I, the Premier, in pursuance of section 67 of the Freedom of Information Act 1989, make the Order set out hereunder.

Nick Greiner, Premier

1   Name of Order

This Order may be cited as the Freedom of Information (Fees and Charges) Order 1989.

2   Commencement

This Order takes effect on 1 July 1989.

3   Definitions

(1)  In this Order:

Freedom of Information Procedure Manual means the document that is published under that title by the Freedom of Information Unit, Premier’s Department, a copy of which document is deposited in the offices of that Unit.

the Act means the Freedom of Information Act 1989.

(2)  The expressions financial hardship, non-profit organisation and public interest have the same meanings as they have in the Freedom of Information Procedure Manual.

4   Fees to be imposed

(1)  An application fee under section 17 or 36 of the Act is to be not less than $20 and not more than $30.

(2)  An application fee under section 34 of the Act is to be not less than $20 and not more than $40.

5   Charges to be imposed

(1)  The charges:

(a)  for the giving of access to a document (being a charge determined under section 24 (b) of the Act), and

(b)  for dealing with an application (being a charge determined under section 24 (c) of the Act),

      are to be calculated on the basis of an hourly rate of $30 per hour.

(2)  Such a charge is not to be imposed in respect of:

(a)  the first 20 hours during which:

(i)  an application under section 17 or 36 of the Act (being an application made by a natural person in respect of documents relating to his or her personal affairs) is dealt with, or

(ii)  access to a document the subject of such an application is given, or

(b)  any application under section 34 of the Act.

(3)  Such a charge is to be calculated on the time spent by the agency’s or Minister’s staff in actually dealing with the application or giving access to the document, calculated to the nearest quarter of an hour.

6   Reduction of fees and charges

The fees and charges payable by:

(a)  an applicant who holds a pensioner health benefits card issued by the Commonwealth, or

(b)  an applicant whose weekly income is less than the maximum weekly income allowable, under the Social Security Act 1947 of the Commonwealth, to holders of such a card, or

(c)  an applicant who is under the age of 18 years, or

(d)  an applicant who is applying on behalf of a non-profit organisation that can demonstrate financial hardship, or

(e)  an applicant whose application relates to information that it is in the public interest to make available,

are to be half the fees and charges that would otherwise be payable in respect of the application.

7   Refunds of fees and charges

(1)  Any fee or charge imposed in respect of an application under section 17, 34 or 36 of the Act is to be refunded if the records to which the application relates are subsequently amended in a significant manner as a result of an application under section 40 or 49 of the Act.

(2)  Subclause (1) does not apply if those records have to be amended because the information contained in them is incomplete, incorrect, out of date or misleading as a result of an act or omission of the applicant in connection with the recording or maintaining of that information by the agency or Minister concerned.

(3)  Any application fee imposed in respect of an application under section 34 of the Act is to be refunded if the application results in a determination that significantly differs from that in respect of which the application has been made.

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Freedom of Information (Fees and Charges) Order 1989 (413). GG No 81 of 30.6.1989, p 3834. Date of commencement, 1.7.1989, cl 2.