If not delivered return to PO Box 7820 Canberra BC ACT 2610
16 June 2020
Our reference: LEX 55232
Mr John Smith
Right to know
Only by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith
Freedom of Information Request – Charges and Third Party Consultation Notice
I refer to your request for access to documents under the
Freedom of Information Act 1982 (
FOI
Act). You requested access to:
‘I wish to obtain a copy of the contract between Services Australia and McKinsey, in
association with the tender CN ID: CN3665818
I also wish to obtain documents (if they exist) explaining the purpose of this tender, and the
criteria used to award this contract’.
Third-party consultation – business documents
As your request covers documents which contain business information, Services Australia is
required to consult with any 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 Services Australia
considers that a person, organisation or undertaking may wish to contend that the requested
document is exempt from release because the document would disclose trade secrets or business
information.
Services Australia wil take into account any comments we receive from the third parties. However,
the final decision about whether to grant access to the documents you requested rests with
Services Australia.
For this reason the period for processing your request has been extended by 30 days in order to
allow consultation with the businesses (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 time limit for processing your request has also been suspended. The date a decision is
due to be notified to you wil depend on the action you take in relation to your liability to pay the
charge.
Preliminary Assessment of the Charge
In accordance with section 29 of the FOI Act, I have decided that you are liable to pay a charge for
the processing of your request. My preliminary assessment of that charge is $73.33 calculated as
follows:
Search and retrieval time: 0.67 hour, at $15.00 per hour:
$10.00
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Decision-making time (*after deduction of 5 hours): 1.83 hours,
including the two hours to consult with one third party, at $20.00
$36.67
per hour
TOTAL
$46.67
*The FOI Act provides that the first five hours of decision-making time are free of charge and this is reflected in the
calculation.
I am advised that Services Australia has in its possession two documents relevant to your request.
Please note that the payment of the charge does not guarantee access to the requested
documents, in full or in part.
Required Action
If you would like Services Australia to continue processing your request, you must notify Services
Australia in writing within 30 days of receiving this notice that you:
a) agree to pay the charge;
b) wish to contend that the charge:
i. has been wrongly assessed; 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 wil 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 $25 but does not exceed $100.00, you are required to pay the charge in full,
or a deposit of $20 within 30 days of receiving this notice.
You may select from one of the following payment methods:
1. Online payment via Government EasyPay - follow
this link and enter the relevant details.
You wil need your FOI LEX reference number,
LEX 55232; or
2. Cheque made out to the Collector of Public Monies and posted to Freedom of Information,
Services Australia, PO BOX 7820, Canberra BC, ACT 2610; or
3. Money order made out to the Collector of Public Monies and posted to Freedom of
Information, Services Australia, PO BOX 7820, Canberra BC, ACT 2610.
If you elect to pay the charge, please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx to advise
us of your payment. Please quote reference number
LEX 55232 in this correspondence.
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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 or your organisation 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 or your organisation 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 payment of the charge (in full or the required deposit); 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
Services Australia
PO Box 7820
CANBERRA ACT 2610
Or by email to
xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
Publication of information in the FOI disclosure log
Information released under the FOI Act may be published in a disclosure log on Services Australia'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
If you have any FOI questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx. Yours sincerely
Robert
Authorised FOI Decision Maker
Freedom of Information Team
Employment Law and FOI Branch Legal Services Division
Services Australia
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