EXPLANATORY STATEMENT
Statutory Rules 1985 No. 113
FREEDOM OF INFORMATION (CHARGES) REGULATIONS (AMENDMENT)
These Regulations, made under section 94 of the Freedom of Information Act 1982 (“the Act”), amend the Freedom of Information (Charges) Regulations.
Section 94 of the Act empowers the Governor-General to make regulations for and in relation to the making of charges of amounts, or at rates, fixed by or in accordance with the regulations in respect of requests for access to documents or in respect of the provision of access to documents, including requiring deposits on account of such charges.
Sub-section 94(2) fixes certain parameters for any regulations made in relation to charges under section 94 -
(a) the amounts or rates of charge may not be different with respect to different classes of applicants for access or with respect to different agencies or different classes of agencies;
(b) they may not require a charge to be paid in respect of the time spent in examining a document to determine whether it contains exempt matter;
(c) any charge that is made for time spent in searching for or retrieving a document shall be calculated at a single hourly rate applicable uniformly to all agencies regardless of the classification or designation of the officer who searches for or retrieves the document; and
(d) the charges may include an amount for the direct costs incurred by an agency in providing an officer to supervise personal inspection by a person of a document for which a request for access has been made under the Act.
The proposed Regulations are in accordance with these requirements.
The proposed Regulations effect significant changes to the existing scheme of charges so that:
(a) charges for requests are determined on the basis of a fixed charge of $20 in respect of the administrative handling of a request, plus a charge at the rate of $30 per hour for the time spent in searching for or retrieving the documents involved;
(b) there is no charge for requests made for access to documents relating to a claim for, or a decision in relation to, any income support payment unless a period of less than 3 months has elapsed since the person was last given access to those documents and there has been no change to the documents;
(c) before any substantive work is done in response to a request, an applicant may be required to pay a deposit which is not less than 50% of the estimated charges in respect of the provision of access or in respect of a request for access, such as for search and retrieval time or actual costs incurred in producing a document by use of a computer (other than the fixed charge of $20 in respect of the administrative handling of a request, the whole of which is to be paid in accordance with section 29 of the Act and regulation 3 of the Principal Regulations);
(d) special provisions in the existing charges scheme which in certain circumstances applied a maximum charge of $25 for requests seeking access to photocopies of written documents and no charge for requests seeking personal affairs documents are repealed; and
(e) the level of charges where supervision is to be provided of personal inspection is increased to $8 per half hour and to $5 per page of transcript where a transcript is made of shorthand notes or sound recordings.
The proposed Regulations provide that the amendments are to apply to requests received on or after 1 July 1985.
Overview
The Freedom of Information (Charges) Regulations (Amendment) Statutory Rules 1985 No. 113 were enacted in 1985 under the authority of the Freedom of Information Act 1982. These regulations were introduced to amend the existing charges scheme for Freedom of Information requests, ensuring a more consistent and equitable approach across different agencies and applicants. The primary objective of these amendments was to streamline the charging structure, ensuring that it was both transparent and fair, whilst also reflecting the true costs incurred by agencies in processing such requests. The regulations were made by the Governor-General in accordance with section 94 of the Act, which empowers the establishment of regulations concerning the charges for access to documents under the Freedom of Information framework.
Scope and Application
The Freedom of Information (Charges) Regulations (Amendment) Statutory Rules 1985 No. 113, made under the Freedom of Information Act 1982, modify the existing scheme of charges related to requests for access to documents under the Act. These Regulations apply to all applicants and agencies within the Commonwealth of Australia and establish a uniform structure for charges, ensuring consistency and fairness in the fee structure across different agencies and types of applicants. The amendments, which took effect from 1 July 1985, introduce a fixed charge of $20 for the administrative handling of a request, alongside a $30 per hour charge for the time spent in searching for or retrieving documents. Notably, requests for documents related to income support payments are exempt from charges if made within three months of the last access without any changes to the documents. Additionally, applicants may be required to pay a deposit of at least 50% of the estimated charges before substantive work begins. The Regulations also remove special provisions that previously applied maximum charges for photocopies and no charges for personal affairs documents, and increase the rates for charges related to supervision of personal inspection and transcription of documents.
Key Provisions
The key provisions of the Freedom of Information (Charges) Regulations (Amendment) set out the framework for charging applicants who request access to documents under the Freedom of Information Act 1982. Section 94(2) of the Act provides parameters for these regulations, such as the prohibition on differential charges for different classes of applicants or agencies (94(2)(a)), the prohibition on charging for the time spent examining a document to determine if it contains exempt matter (94(2)(b)), the requirement for uniform hourly rates for document search and retrieval regardless of officer classification (94(2)(c)), and the allowance for direct costs of supervision for personal inspection of documents (94(2)(d)).
The new regulations establish a fixed charge of $20 for the administrative handling of each request, plus an additional charge of $30 per hour for the time spent searching for and retrieving documents (regulation 4). Requests for documents related to income support payments are free if made within three months of the applicant’s last access and no changes have occurred (regulation 5). Applicants may be required to make a deposit before substantive work begins, which should be at least 50% of the estimated charges (regulation 6). Special provisions that previously applied lower charges for photocopies and personal affairs documents are repealed (regulation 7). Supervision costs for personal inspection are increased to $8 per half hour or $5 per page of transcript (regulation 8).
The obligations imposed by these regulations primarily concern the applicants and agencies involved in FOI requests. Applicants must pay the fixed administrative charge and potentially a deposit before substantive work begins. Agencies are required to calculate charges accurately based on the time spent and to ensure that no charges are made for exempt matter examination or for income support document requests within three months. The regulations also require agencies to provide applicants with detailed information about the costs involved and to ensure that all charges comply with the specified parameters.
Breach of these regulations can result in civil or criminal consequences. For instance, agencies may face legal action if they charge for exempt matter examination or if they do not comply with the specified charge rates. Penalties are not explicitly stated in the text, but given the regulatory nature of the provisions, breaches could potentially lead to fines or other administrative penalties as prescribed by relevant legislation. The specific consequences would depend on the nature and severity of the breach, as well as any applicable laws governing regulatory compliance.