15 May 2017
Our reference: LEX 29011
Mr Derek Adams
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Adams
Freedom of Information Request – Varied decision
I refer to your correspondence sent to the Office of the Australian Information Commissioner
(
OAIC), seeking a review of the Department of Human Services’ (
the department)
deemed
affirmation of the preliminary assessment of charges (the
Charges Decision) dated
15 March 2017, in response to your freedom of information request (
LEX 25125).
The department has reconsidered the preliminary assessment of charges for your request and has
made a new decision in accordance with section 55G(1) of the FOI Act, which relevantly states:
‘…An agency may vary (or set aside and substitute) an access refusal decision in relation
to a request at any time during an IC review of the access refusal decision if the variation or
substitution (the
Revised Decision) would have an effect of: …
(b) relieving the IC review applicant from liability to pay a charge.
I am authorised to make decisions under section 23(1) of the FOI Act.
Revised Decision on charges
In accordance with section 55G, the department has set aside the Charges Decision. The
department has substituted the Charges Decision with the Revised Decision.
The Revised Decision is that no charge is payable for processing this request.
The department will provide you with a final decision on access to the documents on 19 May 2017.
Rights of review of the Revised Decision
The Office of the Australian Information Commissioner is currently reviewing the department’s
Charges Decision. Under section 55G(2)(b), the Information Commissioner must deal with your
review application for the Charges Decision as if it were an application for review of the
department’s Revised Decision.
The Office of the Australian Information Commissioner will provide you with a decision on the
outcome of your review. Any questions about review of the Office of the Australian Information
Commissioner decision should be directed to that office.
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Department of Human Services
Further assistance
If you have any questions please email
xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xxx.xx. Yours sincerely
Charlie
Freedom of Information Team
FOI and Litigation Branch | Legal Services Division
Department of Human Services
Cc:
Ms Shelley Napper
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
xxxxxxx.xxxxxx@xxxx.xxx.xx
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Department of Human Services
