Your Ref
Our Ref
LEX930
NLXQ
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear NLXQ
Your Freedom of Information request - charge decision
I refer to your request, received by the Department of Education (department) on Friday 23
February 2024, for access under the
Freedom of Information Act 1982 (FOI Act) to the
following documents:
“1. Correspondence with The King's School since 1 June 2022 (including any attachments)
regarding compliance with federal/state legislative funding requirements.
2. Correspondence with the NSW Government since 1 June 2022 (including any attachments)
regarding The King's School's compliance with federal/state legislative funding
requirements.”
I note that in accordance with your email dated Sunday 17 March 2024, your request has
been revised to
exclude the following:
“- standard correspondence of a routine nature (for example, correspondence of a similar
form sent to all non-government schools).
- documents that are duplicates.
- draft copies of documents.
- for email correspondence, any earlier emails in the trail, provided that the latest email in the
trail is included.
- personal information of non-SES officers and individuals external to the department,
provided that the job title/position remains included.”
GPO Box 9880, Canberra ACT 2601 | Phone 1300 488 064 | www.education.gov.au | ABN 12 862 898 150
Background
On 8 March 2024, the department advised you of the preliminary estimate of the charge for
processing your request, being $557.00. On 17 March 2024, you contended that the charge
for processing your request should not be imposed on the ground of public interest. You also
revised the scope of your request, which reduced the number of documents falling within
the scope. Based on the revised scope, the revised preliminary estimate of the charge for
processing your request would be $439.98.
My decision
I am authorised to make decisions under section 23(1) of the FOI Act.
Subsection 29(5) of the FOI Act provides that, without limiting the matters that an agency
may take into account when making a decision about whether to reduce, or not impose, a
processing charge, the decision maker must consider:
• whether payment of a charge, or part of it, would cause financial hardship to an
applicant; and
• whether the giving of access to the document in question is in the general public
interest, or in the interest of a substantial section of the public.
In addition to these two matters, paragraph 4.3 of the FOI Guidelines issued by the
Australian Information Commissioner under section 93A of the FOI Act provides that an
agency has a discretion to impose or not impose a charge, or to impose a lower charge.
While I consider there are grounds for a processing charge to be imposed for the processing
of your FOI request, on this occasion, I have decided to exercise my discretion to not impose
the charge. The department will notify you of the decision on your FOI request within the
statutory timeframes of the FOI Act.
Further assistance
If you have any questions, please email xxx@xxxxxxxxx.xxx.xx.
Yours sincerely
Katherine
Authorised decision maker
Freedom of Information Team
Department of Education
15 April 2024
GPO Box 9880, Canberra ACT 2601 | Phone 1300 488 064 | www.education.gov.au | ABN 12 862 898 150
