The Hon Mark Butler MP
Minister for Health and Aged Care
FOI reference: FOI-4387
JS
Email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear JS
Freedom of Information Request reference: FOI-4387
Notification of liability to pay charge
I refer to your request of 29 April 2023, to the Office of the Minister for Health and Aged Care,
the Hon Mark Butler MP, seeking access under the
Freedom of Information Act 1982 (Cth)
(FOI Act) to:
I request all communications between the Office of the Minister for Health (including the
previous occupant of this role) and Trent Twomey of the Pharmacy Guild of Australia
from 1 January 2022 until 29 April 2023.
I am writing to advise you of my decision that you are liable to pay a charge in respect of the
processing of your request.
I am an officer authorised under section 23(1) of the FOI Act to make decisions in relation to
FOI requests.
In accordance with section 29 of the FOI Act and the Freedom of Information (Charges)
Regulations 2019, my preliminary assessment of the charge you are liable to pay is
$295.00 .
Basis for my preliminary assessment of the charge
I have assessed the work that the Minister’s Office (MO) would need to do to process your
request and a calculation of the breakdown of charges is set out in
ATTACHMENT A.
Your right to contend the charge
Under the FOI Act, you have the right to contend that the charge:
• has been wrongly assessed, or
• should be reduced, or
• should not be imposed.
In deciding whether a charge should be reduced or not imposed, the decision maker must
take into account:
• whether payment of the charge, or part of it, would cause you financial hardship
• whether giving access to the documents is in the general public interest or in the
interest of a substantial section of the public
• any other relevant matter.
Parliament House Canberra ACT 2600 | xxxxxxxx.xxxxxx@xxxxxx.xxx.xx
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Payment of a deposit
As the charge exceeds $100, a deposit of 25%, or
$73.75, will be sought if the charge is imposed.
The deposit is not refundable except in some limited circumstances (for example, if the
decision maker fails to make a decision on your request within the statutory time limit),
or may be refundable in part if the final charge is less than the deposit paid.
How to make payment
The Department of Health and Aged Care can accept payment on behalf of the MO by credit
card, money order or cheque.
If you wish to pay by credit card, please contact the Department of Health and Aged Care’s
FOI Section at xxx@xxxxxx.xxx.xx indicating that you agree to pay the charge and to be further
advised on the steps to follow to make that payment.
If you chose to pay by cheque or money order, it should be sent to the following address:
FOI Unit (MDP 516)
Department of Health and Aged Care
GPO Box 9848
CANBERRA ACT 2601
The time you have to respond and what you need to do
You have 30 days from the date this notice is provided to you to respond. Within those
30 days, you must do one of the following things in writing:
• agree to pay the charge (this will mean that you will not be entitled to access the
requested documents until the full charge is paid)
• contend that the charge has been wrongly assessed, or should be reduced or not
imposed and explain your reasons
• withdraw your request.
Please send your response to:
xxx@xxxxxx.xxx.xx
or
FOI Unit (MDP 516)
Department of Health and Aged Care
GPO Box 9848
CANBERRA ACT 2601
If you do not provide us with a written response within 30 days, your request will be taken to
have been withdrawn.
The period for processing your request is suspended from the day that you receive this notice
and resumes on either the day you pay the charge (in full or the required deposit) or the day
on which the decision maker makes a decision not to impose a charge.
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Additional information
More information about charges under the FOI Act is available here:
• Office of the Australian Information Commissioner’s website:
www.oaic.gov.au/freedom-of-information/guidance-and-advice/calculating-and-
imposing-charges-for-foi-access-requests/ and
• The Guidelines issued by the Australian Information Commissioner under s 93A of
the FOI Act: www.oaic.gov.au/freedom-of-information/foi-guidelines/part-4-
charges-for-providing-access/
Contacts
If you require clarification of any matters discussed in this letter you can contact the
Department of Health and Aged Care’s FOI Section on (02) 6289 1666 or at xxx@xxxxxx.xxx.xx
Yours sincerely
Nick Martin
Chief of Staff
Office of the Minister for Health and Aged Care
26 May 2023
