RIGHT TO INFORMATION ACT 2009 - SECT 66 Applicant under financial hardship

RIGHT TO INFORMATION ACT 2009 - SECT 66

66 Applicant under financial hardship

(1) This section applies if, at any time, an applicant makes a written request to an agency or Minister that the applicable processing charge or access charge for the application be waived.

(2) The agency or Minister must decide to waive any processing charge, or access charge, for the application if—

(a) for an applicant who is an individual—

(i) the request is accompanied by a copy of a concession card; and

(ii) the agency or Minister considers the applicant is the holder of a concession card; and

(iii) the agency or Minister considers the applicant is not making the application for some other person who is seeking to avoid the payment of a charge; or

(b) for an applicant that is a non-profit organisation—there is in effect a decision of the information commissioner that the non-profit organisation has financial hardship status under section 67 .

(3) The agency or Minister must give the applicant a prescribed written notice of a decision under subsection (2) before the end of the processing period.

(4) However, subsection (3) does not apply if the agency or Minister has given the applicant a charges estimate notice that includes a decision that charges are not to be waived.

(5) In this section—


"concession card" means a health care card or pensioner concession card under the Social Security Act 1991 (Cwlth) or a pensioner concession card issued by the department of the Commonwealth in which the Veterans’ Entitlements Act 1986 (Cwlth) is administered.


"holder" , of a concession card, at a time the concession card is being relied on for a purpose under this Act, means a person who is named on the concession card and would be qualified to be named on the concession card if the concession card were issued at the time the concession card is being relied on.