Ref: LEX-22840
Mark Simms
Via email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mark Simms
Your Freedom of Information request – Charges decision
I refer to your request, received by the Department of Agriculture, Water and the Environment
(
department) on 7 May 2021 for access under the
Freedom of Information Act 1982 (Cth) (
FOI
Act) to the following documents:
‘I seek a copy of the report by Terry Bailey of O&G-Rosedale in relation to an application
under section 10 of the ATSIHP Act’
My decision
I am authorised to make decisions under section 23(1) of the FOI Act.
I have decided to affirm the charge of $208.77. My findings of fact and reasons for this decision
are discussed below.
What I took into account
In reaching my decision, I took into account:
• your request dated 7 May 2021;
• your request for a reduction or waiver of the charge dated 10 June 2021;
• the preliminary assessment of charges dated 20 May 2021,
• the documents that fall within the scope of your request;
• consultations with departmental officers about:
o the nature of the documents; and
o the department’s operating environment and functions;
• guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (
Guidelines); and
• the
Freedom of Information (Charges) Regulations 2019 (
Regulations);
• the FOI Act.
T +61 2 6272 3933
18 Marcus Clarke Street
GPO Box 858
awe.gov.au
F +61 2 6272 5161
Canberra City ACT 2601
Canberra ACT 2601
ABN 34 190 894 983
Reasons for my decision
I have decided to affirm the charge of $208.77. My findings of fact and reasons for this decision
are discussed below.
Preliminary assessment of charge
On 20 May 2021, I wrote to you to advise you that I had decided to impose a charge of $208.77
for processing your request.
My preliminary assessment of that charge was calculated as follows:
Search and retrieval time: 1 hours at $15.00 per hour
$15.00
Decision-making time: $20.00 per hour
Examining pages, redacting and scheduling documents
$113.77
Consultation with 3 third parties at 2 hours per party
$120.00
Writing statement of reasons
$60.00
Deduction of 5 hours decision-making time*
-$100.00
TOTAL
$208.77
*The FOI Act provides that the first five hours of decision-making time are free of charge and this is reflected in the
calculation.
Your contentions
On 10 June 2021, you requested a reduction of the charge for processing your request under the
FOI Act, on public interest grounds. Specifically, your correspondence provided:
‘I wish to apply for a reduction of the fees applicable to this request as it concerns a
matter of great public importance’
Financial hardship
Under section 29(5)(a) of the FOI Act, I am required to consider whether payment of the charge
would cause financial hardship to you.
Paragraph 4.101 of the Guidelines relevantly provides:
Financial hardship exists when payment of the debt would leave you unable to provide
food, accommodation, clothing, medical treatment, education or other necessities for
yourself and your family, or other people for whom you are responsible.
The Guidelines further provide that an applicant relying on the grounds of financial hardship
would ordinarily be expected to provide some evidence of financial hardship, such as receipt of
an income support payment or evidence of income, debts or assets. In this regard, I note that you
have not provided any evidence relating to financial hardship grounds.
As you have not provided evidence in relation to your financial status, I am not satisfied that the
payment of the charge would cause financial hardship to you. As such, I do not consider the
financial hardship grounds to apply in this instance.
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Public interest
Under section 29(5)(b) of the FOI Act, I am required to consider whether giving access to the
documents would be in the general public interest or the interest of a substantial section of the
public.
Paragraph 4.107 of the Guidelines relevantly provides:
An applicant relying on s 29(5)(b) should identify or specify the ‘general public interest’
or the ‘substantial section of the public’ that would benefit from this disclosure
(s29(1)(f)(ii)). This may require consideration both of the content of the documents
requested and the context in which their public release would occur. Matters to be
considered include whether the information in the documents is already publicly
available, the nature and currency of the topic of the public interest to which the
documents relate, and the way in which a public benefit may flow from the release of the
documents.
I have noted your submission that the matter relates to public importance. You have not
provided any further explanation or submissions as to why the matter is in the public interest. I
am not satisfied that it would be in the general public interest or the interest of a substantial
section of the public to give access to the documents without application of the charges in full.
This is because no reasoning has been provided as to the way in which public benefit will flow
from release of the documents and the content and context of the documents from which public
interest would arise. I have reviewed your requested documents and they do not contain
information, disclosure of which would be in the general public interested. As such, I have
decided to affirm the charge.
Other matters
Under section 29(5) of the FOI Act, I am also not limited in regard to the matters I may consider.
The department charges in accordance with the FOI Act and the
Freedom of Information
(Charges) Regulations 2019. Each FOI request is calculated according to the documents relevant
to that request.
As you have not raised any other matters, I have not considered any further matters than above.
Payment details
If you would like the department to continue processing your request, you must respond to the
department within 30 days
after receiving this notice. If you do not respond within 30 days,
your request will be taken to have been withdrawn and no further action will be taken by the
department.
As the charge exceeds $100, you are required to pay a deposit of $52.19. You may, of course,
elect to pay the charge in full at this point.
Payment can be made by direct deposit to:
A/C Name:
DAWE Departmental Account
Branch:
London Circuit, Canberra
Bank:
Reserve Bank
BSB:
092 009
A/C No.
111 698
ABN No: 34 190 894 983
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Please include the FOI reference number (LEX-22840) in the subject field and send an email
with notification of payment t
o xxx@xxx.xxx.xx as soon as it has been made.
If you are not able to pay by direct deposit, please contact the department for assistance.
Time periods of 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 applicant was notified of the charge until the day after the charge
(or deposit) is paid.
You can ask for a review of my decision
If you wish to seek an internal review, you must apply to the department within
30 days after
the day you are notified of this decision. An application for internal review must be made in
writing by post to the FOI Officer or emai
l to xxx@xxx.xxx.xx.
Alternatively, you may apply directly to the Office of the Australian Information Commissioner
(
OAIC) to review my decision. An application for review by the Information Commissioner must
be made in writing within
60 days after the day you are notified of this decision. You can also
make a complaint to the Information Commissioner if you have concerns about how the
department handled your request.
You can find information about requesting a review, making a complaint, and other information
about FOI on the OAIC websi
te www.oaic.gov.au or phone the OAIC on 1300 363 992.
You can also make a complaint to the Commonwealth Ombudsman if you have concerns about
how the department handled your request.
Further assistance
If you have any questions, please emai
l xxx@xxx.xxx.xx. Yours sincerely
James Barker
Assistant Secretary
Heritage, Reef and Wildlife Trade Division
17 June 2021
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