PO Box 7820 Canberra BC ACT 2610
Our reference: LEX 58707
Posty
Only by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Posty
Freedom of Information Request – Reconsideration of Charges
I refer to your email dated 3 October 2020, contending that a charge should not be imposed
in relation to the processing of your request dated 24 September 2020, made under the
Freedom of Information Act 1982 (FOI Act). You request access to:
'I request, under the Freedom of Information Act 1982, copies of the following
documents:
All documents contained within the files on your "Operational Blueprint" portal:
Optical surveillance 110-11040000
(http://operational.humanservices.gov.au/public/Pages/compliance-and-reviews/110-
11040000-01.html ) Requesting referral for optical surveillance 110-11040010
(http://operational.humanservices.gov.au/public/Pages/compliance-and-reviews/110-
11040010-01.html
Referring a case to a provider for optical surveillance 110-11040020
(http://operational.humanservices.gov.au/public/Pages/compliance-and-reviews/110-
11040020-01.html ) Optical surveillance report received from provider 110-11040030
( http://operational.humanservices.gov.au/public/Pages/compliance-and-reviews/110-
11040030-01.html )'
Background Services Australia has located 4 documents (totalling 20 pages) relevant to your request.
On 30 September 2020, Services Australia notified you that in accordance with section 29 of
the FOI Act, you were liable to pay a charge for the processing of your request, and that the
preliminary assessment of the charge was $30.00 (
preliminary charge).
The preliminary charge was calculated as follows:
Search and retrieval time: two hours, at $15.00 per hour:
$30.00
TOTAL
$30.00
*The FOI Act provides that the first five hours of decision-making time are free of charge and this is
reflected in the calculation.
PO Box 7820 Canberra BC ACT 2610
Relevant legislation
Subsection 29(4) of the FOI Act provides that, where an applicant has notified an agency
that they content that a charge should be reduced or not imposed in relation to a request
under the FOI Act, the agency may decide that the charge is to be reduced or not imposed.
Subsection 29(5) of the FOI Act provides that, without limiting the matters that the agency
may take into account when making a decision about whether to reduce or not impose a
processing charge, the decision maker must consider:
whether payment of a charge, or part of it, would cause financial hardship to an
applicant; and
whether the giving of access to the document in question is in the general public
interest or in the interest of a substantial section of the public.
Subsection 29(8) of the FOI Act provides that, if an applicant makes a contention about a
charge as mentioned in subsection 29(4), and the agency makes a decision to reject the
contention in a whole or in part, the agency must give the applicant written notice of the
decision and the reasons for the decision.
Reconsideration of the preliminary charge
On 30 September 2020, you responded to the preliminary charge notification, contending
that the preliminary charge should be reconsidered. I have reconsidered the preliminary
charge and my conclusions are set out below.
Financial hardship
Paragraph 29(5)(a) of the FOI Act provides that an agency must take into account whether
payment of a charge, or part of it, would cause financial hardship to an applicant.
You have not provided any evidence to show that payment of the preliminary charge would
cause you financial hardship, and I have decided not to reduce the preliminary charge on
this basis.
The public interest
Paragraph 29(5)(b) of the FOI Act provides that an agency must also take into account
whether the provision of access to the requested documents is either in the general public
interest, or in the interest of a substantial section of the public. In other words, there must be
a benefit flowing generally to the public or a substantial section of the public from disclosure
of the documents in question. This requires me to consider the nature of the documents and
the context of their release.
Public interest factors in favour of reducing or waiving a charge include:
the level of public interest in the document;
the general public interest in allowing access to information (including government
policy) under the FOI Act;
the general public interest in openness of administration; and
promoting the objects of the FOI Act, including:
o increasing scrutiny, discussion, comment and review of Government activities;
PO Box 7820 Canberra BC ACT 2610
o facilitating and promoting public access to information, promptly and at the
lowest reasonable cost; and
o informing the public on matters of public importance or interest, and assisting
participation in debate or discussion.
Having reviewed the documents, I am not satisfied that there are sufficient public interest
factors in favour of reducing or waiving the charge associated with the processing of the
documents you have requested. Therefore, I have decided not to waive the charge on public
interest grounds.
Other considerations
I have reconsidered the preliminary charge and decided to exercise my discretion to waive
the charge in full.
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 required deposit); or
b) if applicable, the day following the notification to the applicant of a decision not to
impose the charge.
Therefore, you should expect a decision from us by 26 November 2020.
Further assistance
If you have any FOI questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx. Yours sincerely
Alexandra
Authorised FOI Decision Maker
Freedom of Information Team
Employment Law and FOI Branch Legal Services Division
Services Australia
PO Box 7820 Canberra BC ACT 2610
Attachment A
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Asking for a full explanation of a Freedom of Information decision
Before you ask for a formal review of a freedom of information decision, you can contact us
to discuss your request. We will explain the decision to you. This gives you a chance to
correct misunderstandings.
Asking for a formal review of an Freedom of Information decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (FOI Act)
gives you the right to apply for a review of the decision. Under sections 54 and 54L of the
FOI Act, you can apply for a review of an FOI decision by:
1. an Internal Review Officer in Services Australia; and/or
2. the Australian Information Commissioner.
Note 1: There are no fees for these reviews.
Applying for an internal review by an Internal Review Officer
If you apply for internal review, a different decision maker to the Services Australia delegate
who made the original decision will carry out the review. The Internal Review Officer will
consider all aspects of the original decision and decide whether it should change. An
application for internal review must be:
made in writing;
made within 30 days of receiving the decision; and
sent to the address for correspondence set out above (or be delivered to any
Centrelink service centre).
Note 2: You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
If you do not receive a decision from an Internal Review Officer in Services Australia within
30 days of applying, you can ask the Australian Information Commissioner for a review of
the original FOI decision.
You will have 60 days to apply in writing for a review by the Australian Information
Commissioner.
You can
lodge your application:
Online:
www.oaic.gov.au
PO Box 7820 Canberra BC ACT 2610
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Note 3: The Office of the Australian Information Commissioner generally prefers FOI
applicants to seek internal review before applying for external review by the Australian
Information Commissioner.
Important:
If you are applying online, the application form the 'Merits Review Form' is available
at
www.oaic.gov.au.
If you have one, you should include with your application a copy of Services
Australia’s decision on your FOI request
Include your contact details
Set out your reasons for objecting to Services Australia's decision.
Complaints to the Information Commissioner and Commonwealth Ombudsman
Information Commissioner
You may complain to the Information Commissioner concerning action taken by an agency
in the exercise of powers or the performance of functions under the FOI Act, There is no fee
for making a complaint. A complaint to the Information Commissioner must be made in
writing. The Information Commissioner's contact details are:
Telephone: 1300 363 992
Website:
www.oaic.gov.au Commonwealth Ombudsman
You may also complain to the Ombudsman concerning action taken by an agency in the
exercise of powers or the performance of functions under the FOI Act. There is no fee for
making a complaint. A complaint to the Ombudsman may be made in person, by telephone
or in writing. The Ombudsman's contact details are:
Phone: 1300 362 072
Website:
www.ombudsman.gov.au
The Commonwealth Ombudsman generally prefers applicants to seek review before
complaining about a decision.
