30 November 2018
Mr B Fairless BY EMAIL: [FOI #5042 email]
In reply please quote:
Dear Mr Fairless
I refer to your request dated 14 November 2018 in which you have sought access to
documents held by the Department of Home Affairs (the Department) under the Freedom of
Information Act 1982
(the FOI Act).
You have requested access to:
Under section 23 of the Freedom of Information Act, the principal officer or
minister can make arrangements to give their decision making powers to others.
A copy of the current arrangements for the Department of Home Affairs.
This letter is to notify you of the decision that you are liable to pay a charge for the processing
of this request.
I am an officer authorised under section 23(1) of the FOI Act to make decisions in relation to
FOI requests, including the decision to impose a charge.
As provided under section 29 of the FOI Act and the Freedom of Information (Charges)
(the Regulations), I have undertaken a preliminary assessment of the
amount of charges you are liable to pay and have assessed that to be $15.00.
Preliminary Assessment of Charges
The Department has identified one document which falls within the scope of your request.
I have assessed the work the Department would need to do to process your request, taking
into account time spent by the relevant area to conduct the search and retrieval of documents,
and have calculated the following breakdown of charges.
Search and Retrieval -
1 hour @ $15 per hour
Decision Making -
1 hour (5 hours free of charge)
6 Chan Street B 1
connen ACT 2617
PO BOX 25 Belconnen ACT 2616 • Telephone: 02 8861 4524 • Fax: • www.homeaffairs.gov.au
Details of the Charge
It has taken 1 hour to search and retrieve the document which falls within the scope of your
request. This document will require a decision to be made on access, and it is estimated that
this will take 1 hour (noting that the first 5 hours are free of charge).
As the charge is less than $25.00 the full amount will be sought if the charge is imposed.
Please note that by paying the charge you are deemed to have accepted the charge.
Timeframe for your response and next steps
The FOI Act provides you with 30 days to respond, in writing, to this notice, which is Sunday,
30 December 2018.However, as this date falls on a non-working day, section 36(2) of the Acts
Interpretation Act 1901 provides that the latest date you may respond is the next working day,
which is Monday, 31 December 2018.
By this date you must
do one of the following:
• agree to pay the charge;
• contend that the charge has been wrongly assessed; or should be reduced or
not imposed; and explain your reasons; or
• you may withdraw your request.
If you seek to contend the assessment of charges the Department may make a decision on
whether a charge should be reduced or not imposed and must
take into account:
• whether payment of the charge, or part of it, would cause you financial hardship
• whether giving access to the documents is in the general public interest or in
the interest of a substantial section of the public
This is not an exhaustive list and the Department may consider any other relevant matters.
Please note that if you do not provide a written response within the 30 day timeframe your
request will be taken to have been withdrawn (by you) under section 29(2) of the Act.
To indicate your agreement to pay the charge you are required to pay the deposit, or pay the
charge in full.
The Department has a number of payment options available, including an online payment
facility for credit/debit cards; automated telephone payment system and BPay. You may also
pay the charge by cheque or money order.
Electronic funds transfer/credit card payment
If you wish to pay the charges using a credit card, the online payment facility, telephone
payment system or BPay, please advise the FOI Section, and a tax invoice will be provided to
you which will include full details of how the payment can be made.
Payment by cheque/money order
If you wish to pay by cheque or money order, please make the cheque/money order payable
to ‘Collector of Public Monies Home Affairs
’; and send via post to:
Freedom of Information
Department of Home Affairs
PO BOX 25 Belconnen ACT 2616
If the Department fails to make a decision on your request within the statutory time limit, the
payment will be refunded.
Processing period suspended
The period for processing your request is suspended from the day that you are deemed to
have been ‘notified’ of the charge and resumes on:
• the day you indicate that you agree to pay the charge; or
• the day on which this agency makes a decision not to impose a charge.
A copy of the FOI Act is available at https://www.legislation.gov.au/Series/C2004A02562.
If you are unable to access the legislation through this website, please contact our office for a
If you have any enquiries concerning this matter, please contact the FOI Section at
[DIBP request email].
FOI Case Officer | Freedom of Information
FOI and Records Management Branch
Productivity and Compliance Division | Corporate and Enabling Group
Department of Home Affairs