INFORMATION GUIDE

Freedom of Information Act Fees

(Current as at November 2003)

 

This Guide looks at the current fee structure under the Freedom of Information Act, including changes that came into operation on 1 September 2003 [see Schedule 2 of the Freedom of Information (Fees and Charges) Regulations 2003].

There have also been some changes to entitlement to "waiver of fees". In particular, the entitlement to "free" Freedom of Information requests has been clarified and now includes all concession card holders and all secondary and tertiary students.

As most conservation groups include a wide range of members (including both young and old people), it should not be necessary for any group to pay fees to access public interest environmental information. If you lodge your request in the name of the concession card holder or student, you will be entitled to an exemption from fees.

Application fee

The normal fee for applications is now $22.30. This fee must accompany all applications unless an exemption is being claimed.

Searching & processing fees

In addition to the application fee, the Agency can charge a fee of $8.30 per quarter hour ($33.20 per hour) for time spent dealing with the application. This would include time spent searching for documents, considering the availability of documents and consulting with other agencies and third parties. If you are entitled to a waiver, these fees cannot be charged.

Copying & Posting

The usual method of providing access to documents is by photocopy. The photocopy fee is $0.10 per page. Other costs apply where an agency provides access in the form of a photograph, x-ray, video tape, computer tape or computer disk. The fee would then be the actual cost incurred by the agency in producing the copy. Postage or delivery fees are charged at cost.

Waiver of Fees

There are two categories of "waiver". First, those applications for which the fees MUST be waived and secondly, those for whom fees MAY be waived.

Compulsory Waiver of Fees

    1. Concession cardholders

      2. A concession cardholder is a person who holds a current concession card issued under a Commonwealth Act or issued by State Family and Youth Services (part of the Department of Human Services).

    2. Students

      3. Fees must also be waived for holders of a current secondary or tertiary identification card.

    3. Members of Parliament

MPs are entitled to the first $350 worth of each request for free.

The Regulations do not detail what is needed to prove the applicant to be a concession cardholder. Generally, it should be enough if a concession or student cardholder provides a photocopy of his or her concession card. If the agency requires further proof, the applicant may have to provide a certified copy of his or her concession or student card. In this case, it should be sufficient to provide a photocopy that has been endorsed as correct by a lawyer or Justice of Peace who has sighted the original.

Discretionary Waiver of Fees

1. Financial Hardship

Where an applicant does not hold a concession or student card, it is still possible to request waiver of fees on the grounds of financial hardship.

The Regulations do not list the specific evidence needed to show financial hardship, but the applicant would need to provide proof of a low income and assets. This could take the form of a signed financial statement or a letter from a financial counsellor who has investigated the applicant’s financial position and stating that the applicant would find it a financial hardship to meet the fees and charges. It will be up to each agency to determine what information they require.

It is NOT necessary for concession card holders or students to provide any financial information, as these groups are entitled to a waiver of fees without any means test.

2. Public Interest

There is no recognised "public interest" exemption from fees. Nevertheless, each agency has the ability to determine on a case by case basis whether or not the fees should be waived.

S.53(2a) "An agency may, as it thinks fit, waive, reduce or remit a fee or charge in circumstances other than those in which such action is provided for under the regulations."

Applications for Waiver of Fees

An agency may have a specific Application Form that asks for specific evidence of entitlement to fee waiver. Unless this evidence requested is unreasonable, the applicant should follow the directions on the form. In most cases, it should be enough to state that:

"This application is exempt from fees under s.53 of the Freedom of Information Act and Regulation 5 of the Freedom of Information (Fees and Charges) Regulations 2003.

I have attached a photocopy of my concession card [or other evidence]."