Working with Aboriginal and Torres Strait Islander peoples
OFFICIAL
FREEDOM OF INFORMATION ACT 1982
Request by:
Dallas (Right to Know)
Notice of Estimate of Charges
Email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Dallas,
Freedom of information request - FOI/2122/020
1. I refer to your request dated 22 February 2022 to the National Indigenous Australians Agency (NIAA) under
the
Freedom of Information Act 1982 (FOI Act) for access to the fol owing documents:
“
I am requesting a copy of all documents, including but not limited to briefs, policy documents timelines
and strategic planning documents prepared by the NIAA since 21 December 2021 to 21 February 2022
relating to incoming government briefs, policy options for incoming Governments, including references to
Red or Blue books (or other phrases commonly related to incoming Governments). Excluding
communications:
-bodies of emails
-mobile messages
-instant messaging application messages”
2. I am an officer authorised under section 23(1) of the FOI Act to make decisions in relation to FOI requests.
3. 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. My preliminary assessment of the charge you are liable to pay is
$604.70. A deposit of 10%
being
$60.47 is payable.
Basis for my preliminary assessment of the charge
4. In accordance with section 29 the FOI Act and the
Freedom of Information (Charges) Regulations 2019
(Charges Regulations), a charge can be imposed in respect of a request for access to documents under the FOI
Act. The charge is for the search and retrieval of documents, decision making and provision of access to
documents. Payment of the charge does not guarantee access to the requested documents.
5. I have assessed the work the NIAA would need to do to process your request and have calculated the
breakdown of charges set out at
Annexure A.
6. My assessment has been made with reference to the following:
• the hours taken to search for, and retrieve, documents relevant to the request
• the number of documents and pages relevant to the request
• the hours estimated to make a decision about each document (less the first five hours of decision-making
time, which are free of charge), and
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NIAA | FREEDOM OF INFORMATION | NOTICE OF ESTIMATE OF CHARGES
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• any charge for providing access to the document, other than by personal inspection.
Payment of deposit
7. As the charge exceeds $25, you are required to pay a deposit of
$60.47.
8. The deposit is not refundable except in some limited circumstances (for example, if the NIAA 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.
Final charges
9. Once your FOI request has been processed, I wil determine the actual charge you must pay before the
documents can be provided to you. The final charge for processing your request may be different from the
estimate quoted in this letter.
10. If the final amount of the charge is lower than the estimated amount, I must adjust my preliminary
assessment to the lower amount.
11. However, if the final amount of the charge is higher than the estimated amount, I may adjust my preliminary
assessment to the higher amount.
The time you have to respond and what you need to do
12. You have 30 days to respond to this notice in writing.
13. You may choose to:
• pay the deposit amount or the ful charge amount, and notify the FOI Coordinator in writing,
• contend the charge has been wrongly assessed, or should be reduced or not imposed and explain your
reasons, or
• withdraw your request.
14. Please send your respons
e to xxx@xxxx.xxx.xx.
Option 1: Pay the deposit amount or full charge
15. Payment can be made by electronic funds transfer to:
Account Name:
NIAA Official Departmental Account
BSB:
092-009
Account:
14737-5
Reference:
FOI/2122/020
16. When paying the charges you must:
• reference
FOI/2122/020 and
• notify the FOI Coordinator a
t xxx@xxxx.xxx.xx.
17. Failure to notify the FOI Coordinator of payment may result in delays to the processing of your FOI request.
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18. If you agree to pay the charge in respect of the request, the charge must be paid in full before access to the
documents can be given (see section 11 of the
Freedom of Information Charges Regulations 2019).
Option 2: Your right to contend the charge
19. 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.
20. In deciding whether a charge should be reduced or not imposed, I must take into account:
• whether payment of the charge, or part of it, would cause you financial hardship
• whether giving access to the document(s) is in the general public interest or in the interest of a
substantial section of the public
• any other relevant matter.
21. If you decide to do so, please set out the reasons why you believe that I should reduce or waive the proposed
charge.
22. Should you seek a reduction or waiver of charges on the grounds of financial hardship, it would assist me if
you could provide suitable evidence of financial hardship (for example, evidence of receipt of a pension or
income support payment, or evidence of income, debts or assets).
Option 3: Withdraw your request
23. You may notify the NIAA in writing if you wish to withdraw your request.
24. Alternatively, if you do not provide us with a written response within 30 days of this notice, your request will
be taken to have been withdrawn.
Timeframe for dealing with your request
25. In accordance with section 31(2) of the FOI Act, the period for processing your request stops from the date
you receive this notice until:
• the day you pay the charge (the deposit amount or the full charge),
• if the amount of the charge is changed fol owing review under the FOI Act, the day you pay the revised
charge (the deposit amount or the ful charge), or
• if a decision is made not to impose a charge following review under the FOI Act, the day you are notified
of the decision.
26. If you agree to pay the deposit, the timeframe for processing your request will resume once payment is
received and the NIAA must provide you with the decision by the due date (including any extensions of time).
However, the NIAA is not obliged to provide the relevant documents (if any are released) until the remainder
of the charge has been paid.
Questions about this notice
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Annexure A – Notice of Estimate of Charges – FOI/2122/020
Document estimate
Number of relevant documents
49
Number of pages
359
PROCESSING CHARGES
Search and retrieval
Task
Time
Cost @
$15/hr
Search and retrieval of relevant electronic and physical files
5.5
$82.50
Search and retrieval subtotal (A)
5.5
$82.50
Decision making
Task
Time
Cost @
$20/hr
Examination of documents
14.95
299.00
Consultation with third parties
0
0.00
Preparation of documents for release
11.96
239.20
Preparation of notice of access decision
4
80.00
Decision making subtotal (before deduction of 5 free hours)
31.11
622.20
Decision making subtotal (after deduction of 5 free hours)
(B)
26.11
$522.20
ESTIMATED TOTALS AND DEPOSIT
ESTIMATED TOTAL
$604.70
REQUIRED DEPOSIT (10 per cent (10%))
$60.47
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