Principal Registry
FOI ref: 2020/0093
17 September 2020
Mr John Smith
By Email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith
Notice that you are liable to pay a charge for Freedom of Information request no.
2020/0093
I refer to your request for access to documents under the
Freedom of Information Act
1982 (FOI Act) in which you sought:
•
The terms of agreement, i.e. the contract, between Hays and the Administrative
Appeals Tribunal.
•
The five most recent (as at the date of this request) purchase order documents,
associated with the tender of employees from Hays by the AAT. Please only
return tender documents associated with the procurement of labour hire
contractors filling APS4 positions at the AAT or below.
•
Purchase order document from Hays that has been completed, in relation to a
labour hire staffer who filled a role at an APS4 classification or below. Please
include alongside that purchase order document, the actual amount spent by the
AAT on that procurement.
I am an officer authorised under section 23(1) of the FOI Act to make decisions in
relation to FOI requests. I am writing to advise you of my decision that you are liable to
pay a charge in respect of the processing of your request.
In accordance with section 29 of the FOI Act and the
Freedom of Information Charges
Regulations 1982, my preliminary assessment of the charge you are liable to pay is
$537.00.
Basis for my preliminary assessment of the charge
Staff members have considered how searches could be conducted for documents
relating to your request. The exact number of documents requiring examination to
determine whether or not they fall within the scope of your request has not been
Level 6, 295 Ann Street
T: 1800 228 333
National Relay Service
BRISBANE QLD 4000
F: 07 3052 3001
www.relayservice.gov.au
GPO Box 9955 Brisbane QLD 4001
E: xxxxxxxxx@xxx.xxx.xx
ABN 90 680 970 626
www.aat.gov.au
identified. This is because documents relating to the procurement of staff services
include arrangements for initial service provision and extensions are in electronic form. It
would be necessary to search email folders for these documents and then ascertain: (1)
whether or not a particular document concerns an initial or continuing arrangement; (2)
whether or not the services are at APS4 level and (3) the relevant date. We note that,
once 5 arrangements were identified, the related purchase order documents would need
to be identified from other records. Further, records of amounts paid under these orders
for the services of any individual would need to be accessed (please note that discrete
records may not exist). The calculations below are based on sample processing times
and prior experience of processing matters of similar size.
I have assessed the work the Administrative Appeals Tribunal (AAT) would need to do
to process your request and have calculated the following breakdown of charges:
Document estimate 1 x terms of agreement
6+
5 x initial purchase order documents associated with APS4 staff
prior to 18 August 2020
Unknown number of documents relating to payments
PROCESSING CHARGES
Search and retrieval
Task
Time
Cost @
$15/hr
Search and retrieval of relevant electronic files and
7 hours 30 mins
112.50
documents
Collation of emails, contracts, invoices and reports
6 hours 30 mins
97.50
including sorting and assessment of scope
Preparation of schedule of documents, including sorting,
1 hour
15.00
cross checking and describing documents
A. Search and retrieval subtotal
225.00
Decision making
Task
Time
Cost @
$20/hr
Examination of documents, including reading all 8 hours
documents, identifying parties who may require consultation
160.00
and consideration of exemptions
Consultation with third parties under s 27
2 hours
40.00
Preparation of documents for release, including marking 2 hours
40.00
redactions
Preparation of notice of access decision, including proof 8 hours
160.00
reading
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Decision making subtotal (before deduction of 5 hours)
400.00
B. Decision making subtotal (after deduction of first 5 -5 x 20
300.00
hours free)
ACCESS AND DELIVERY CHARGES
Cost
Delivery (actual cost)
1 Satchel
12.20
C. Access and delivery charges subtotal
12.20
ESTIMATED TOTALS AND DEPOSIT
ESTIMATED TOTAL (total of A, B and C)
537.00
(rounded)
REQUIRED DEPOSIT
134.00
(rounded)
Your right to contend the charge
Under the FOI Act, you have the right to contend that the charge:
• has been wrongly assessed, or
• should be reduced, or
• should not be imposed.
In deciding whether a charge should be reduced or not imposed, the decision maker in
our agency must take into account:
• whether payment of the charge, or part of it, would cause you financial hardship;
• whether giving access to the document is in the general public interest or in the
interest of a substantial section of the public;
• any other relevant matter.
Payment of a deposit
As the charge exceeds $100, a 25 per cent deposit of $134.00 will be sought if the
charge is imposed.
The deposit is not refundable except in some limited circumstances (for example, if AAT
fails to make a decision on your request within the statutory time limit) or may be
refundable in part if the final charge is less than the deposit paid.
Should you decide to pay the charge, please contact us regarding the method of
payment.
The time you have to respond and what you need to do
You have 30 days to respond in writing to this notice. We therefore expect a response
from you by
19 October 2020. By that date, you must do one of the following things in
writing:
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• agree to pay the charge (this will mean that you will not be entitled to access the
requested documents until the full charge (other than any inspection charge) is
paid), or
• contend that the charge has been wrongly assessed, or should be reduced or
not imposed and explain your reasons, or
• withdraw your request.
Please send your response t
o: xxx@xxx.xxx.xx If you do not provide us with a written response by
19 October 2020 your request will be
taken to have been withdrawn.
The period for processing your request is suspended from the day that you receive this
notice and resumes on either the day you pay the charge (in full or the required deposit)
or the day on which this agency makes a decision not to impose a charge.
Questions about this notice If you have any questions or wish to discuss this notice with us, please contact me by
return email.
More information about charges under the FOI Act is available on the Office of the
Australian Information Commissioner’s websit
e: www.oaic.gov.au.
The period for processing your request is suspended from the day that you receive this
notice and resumes on either the day you pay the charge (in full or the required deposit)
or the day on which this agency makes a decision not to impose a charge.
Yours sincerely
Rohini L
Authorised AAT Officer
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