Victorian Consolidated Legislation

Freedom of Information Act 1982 - SECT 22

Charges for access to documents

22. Charges for access to documents



(1) Any charge (not being an application fee) that is, in accordance with the
regulations, required to be paid by an applicant before access to a document
is given, shall be calculated by an agency in accordance with the following
principles or, where those principles require, shall be waived-

   (a)  a charge shall only cover the time that would be spent by the agency
        in conducting a routine search for the document to which access is
        requested, and shall not cover additional time, if any, spent by the
        agency in searching for a document that was lost or misplaced;

   (b)  the charge in relation to time made under paragraph (a) shall be fixed
        on an hourly rate basis;

   (c)  a charge may be made for the identifiable cost incurred in supervising
        the inspection by the applicant of the material to which access is
        granted;

   (d)  a charge may be made for the reasonable costs incurred by an agency in
        supplying copies of documents, in making arrangements for viewing
        documents, in providing a written transcript of the words recorded or
        contained in documents, or in providing a written document in
        accordance with section 19;

   (e)  a charge shall not be made for the time spent by an agency in
        examining a document to determine whether it contains exempt matter,
        or in deleting exempt matter from a document;

   (f)  a charge shall not be made for producing for inspection a document
        referred to in sections 8(1) or 11(1), whether or not that document
        has been specified in a statement published in accordance with
        sections 8(2) or 11(2) respectively;

   (g)  a charge shall be waived if the request is a routine request for
        access to a document;

   (h)  a charge, other than a charge for the reasonable costs incurred by an
        agency in making copies of documents, in making a written transcript
        of the words recorded or contained in documents or in making a written
        document in accordance with section 19, shall not be made if-

   (i)  the applicant's intended use of the document is a use of general
        public interest or benefit; or

   (ii) the applicant is a member of the Legislative Council or of the
        Legislative Assembly of Victoria; or

   (iii) the request is for access to a document containing information
        relating to the personal affairs of the applicant; and

        (i)    a charge under paragraph (d) shall be waived if the applicant
               is impecunious and the request is for access to a document
               containing information relating to the personal affairs of the
               applicant.



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(1A) Without limiting any other power to make regulations conferred by this
Act, a power conferred by this Act to make regulations for or in relation to
the making of charges for access to documents may, in the case of a document
referred to in section 23(1)(e)-

   (a)  prescribe different amounts according to the form in which access is
        given;

   (b)  prescribe amounts by reference to the usual fee of a person for a
        consultation of a comparable duration.

(2) Subject to subsections (3), (4) and (5), payment of a charge shall not be
required before the time at which the agency has notified the applicant of the
decision to grant access to a document.



(3) If in the opinion of an agency a charge may exceed $25 or such greater
amount as is prescribed by regulation the agency shall notify the applicant of
its opinion and inquire whether the applicant wishes to proceed with the
request.

(4) In a notice given to an applicant under subsection (3), an agency must
inform the applicant that the applicant will be required to pay a deposit of a
prescribed amount or at a prescribed rate on account of the charge.

(5) Where an agency has required an applicant to pay a deposit on account of a
charge, the applicant's request shall, for the purposes of section 21 be
deemed to have been received by the agency on the day on which the applicant
has paid the deposit.

(6) Where an agency has required an applicant to pay a deposit on account of a
charge, the agency shall, if requested to do so by the applicant, discuss with
the applicant practicable alternatives for altering the request or reducing
the anticipated charge, including reduction of the charge if the applicant
shall waive, either conditionally or unconditionally, the need for compliance
by the agency with the time limits specified in section 21.

(7) A notice under subsection (3) from an agency to an applicant shall-

   (a)  state the name and designation of the person who calculated the
        charge; and

   (b)  inform the applicant of-

   (i)  his right to apply for a review of the charge;

   (ii) the authority to which the application for review should be made; and

   (iii) the time within which the application for review must be made.

(8) Subject to this section, the charges set by the regulations shall be
uniform for all agencies and there shall be no variation of charges as between
different applicants in respect of like services.

(9) In this section where appropriate agency includes a Minister.