Document 1, Attachment B
Freedom of Information Act 1982 (FOI Act) – Charges
An agency or minister may impose a charge for access to documents
Legislative framework
• There is no fee for making a request but section 29 of the FOI Act provides that an agency or
minister may, under the regulations, impose a charge for the processing of an FOI request, and
the provision of access.
• In deciding to impose a charge the agency or minister must provide the applicant written notice.
• Charges are to be assessed in accordance with the
Freedom of Information (Charges) Regulations
2019 (Regulations).
Guidance
• The Information Commissioner has published guidance and advice that helps decision makers
identify the steps in calculating a charge. The guidance is available at
https://www.oaic.gov.au/freedom-of-information/guidance-and-advice/calculating-and-imposing-
charges-for-foi-access-requests/
Principle factors of imposing a charge
The regulations and guidelines promote consideration for discretion to impose or not impose a charge,
and to provide access at the ‘lowest reasonable cost’. For example where the cost to assess and impose
a charge might exceed the cost to process a request it wil generally be appropriate not to impose a
charge.
Any decision to impose a charge requires a decision maker to have regard to the objects of the FOI Act.
The legislative framework to impose a charge provides avenues for an applicant to contend the charge
and seek review of any decisions to impose. These factors should be considered before an agency or
minister determines a charge is appropriate.
Under the regulations the first five hours of decision making is to be undertaken at no cost to the
applicant and is to be discounted from any charge assessment.
A charge cannot be imposed where:
• an applicant is seeking access to their own personal information.
• the agency or minister does not make a decision within the statutory timeframe.
• an internal review is requested.
The charge imposed cannot exceed the actual cost incurred by the agency or minister.
The Goods and Services Tax (GST) is not payable on FOI charges
OFFICIAL
Decision making
The time spent by the decision maker to decide whether to grant, refuse of defer access to the
documents can be estimated by calculating the time to:
• Examine the documents
• Conduct consultation with any person or body
• Make a copy with deletion
• Notify any decision on the request
The first five hours of the estimated time for conducting the above activities is free and cannot be
included in the charges estimated.
The agency or minister can include the time spent to prepare a schedule of documents and
recommendations for the decision maker. These fall under the decision making activity. However the
time of other persons the decision maker consults in the course of making their decision does not
ordinarily fall under this activity.
Notifying a charge
A charge must be notified prior to the statutory deadline for the making of a decision (usual y within 30
calendar days). The processing period is suspended once a charge is notified until one of the next steps
occurs: the applicant pays, or a decision is taken to not impose the charge.
Providing an applicant with an early indication of a charge provides an opportunity for them to revise or
withdraw their FOI request if they wish, and ensures suf icient time for the agency or minister to
complete the processing of the request within statutory timeframes.
The FOI applicant must be given written notice that they are liable to pay a charge for the processing of
their FOI request, the notice must include:
• That they are liable to pay a charge
• Information about the preliminary assessment of the charge and the basis for the calculation
• Their rights to contest the charge
• That if they contest the charge the agency or minister must take into account if payment would
cause financial hardship to the applicant
• The amount of any deposit payable (if required)
• The time the applicant has to reply, and what actions they may take when replying
• That no reply wil cause the request to be withdrawn
The notice should also include information about how an applicant can make a payment.
OFFICIAL
Freedom of Information – Charges
3
s 47C
Regards
s 22(1)(a)(ii)
s 22(1)(a)(ii)
| Senior Adviser
FOI and Privacy Section | Legal Policy Branch
p. s 22(1)(a)(ii) | m. s 22(1)(a)(ii)
Document 3, Attachment A
FOI
FOI/<insert reference number>
<address details>
Dear <applicant>
I am writing in relation to your request under the
Freedom of Information Act 1982 (the FOI
Act) in the following terms:
<request details>
On <date> the department wrote to you notifying that you were liable to pay charges should
you wish to proceed with your request. I enclose a copy of the department’s correspondence.
Subsection 29(2) of the FOI Act provides if you do not respond within 30 days of receiving a
notification, the request will be taken to have been withdrawn. As we have not received a
response from you in relation to continuing with your request, I am writing to advise that your
request has been deemed withdrawn.
Should you wish to discuss any aspect of your request, I may be contacted by telephone on
(02) 6271 5849.
Yours sincerely
<signatory>
Access & Administrative Review
Government Division
<date>
Document 3, Attachment B
FOI
FOI/[insert]
[insert applicant address]
Dear [insert]
I refer to your [insert correspondence type] of [insert date] in which you made a request to the
Department of the Prime Minister and Cabinet (the Department) under the
Freedom of
Information Act 1982 (the FOI Act) in the following terms:
[insert terms of the request]
The authorised decision-maker for your request is [insert decision-maker name and position].
Processing charge
The FOI Act provides that charges can be imposed for processing requests. Unless a decision
is made to waive the processing charge in whole or in part, the combined effect of paragraph
11A(1)(b) of the FOI Act and Regulation 11(1) of the
Freedom of Information ( Charges)
Regulations 1982 (the Charges Regulations) is that an applicant is required to pay any charge
before any access is given.
The Charges Regulations specify different rates for the various activities involved in
processing a request with the first five hours of decision-making time free for all FOI
applicants.
The decision-maker has decided that you are liable to pay a charge should you wish to
proceed with your FOI request. The preliminary assessment of the charge for processing your
request is set out below:
Task
Rate
Units
Charge
Search & retrieval
$15 per hour
hours $
0.00
Decision-making
$20 per hour
hours $
0.00
less first 5 hours free
5 hours $
-100.00
Photocopies
0.10 per page
0 pages $
0.00
TOTAL
$
-100.00
If you have any queries, I can be contacted by telephone on (02) 6271 [insert].
Yours sincerely
[insert]
Adviser
Legal Policy Branch
[insert] 2013
3
Document 3, Attachment C
FOI
FOI/2021/xxx
Applicant Name
By email: Email (or insert postal address)
Dear Mr/Ms
I refer to your email of [date] in which you made a request to the Department of the Prime
Minister and Cabinet (the
Department) under the
Freedom of Information Act 1982 (the
FOI
Act) in the following terms:
[Scope of request]
Authorised decision-maker
The authorised decision-maker for your request is [Name], [position], [branch name].
Processing charge
The FOI Act provides that charges can be imposed for processing requests. Unless a decision is
made to waive the processing charge in whole or in part, the combined effect of
paragraph 11A(1)(b) of the FOI Act and subsection 11(1) of the
Freedom of Information
(Charges) Regulations 2019 (the
Charges Regulations) is that an applicant is required to pay any
charge before access is given to a document.
The Charges Regulations specify different rates for the various activities involved in processing a
request with the first five hours of decision-making time free for all FOI applicants.
The decision-maker has decided that you are liable to pay a charge should you wish to proceed
with your request. The preliminary assessment of the charge for processing your request is set out
below:
(3)
You can withdraw your request.
Processing timeframe
In accordance with section 31 of the FOI Act, the time limit for processing your request is
suspended from the day that you receive this letter and will resume on either:
• the day you pay the charge (in full or the required deposit); or
• if you contend under (2) above that charge should be reduced or not imposed and the
Department decides not to impose a charge, the day of that decision.
If you contend under (2) above that a charge should be reduced or not imposed and the
Department confirms that a charge is payable (either the original amount or a reduced amount),
the time limit for processing your request would resume on the day you pay that charge (in full or
the required deposit).
Subsection 29(2) of the FOI Act provides that if you do not respond within 30 days after this
notice was given, you will be taken to have withdrawn your request.
No guarantee of access Please be aware that even if you pay the charge (in full or the required deposit), there is still no
guarantee that documents will ultimately be released. That is a matter for the decision-maker to
decide in the usual manner after examining the relevant documents.
If you have any queries, please contact the FOI and Privacy Section on (02) 6271 5849 or
xxx@xxx.xxx.xx.
Yours sincerely
Senior Adviser
FOI and Privacy Section
Month 2021
3
Document 3, Attachment D
FOI
FOI/[insert]
[insert applicant address]
Dear [insert]
I refer to your [insert correspondence type] of [insert date] in which you made a request to the
Department of the Prime Minister and Cabinet (the Department) under the
Freedom of
Information Act 1982 (the FOI Act) in the following terms:
[insert terms of the request]
The authorised decision-maker for your request is [insert decision-maker name and position].
Processing charge
The FOI Act provides that charges can be imposed for processing requests. Unless a decision
is made to waive the processing charge in whole or in part, the combined effect of paragraph
11A(1)(b) of the FOI Act and subsection 11(1) of the
Freedom of Information (Charges)
Regulations 2019 (the Charges Regulations) is that an applicant is required to pay any charge
before access is given to a document.
The Charges Regulations specify different rates for the various activities involved in
processing a request with the first five hours of decision-making time free for all FOI
applicants.
The decision-maker has decided that you are liable to pay a charge should you wish to
proceed with your FOI request.
The preliminary assessment of the charge for processing your request is [insert amount $ / set
out below]:
Task
Rate
Units
Charge
Search & retrieval
$15 per hour
hours $
0.00
Decision-making
$20 per hour
hours $
0.00
less first 5 hours free
5 hours $
-100.00
Photocopies
0.10 per page
0 pages $
0.00
TOTAL
$
-100.00
Section 29 of the FOI Act requires you to exercise one of the following options in writing
within 30 days of receipt of this letter:
(1)
You can agree to pay the charge. If you agree, processing of your request will resume
as soon as the Department receives a payment, either in full or a deposit.
- Payment in full is $[insert]. Payment in full entitles you to receive a decision in
relation to your request, a schedule which lists the documents relevant to your
request, and any documents released.
- Alternatively, payment of a deposit in the amount of $[insert] entitles you to
receive a decision in relation to your request and a schedule which lists the
documents relevant to your request. Relevant documents would only be released
on payment of the balance of the charge. The deposit paid by an applicant is not
refundable unless the Department decides to waive the charge, or fails to make a
decision on the FOI request within the statutory time limit including any
extension, or may be refundable in part if the final charge is less than the deposit
paid.
- You may pay by direct debit or by credit card.
Direct debit
You may pay by direct debit into the following account:
Account Name: Department of the Prime Minister and Cabinet Official
Departmental Account
BSB: s 22(1)(a)(ii)
Account: s 22(1)(a)(ii)
Reference: [insert FOI reference number]
Credit card
You may pay by credit card over the phone by contacting the Department’s
Accounts Receivable team on 02 6271 6000 select option 4 then option 3.
- Please advise the FOI and Privacy Section at xxx@xxx.xxx.xx once you have
made payment. Once the Department receives your payment, the Department will
send you a receipt.
(2)
You can contend that the charge has been wrongly assessed, or that it should be
reduced or not imposed, or both. You should provide reasons for contending any
charge. In determining whether or not to reduce or not impose the charge, the FOI Act
requires the Department to take into account whether payment of the charge, or part of
it, would cause financial hardship and whether the giving of access would be in the
public interest. The Department may also consider any other relevant matters.
(3)
You can withdraw your request.
Processing timeframe
2
In accordance with section 31 of the FOI Act, the time limit for processing your request is
suspended from the day that you receive this letter and will resume on either:
• the day you pay the charge (in full or the required deposit); or
• if you contend under (2) above that charge should be reduced or not imposed and the
Department decides not to impose a charge, the day of that decision.
If you contend under (2) above that a charge should be reduced or not imposed and the
Department confirms that a charge is payable (either the original amount or a reduced
amount), the time limit for processing your request would resume on the day you pay that
charge (in full or the required deposit).
Subsection 29(2) of the FOI Act provides if you do not respond within 30 days of receiving
this letter, you will be taken to have withdrawn your request.
If you have any queries, I can be contacted by telephone on (02) 6271 [insert].
Yours sincerely
[insert]
Adviser
Legal Policy Branch
[day, month, year]
3
Document 8
From:
FOI
To:
s 22(1)(a)(ii) s 22(1)(a)(ii)
Cc:
s 22(1)(a)(ii) FOI
Subject:
FOI Request PM/22/024 [SEC=OFFICIAL]
Date:
Monday, 16 January 2023 8:11:13 PM
Attachments:
PM22024 - FOI Request SECOFFICIAL.msg
OFFICIAL
Dear s 22(1)(a)(ii)
For your records please see attached the charge notice issued to the FOI applicant today.
Regards
s 22(1)(a)(ii)
s 22(1)(a)(ii)
| Senior Adviser
FOI and Privacy Section | Legal Policy Branch
p. s 22(1)(a)(ii) | m. s 22(1)(a)(ii)
