Ministerial and Information
Management Branch
Department of Defence
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 139/13/14
Ms Julie Marlow
By email: foi+request-437-3916f04b@rightto know.org.au
Dear Ms Marlow
NOTICE OF PRELIMINARY ASSESSMENT OF CHARGES
1.
I refer to your email of 8 October 2013 in which you requested access, under the
Freedom of Information Act 1982 (FOI Act), to:
“access to all initial environmental impact assessments undertaken by, or on behalf of,
Australia and/or the US Navy for the Mobile User Objective System ground station at
Kojarena WA.
I also request access to all records of environmental monitoring of the MUOS
installation since it commenced operation.”
Liability to pay charges
2.
In accordance with section 29 of the FOI Act, I decided that you are liable to pay a
charge for processing your request and for giving access to any documents that may be
released to you.
3.
The decision that you are liable to pay a charge does not mean that you are required to
pay now. You will only have to pay if, after consideration of your response to this letter, the
decision is made to impose a charge. We will inform you when such a decision has been made
and will let you know about your rights to seek review of the decision. You may, at any stage
before a charge is imposed, withdraw your request. You would then not be legally required to
pay the charge.
Preliminary assessment of charges schedule
4.
Your request was referred to the relevant areas in Defence for an estimate to be made of
the work that would be involved in processing it. An estimate was also obtained of the number
of pages of documents that, if disclosed, would attract a copying charge. The purpose of
Defending Australia and its National Interests
2
obtaining these estimates is to allow a preliminary assessment to be made of the charge that, if
imposed, your request would attract. The preliminary assessment of the charge is as follows:
Search and retrieval time:
2 hours & 30 minutes @ $15 per hour
$ 3
7.50
Decision-making time:
9 hours @ $20 per hour
18
$ 0.00
Copying of documents:
86 pages @ 10 cents per page
$ 8.60
GST (Exempt):
Nil
Sub total:
22
$ 6.10
Less
5 hours of free decision making time
1
$ 00.00
Total
1
$ 26.10
Deposit required
$ 31
.50
(The rates of charges are set by the Freedom of Information Charges Regulations.)
Basis on which charges are estimated
5.
The basis of the estimates on which this preliminary assessment was made is as
follows:
Search and retrieval time: The areas that would be responsible for processing your
request advised that it would take approximately 2 hours and thirty minutes to identify,
locate and retrieve the requested documents. This would involve searching an electronic
record management system to establish the location of relevant files, physically
locating and extracting files and reading their content to locate documents relevant to
your request.
Decision-making time, comprised of:
a. 3 hours to examine approximately eight six pages of documents that may fall
within the terms of your request;
b. 2 hours for consulting with bodies outside Defence in the decision-making
process;
c. 2 hours to make copies with exempt or irrelevant matter deleted; and
d. 2 hours in preparing notices of decision.
This estimate has been adjusted to take into account the free decision-making time
allowed under the FOI charges regulations.
Copying of documents: Photocopying of documents that are disclosed is charged at 10
cents per A4 page. [Please note that, although an estimate has been made of the cost of
providing photocopies of documents in response to your request, no decision to release
any document has been made. This letter should not be taken to mean that your request
for access to documents will be granted.]
Defending Australia and its National Interests
3
Response to this notice
6.
You now have the opportunity to decide whether or not you wish to proceed with your
request. Section 29 of the FOI Act requires that, within 30 days of receipt of this letter, you
must let the Department know whether you wish to:
a. withdraw your request (you will not be required to pay any charges); or
b. agree to pay, in anticipation of its imposition, the charges as set out above in the
preliminary assessment of charges schedule; or
c. contend 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 above
preliminary assessment of charges. Upon receipt of the revised preliminary
assessment of charges you will be required to choose from options 6 a; b; or c
above).
7.
If you need more time to respond, please contact this office.
8.
If you do not respond to this letter within 30 days of receiving it (or by a later deadline
if we give you an extension), we will take it that you have withdrawn your request. The 30-day
time limit for processing your request is suspended from the day that you receive this letter and
resumes either:
a. on the day you agree to pay the charge (if no deposit is required);
b. the day Defence receives a correctly completed ‘Deposit Authorisation Form’;
or
c. the day on which Defence makes a decision not to impose a charge.
Right to challenge assessment of charges
9.
You may wish to contend that the charge for your request has been wrongly assessed,
or should be reduced or not imposed, as indicated above. The decision maker, when deciding
whether or not to reduce or impose a charge, will consider all relevant reasons, including the
following reasons:
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.
Adjustment of charges after request processed
10.
After processing your request has been completed, the charge payable may be adjusted
to reflect the actual processing time and the final number of pages of documents, if any, that
are disclosed. However, the amount payable can only be more than the preliminary assessment
if the decision is to release all of the documents requested in full.
Defending Australia and its National Interests
Freedom of Information and
Information Management Branch
Department of Defence
CP1-6-001
PO Box 7910
CANBERRA BC ACT 2610
Tel: 02 626 62200
Fax: 02 626 62112
xxx@xxxxxxx.xxx.xx
FREEDOM OF INFORMATION REQUEST - AUTHORISATION
FULL NAME or ORGANISATION
Service or PMKEYS ID (if applicable)
POSTAL ADDRESS:
CONTACT PHONE NUMBERS:
H
M
B
EMAIL:
FOI REFERENCE :
ABN (IF KNOWN):
DEPOSIT AMOUNT
$31.50
FINAL BALANCE AMOUNT
(to be adjusted after processing of
$94.60
request if required)
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.
An invoice for the final balance will be sent with your decision letter.
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: ____________________________________________________
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
made available.
Defending Australia and its National Interests
