20 August 2019
Our reference: LEX 46187
Mr Justin Warren
Right to Know
By email only
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Warren
Freedom of Information Request – Charges and Third Party Consultation Notice
I refer to your request, received by the Department of Human Services (
department) via
email on 29 July 2019. You have requested access to the following document under the
Freedom of Information Act 1982 (
FOI Act):
I request a copy of the Privacy Impact Assessment reference number 21987 titled
"DHS Response to the Independent Review of Health Providers’ Access to Medicare
Card Numbers" as listed on the department's Privacy Impact Assessment Register.
Third-party consultation – business documents
As your request covers a document which contains business information, the department is
required to consult with the affected businesses (under section 27 of the FOI Act) before
making a decision on the release of those documents.
The consultation mechanism under section 27 of the FOI Act applies when the department
considers that the person, organisation or proprietor of the undertaking may wish to contend
that the requested document is exempt from release because the document would disclose
trade secrets or business information.
The department will take into account any comments we receive from the business.
However, the final decision about whether to grant you access to the documents you
requested rests with this department.
For this reason the period for processing your request has been extended by 30 days in
order to allow the department time to consult with the business (section 15(6) of
the FOI Act).
However, I have also decided that you are liable to pay a charge for the processing of your
request, and so the processing period for your request has been suspended. The date a
decision is due to be notified to you by will depend on the action you take in relation to your
liability to pay the charge.
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Preliminary Assessment of the Charge
In accordance with section 29 of the FOI Act and regulation 9 of the
Freedom of Information
(Charges) Regulations 2019, I have decided that you are liable to pay a charge for the
processing of your request.
I am advised that the department holds one document, comprising 40 pages that is relevant
to your request.
My preliminary assessment of that charge is
$106.15 calculated as follows:
Search and retrieval time: 0.97 hours, at $15.00 per hour
$14.55
Decision-making time, (*after deduction of 5 hours): 3.58 hours,
$91.60
at $20.00 per hour
TOTAL
$106.15
*The FOI Act provides that the first five hours of decision-making time are free of charge and this is reflected in
the calculation.
Please note that the payment of the charge does not guarantee access to the requested
document, in full or in part.
Required Action
If you would like the department to continue processing your request, you must notify the
department in writing within 30 days of receiving this notice that you:
a) agree to pay the charge; or
b) wish to contend that the charge:
i.
has been wrongly addressed; or
ii.
should be reduced or not imposed; or
iii.
both.
Alternatively, you may wish to withdraw your request for access.
If you do not provide a written response in accordance with one of options a) or b) above
within 30 days of receiving this notice, your request will be taken to have been withdrawn
under section 29(2) of the FOI Act.
Further information on options a) and b) are set out below.
Option a) – pay the charge
As the charge exceeds $100, you are required to pay the charge in full, or a 25% deposit,
being
$26.55, within 30 days of receiving this notice.
You may select from one of the following payment methods:
1. Online payment via Government EasyPay – go to
ippayments.com.au/access/index.aspx?a=85987733 and enter the relevant details.
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You will need your FOI LEX reference number,
46187; or
2. Cheque made out to the Collector of Public Monies and posted to Freedom of
Information, Department of Human Services, PO Box 7820, Canberra BC, ACT 2601;
or
3. Money order made out to the Collector of Public Monies and posted to Freedom of
Information, Department of Human Services, PO Box 7820, Canberra BC, ACT 2601.
Option b) – seek reduction or non-imposition of the charge
You may contend that the charge has been wrongly assessed, or should be reduced or not
imposed. Section 29(5) of the FOI Act provides that, in deciding whether to reduce or not to
impose a charge, the decision-maker must take into account any relevant reasons, including
whether payment of the charge, or part of it, would cause you financial hardship, and
whether the giving of access to the documents is in the general public interest or in the
interest of a substantial section of the public.
If you wish to contend that the charge has been wrongly assessed or should be reduced or
not imposed, please set out your reasons and the evidence in support of your reasons as
clearly as possible. If you believe that payment of the charge would cause you financial
hardship, please provide sufficient details of your financial circumstances to enable the
decision-maker to make a well-informed decision in this regard.
Time limits for processing your request
Section 31 of the FOI Act provides that where a notice is sent to an applicant regarding the
payment of a charge in respect of a request, the time limit for processing the request is
suspended from the date the notice is received until either:
a) the day following the payment of the charge; or
b) if applicable, the day following the notification to the applicant of a decision not to
impose the charge.
Address for correspondence
Please send all correspondence regarding your FOI request to me at the following address:
Freedom of Information Team
Department of Human Services
PO Box 7820
CANBERRA ACT 2601
Or by email to:
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx
Publication of information in the FOI disclosure log
Information released under the FOI Act may be published in a disclosure log on the
department’s website. Section 11C of the FOI Act requires this publication, subject to certain
exceptions, including where publication of personal, business, professional or commercial
information would be unreasonable.
Further assistance
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If you have any questions please email:
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx
Kind regards
Kaitlin
Authorised FOI Decision Maker
Freedom of Information Team
Employment Law and Freedom of Information Branch | Legal Services Division
Department of Human Services
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