Therapeutic Goods (Information Specification—Database of Adverse Event Notifications) Instrument 2023

Administered by Department of Health, Disability and Ageing

Legislation au F2023L01291 In force Legislative Instrument

Legislation content

 

Therapeutic Goods (Information Specification—Database of Adverse Event Notifications) Instrument 2023

made under subsection 61(5D) of the

Therapeutic Goods Act 1989

Compilation No. 1

Compilation date: 23 December 2025

Includes amendments: F2025L01620

About this compilation

This compilation

This is a compilation of the Therapeutic Goods (Information Specification—Database of Adverse Event Notifications) Instrument 2023 that shows the text of the law as amended and in force on 23 December 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1  Name

3  Authority

4  Definitions

5  Release of therapeutic goods information

Schedule 1—Therapeutic goods information

Part 1—DAEN – Medical Devices

Part 2—DAEN – Medicines

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This instrument is the Therapeutic Goods (Information SpecificationDatabase of Adverse Event Notifications) Instrument 2023.

3  Authority

  This instrument is made under section 61(5D) of the Therapeutic Goods Act 1989.

4  Definitions

Note: A number of expressions used in this instrument are defined in subsection 3(1) of the Act, including the following:

(a) biological;

(b) manufacturer;

(c) medical device;

(d) medicine;

(e) Register;

(f) Secretary;

(g) sponsor;

(h) therapeutic goods.

  In this instrument:

Act means the Therapeutic Goods Act 1989.

adverse event means the following:

 (a) in relation to a medicine or biological—an adverse event that occurs in relation to a person in Australia following the administration of a medicine or a biological;

 (b) in relation to a medical device or other therapeutic good—an adverse event that occurs in relation to a person in Australia following use of a medical device or other therapeutic good that led, or might have led, to the death of, a serious injury to, or serious deterioration in the health of, that person.

Note: An adverse event may not necessarily have a causal relationship with the administration or use of the therapeutic good.

DAEN – Medical Devices means the Database of Adverse Event Notifications for medical devices and other therapeutic goods, maintained by the Therapeutic Goods Administration.

DAEN – Medicines means the Database of Adverse Event Notifications for medicines and biologicals, maintained by the Therapeutic Goods Administration.

defect, in relation to a medical device or other therapeutic good, means any of the following that might lead, or might have led, to the death of, a serious injury to, or serious deterioration in the health of, a person:

 (a) any malfunction or deterioration in the characteristics or performance of the medical device or other therapeutic good;

 (b) any inadequacy in the design, production, labelling, instructions for use or advertising materials of the medical device or other therapeutic good.

event outcome, in relation to a medical device or other therapeutic good, means one of the following outcomes reported to the TGA in relation to an adverse event:

 (a) death;

 (b) injury;

 (c) no injury;

 (d) unknown.

event type, in relation to a medical device or other therapeutic good, means the event type described in the IMDRF Terminology Document that is applicable to the adverse event.

IMDRF Terminology Document means the Terminologies for Categorized Adverse Event Reporting (AER): terms, terminology and codes, published by the International Medical Device Regulators Forum, as in force or existing from time to time.

MedDRA means the Medical Dictionary for Regulatory Activities published by the MedDRA Maintenance and Support Services Organization, as in force or existing from time to time.

other therapeutic good means a therapeutic good that is not a medicine, biological or medical device.

report source category, in relation to a medical device or other therapeutic good, means one of the following categories describing the person who reported the adverse event:

 (a) consumer;

 (b) health professional;

 (c) industry;

 (d) government;

 (e) other.

Therapeutic Goods Administration, or TGA, means the part of the Department known as the Therapeutic Goods Administration.

therapeutic goods information has the meaning given by subsection 61(1) of the Act.

5  Release of therapeutic goods information

  The kinds of therapeutic goods information set out in the tables in Parts 1 and 2 of Schedule 1 are specified for the purpose of subsection 61(5C) of the Act.

Note: Kinds of therapeutic goods information specified under subsection 61(5D) of the Act may be released by the Secretary to the public under subsection 61(5C).


Schedule 1—Therapeutic goods information

Note: See section 5.

Part 1—DAEN – Medical Devices

 

Column 1

Column 2

Item

Kinds of therapeutic goods information

1

information about an adverse event or defect in relation to a medical device or other therapeutic good, that has been reported to the TGA and is recorded in the DAEN – Medical Devices (medical device adverse event report), as follows:

(a) details of the medical device or other therapeutic good;

(b) details of the manufacturer of the medical device or other therapeutic good;

(c) details of the sponsor of the medical device or other therapeutic good;

(d) details of any other therapeutic good reported to have been involved in the adverse event;

(e) the description of the adverse event;

(f) the event outcome;

(g) the event type;

(h) the report source category;

(i) the date that the medical device adverse event report was received by the TGA;

(j) the unique number allocated to the medical device adverse event report by the TGA

Part 2—DAEN – Medicines

 

Column 1

Column 2

Item

Kinds of therapeutic goods information

1

information about an adverse event in relation to a medicine or biological that has been reported to the TGA and is recorded in the DAEN – Medicines (medicine adverse event report), as follows:

(a) details of the medicine or biological;

(b) details of any other therapeutic good administered to the person who is reported to have suffered the adverse event (the relevant person);

(c) the age of the relevant person;

(d) the sex of the relevant person;

(e) the adverse event description term, as described in the MedDRA, that relates to the adverse event;

(f) the date that the adverse event was recorded by the TGA;

(g) the unique number allocated to the adverse event report by the TGA

2

information collated by the TGA from reports of adverse events received by the TGA in relation to a medicine or biological and recorded in the DAEN – Medicines (relevant cases), as follows:

(a) the number of relevant cases;

(b) the number of relevant cases where death was a reported outcome;

(c) the number of relevant cases in which the medicine or biological was reported to be the only therapeutic good suspected of being related to the adverse event;

(d) the system organ class terminology, as described in the MedDRA, for the part of the body that was reported as being affected by each adverse event;

(e) the adverse event description term, as described in the MedDRA, that relates to each adverse event

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

/rule(s)/subrule(s)/order(s)/suborder(s)

LIA = Legislative Instruments Act 2003

sch = Schedule(s)

(md not incorp) = misdescribed amendment

SLI = Select Legislative Instrument

cannot be given effect

SR = Statutory Rules

mod = modified/modification

sub ch = SubChapter(s)

No. = Number(s)

sub div = Subdivision(s)

Ord = Ordinance

sub pt = Subpart(s)

 

underlining = whole or part not

 

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Therapeutic Goods (Information Specification—Database of Adverse Event Notifications) Instrument 2023

26 Sep 2023

(F2023L01291)

30 Sep 2023

Therapeutic Goods (Information Specification—Database of Adverse Event Notifications) Amendment Instrument 2025

22 Dec 2025

(F2025L01620)

23 Dec 2025

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2……………………………….…

rep LA s 48D

s 6……………………………….…

rep LA s 48C

Schedule 1…………………………

am F2025L01620

Schedule 2…………………………

rep LA s 48C

 

Overview

The Therapeutic Goods (Information Specification—Database of Adverse Event Notifications) Instrument 2023, made under the Therapeutic Goods Act 1989, was introduced to address the need for detailed and accessible information on adverse events related to therapeutic goods, including medical devices and medicines. This legislative instrument aims to specify the types of information that can be released to the public by the Secretary, enhancing transparency and public safety. The instrument is a response to the gap in readily available information about adverse events that could inform healthcare decisions and regulatory actions. Enacted by the Parliament of Australia, the policy objective is to ensure that the public has access to critical information on adverse events, thereby supporting better health outcomes and informed decision-making. The instrument is designed to complement the existing frameworks by detailing what constitutes reportable adverse events and how such information is to be systematically recorded and disclosed.

Scope and Application

The Therapeutic Goods (Information Specification—Database of Adverse Event Notifications) Instrument 2023 applies to the public release of adverse event notifications concerning therapeutic goods in Australia. It specifically targets entities such as manufacturers, sponsors, and other stakeholders involved with therapeutic goods, including medical devices, medicines, biologicals, and other therapeutic goods. This legislation specifies the types of therapeutic goods information that can be disclosed to the public, with a particular focus on adverse events and defects related to therapeutic goods. The instrument extends to the national level, governed under the Therapeutic Goods Act 1989, and is administered by the Therapeutic Goods Administration (TGA). The specified information includes detailed reports on adverse events and defects, as well as collated data from these reports, ensuring transparency and public safety regarding the use of therapeutic goods. Exclusions or exemptions are not explicitly detailed within the primary text of the instrument, though it is subject to modifications through subordinate instruments as necessary.

Key Provisions

The Therapeutic Goods (Information Specification—Database of Adverse Event Notifications) Instrument 2023 specifies the kinds of therapeutic goods information that may be released to the public under the Therapeutic Goods Act 1989. This includes information about adverse events related to medical devices and medicines. Specifically, the instrument mandates that certain details regarding adverse events or defects involving medical devices and medicines must be disclosed. These details include information about the device or medicine, the manufacturer and sponsor, the adverse event description, the outcome of the event, the type of event, the source of the report, and the date the report was received (sections 1, 5 and Schedule 1). Entities such as manufacturers, sponsors, and importers of therapeutic goods are required to report adverse events or defects to the Therapeutic Goods Administration (TGA). This involves providing detailed information as specified in the instrument, ensuring that all relevant data is included to facilitate accurate record-keeping and public disclosure. The TGA is then responsible for maintaining and updating the Database of Adverse Event Notifications (DAEN) for both medical devices and medicines (sections 1, 5 and Schedule 1). Breaches of the requirements to report adverse events or defects, or the improper release of information, may result in civil or criminal penalties. The Therapeutic Goods Act 1989 provides for penalties, including fines, for non-compliance with the Act and its instruments. The specific penalties can vary based on the nature and severity of the breach, but they may include substantial fines for both individuals and corporations (sections 61 and 62 of the Act).

Legal classification tags

Area of Law
Medical Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.