If not delivered return to PO Box 7820 Canberra BC ACT 2610
5 July 2016
Our reference: LEX 19533
Mr James Smith
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith
Freedom of Information Request - Charges
I refer to your request dated 10 June 2016 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:
'I request all emails, and any other records, which were created in the department's efforts to
identify the documents I requested on 2 May 2016, in relation to this request. To be clear,
this includes any replies you may have received from the different sections within the
department.’
Revised request
On 24 June 2016, the department sent you a notice under section 24AB of the FOI Act inviting you
to revise the scope of your request.
On 25 June 2016, you sent the following correspondence:
'My revised request is not for the documents I requested on 2 May. Instead of the
documents, at this stage I would like to see the emails that have been generated as a
result of my original request. This includes emails sent from the FOI area to all business
areas seeking the requested information, and replies to those emails. Where applicable,
this would also include any emails generated by the relevant staff within each of the
different business areas.’
From this, the department has taken your request to be for only the emails that were created in the
department’s efforts to identify the documents you requested on 2 May 2016.
PAGE 1 OF 4
Preliminary Assessment of the Charge
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 $192.25 calculated as
follows:
Search and retrieval time: 6.82 hours, at $15.00 per hour:
$102.25
Decision-making time (*after deduction of 5 hours): 4.50 hours,
at $20.00 per hour
$90.00
TOTAL
$192.25
*The FOI Act provides that the first five hours of decision-making time are free of charge and this is reflected in the
calculation.
I am advised that the department has in its possession 63 documents with 235 pages relevant to
your request.
Required Action
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;
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.
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.
Alternatively you may wish to further refine the scope of your FOI request. If you would like to
discuss this please contact me for assistance.
Further information on options A, B and C is set out below.
Option A - pay the charge
As the charge exceeds $25, you are required to pay a deposit of $48.13 within 30 days of receiving
this notice. You may, of course, elect to pay the charge in full at this point.
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 19533 with your payment.
Should you elect to pay the charge please email xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx once you
have posted your cheque or money order to advise us of your payment.
PAGE 2 OF 4
Department of Human Services
Option B - seek reduction or non-imposition of the charge
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.
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
If you wish to withdraw your request you may do so in writing.
Time limits for processing your request
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:
(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
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
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.
PAGE 3 OF 4
Department of Human Services
Further assistance
If you have any questions please email xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Litigation Branch Legal Services Division
Department of Human Services
PAGE 4 OF 4
Department of Human Services
