If not delivered return to PO Box 7820 Canberra BC ACT 2610
20 March 2017
Our reference: LEX 25282
Mr Justin Warren
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Warren
Freedom of Information Request – Reconsideration of Charges
I refer to your revised request dated 6 February 2017 and received by the Department of Human
Services (the
department) on the same day, for access under the
Freedom of Information Act 1982
(the
FOI Act) to the following:
' - The business case document(s) for the Pay As You Go (PAYG) data matching initiative
that is the subject of Question on Notice HS 15 from the Senate Community Affairs
Legislation Committee Budget Estimates hearing on 3 June 2015.
http://www.aph.gov.au/Parliamentary_Business/Senate_Estimates/clacctte/estimates/bud15
16/DHS/index
- Documents that describe the algorithm or process used to perform the data matching that
identified the "approximately 1,080,000" discrepancies between PAYG data and data
reported by DHS customers, as referred to in the Answer to Question HS 15.
- Documents that describe the analysis process for how the value of "historical
discrepancies", as described in the Answer to Question HS 15, was determined. Such
documents should describe the statistical method, the sampling process used, statistics
returned (standard error, mean, confidence interval, etc.), how the likely average debt value
was determined, etc.
- [the final version of the Requirements Specification (or similar document)] containing the
program specifications/requirements used to define how the data matching process should
be implemented by programmers. Such [a document] would refer to, for example, the use of
certain fields to match on such as ABN, Business Name, Customer Name, etc
Where multiple revisions of documents exist, I am only interested in the version current at
the time the Department refers to in its answer to HS15'
Background
On the 16 February 2017 you were notified that you are liable to pay a change for the processing of
your request and advised that the preliminary assessment of that charge was $600.00. This charge
was calculated as follows:
PAGE 1 OF 6
Search and retrieval time: 4 hours, at $15.00 per hour:
$60.00
Decision-making time (*after deduction of 5 hours): 27 hours, at
$20.00 per hour
$540.00
TOTAL
$600.00
*The FOI Act provides that the first five hours of decision-making time are free of charge and this is reflected in the
calculation.
On 16 February 2017 you responded to the preliminary charge notification, contending that the
charge be waived on the grounds that release of the documents is in the public interest.
What I took into account
In reaching my decision I took into account:
• the department’s correspondence of 16 February 2017, notifying you of the charge;
• your correspondence of 16 February 2017, contending that the charge should not be
imposed;
• documents falling within the scope of your request;
• the FOI Act;
• the
Freedom of Information (Charges) Regulations 1982 (the
Regulations); and
• the Guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (the
Guidelines).
Reconsideration of the Charge – Scope of Documents
I have reconsidered the preliminary charge that was notified to you. The searches of the
department’s records originally identified documents which appeared to be within the scope of your
request. On the basis of these searches, the FOI Team determined that you were liable to pay a
charge for the processing of your request, in accordance with section 29 of the FOI Act.
In the course of reconsidering the preliminary estimate of charge, the documents originally
considered were reviewed. During that review it was determined that some of the documents
originally identified do not meet the scope of your request.
Accordingly, I have decided to reduce the assessment of the charge to $510.00, calculated as
follows:
Search and retrieval time: 2.4 hours, at $15.00 per hour:
$36.00
Decision-making time (*after deduction of 5 hours): 23.7 hours,
at $20.00 per hour
$474.00
TOTAL
$510.00
*The FOI Act provides that the first five hours of decision-making time are free of charge and this is reflected in the
calculation.
The department has identified 13 documents, totalling 287 pages, relevant to your request.
PAGE 2 OF 6
Department of Human Services
Reconsideration of the Charge – Your submissions and other considerations
Section 29(4) of the FOI Act provides a discretion to reduce or not impose a charge. In making a
decision in relation to this discretion, section 29(5) requires me to consider:
• whether payment of the charge would cause financial hardship to the applicant, and
• whether giving access to the document is in the general public interest or in the interest of a
substantial section of the public.
The guidelines state, at paragraph 4.71:
‘In addition to considering those two matters, an agency or minister may consider any other
relevant matter, and in particular should give genuine consideration to any contention or
submission made by an applicant as to why a charge should be reduced or waived’.
My consideration of those matters is set out below.
Financial Hardship
You did not request reconsideration on the basis that the charge would cause you financial
hardship. I have no evidence available to me to indicate the charge would cause you financial
hardship. Accordingly, I am not satisfied the charge should be reduced or waived on this ground.
The Public Interest
You submit that the release of documents in the scope of your request is in the public interest.
In considering whether something is in the public interest for the consideration of charges, the
Guidelines relevantly provide, at paragraph 4.83:
‘The ‘public interest’ is a concept of wide import that cannot be exhaustively defined… The
following examples nevertheless illustrate circumstances in which the giving of access may
be in the general public interest or in the interest of a substantial section of the public:
• The document relates to a matter of public debate, or a policy issue under discussion
within an agency, and disclosure of the document would assist public comment on or
participation in the debate or discussion.
…
• The document is to be used by a member of Parliament in parliamentary or public
debate on an issue of public interest or general interest in the member’s electorate.’
In considering the matters you raised, including the amount of media attention and the
establishment of the Senate Community Affairs References Committee inquiry, I am satisfied there
is public interest in the subject matter of your request.
Nevertheless, I am not satisfied that the charge should be waived or reduced on this ground. Having
reviewed the documents within scope of your request, I am not satisfied that their release will
greatly inform public debate.
Given the department’s participation in the Senate Estimate hearings and the inquiry mentioned
above, the subject matter of the documents you are requesting has been canvassed in the public
domain. In this context, the release of the documents you are requesting would not reasonably
contribute to public discussion.
PAGE 3 OF 6
Department of Human Services
Accordingly, having regard to the material available in the public domain and the content of the
documents you have requested, I do not consider that the release of the documents would greatly
inform public debate.
Other grounds for reduction of the charge
Subsection 29(4) of the FOI Act provides a general discretion to reduce or not to impose a charge
which goes beyond matters relating to financial hardship and the public interest. In considering this
general discretion, I have had regard to whether the reduced charge of $510.00 appropriately
reflects the cost of processing your request.
Having reviewed the documents within the scope of your request, I consider that the calculation of
the charge fairly reflects the work in processing your request. I note that processing charges are
designed to be a contribution to the cost of processing FOI requests and do not compensate the full
costs associated with the processing of a request.
Conclusion
I am not persuaded that the charge should be reduced or waived on the grounds of financial
hardship. In weighing your submissions, I am satisfied that there is public interest in the subject
matter of your request, however I have not reduced the charge on these grounds.
I have decided to reduce the charge to $510.00 on the grounds of the reduced number of
documents within scope.
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; or
b) withdraw the request for access.
If you do not provide a written response in accordance with one of Options A or B 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.
Further information on Options A and B is set out below.
Option A - pay the charge
As the charge exceeds $100.00, you are required to pay a deposit of 25%, being $127.50, 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 25282 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.
Option B - withdraw your request
If you wish to withdraw your request you may do so in writing.
PAGE 4 OF 6
Department of Human Services
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.
You can ask for a review of this decision
I have reconsidered the assessment of charge and reject your contention that this charge has been
wrongly assessed. If you disagree with the decision to impose a charge, or the amount of the
charge, you can ask for a review. There are two ways you can do this. You can ask for an internal
review from within the department, or an external review by the Office of the Australian Information
Commissioner. You do not have to pay for reviews of decisions. See
Attachment B for more
information about how arrange a review.
Further assistance
If you have any questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Jonathon
Authorised FOI Decision Maker
FOI Legal Team
FOI and Litigation Branch Legal Services Division
Department of Human Services
PAGE 5 OF 6
Department of Human Services
Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Asking for a full explanation of a Freedom of Information decision
Before you ask for a formal review of an FOI decision, you can contact us to discuss your request.
We will explain the decision to you. This gives you a chance to correct misunderstandings.
Asking for a formal review of an Freedom of Information decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (FOI Act) gives you
the right to apply for a review of the decision. Under sections 54 and 54L of the FOI Act, you can
apply for a review of an FOI decision by:
1. an Internal Review Officer in the Department of Human Services (the department); and/or
2. the Australian Information Commissioner.
Note 1: There are no fees for these reviews.
Applying for an internal review by an Internal Review Officer
If you apply for internal review, a different decision maker to the departmental delegate who made
the original decision will carry out the review. The Internal Review Officer will consider all aspects of
the original decision and decide whether it should change. An application for internal review must
be:
• made in writing
• made within 30 days of receiving this letter
• sent to the address at the top of the first page of this letter.
Note 2: You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons for
disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
If you do not receive a decision from an Internal Review Officer in the department within 30 days of
applying, you can ask the Australian Information Commissioner for a review of the original FOI
decision.
You will have 60 days to apply in writing for a review by the Australian Information Commissioner.
PAGE 6 OF 6
Department of Human Services
Document Outline
