FREEDOM OF INFORMATION ACT 1982 - SECT 22 Charges for access to documents
FREEDOM OF INFORMATION ACT 1982 - SECT 22
Charges for access to documentsS. 22(1) amended by No. 58/1993 s. 7(1).
(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;
S. 22(1)(h) substituted by No. 58/1993 s. 7(2).
(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
S. 22(1)(i) substituted by No. 58/1993 s. 7(2).
(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.
S. 22(1)(j) repealed by No. 58/1993 s. 7(2).
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S. 22(1A) inserted by No. 2/2001 s. 101(1)(b).
(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.
S. 22(2) amended by No. 58/1993 s. 7(3).
(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.
S. 22(4) amended by No. 58/1993 s. 7(4).
(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.