From:
FOI
To:
"xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx"
Subject:
Freedom of Information Request 1375 - Notice of Liability to pay a Charge and Third Party Consultation
[SEC=OFFICIAL]
Date:
Monday, 18 November 2019 2:28:15 PM
Attachments:
image001.png
Dear Mr Stewart
I refer to your request of 21 October 2019 to the Department of Health (department) seeking
access under the Freedom of Information Act 1982 (Cth) (FOI Act) to the following
documents:
‘I would like a copy of all correspondence between the Health department/Minister
Hunt and call My Doctor Pty Ltd.’
Notice of Third Party Consultation
It appears, from the documents to which you seek access, a third party may reasonably
wish to make a contention concerning possible exemption of some of the documents.
Accordingly, Ms Kristin English, Director, FOI & Legislation Support Section, an officer
authorised under section 23(1) of the FOI Act to make decisions in relation to freedom of
information requests, has determined the requirements of sections 27 and 27A of the FOI
Act make it appropriate to extend the time frame for dealing with your request.
Pursuant to section 15(6) of the FOI Act, the period for providing you with a decision has
been extended by a further period of 30 days. This means the department must, not later
than 60 calendar days after the day on which your request was received, take all reasonable
steps to notify you of a decision on your request.
The period of 60 calendar days is, however, suspended by virtue of the Notice of Liability to
Pay a Charge below.
Notice of Liability to Pay a Charge
Ms English has also decided that you are liable to pay a charge in respect of the processing
of your request.
Preliminary Assessment
In accordance with section 29 of the FOI Act and the Freedom of Information (Charges)
Regulations 2019, my preliminary assessment of the charge you are liable to pay is
$862.05.
This has been calculated as follows:
search and retrieval time (including
26.3867 hours @ $15.00 per hour
$395.80
time spent locating relevant files and
collating relevant documents
contained on those files)
decision making time (including time
28.3127 hours @ $20.00 per hour
$566.25
spent examining the documents,
Less first 5 hours free
($100.00)
considering exemptions, undertaking
consultation, writing the decision and
preparing any documents for release)
TOTAL
$862.05
Deposit
Ms English has also decided that you are required to pay a deposit of $215.51. Payment of
a deposit is taken as your authority to proceed with processing of your request and your
agreement to pay the full charge in which case you will become liable to the Commonwealth
for the full cost of processing the charge.
Payment
The department can accept credit card, money order or cheque payments.
If you choose to pay by cheque (personal or bank) or money order it should be sent to the
following:
FOI Unit (MDP 516)
Department of Health
GPO Box 9848

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CANBERRA ACT 2601
If you wish to pay by credit card, please contact the department’s FOI unit on (02) 6289
1666 to be further advised.
Response
Under the FOI Act, you have 30 days to respond in writing to this notice. You must, within 30
days after this notice is given, do one of the following things: (i) agree with the department’s
estimate and pay the deposit or whole charge if no deposit is listed, or (ii) advise the
department in writing you contend the charge has been wrongly assessed, or should be
reduced or not imposed, giving reasons for your contention, or (iii) advise the department in
writing you withdraw the request for access to the documents concerned. Please send your
response to the above postal address or this email address. If you do not provide a
response within 30 days, your freedom of information request will be taken to have been
withdrawn.
If you choose to make a contention the charge should be reduced or not imposed, the
department must, in making a decision on your contention, take into account the matters set
out in section 29(5) of the FOI Act or any relevant matter.
Processing time
Processing of your request and counting the 60 calendar days are suspended from the date
you receive this notice and resume either when you pay the deposit or when any contention
you make about the charge has been resolved.
Relevant provisions
The FOI Act, including the provisions referred to in this email, can be accessed from the
Federal Register of Legislation website.
If you require clarification of any of the matters discussed in this email you should contact
the department’s FOI Unit on (02) 6289 1666, or by email at xxx@xxxxxx.xxx.xx.
Kind regards
François Murat
FOI & Legislation Support Section
Legal & Assurane Division | Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
T: 02 6289 1666 | E: xxx@xxxxxx.xxx.xx
GPO Box 9848, Canberra ACT 2601, Australia
The Department of Health acknowledges the Traditional Custodians of Australia and their continued
connection to land, sea and community. We pay our respects to all Elders past and present.
If you receive this email in error, please delete it and contact the sender immediately.

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