 8W of the Agricultural
and Veterinary Chemicals Code (Agvet Code) as scheduled to the
Agricultural and Veterinary Chemicals Code Act 1994, instead of under the
Freedom of Information Act 1982 (FOI Act).
 
This because paragraph 12(1)(b) of the FOI Act provides that the right of
access to documents does not apply to documents that are open to public
access, as part of a public register or otherwise, in accordance with
another enactment, where that access in subject to a fee. Section 8W of
the Agvet Code provides for such a scheme.
 
Accordingly, an APVMA officer from the Case Management and Administration
Unit will be in touch with you shortly to progress your 8W application.
 
Kind regards
 
 
 
Karan Puri
Legal Officer | Legal Program
Australian Pesticides and Veterinary Medicines Authority (APVMA)
PO Box 6182 Kingston ACT 2604
[1]www.apvma.gov.au | [2][email address]
P: +61 2 6210 4737 | F: +61 2 6210 4787
 
 
 
 
-----Original Message-----
From: Tim [[3]mailto:[FOI #2114 email]]
Sent: Tuesday, 9 August 2016 6:26 PM
To: FOI <[APVMA request email]>
Subject: Freedom of Information request - Documentation you received from
NSW DPI in support of application to register RHDV K5 as mentioned in the
Public Release Summary, APVMA Product Number 80188, December 2015
 
     Dear Australian Pesticides and Veterinary Medicines Authority,
 
     With regard to the Public Release Summary on the Evaluation of
     Rabbit Haemorrhagic Disease Virus, 08Q712 strain in the product
     RHDV K5 (APVMA Product Number 80188 of December 2015, ISBN
     978-1-925390-12-4), upon which the NSW Department of Primary
     Industries is the listed applicant for registration of the
     aforementioned product, under the Freedom of Information Act 1982 I
     am making an application for copies of all documentation " ...
     presented to support the registration package." (quote, page 9),
     which is explicitly described as "A variety of scientific argument,
     published papers and the results of laboratory trials ..." (quote,
     page 9).
 
     This material may be sent to me via email, or if not in a suitable
     form to enable this, by Australia post to my home address which you
     may request during the course of your reply to me which, under the
     Act, must come within 14 days.
 
     Sincerely,
 
     Timothy Sills
 
     -------------------------------------------------------------------
 
     Please use this email address for all replies to this request:
     [4][FOI #2114 email]
 
     Is [5][APVMA request email] the wrong address for Freedom of Information
     requests to Australian Pesticides and Veterinary Medicines
     Authority? If so, please contact us using this form:
     [6]https://www.righttoknow.org.au/change_re...
 
     This request has been made by an individual using Right to Know.
     This message and any reply that you make will be published on the
     internet. More information on how Right to Know works can be found
     at:
     [7]https://www.righttoknow.org.au/help/offi...
 
     If you find this service useful as an FOI officer, please ask your
     web manager to link to us from your organisation's FOI page.
 
 
     -------------------------------------------------------------------
 
UNCLASSIFIED
 
 
IMPORTANT:
This email message and any attached files may be subject to restrictions
on use and disclosure under the Agricultural and Veterinary Chemicals Code
Act 1994 and may so contain information that is confidential, and/or
subject to legal professional privilege.
If you are not the intended recipient, you must not use, copy,
disseminate, forward, retain or reproduce this email. If you received this
email in error, please immediately notify the sender by return email or
contact the APVMA on +61-2-6210 4701 (9 am-5 pm AEST/AEDT) and please
delete all copies of this email and any attachments.

References

Visible links
1. http://www.apvma.gov.au/
2. mailto:[email address]
3. mailto:[FOI #2114 email]
4. mailto:[FOI #2114 email]
5. mailto:[APVMA request email]
6. https://www.righttoknow.org.au/change_re...
7. https://www.righttoknow.org.au/help/offi...

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Dear Karan/APVMA Officer,

Thank you for your rapid response - it is greatly appreciated.

I have identified and read through the appropriate APVMA node in the context of Section 8W of the Agvet code, however it is not clear to me whether that applies here on the basis that it is not clear whether the APVMA still holds copies of the documentation I am seeking, or, would need to source it from the originator(s) to continue.

Be that as it may, I have identified alternative means to source the documentation and wish to pursue that path for the time being.

Therefore, please suspend any action under Section 8W with regard to my request for the documentation originally being referred to. I will be in touch should the need arise to go further down this avenue with the APVMA.

Yours sincerely,

Tim

FOI, Australian Pesticides and Veterinary Medicines Authority

UNCLASSIFIED
 
 
Dear CMAU,
 
Please see Tim's email below- He wishes to suspend his request for the
time being.
 
He will contact you in the future, should he wishes to pursue this 8W
request again.
 
Kind regards
 
 
Karan Puri
Legal Officer | Legal Program
Australian Pesticides and Veterinary Medicines Authority (APVMA)
PO Box 6182 Kingston ACT 2604
[1]www.apvma.gov.au | [2][email address]
P: +61 2 6210 4737 | F: +61 2 6210 4787
 
 
 
 
-----Original Message-----
From: Tim [[3]mailto:[FOI #2114 email]]
Sent: Wednesday, 10 August 2016 5:01 PM
To: FOI <[APVMA request email]>
Subject: RE: Freedom of Information request - Documentation you received
from NSW DPI in support of application to register RHDV K5 as mentioned in
the Public Release Summary, APVMA Product Number 80188, December 2015
[SEC=UNCLASSIFIED]
 
     Dear Karan/APVMA Officer,
 
     Thank you for your rapid response - it is greatly appreciated.
 
     I have identified and read through the appropriate APVMA node in
     the context of Section 8W of the Agvet code, however it is not
     clear to me whether that applies here on the basis that it is not
     clear whether the APVMA still holds copies of the documentation I
     am seeking, or, would need to source it from the originator(s) to
     continue.
 
     Be that as it may, I have identified alternative means to source
     the documentation and wish to pursue that path for the time being.
 
     Therefore, please suspend any action under Section 8W with regard
     to my request for the documentation originally being referred to. I
     will be in touch should the need arise to go further down this
     avenue with the APVMA.
 
     Yours sincerely,
 
     Tim
 
     -----Original Message-----
 
     UNCLASSIFIED
      
      
     Dear Tim
      
      
     Thank you for your request.
      
     As this is a request for documents in possession or custody of the
     APVMA
     that relate to an approved active constituent or registered
     chemical
     product, it must first be dealt with under section 8W of the
     Agricultural
     and Veterinary Chemicals Code (Agvet Code) as scheduled to the
     Agricultural and Veterinary Chemicals Code Act 1994, instead of
     under the
     Freedom of Information Act 1982 (FOI Act).
      
     This because paragraph 12(1)(b) of the FOI Act provides that the
     right of
     access to documents does not apply to documents that are open to
     public
     access, as part of a public register or otherwise, in accordance
     with
     another enactment, where that access in subject to a fee. Section
     8W of
     the Agvet Code provides for such a scheme.
      
     Accordingly, an APVMA officer from the Case Management and
     Administration
     Unit will be in touch with you shortly to progress your 8W
     application.
      
     Kind regards
      
      
      
     Karan Puri
     Legal Officer | Legal Program
     Australian Pesticides and Veterinary Medicines Authority (APVMA)
     PO Box 6182 Kingston ACT 2604
     [1][4]www.apvma.gov.au | [2][email address]
     P: +61 2 6210 4737 | F: +61 2 6210 4787
      
      
      
      
 
     -------------------------------------------------------------------
     Please use this email address for all replies to this request:
     [5][FOI #2114 email]
 
     This request has been made by an individual using Right to Know.
     This message and any reply that you make will be published on the
     internet. More information on how Right to Know works can be found
     at:
     [6]https://www.righttoknow.org.au/help/offi...
 
     If you find this service useful as an FOI officer, please ask your
     web manager to link to us from your organisation's FOI page.
 
     -------------------------------------------------------------------
 
UNCLASSIFIED
 
 
IMPORTANT:
This email message and any attached files may be subject to restrictions
on use and disclosure under the Agricultural and Veterinary Chemicals Code
Act 1994 and may so contain information that is confidential, and/or
subject to legal professional privilege.
If you are not the intended recipient, you must not use, copy,
disseminate, forward, retain or reproduce this email. If you received this
email in error, please immediately notify the sender by return email or
contact the APVMA on +61-2-6210 4701 (9 am-5 pm AEST/AEDT) and please
delete all copies of this email and any attachments.

References

Visible links
1. http://www.apvma.gov.au/
2. mailto:[email address]
3. mailto:[FOI #2114 email]
4. http://www.apvma.gov.au/
5. mailto:[FOI #2114 email]
6. https://www.righttoknow.org.au/help/offi...

hide quoted sections