Mr Jackson Gothe‐Snape
(
via email: foi+request‐3299‐xxxxxxxx@xxxxxxxxxxx.xxx.xx)
24 April 2017
Dear Mr Gothe‐Snape
Freedom of Information Request FOI 26‐1617 – Preliminary Estimate of Charges Notice
I refer to your request on 28 March 2017 for access to documents under the
Freedom of
Information Act 1982 (
FOI Act).
Notice that you are liable to pay a charge (s 29)
I am writing to advise you of my decision that you are liable to pay a charge in respect of the
processing of your request. I am an officer authorised under subsection 23(1) of the FOI Act to
make decisions in relation to FOI requests.
My preliminary assessment of the charge you are liable to pay is at Enclosure 1.
Basis for my preliminary assessment of the charge
I have assessed the work the Department would need to do to process your request and have
calculated the breakdown of charges at Enclosure 1 in accordance with section 29 of the FOI Act,
the
Freedom of Information (Charges) Regulations 1982, and the Australian Information
Commissioner’s
FOI Guidelines (Part 4 – Charges for providing access).
Your right to contend the charge
Under the FOI Act, you have the right to contend that the charge:
has been wrongly assessed,
should be reduced, or
should not be imposed.
In deciding whether a charge should be reduced or not imposed, a decision maker in our agency
must take into account:
whether payment of the charge, or part of it, would cause you financial hardship,
whether giving access to the document[s] is in the general public interest or in the
interest of a substantial section of the public, and
any other relevant matter.
Payment of deposit
Please pay the deposit indicated at Enclosure 1.
38 Sydney Avenue, Forrest, Canberra ACT 2603 Australia telephone 02 6271 1000 website
communications.gov.au arts.gov.au
2
Where a charge exceeds $25, a deposit of $20 will be sought if the charge is imposed. Where a
charge exceeds $100, a 25 per cent deposit will be sought if the charge is imposed.
The deposit is not refundable except in limited circumstances (for example, it may be fully
refundable if the Department fails to make a decision on your request within the statutory time
limit, or may be refundable in part if the final charge is less than the deposit paid).
The time you have to respond and what you need to do
You have 30 days from the date of this notice to respond in writing to this notice. By that date,
you must do one of the following things in writing:
agree to pay the charge (this will mean that you will not be entitled to access the
requested documents until the full charge, other than any inspection charge, is paid);
contend that the charge has been wrongly assessed, or should be reduced or not
imposed, and explain your reasons; or
withdraw your request.
Please send your response to:
By email
By post
FOI Coordinator
FOI Coordinator
xxx@xxxxxxxxxxxxxx.xxx.xx
Office of the General Counsel
Department of Communications and the Arts
GPO Box 2154
Canberra ACT 2601
If you do not provide us with a written response by the due date, your request will be taken to
have been withdrawn.
The period for processing your request is suspended from the day that you receive this notice and
resumes on either the day you pay the charge (in full or the required deposit) or the day on which
a departmental decision maker makes a decision not to impose a charge.
Questions about this notice
If you have any questions or wish to discuss this notice with us, please contact the Department’s
FOI Coordinator by telephone (02) 6271 1277, or by email to xxx@xxxxxxxxxxxxxx.xxx.xx.
The FOI Act provides for rights of review of decisions. I have attached a copy of the Office of the
Australian Information Commissioner’s FOI fact sheet 12 – Your review rights.
Yours sincerely
Legal Director
Office of the General Counsel
Position Number 112404
Enclosure 1
Preliminary assessment of charge