If not delivered return to PO Box 7820 Canberra BC ACT 2610
15 January 2016
Our reference: LEX 16961
Mr Patrick Conheady
Via email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear
Mr Conheady
Your Freedom of Information Request - Charges
1. I refer to your request dated 27 December 2015 and received by the Department of Human
Services (the
department) on the same date, for access under the
Freedom of Information Act
1982 (the
FOI Act) to the following:
'Please provide the emails, SQL queries and other documents being the source of the data
presented in table 2 'Total number of social security and welfare claims, granted and
rejected, by major payment type' in your 2014-2015 Annual Report, including the
communications in which that data was requested.'
Preliminary Assessment of the Charge
2. In accordance with section 29 of the FOI Act, I have decided that you are liable to pay a charge
for the processing of your request. My preliminary assessment of that charge is $59.30
calculated as follows:
Search and retrieval time: 3.87 hours, at $15.00 per hour:
$58.00
Decision-making time (*after deduction of 5 hours): 0 hours, at $20.00
per hour.
$0
TOTAL
$58 00
*The FOI Act provides that the first five hours of decision-making time are free of charge and
this is reflected in the calculation.
3. I am advised that the department has in its possession 4 documents (totalling 13 pages)
relevant to your request.
Required Action
4. If you would like the department to continue processing your request, you must notify the
department in writing within 30 days of receiving this notice that you:
a) agree to pay the charge;
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b) wish to contend that the charge:
i. has been wrongly assessed; or
ii. should be reduced or not imposed; or
iii. both
c) withdraw the request for access.
5. If you do not provide a written response in accordance with one of Options A, B or C above
within 30 days of receiving this notice, your request will be taken to have been withdrawn under
section 29(2) of the FOI Act.
6. Alternatively you may wish to refine the scope of your FOI request. If you would like to discuss
this, please contact me for assistance.
7. Further information on options A, B and C is set out below.
Option A - pay the charge
8. As the charge exceeds $25, you are required to pay a deposit of $20 within 30 days of receiving
this notice. You may, of course, elect to pay the charge in full at this point.
9. The amount due should be paid by cheque or money order made out to the Collector of Public
Monies. Please quote the reference number FOI LEX 16961 with your payment.
10. Should you elect to pay the charge, once you have posted your cheque or money order, please
email
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx to advise us of your payment.
Option B - seek reduction or non-imposition of the charge
11. You may contend that the charge has been wrongly assessed, or should be reduced or not
imposed. Section 29(5) of the FOI Act provides that, in deciding whether to reduce or not to
impose a charge, the decision-maker must take into account any relevant reasons, including
whether payment of the charge, or part of it, would cause your organisation financial hardship,
and whether the giving of access to the documents is in the general public interest or in the
interest of a substantial section of the public.
12. If you wish to contend that the charge has been wrongly assessed or should be reduced or not
imposed, please set out your reasons and the evidence in support of your reasons as clearly as
possible. If you believe that payment of the charge would cause your organisation financial
hardship, please provide sufficient details of your financial circumstances to enable the
decision-maker to make a well-informed decision in this regard.
Option C - withdraw your request
13. If you wish to withdraw your request you may do so in writing.
Time limits for processing your request
14. Section 31 of the FOI Act provides that where a notice is sent to an applicant regarding the
payment of a charge in respect of a request, the time limit for processing the request is
suspended from the date the notice is received until either:
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Department of Human Services
(a) the day following payment of the charge (in full or the required deposit); or
(b) if applicable, the day following the notification to the applicant of a decision not to impose the
charge.
Address for correspondence
15. Please send all correspondence regarding your FOI request to me at the following address:
Freedom of Information team
Department of Human Services
PO Box 7820
CANBERRA ACT 2610
Or by email to
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
Publication of information in the FOI disclosure log
16. Information released under the FOI Act may be published in a disclosure log on the
department's website. Section 11C of the FOI Act requires this publication, subject to certain
exceptions, including where publication of personal, business, professional or commercial
information would be unreasonable.
17. Should you have any enquiries concerning this matter, please contact me.
Yours sincerely
FOI Delegate
Freedom of Information Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx
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Department of Human Services
