
If not delivered return to PO Box 7788 Canberra BC ACT 2610
29 April 2015
Mr Ben Fairless
Our reference:
LEX 12669
By email:
foi+request-897-
xxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Fairless
Freedom of Information Request: LEX 12669 – Updated Internal Review Decision on
Charges
1. I refer to the internal review decision, dated 8 April 2015, that the Department of Human
Services (the
department) notified to you in relation to the charges the department
imposed for your FOI request LEX 12236.
2. I am an authorised decision-maker under section 23(1) of the
Freedom of Information
Act (the
FOI Act). I am also a separate decision-maker to the FOI Delegate involved with
LEX 12236.
Background
3. On 12 February 2015, you requested access under the FOI Act to the following
documents:
‘106-03010000 First Contact Service Offer (FCSO)
106-03010010 Opening the First Contact Service Offer application
106-03010020 Running the First Contact Service Offer (FCSO)
106-03010030 First Contact Service Offer screens and functions’
4. On 16 February 2015, the department issued you with a preliminary assessment of the
charges involved in processing your request (as the documents contained non-personal
information). The department also advised you in this correspondence that four
documents (totalling 46 pages) had been identified as falling within the scope of your
FOI request. In accordance with section 29 of the FOI Act, it was determined that you
were liable to pay an estimated charge of $24.03 for the processing your FOI request.
5. On 16 February 2015, you wrote to the department by email, seeking that the charge not
be imposed on the grounds that the charge was incorrectly calculated pursuant to
subparagraph 29(1)(f)(ii) of the FOI Act because, you contended, the requested
information should be available through the department’s Information Publication
Scheme (the
IPS).
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ME_112115079_1 (W2007)
6. On 5 March 2015, the department notified you of a charges decision, after considering
your submission. The department decided not to reduce the amount of the charge that
was notified to you on the following basis:
The department did not consider that the documents within the scope of your
request should be available through the department’s IPS, because they are not
relied on to make administrative decisions and consequently do not affect
members of the public; and
The department was also satisfied that the preliminary assessment of charges
appropriately reflected the cost of processing your request.
7. On 9 March 2015, you requested an internal review of the department’s decision to
impose charges for FOI request 12236 in the following terms:
‘I am writing to request an internal review of Department of Human Services's
handling of my FOI request 'Operational Information - FCSO'.
The requirement for Money Order or Cheque is an unreasonable burden
===================================================
As of the date of this email, it is $10 to obtain a cheque from the Commonwealth
Bank of Australia, and $8.95 for a Money Order.
These additional expenses increase the cost and effort involved in paying for the
request. The time and effort required to obtain a Bank Cheque or Money Order in
comparison to EFT or credit card appears to be an attempt by the Department to
make it as difficult as possible for applicants to pay charges.
The Department and it's officers are be fully aware that the use of Money Orders and
Cheques is on the decline in Australia. Australia has had access to EFT since the
early 90's, and BPAY has been available in Australia since 1997.
In fact, the Department has electronic payment methods in place for clients who are
repaying monies owed to the Commonwealth.
The Freedom of Information Act 1982 (Cth) relevantly states at
s.3(4):
"The Parliament also intends that functions and powers given by this Act are to be
performed and exercised, as far as possible, to facilitate and promote public access
to information, promptly and at the lowest reasonable cost."
4.3 of the FOI Guidelines relevantly state:
"A charge must not be used to discourage an applicant from exercising the right of
access conferred by the FOI Act."
The Department's failure to accept EFT would appear to be an attempt to discourage
applicants from excising their rights under the Freedom of Information Act. As I have
demonstrated above, the Department already has EFT processes in place for the
payment of Suppliers and Clients of the Department.
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Department of Human Services
Accordingly, as the Department will not accept EFT payments (as previously
indicated in other requests) I contend that any charge, even the lowest reasonable
charge, is inconsistent with the objectives of the FOI Act while the Department insists
on refusing to accept payments for FOI differently from payments from other clients of
the Department.’
8. On 8 April 2015, the department provided you with an internal review decision that
affirmed that the charges payable for FOI request 12236 was $24.03. The department
considered that the charges should not be reduced, or waived, on the following basis:
the department was not satisfied that you had provided sufficient evidence of
financial hardship;
the documents would not be in the general public interest to release at a
reduced charge, or for free, as they do not assist the department to make
administrative decisions and therefore do not affect members of the public;
and
the department was not satisfied that you had put forward other relevant
considerations that sufficiently weighed in favour of reducing, or waiving, the
charges.
Updated internal review decision
9. Upon further reflection and consideration of the individual circumstances of this matter,
including further advice on the sensitivities in the documents, the department has
decided to waive the processing charge associated with FOI request 12236.
Consequently, the department has recommenced processing your FOI request and you
will not be required to pay a fee in relation to it.
10. Please note that this decision supersedes the internal review decision notified to you on
8 April 2015.
Appeal Rights and further contact
11. If you do not agree with my decision, you may apply to the Information Commissioner for
a review of the decision. I have attached an information sheet that explains your rights of
review under the FOI Act (see
Attachment A).
12. If you have any questions about this internal review decision, or wish to discuss, please
contact
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx, citing LEX 12669.
Yours sincerely
FOI Delegate
FOI and Information Release Branch
Department of Human Services
Email:
xxx.xxxxx.xxxx@xxxxxxxxxxxxx.xxx.xx
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Department of Human Services
Attachment A
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Application for review of decision
The
Freedom of Information Act 1982 (FOI Act) gives you the right to apply for a review of
this decision. Under section 54L of the FOI Act, you can apply for a review of this decision by
the Information Commissioner.
Information Commissioner review
You must apply in writing within 60 days of the receipt of the decision letter and you can
lodge your application in one of the following ways:
Online:
www.oaic.gov.au Post: GPO Box 2999, Canberra ACT
2601
Fax: +61 2 9284 9666
Email:
xxxxxxxxx@xxxx.xxx.xx
If a person has sought an internal review and no result of that review is provided within 30
days, then the applicant may apply to the Information Commissioner to review the matter.
An application form is available on the website at www.oaic.gov.au. Your application should
include a copy of the notice of the decision that you are objecting to (if one was provided),
and your contact details. You should also set out why you are objecting to the decision.
Complaints to the Commonwealth Ombudsman and Information Commissioner
Commonwealth Ombudsman
You may 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.
Information Commissioner
You may also 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
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Department of Human Services
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
Office of the Australian Information Commissioner (OAIC) is disbanding
Please note: The Australian Government announced as part of the 2014-15 Budget that the
Office of the Australian Information Commissioner (OAIC) will be disbanded. The OAIC
remains operational until further notice. For further information on how the OAIC will deal
with IC reviews and FOI complaints please visit their website at
www.oaic.gov.au
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Department of Human Services