24/11/2022
Mark Newton
BY EM AIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request: FA 22/10/01339
File Number: OBJ2022/28101
Dear Mr Newton
Freedom of Information (FOI) request – Notice of charge decision following applicant
contention that charge be reduced or not imposed (s 29(8))
On 27 October 2022 the Department of Home Affairs (the Department) received a request for
access to documents under the
Freedom of Information Act 1982 (the FOI Act).
1
Scope of request
You have requested access to the following documents:
I am requesting disclosure of any documents containing statistics concerning Aviation Security
Identification Card (ASIC) administration.
The ASIC scheme was implemented by the Attorney-General’s Department in 2001. The scope of this
request includes reports in any medium showing annualised counts of initial issuances, renewals,
withdrawn applications and refusals over the 21 years of the scheme’s operation; or documents
containing statistical data which could be used to assemble those counts if they don’t already exist.
Following consultations under s.24AB of the Act, on 27 October 2022 the scope of your request was
revised to:
I am requesting disclosure of any documents containing statistics concerning Aviation Security
Identification Card (ASIC) administration.
The ASIC scheme was implemented by the Attorney-General’s Department in 2001. The scope of this
request includes reports in any medium showing annualised counts of initial issuances, renewals,
withdrawn applications and refusals over the 21 years of the scheme’s operation.
On 10 November 2022 the Department wrote to you to advise you that a preliminary assessment
had been made that you were liable to pay a charge of $101.00 for the processing of this FOI
request.
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • w ww.homeaffairs.gov.au
On 10 November 2022 you requested a waiver or reduction of charges pursuant to section 29(5)(a)
of the Act, on the grounds of public interest, your assertion that the charges were not correctly
calculated or substantiated, and that you did not have an opportunity to revise the scope of your
request.
This letter provides my decision on your request.
2
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of requests
to access document or to amend or annotate records.
3
Decision on waiver or reduction of charges
I have decided under s 29(4) to waive the original assessment of charge.
The reasons for my
decision under s 29(4) are set out below.
Reasons for my decision
I have considered the following:
Whether giving access to the document in question is in the general public interest or in the
interest of a substantial section of the public.
The arguments you have put forward in your email of 10 November 2022
any other relevant matter including any other submission as to why a charge should be
reduced or waived;
Whether disclosure of a document would advance the objects of the Act.
I have considered your submission in relation to the reduction of charges.
In relation to the accuracy and assessment of charges in accordance with the act, the search and
retrieval times are provided by the relevant business areas relating to the requested information. The
business areas that were consulted in relation to this matter have provided a total search and revival
time of 6 hours and 45 minutes. The charges which may be applied for search and retrieval times are
prescribed by the
Freedom of Information (Charges) Regulations 2019 (the Charges Regulations).
Agencies are able to charge $15 per hour of search and retrieval, which equates to the entire $101
amount charged. This information is stated in the Preliminary Charge Notice issued to you on 10
November 2022. You have not been charged for any decision making time, as the Charges
Regulations requires that the first five hours of decision making is free.
In relation to scope negotiation, the Department has produced a one page document containing the
information you have sought to access. The document was produced under section 17 of the FOI Act
via the use of a computer. As stated above, the entirety of the amount charged for this request relates
to the time required by the business area to produce and data clear the document for release (the
search and retrieval time). This work effort has already taken place, so that any modification of scope
would not reduce the charges in any way.
You have claimed that the charges should be waived on the basis of public inter est. I have
carefully considered your submission that:
the Aircraft Owners and Pilots Association of Australia (AOPA) is participating in policy
consultation regarding the operation of the ASIC system,
the public is entitled to know if the ASIC system is faulty, and
that the general aviation pilot community is a substantial section of the public is entitled to
know if they are funding a system that serves no practical purpose.
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Whilst I am not satisfied that the general aviation community is a substantial section of the public, I
am satisfied that disclosure of the information you have requested would promote public scrutiny of
and debate about the ASIC system and the way the public funds are used. I am satisfied that
releasing this information would promote government accountability and transparency, which are key
objects of the FOI Act.
For these reasons I have decided to waive the charge in full.
Next steps in processing your request
As I have decided to waive the charge in full, the invoice sent to you will be cancelled and processing
of your request will resume. No payment is required.
Review rights Internal review
If you disagree with my decision, you have the right to apply for an internal review by the
Department my decision. Any request for internal review must be provided to the Department by
the date set out above. Where possible please attach reasons why you believe review of the
decision is necessary. The internal review will be carried out by an officer other than the original
decision-maker and the Department must make a review decision within 30 days.
Applications for review should be sent to:
By email to: xxx.xxxxxxx@xxxxxxxxxxx.xxx.xx
OR
By mail to:
Freedom of Information Section
Department of Home Affairs
PO Box 25
BELCONNEN ACT 2617
Review by the Office of the Australian Information Commissioner
You may apply directly to the Office of the Australian Information Commissioner (OAIC) for a
review of my decision. You must apply in writing within 60 days of this notice. For further
information about review rights and how to submit a review request to the OAIC, please see FOI
fact sheet 12 ‘
Freedom of information – Your review rights’, available online at www.oaic.gov.au .
How to make a complaint about the handling of this FOI request
You may complain to the Australian Information Commissioner about action taken by the
Department in relation to your request.
Your enquiries to the Australian Information Commissioner can be directed to:
Phone 1300 363 992 (local call charge)
Email xxxxxxxxx@xxxx.xxx.xx
There is no particular form required to make a complaint to the Australian Information
Commissioner. The request should be in writing and should set out the grounds on which it is
considered that the action taken in relation to the request should be investigated and identify the
Department of Home Affairs as the relevant agency.
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Contacting the FOI Section
Should you wish to discuss this decision, please do not hesitate to contact the FOI Section at
xxx@xxxxxxxxxxx.xxx.xx.
Yours sincerely
Simon
Position No. 60156398
Authorised Decision Maker
Department of Home Affairs
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