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Manufacturer's ongoing responsibilities
Manufacturers have ongoing legal obligations for medical devices that they manufacture that are supplied in Australia. These obligations are outlined in full in the therapeutic goods legislation including:
- Therapeutic Goods Act 1989
- Therapeutic Goods Regulations 1990
- Therapeutic Goods (Medical Devices) Regulations 2002
As part of the approval process to market a medical device in Australia a manufacturer must sign an Australian Declaration of Conformity. The Australian Declaration of Conformity states which conformity assessment procedures the manufacturer has chosen to use to demonstrate that their medical device meets the Essential Principles. The ongoing obligations for a manufacturer vary depending on which conformity assessment procedures they have used.
Full details of the ongoing obligations for each of the conformity assessment procedures are in Schedule 3 of the Therapeutic Goods Regulations (Medical Devices) 2002 (the Regulations). These surveillance activities are a critical part of the manufacturer's overall quality manufacturing system. The following table provides examples of how manufacturers can meet their ongoing responsibilities as set out in the legislation:
Requirement | Example(s) | Legislative reference |
---|---|---|
Manufacturer must maintain appropriate records |
For all devices that are not Class I non-sterile and non-measuring:
|
Schedule 3 of the Regulations |
Implement appropriate means to apply any necessary corrective action in relation to the design or production of a device | Unless covered by the exemption rules you must notify the TGA or the sponsor as soon as practicable after becoming aware of:
For more information on reporting adverse events, please refer to Adverse Event Reporting. |
Schedule 3 of the Regulations |
Note
Even though a certified quality system is not required for manufacturers of Class I (non-sterile or non-measuring) medical devices, the manufacturer is still required to have an ongoing surveillance system established, in accordance with clause 6.5 of Schedule 3 of the Therapeutic Goods Regulations (Medical Devices) 2002.
Manufacturers must also notify the TGA of substantial changes to the design, intended performance or quality management system of the device. For more information on changes, please see Varying entries in the ARTG - medical devices and IVDs.
Version | Description of change | Author | Effective date |
---|---|---|---|
V1.0 | Original publication | Medical Devices Branch | October 2019 |