If not delivered return to PO Box 7820 Canberra BC ACT 2610
24 February 2015
Ben Fairless
Our reference: LEX 12159
By email: xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear
Mr Fairless
Your Freedom of Information Request - Charges
1. I refer to your request dated 30 January 2015 and received by the Department of Human
Services (the
department) on the same date, for access under the
Freedom of Information Act
1982 (the
FOI Act) to the following:
“…a copy of all current policies and guidelines issues regarding the use of SecureMail.
…
a copy of any guide issued by the Department to it’s officers in the use of SecureMail.”
Liability to pay charges
2. In the departmental letter to you, dated 3 February 2015, we advised you that there is no charge
payable for providing a person with their own personal information. You have requested policies
and guides concerning the use of SecureMail. This information is not your personal information.
3. 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.
Preliminary Assessment of the Charge
4. 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 $16.05
calculated as follows:
Search and retrieval time: 1.07 hours, at $15.00 per hour:
$16.05
Decision-making time (*after deduction of 5 hours): 4.79 hours, at
$20.00 per hour
$0.00
TOTAL
$16.05
*The FOI Act provides that the first five hours of decision-making time are free of charge and this is reflected in the
calculation.
5. I am advised that the department has in its possession 3 documents with 18 pages relevant to
your request.
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Required Action
6. If you would like the department to continue processing your request, you must notify the
department 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
c) withdraw the request for access.
7. If you do not provide a written response in accordance with one of Options A, B or C above
within 30 days of receiving this notice, your request will be taken to have been withdrawn under
section 29(2) of the FOI Act.
8. Alternatively you may wish to refine the scope of your FOI request. If you would like to discuss
this please contact me for assistance.
9. Further information on options A, B and C is set out below.
Option A - pay the charge
10. The amount due should be paid by cheque or money order made out to the Collector of Public
Monies. Please quote the reference number FOI LEX 12159 with your payment and send to:
Freedom of Information team
Department of Human Services
PO Box 7820
CANBERRA ACT 2601
11. Should you elect to pay the charge please email xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx
once you have posted your cheque or money order to advise us of your payment.
Option B - seek reduction or non-imposition of the charge
12. 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 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.
13. 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 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.
Option C - withdraw your request
14. If you wish to withdraw your request you may do so in writing.
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Department of Human Services
Time limits for processing your request
15. 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
16. Please send all correspondence regarding your FOI request to me at the following address:
Freedom of Information team
Department of Human Services
PO Box 7820
CANBERRA ACT 2601
Or by email to xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx.
17. Should you have any enquiries concerning this matter, please contact me. If you are phoning
long-distance, you may reverse the charges.
Publication of information in the FOI disclosure log
18. Information released under the FOI Act may be published in a disclosure log on the
department'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.
19. Should you have any enquiries concerning this matter, please contact me. If you are phoning
long-distance, you may reverse the charges.
Yours sincerely
FOI Delegate
FOI and Information Release Branch
Department of Human Services
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Department of Human Services
