Freedom of Information
CP1-6-001
PO Box 7910
CANBERRA BC ACT 2610
Tel: 02 626 62200
Fax: 02 626 62112
xxx@xxxxxxx.xxx.xx
Our reference: FOI 244/17/18
By email: mailto:xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Pane
NOTICE OF PRELIMINARY ASSESSMENT OF CHARGES
1.
I refer to your request of 21 December 2017 in which you requested access, under the
Freedom of Information Act 1982 (FOI Act), to:
I seek under FOI any documents held by the Information Management and Access Branch of
the Governance and Reform Division, relating to guidance, procedure or policy for the
management and administration of FOI applications made by members of the public.
I also seek any documents relating to guidance, procedure or policy on “difficult” or
“problematic” applicants that relate to Defence’s management and administration of FOI
applications.
I would also be interested in any documents relating to guidance, procedure or policy with
respect to the training of delegates, with respect to Defence’s management and
administration of FOI applications.
2.
On 19 January 2018 you were advised that you request was at risk of a practical refusal
under section 24AA of the FOI Act. On 6 February 2017 you agreed to the following revised
scope:
I seek under FOI any documents held by the Freedom of Information (FOI) Branch of the
Governance and Reform Division, relating to:
ITEM 1 - current guidance, procedure or policy held on the Defence corporate records
management system, for the management and administration of FOI applications used by
FOI staff to process requests made by members of the public on a day to day basis.
ITEM 2 - current documents relating to guidance, procedure or policy on “difficult” or
“problematic” applicants that relate to Defence’s management and administration of FOI
applications.
ITEM 3 - current documents relating to guidance, procedure or policy and training with
respect to Defence’s management and administration of FOI applications.
2
Excluding websites, historical documents, proposed documents, templates, informal notes
and draft documents.
3.
The Department excludes personal email addresses, signatures, personnel (PMKeyS)
numbers and mobile telephone numbers, contained in documents that fall within the scope of
a FOI request unless you specifically request such details. Defence also excludes duplicates of
documents [and documents sent to and from you].
4.
If you do require these personal details, please inform us within five days of
receipt of this email so that the decision maker can consider your request.
LIABILITY TO PAY CHARGES
5.
In accordance with section 29 of the FOI Act, Mrs Melissa Davidson, Director Freedom
of Information, deemed that you are required to pay a charge for processing your request.
6.
The decision regarding payment of a charge does not mean that you are required to pay
now. You will only be required to pay if, after consideration of your response to this letter, the
decision is made to impose a charge.
PRELIMINARY ASSESSMENT OF CHARGES
7.
The preliminary assessment of the charge is $319.60. You are required to pay a deposit
of $79.90. A breakdown of the charges is at Enclosure 1.
DEPOSIT REQUIRED
8.
If you wish to proceed with your request, and agree to pay the charge, a deposit is
required as indicated above in the preliminary assessment of charges.
9.
Please complete the authorisation form at Enclosure 2 and return it. Processing will
recommence on receipt of the deposit payment.
RESPONSE TO THIS NOTICE
10. Under the FOI Act you have 30 days of receipt of this letter to notify the Department of
your decision to:
a.
withdraw your request (you will not be required to pay any charges); or
b.
agree to pay the charges as set out in the preliminary assessment of charges;
or
c.
contest that the charge has been wrongly assessed, or should be reduced or
not imposed (you should give your full reasons for doing so); or
d.
reduce the scope of your request. Defence will offer you one opportunity to
consult our office to reduce the scope of your request and revise the
preliminary assessment of charges.
11. If you require additional time to respond, please contact this office.
3
12. If you do not respond to this letter within 30 days or by the extension date provided by
this office, it will be assumed you have withdrawn your request.
CHALLENGING ASSESSMENT OF CHARGES
13. If you wish to contest the charges for your request, the decision maker will consider all
relevant reasons which include the following:
a.
whether payment of the charge, or part of it, would cause you financial
hardship; and
b.
whether the giving of access to the documents requested is in the general
public interest or in the interest of a substantial section of the public.
FURTHER INFORMATION
14. If you proceed with the request, when a decision letter is sent to you, an invoice for the
outstanding balance of charges will be raised and forwarded to you within 5 working days.
Documents will not be released until we receive your proof of payment.
15. In accordance with the requirements of section 11C of the FOI Act, Defence is required
to publish, on its website, information released under the FOI Act within 10 working days of
the applicant being given access to documents. Defence will also publish the decision notice,
with personal and business information deleted.
16. Please contact me if you have any questions about this matter.
Yours sincerely
Digitally signed by
matthew.ash matthew.ashauer
Date: 2018.02.06 15:50:18
auer
+11'00'
Matthew Ashauer
Case Officer
Freedom of Information
6 February 2018
Enclosures:
1.
Breakdown of Charges
2.
FOI – Deposit authorisation
Freedom of Information
CP1-6-001
PO Box 7910
CANBERRA BC ACT 2610
Tel: 02 626 62200
Fax: 02 626 62112
xxx@xxxxxxx.xxx.xx
Enclosure 1
BREAKDOWN OF CHARGES
Search and retrieval time
Searching for documents
2
2 hours @ $15 per hour
$
30.
00
Decision-making time
Examination of documents
9
9.48 hours @ $20 per hour
189.
$
60
Consulting outside of Defence 3
0 3 hours @ $20 per hour
$
60.
00
Making copies of documents
0 @ $20 per hour
$
-
Preparing decision notice
2
0 2 hours @ $20 per hour
$
40.
00
Other decision making tasks
5
0 5 hours @ $20 per hour
100.
$
00
Less
0 % reduction for personal information
$
-
Less
5
0 5 hours of free decision making time
100.
$
00
Other tasks
0
0
$
-
Copying of documents
pages @ 10 cents per page
$
-
Production of CD
GST (Exempt)
Nil
Total
3
$ 19.60
Deposit required
$ 79.90
Freedom of Information
CP1-6-001
PO Box 7910
CANBERRA BC ACT 2610
Tel: 02 626 62200
Fax: 02 626 62112
xxx@xxxxxxx.xxx.xx
Enclosure 2
FREEDOM OF INFORMATION REQUEST - PAYMENT AUTHORISATION
FULL NAME or ORGANISATION
Ms Verity Pane
POSTAL ADDRESS:
CONTACT PHONE NUMBERS
H/B
M
mailto:foi+request-4276-
EMAIL:
xxxxxxxx@xxxxxxxxxxx.xxx.xx
FOI REFERENCE :
244 1718
DEPOSIT AMOUNT $
79.90
By signing this form you are agreeing to pay the charges notified to you by the Freedom of
Information Directorate. The deposit is not refundable except in some limited circumstances
(for example, if Defence 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.
On completion of your request a final invoice will be generated for the outstanding balance of
charges.
PLEASE DO NOT SEND CHEQUES OR MONEY ORDERS TO FOI
Once our office receives this form, the Department of Defence will generate an invoice in
order for you to make payment of the agreed charges via one of the payment options.
Our office will not proceed to process your request until a receipt has been received in
our office notifying that the deposit amount has been paid.
Please sign below and return this form by one of the following:
via email to xxx@xxxxxxx.xxx.xx
via fax 02 6266 2112
by post to the address noted above.
Signature: ____________________________________________________
