18 January 2019
Our reference: 1811001
Mr Richard Smith:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Response to Charges Query
Dear Mr Smith,
I refer to your email of 15 January 2019 querying the charges levied on your Freedom of Information
(FOI) request under the
Freedom of Information Act 1982 and the Freedom of Information (Charges)
Regulations 1982 by the Australian Digital Health Agency (the
Agency). I note that you consider the
calculations in the charges letter to be unrealistic, even though the request you have made is very
large, includes third parties and is for documents that are not of a personal nature.
The charges estimate is an estimate. It is based on standardised measures relating to the amount of
time required for certain tasks. These estimates are based on assumptions regularly applied across
the Commonwealth. The estimates in all FOI matters account for the:
• number of relevant files;
• number of relevant pages;
• number of relevant documents;
• number of exempt pages;
• number of pages released with deletions;
• number of any third parties to consult; and
• other costs.
In practice this means that the charges levied have considered the impact of the information in the
documents on decision making time and preparing material, its analysis and redaction. This takes
considerably more time than the estimated five minutes per page for some documents.
Also, the Agency may recalculate the estimate to determine the actual cost of processing. If less than
the accepted estimated, a refund will be provided at the end of the FOI process of the difference of
the actual and estimated costs of the FOI request
Under subsections 29(4) and 30A(1), the Agency retains the discretion to apply, reduce or remit
charges, or to remit a fee. However, there is no automatic remission of fees or charges based solely
on the status of the applicant or of the institution on behalf of which an applicant may be seeking
access.
The FOI Act specifies two principal grounds for remission of fees and charges, which are financial
hardship and public interest. The OAIC guidance advises that:
“It is important that you explain or provide evidence to support your claim for waiver or
reduction. To support a claim that a charge wil cause you financial hardship you might, for
Australian Digital Health Agency ABN 84 425 496 912, Level 25, 175 Liverpool Street, Sydney, NSW 2000
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ne +61 2 8298 2600 Facsimile +61 2 8298 2666
www.digitalhealth.gov.au OFFICIAL
example, provide a copy of a pension or welfare card. If you claim that disclosure would be in
the public interest, you might explain how the documents wil be used in public research, in
preparing a submission to a parliamentary inquiry, or in advancing public debate on a topic of
current importance.
An agency is not obliged to waive or reduce a charge, even if it accepts your reason for
requesting it. In particular, an agency can decide to impose a charge even though it would
cause you financial hardship or disclosure would be in the public interest.”
You have made a statement that financial hardship grounds be considered. However, you have not
provided any evidence of your hardship such as a pension or welfare card.
You have also stated that the documentation you are seeking concerns public debate. You have
failed to make a convincing argument to reduce a fee on public interest grounds. As you stated, the
discussions about the issues you have raised have been aired in the press and social media
extensively over the last six months and much of the information is available in the public domain.
The Agency holds with the estimated charges levied and requires you to pay the deposit to enable
the FOI process to advance.
Review
Decisions in respect of the imposition of application fees or charges are reviewable by internal review
under paragraphs 54(1)(d) and (e) of the FOI Act, or review by the OAIC, or review by the
Administrative Appeals Tribunal as set out in paragraphs 55(1)(d) and (e) of the FOI Act.
Contact officer
If you would like to ask any questions, the contact officer for your request is Cecilia who can be
telephoned on (02) 6223 0780 or emailed
at xxx@xxxxxxxxxxxxx.xxx.xx. Yours sincerely
Bettina McMahon
Authorised Decision Maker