Minutes of Meeting 3 February 2021 (ACMS #32).

Response to this request is long overdue. By law, under all circumstances, Advisory Committee on Medicines Scheduling should have responded by now (details). You can complain by requesting an internal review.

David William Hewitt

Dear Advisory Committee on Medicines Scheduling,

Pursuant to the Freedom of Information Act (Cth) I request copy of the Minutes, including any memoranda, reports, briefing notes, studies, advices that are referred to in the Minutes, received by the delegate of the Secretary from the Meeting of the Advisory Committee on Medicines Scheduling (ACMS #32) concerning the interim decision of 3 February 2021 on the amendment of the current Poisons Standard in relation to psilocybin and MDMA.

Yours faithfully,
David Hewitt
Herring and McMillan Solicitors
t: 0354611344

TGA FOI, Advisory Committee on Medicines Scheduling

4 Attachments

Dear Mr Hewitt

FREEDOM OF INFORMATION REQUEST – NOTIFICATION OF RECEIPT

I am writing to notify you that the Department of Health (Department) has
received your request for access to documents under the Freedom of
Information Act 1982 (FOI Act).

“…I request copy of the Minutes, including any memoranda, reports,
briefing notes, studies, advices that are referred to in the Minutes,
received by the delegate of the Secretary from the Meeting of the Advisory
Committee on Medicines Scheduling (ACMS #32) concerning the interim
decision of 3 February 2021 on the amendment of the current Poisons
Standard in relation to psilocybin and MDMA.”

Under section 15(5)(b) of the FOI Act, the agency has 30 calendar days
after the date your request was received in which to provide a decision in
response to your request for access. A decision is currently due on or
before 17 March 2021.

However, where there is requirement to undertake consultation with
affected third parties, this timeframe is extended by a further 30 days.
It may also be extended in certain circumstances, including with your
agreement or where the Department applies to the Office of the Australian
Information Commissioner for an extension.

 

In addition, please note that if the decision maker decides that you are
liable to pay a charge in relation to your request then this timeframe is
extended pending payment of a deposit. You will be notified by the
Department if you are liable to pay a charge and/or if third party
consultation is required.

 

PROCESSING YOUR REQUEST

To assist us to streamline the processing of your request we ask you to
consider and respond to the following questions.

 

1.       Personal Information

Documents containing personal information, (e.g. the names and contact
details of any individuals, or any information that could reasonably
identify an individual) may require the Department to consult with the
identified individuals or parties. This consultation is likely to add to
the time taken to process your request, and potentially increase the
charge imposed on you.

 

We would therefore be grateful if you could confirm if you are seeking
access to personal information in the documents (e.g. names, contact
details, addresses) relating to:

·       third parties; and

·       Commonwealth staff (please note that unless you advise otherwise,
we will assume that you do not seek access to personal information of
Commonwealth employees below Senior Executive Service level).

 

If you are not seeking access to any personal information, you can simply
reply: 'no personal information requested'.

 

If you are seeking access to specific types of personal information,
please specify the type of personal information you require.

 

2.       Duplicate Documents

Under section 4(1) of the FOI Act, the definition of a document includes
‘any copy, including an part of any copy, of a reproduction or duplicate’.
Confirmation that you are not seeking duplicate documents may enable more
timely and less costly processing of your request.

 

Can you please clarify if you are seeking duplicate copies, either in part
or in full, as part of your request?

 

If you are not seeking access to duplicate documents, you can simply
respond: ‘no duplicates requested’.

 

We look forward to hearing from you by COB Tuesday 23 February 2021.

If you have any queries, please contact the FOI team on (02) 6289 4630, or
via email at [1][email address].

Kind regards

 

Cindy

 

Freedom of Information

[2]cid:image001.png@01D54DDB.C1CF42E0

Therapeutic Goods Administration

Australian Government Department of Health

T: 02 6289 4630 | E: [3][email address]

PO Box 100, Woden ACT 2606, Australia

Web: [4]www.tga.gov.au

 

[5]cid:image002.png@01D55CBC.5655D390[6]cid:image003.gif@01D55CBC.5655D390[7]cid:image004.png@01D55CBC.5655D390

 

Important: This transmission is intended only for the use of the addressee
and may contain confidential or legally privileged information. If you are
not the intended recipient, you are notified that any use or dissemination
of this communication is strictly prohibited. If you receive this
transmission in error please notify the author immediately and delete all
copies of this transmission.

 

The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present.

 

"Important: This transmission is intended only for the use of the
addressee and may contain confidential or legally privileged information. 
If you are not the intended recipient, you are notified that any use or
dissemination of this communication is strictly prohibited.  If you
receive this transmission in error please notify the author immediately
and delete all copies of this transmission."

References

Visible links
1. mailto:[email address]
3. mailto:[email address]
4. http://www.tga.gov.au/
5. https://www.facebook.com/TGAgovau/
6. https://twitter.com/TGAgovau
7. https://www.youtube.com/channel/UCem9INJ...

David William Hewitt

Dear TGA FOI, No personal information is required and no dupilcates are requested.

Yours sincerely,

David William Hewitt

David William Hewitt

Dear TGA FOI,

We await the release of the information requested. Please advise status of our request.

Yours sincerely,

David William Hewitt

TGA FOI, Advisory Committee on Medicines Scheduling

4 Attachments

Dear Mr Hewitt

 

Thank you for your email.

 

A search has been undertaken by the line area for any documents relevant
to the scope of your request.

 

The line area has advised that the relevant documents include a large
volume of public submissions which were received prior to the ACMS meeting
held on 3 February. These submissions were considered by the delegate as
part of the scheduling decision process.  As a result, it is a requirement
under section 27 of Freedom of Information Act for the TGA to conduct a
consultation with those parties who provided submissions and allow them an
opportunity to make a submission with regards to the release of the
documents. I note that many of these parties have already requested
anonymity when providing their submission. The amount of consultation
which would be necessary and the time taken to conduct those consultations
will likely render your request too voluminous for the TGA to process.

 

Could you please advise whether you agree to remove the public submissions
from the scope of your FOI request.

 

I would be grateful for your response by Friday 5 March 2021.

 

Kind regards
Karen

 

Freedom of Information

[1]cid:image001.png@01D54DDB.C1CF42E0

Therapeutic Goods Administration

Australian Government Department of Health

T: 02 6289 4630 | E: [2][email address]

PO Box 100, Woden ACT 2606, Australia

Web: [3]www.tga.gov.au

 

[4]cid:image002.png@01D55CBC.5655D390[5]cid:image003.gif@01D55CBC.5655D390[6]cid:image004.png@01D55CBC.5655D390

 

Important: This transmission is intended only for the use of the addressee
and may contain confidential or legally privileged information. If you are
not the intended recipient, you are notified that any use or dissemination
of this communication is strictly prohibited. If you receive this
transmission in error please notify the author immediately and delete all
copies of this transmission.

 

The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present. 

 

show quoted sections

David William Hewitt

Dear TGA FOI,

We agree to receive the minutes of the meeting without public submissions.

Yours sincerely,

David William Hewitt

TGA FOI, Advisory Committee on Medicines Scheduling

4 Attachments

Dear Mr Hewitt

 

Thank you for your prompt response yesterday regarding the scope of your
request.

 

The relevant line area is currently finalising the schedule of documents
for your request FOI 2260 and as such, it has become apparent that the TGA
may be unable to meet the current deadline for your request which is 17
March 2021.

 

I would be grateful if you could please consider agreeing to an extension,
(under section 15AA) of the Freedom of Information Act 1982, of fourteen
(14) days for the processing of your request. If you agree to this
extension the decision on your request would then be due on or before 31
March 2021.

 

Could you please respond advising whether you agree to this extension by
COB Tuesday 9 March 2021, if possible.

 

Thank you for your consideration of this matter.

 

Please do not hesitate to contact the FOI team if you have any questions.

 

Kind regards
Tara

 

Freedom of Information

[1]cid:image001.png@01D54DDB.C1CF42E0

Therapeutic Goods Administration

Australian Government Department of Health

T: 02 6289 4630 | E: [2][email address]

PO Box 100, Woden ACT 2606, Australia

Web: [3]www.tga.gov.au

 

[4]cid:image002.png@01D55CBC.5655D390[5]cid:image003.gif@01D55CBC.5655D390[6]cid:image004.png@01D55CBC.5655D390

 

Important: This transmission is intended only for the use of the addressee
and may contain confidential or legally privileged information. If you are
not the intended recipient, you are notified that any use or dissemination
of this communication is strictly prohibited. If you receive this
transmission in error please notify the author immediately and delete all
copies of this transmission.

 

The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present.

"Important: This transmission is intended only for the use of the
addressee and may contain confidential or legally privileged information. 
If you are not the intended recipient, you are notified that any use or
dissemination of this communication is strictly prohibited.  If you
receive this transmission in error please notify the author immediately
and delete all copies of this transmission."

References

Visible links
2. mailto:[email address]
3. http://www.tga.gov.au/
4. https://www.facebook.com/TGAgovau/
5. https://twitter.com/TGAgovau
6. https://www.youtube.com/channel/UCem9INJ...

David William Hewitt

Dear TGA FOI,

Good afternoon

We do not consent to the extension. The request is not arduous and has been narrowed to the minutes of the meeting only. We require the information urgently.

Yours sincerely,

David William Hewitt

TGA FOI, Advisory Committee on Medicines Scheduling

6 Attachments

Dear Mr Hewitt

 

Please find attached correspondence in relation to your Freedom of
Information request.

 

Consultation

As your request relates to the personal, professional, business,
commercial or financial affairs of third parties, pursuant to section 27
and 27A of the FOI Act, the TGA is required to consult with the affected
third parties and provide them an opportunity to make submissions
regarding the release of the documents.

 

Accordingly, under section 15(6) of the FOI Act the timeframe for
processing your request will be extended by 30 days to allow the
consultation process to be conducted.

 

If you have any questions, please do not hesitate to contact the FOI Team.

 

Kind regards

 

Cindy

 

Freedom of Information

[1]cid:image001.png@01D54DDB.C1CF42E0

Therapeutic Goods Administration

Australian Government Department of Health

T: 02 6289 4630 | E: [2][email address]

PO Box 100, Woden ACT 2606, Australia

Web: [3]www.tga.gov.au

 

[4]cid:image002.png@01D55CBC.5655D390[5]cid:image003.gif@01D55CBC.5655D390[6]cid:image004.png@01D55CBC.5655D390

 

Important: This transmission is intended only for the use of the addressee
and may contain confidential or legally privileged information. If you are
not the intended recipient, you are notified that any use or dissemination
of this communication is strictly prohibited. If you receive this
transmission in error please notify the author immediately and delete all
copies of this transmission.

 

The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present.

 

"Important: This transmission is intended only for the use of the
addressee and may contain confidential or legally privileged information. 
If you are not the intended recipient, you are notified that any use or
dissemination of this communication is strictly prohibited.  If you
receive this transmission in error please notify the author immediately
and delete all copies of this transmission."

References

Visible links
2. mailto:[email address]
3. http://www.tga.gov.au/
4. https://www.facebook.com/TGAgovau/
5. https://twitter.com/TGAgovau
6. https://www.youtube.com/channel/UCem9INJ...

David William Hewitt

Dear TGA FOI,
Please advise when my request for Minutes of Meeting 3 February 2021 (ACMS#32) will be supplied. I believe the response should have been supplied by 7 April. This is not a difficult or arduous request. I require the request be filled forthwith.

Yours sincerely,

David William Hewitt

TGA FOI, Advisory Committee on Medicines Scheduling

6 Attachments

Dear Mr Hewitt

 

Thank you for your email.

 

The preliminary estimate of charges for relating to the processing of your
request is $208.58, you are required to pay a deposit of 25 percent, being
$52.15 before processing recommences.

Payment

If you accept liability for the estimated charge for your request, payment
can be made via one of the following options:

·         Credit card payment (preferred):

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

 

Please include reference to FOI 2260 in all forms of payment.

IMPORTANT: Once payment has been made, please notify the FOI Team via the
following email address: [1][email address].

Failure to notify the FOI Team of payment may result in delays to the
processing of your FOI request.

 

Kind regards
Karen

 

Freedom of Information

Karen | Tara | Cindy |Christina

[2]cid:image001.png@01D54DDB.C1CF42E0

Therapeutic Goods Administration

Australian Government Department of Health

T: 02 6289 4630 | E: [3][email address]

PO Box 100, Woden ACT 2606, Australia

Web: [4]www.tga.gov.au

 

[5]cid:image002.png@01D55CBC.5655D390[6]cid:image003.gif@01D55CBC.5655D390[7]cid:image004.png@01D55CBC.5655D390

 

Important: This transmission is intended only for the use of the addressee
and may contain confidential or legally privileged information. If you are
not the intended recipient, you are notified that any use or dissemination
of this communication is strictly prohibited. If you receive this
transmission in error please notify the author immediately and delete all
copies of this transmission.

 

The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present. 

 

show quoted sections

David William Hewitt

Dear TGA FOI,
We have paid the deposit but have still not received the information requested. Please advise when we can expect to receive the minutes of the meeting. This response is now well outside normal response times required by the Act.

Yours sincerely,

David William Hewitt

Advisory Committee on Medicines Scheduling

2 Attachments

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David William Hewitt

Dear Advisory Committee on Medicines Scheduling,
We have paid the deposit and continue to wait for the documents. Please forward them immediately.
This request has now exceeded all allowable time frames.

Yours faithfully,

David William Hewitt

David William Hewitt

Dear Advisory Committee on Medicines Scheduling,

We seek an internal review to investigate the lack of response to our simple request. The request is well beyond the timeframe allowed under the legislation. I will send the matter externally to the Ombudsman or the Information Commissioner if a response is not forthcoming.

Yours faithfully,

David William Hewitt

TGA FOI, Advisory Committee on Medicines Scheduling

5 Attachments

Dear Mr Hewitt

 

Thank you for your email.

 

I note that you are requesting to submit an internal review request for
your FOI request (FOI2260).

 

The current due date for a decision to be issued in relation to your
request is 15 May 2021.  Therefore, you are not able to seek internal
review until a decision has been issued.

 

By way of an update, consultation with affected third parties has now been
finalised and a decision is currently being prepared.

 

We will be in contact with you in relation to the decision shortly.

 

Kind regards

Karen

 

Freedom of Information

Karen | Tara | Cindy |Christina

[1]cid:image001.png@01D54DDB.C1CF42E0

Therapeutic Goods Administration

Australian Government Department of Health

T: 02 6289 4630 | E: [2][email address]

PO Box 100, Woden ACT 2606, Australia

Web: [3]www.tga.gov.au

 

[4]cid:image002.png@01D55CBC.5655D390[5]cid:image003.gif@01D55CBC.5655D390[6]cid:image004.png@01D55CBC.5655D390

 

Important: This transmission is intended only for the use of the addressee
and may contain confidential or legally privileged information. If you are
not the intended recipient, you are notified that any use or dissemination
of this communication is strictly prohibited. If you receive this
transmission in error please notify the author immediately and delete all
copies of this transmission.

 

The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present. 

 

From: FOI <[email address]>
Sent: Wednesday, 5 May 2021 8:39 AM
To: TGA FOI <[email address]>
Subject: FW: Freedom of Information request - Minutes of Meeting 3
February 2021 (ACMS #32). [SEC=OFFICIAL]

 

Good morning team

 

Please see following email from David Hewitt

 

Kind regards

Katrina

 

Katrina Carbone

FOI Officer – FOI & Legislation Support Section

[7]cid:image003.png@01D51610.1D98D220

Legal & Assurance Division |  Corporate Operations Group

Legal Advice & Legislation Branch

Australian Government Department of Health

T: 02 6289 1718  | E: [8][email address

Location: Sirius Building 5.N.426

GPO Box 9848, Canberra ACT 2601, Australia

 

The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present. 

 

If you receive this email in error, please delete it and contact the
sender immediately.

show quoted sections

TGA FOI, Advisory Committee on Medicines Scheduling

7 Attachments

Dear Mr Hewitt

 

Please find attached correspondence in relation to your Freedom of
Information request.

 

If you have any questions, please do not hesitate to contact the FOI Team.

 

Kind regards

Freedom of Information

Freedom of Information

[1]cid:image001.png@01D54DDB.C1CF42E0

Therapeutic Goods Administration

Australian Government Department of Health

T: 02 6289 4630 | E: [2][email address]

PO Box 100, Woden ACT 2606, Australia

Web: [3]www.tga.gov.au

 

[4]cid:image002.png@01D55CBC.5655D390[5]cid:image003.gif@01D55CBC.5655D390[6]cid:image004.png@01D55CBC.5655D390

 

Important: This transmission is intended only for the use of the addressee
and may contain confidential or legally privileged information. If you are
not the intended recipient, you are notified that any use or dissemination
of this communication is strictly prohibited. If you receive this
transmission in error please notify the author immediately and delete all
copies of this transmission.

 

The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present.

 

"Important: This transmission is intended only for the use of the
addressee and may contain confidential or legally privileged information. 
If you are not the intended recipient, you are notified that any use or
dissemination of this communication is strictly prohibited.  If you
receive this transmission in error please notify the author immediately
and delete all copies of this transmission."

References

Visible links
2. mailto:[email address]
3. http://www.tga.gov.au/
4. https://www.facebook.com/TGAgovau/
5. https://twitter.com/TGAgovau
6. https://www.youtube.com/channel/UCem9INJ...

David William Hewitt

Dear TGA FOI,

We have paid the fees. Please send the promised document immediately.

Yours sincerely,

David William Hewitt

TGA FOI, Advisory Committee on Medicines Scheduling

5 Attachments

Dear Mr Hewitt

 

As the TGA has received the balance of the amount owing for the processing
of your request I am now releasing the document to you. Please find
attached a copy of the relevant document.

 

If you have any queries regarding this matter, please do not hesitate to
contact the FOI team.

 

Kind regards

 

Cindy

 

Freedom of Information

[1]cid:image001.png@01D54DDB.C1CF42E0

Therapeutic Goods Administration

Australian Government Department of Health

T: 02 6289 4630 | E: [2][email address]

PO Box 100, Woden ACT 2606, Australia

Web: [3]www.tga.gov.au

 

[4]cid:image002.png@01D55CBC.5655D390[5]cid:image003.gif@01D55CBC.5655D390[6]cid:image004.png@01D55CBC.5655D390

 

Important: This transmission is intended only for the use of the addressee
and may contain confidential or legally privileged information. If you are
not the intended recipient, you are notified that any use or dissemination
of this communication is strictly prohibited. If you receive this
transmission in error please notify the author immediately and delete all
copies of this transmission.

 

The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present.

 

"Important: This transmission is intended only for the use of the
addressee and may contain confidential or legally privileged information. 
If you are not the intended recipient, you are notified that any use or
dissemination of this communication is strictly prohibited.  If you
receive this transmission in error please notify the author immediately
and delete all copies of this transmission."

References

Visible links
2. mailto:[email address]
3. http://www.tga.gov.au/
4. https://www.facebook.com/TGAgovau/
5. https://twitter.com/TGAgovau
6. https://www.youtube.com/channel/UCem9INJ...

David William Hewitt

Dear TGA FOI,
We are completely bemused by receiving minutes of the NOVEMBER meeting when we specifically requested the 3 February minutes. After 4 months and every email containing the date of the meeting, this is unacceptable. I request what I asked for and paid for immediately.

Yours sincerely,

David William Hewitt

David William Hewitt

Dear TGA FOI,
My apologies- I have now clarified the meeting was in November and the decision was 3 Feb. We have all we asked for - thanks.

Yours sincerely,

David William Hewitt