FOI Doc. 1
Your right to contend the charge
Under the FOI Act, you have the right to contend that the charge:
- has been wrongly assessed, or
- should be reduced, or
- should not be imposed.
In deciding whether a charge should be reduced or not imposed, CSIRO’s FOI decision maker must
take into account:
i. whether payment of the charge, or part of it, would cause you financial hardship;
ii. whether giving access to the document[s] is in the general public interest or in the interest of
a substantial section of the public; and
iii. any other relevant matter.
Payment of a deposit
As the charge exceeds $100, a 25% deposit, namely,
$205.54 wil be sought if the charge is imposed.
The deposit is not refundable except in some limited circumstances or may be refundable in part if
the final charge is less than the deposit paid.
Your electronic payment should be to:
Acc Name: CSIRO Col ectors Receipts
Acc Number: 53-221-1423
BSB: 082-902
Description/Reference: FOI2022/32 - Charges
You should also send an email to xxxxxxxxxxxxxxxxxxxxxxxx@xxxxx.xx and a copy to xxx@xxxxx.xx to
confirm a transfer of funds has been made. Please note in your correspondence that the payment
was for your FOI request and note my name -
Annabel Kent.
The time you have to respond and what you need to do
You have 30 days to respond in writing to this notice. We therefore expect a response from you by
25 August 2022. By that date, you must do one of the fol owing things in writing:
•
agree to pay the charge (this wil mean that you wil not be entitled to access the requested
documents until the full charge (other than any inspection charge) is paid);
•
contend that the charge has been wrongly assessed, or should be reduced or not imposed and
explain your reasons; or
•
withdraw your request.
CSIRO
Australia’s National Science Agency
Page 3 of 60
FOI Doc. 1
Please send your response to:
Attention: Annabel Kent
xxx@xxxxx.xx
If you do not provide us with a written response by 25 August 2022
your request wil be taken to
have been withdrawn.
The pe
riod for processing your request is suspended from the day that you receive this notice and
resumes on either the day you pay the charge (in full or the required deposit) or the day on which
CSIRO makes a decision not to impose a charge.
Questions about this notice
If you have any questions or wish to discuss this notice with us, please contact me via xxx@xxxxx.xx.
More information about charges under the FOI Act is available in Fact Sheet 7 on the Office of the
Australian Information Commissioner’s website and in part 4 of the Australian Information
Commissioner’s FOI guidelines: www.oaic.gov.au/publications/guidelines.html#foi guidelines.
Yours sincerely,
Annabel Kent
Legal Counsel
CSIRO
CSIRO
Australia’s National Science Agency
Page 4 of 60
FOI Doc. 2
- should not be imposed.
In deciding whether a charge should be reduced or not imposed, CSIRO’s FOI decision maker must take into
account:
i. whether payment of the charge, or part of it, would cause you financial hardship;
ii. whether giving access to relevant documents is in the general public interest or in the interest of a
substantial section of the public; and
iii. any other relevant matter.
Payment of a deposit
As the charge exceeds $100, a 25% deposit, namely,
$204.58 will be sought if the charge is imposed.
The deposit is not refundable except in some limited circumstances or may be refundable in part if the final
charge is less than the deposit paid.
Your electronic payment should be to:
Acc Name: CSIRO Col ectors Receipts
Acc Number: 53-221-1423
BSB: 082-902
Description/Reference: FOI2022/55 - Charges
You should also send an email to xxx@xxxxx.xx and a copy to xxxxxxxxxxxxxxxxxxxxxxxx@xxxxx.xx to confirm a
transfer of funds has been made. Please note in your correspondence that the payment was for your FOI
request and note my name
Annabel Kent.
Next steps
You have 30 days to respond in writing to this notice. We therefore expect a response from you by
29 December 2022. By that date, you must do one of the fol owing things in writing:
•
agree to pay the charge (this wil mean that you wil not be entitled to access the requested documents
until the full charge (other than any inspection charge) is paid);
•
contend that the charge has been wrongly assessed, or should be reduced or not imposed and explain
your reasons;
•
withdraw your request.
Please send your response to:
Att: Annabel Kent
xxx@xxxxx.xx
If you do not provide us with a written response by 29 December 2022,
your request wil be taken to have
been withdrawn.
The peri
od for processing your request is suspended from the day that you receive this notice and resumes
on either the day you pay the charge (in ful or the required deposit) or the day on which CSIRO makes a
decision not to impose a charge.
CSIRO
Australia’s National Science Agency
Page 7 of 60
FOI Doc. 2
Consultation with affected third party
As your request covers documents which contain information concerning the business, commercial or
financial affairs of an organisation, or a person’s business or professional affairs, I have considered and
decided that CSIRO is required to consult with the person or organisation concerned (under section 27 of
the FOI Act).
The consultation mechanism under section 27 applies when we believe the person or organisation
concerned may wish to contend that the requested documents are exempt because their release would
disclose trade secrets or commercially valuable information or may adversely affect their business or
financial affairs.
Once the deposit has been paid, CSIRO will commence the consultation process with the affected third
party and the period for processing your request wil be extended by
30 days in order to allow our agency
time to consult with that person or organisation (section 15(6) of the FOI Act).
More information about exemptions under the FOI Act are available from the Office of the Australian
Information Commissioner’s website including: https://www.oaic.gov.au/freedom-of-information/foi-
guidelines/part-3-processing-requests-for-access
Questions about this notice
If you have any questions or wish to discuss this notice with us, please contact me.
More information about charges under the FOI Act is available in Fact Sheet 7 on the Office of the
Australian Information Commissioner’s website and in part 4 of the Australian Information Commissioner’s
FOI guidelines: www.oaic.gov.au/publications/guidelines.html#foi guidelines.
Yours sincerely,
Annabel Kent
Legal Counsel
CSIRO
CSIRO
Australia’s National Science Agency
Page 8 of 60
FOI Doc. 3
Please make electronic payment to:
Acc Name: CSIRO Col ectors Receipts
Acc Number: 53-221-1423
BSB: 082-902
Description/Reference: FOI 2022-59 Charges
Please also send an email to xxxxxxxxxxxxxxxxxxxxxxxx@xxxxx.xx and to xxx@xxxxx.xx to notify us once a
transfer of funds has been made. Please note in your correspondence that the payment was for your FOI
request and note my name
Annabel Kent.
Your review rights
In accordance with section 2
9(9) of the FOI Act, a statement setting o
ut your rights of review under the Act
is included at
Attachment A to this letter.
Yours sincerely,
Annabel Kent
Legal Counsel
CSIRO
2
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FOI Doc. 3
Attachment A
Review rights
If you are dissatisfied with my decision in relation to the charge, you may apply for internal review or
Information Commissioner review of the decision. We encourage you to seek internal review as a first step
as it may provide a more rapid resolution of your concerns.
Internal Review
Firstly, under section 54 of the FOI Act, you may apply for an internal review of the decision. Your
application must be made by whichever date is the later between: 30 days of you receiving this notice; or
15 days of you receiving the documents to which you have been granted access.
An internal review will be conducted by a different officer from the original decision-maker. No particular
form is required to apply for review although it will assist your case to set out in the application the
grounds on which you believe that the original decision should be overturned. An application for a review
of the decision should be addressed to: xxx@xxxxx.xx
If you choose to seek an internal review, you will subsequently have a right to apply to the Australian
Information Commissioner for a review of the internal review decision.
External review by the Australian Information Commissioner
Alternatively, under 54L of the FOI Act, you may seek review of this decision by the Australian Information
Commissioner without first going to internal review. Your application must be made within 60 days of you
receiving this notice.
The Information Commissioner is an independent office holder who may review decisions of agencies and
Ministers under the FOI Act. More information is available on the Information Commissioner's website
www.oaic.gov.au.
You can contact the Information Commissioner to request a review of a decision online or by writing to the
Information Commissioner at:
GPO Box 2999
Canberra ACT 2601
Complaints to Ombudsman or Information Commissioner
You may complain to either the Commonwealth Ombudsman or the Information Commissioner about
action taken by CSIRO in relation to the application. The Ombudsman will consult with the Information
Commissioner before investigating a complaint about the handling of an FOI request.
Your enquiries to the Ombudsman can be directed to:
Phone 1300 362 072 (local call charge)
Email xxxxxxxxx@xxxxxxxxx.xxx.xx
Your enquiries to the Information Commissioner can be directed to:
Phone 1300 363 992 (local call charge)
Email xxxxxxxxx@xxxx.xxx.xx
There is no particular form required to make a complaint to the Ombudsman or the Information
Commissioner. The request should be in writing and should set out the grounds on which it is considered
that the action taken in relation to the request should be investigated and identify CSIRO as the relevant
agency.
3
Page 11 of 60
FOI Doc. 4
•
agree to pay the charge (this wil mean that you wil not be entitled to access the requested
documents until the full charge (other than any inspection charge) is paid);
•
contend that the charge has been wrongly assessed, or should be reduced or not imposed and
explain your reasons;
•
withdraw your request.
Please send your response to:
Att: Annabel Kent
xxx@xxxxx.xx
If you do not provide us with a written response by 16 March 2023,
your request wil be taken to
have been withdrawn.
The pe
riod for processing your request is suspended from the day that you receive this notice and
resumes on either the day you pay the charge (in full or the required deposit) or the day on which
CSIRO makes a decision not to impose a charge.
Questions about this notice
If you have any questions or wish to discuss this notice with us, please contact me.
More information about charges under the FOI Act is available in Fact Sheet 7 on the Office of the
Australian Information Commissioner’s website and in part 4 of the Australian Information
Commissioner’s FOI guidelines: www.oaic.gov.au/publications/guidelines.html#foi guidelines.
Yours sincerely,
Annabel Kent
Legal Counsel
CSIRO
CSIRO
Australia’s National Science Agency
Page 15 of 60
FOI Doc. 5
Please make any electronic payment to:
Acc Name: CSIRO Col ectors Receipts
Acc Number: 53-221-1423
BSB: 082-902
Description/Reference: FOI2023/11 - Charges
Please also send an email to xxx@xxxxx.xx and a copy to xxxxxxxxxxxxxxxxxxxxxxxx@xxxxx.xx to confirm a
transfer of funds has been made. Please note in your correspondence that the payment was for your FOI
request and note my name -
Annabel Kent.
The time you have to respond and what you need to do
You have 30 days to respond i
n writing to this notice. We
will therefore expect a response from you, if you
wish CSIRO to continue processing your request, by close of business
Wednesday 29 March 2023. By that
date, you are required to do one of the following things in writing:
•
agree to pay the charge (this wil mean that you wil not be entitled to access the requested documents
until the full charge (other than any inspection charge) is paid);
•
contend that the charge has been wrongly assessed, or should be reduced or not imposed and explain
your reasons;
•
withdraw your request.
Please send your response to:
Attention: Annabel Kent
xxx@xxxxx.xx
If you do not provide us with a written response by close of business Wednesday 29 March 2023,
your request
wil be taken to have been withdrawn.
The peri
od for processing your request is suspended from the day that you receive this notice and resumes
on either the day you pay the estimated charges (in full or the required deposit) or the day on which CSIRO
makes a decision not to impose any charges.
Questions about this notice
If you have any questions or wish to discuss this notice with us, please contact me.
More information about charges under the FOI Act is available in Fact Sheet 7 on the Office of the
Australian Information Commissioner’s website and in part 4 of the Australian Information Commissioner’s
FOI guidelines: www.oaic.gov.au/publications/guidelines.html#foi guidelines.
Yours sincerely,
Annabel Kent
Legal Counsel
CSIRO
CSIRO
Australia’s National Science Agency
Page 18 of 60
FOI Doc. 6
Description/Reference: FOI2023/30 - Charges
You should also send an email to xxx@xxxxx.xx and a copy to xxxxxxxxxxxxxxxxxxxxxxxx@xxxxx.xx to confirm a
transfer of funds has been made. Please note in your correspondence that the payment was for your FOI
request and note my name
Annabel Kent.
The time you have to respond and what you need to do
You have 30 days to respond in writing to this notice. We therefore expect a response from you by
15 June
2023. By that date, you must do one of the fol owing things in writing:
•
agree to pay the charge (this will mean that you will not be entitled to access the requested documents
until the full charge (other than any inspection charge) is paid);
•
contend that the charge has been wrongly assessed, or should be reduced or not imposed and explain
your reasons;
•
withdraw your request.
Please send your response to:
Att: Annabel Kent
xxx@xxxxx.xx
If you
do not provide us with a written response by
15 June 2023 your request wil be taken to have been
withdrawn.
The period for processing your request is suspended from the day that you receive this notice and resumes
on either the day you pay the charge (in ful or the required deposit) or the day on which CSIRO makes a
decision not to impose a charge.
Questions about this notice
If you have any questions or wish to discuss this notice with us, please contact me.
More information about charges under the FOI Act is available in Fact Sheet 7 on the Office of the
Australian Information Commissioner’s website and in part 4 of the Australian Information Commissioner’s
FOI guidelines: www.oaic.gov.au/publications/guidelines.html#foi guidelines.
Yours sincerel
y,
Annabel Kent
Legal Counsel
CSIRO
CSIRO
Australia’s National Science Agency
Page 21 of 60
FOI Doc. 7
Please send your response to:
Att: Annabel Kent
xxx@xxxxx.xx
If you do not provide us with a written response by 16 June 2023,
your request wil be taken to have been
withdrawn.
The period for processing your request is suspended from the day that you receive this notice and resumes
on eith
er the day you pay the charge (in ful or the required deposit) or the day on which CSIRO makes a
decision not to impose a charge.
Questions about this notice
If you have any questions or wish to discuss this notice with us, please contact me.
More information about charges under the FOI Act is available in Fact Sheet 7 on the Office of the
Australian Information Commissioner’s website and in part 4 of the Australian Information Commissioner’s
FOI guidelines: available via this link.
Yours sincerely,
Annabel Kent
Legal Counsel
CSIRO
CSIRO
Australia’s National Science Agency
Page 25 of 60
FOI Doc. 8
Without limiting the matter CSIRO may take into account in deciding whether a charge should be
reduced or not imposed, CSIRO must take into account:
i. whether payment of the charge, or part of it, would cause you financial hardship; and
ii. whether giving access to the document[s] in question is in the general public interest or in the
interest of a substantial section of the public.
iii. any other relevant matter.
Payment of a deposit
As the charge exceeds $100, a 25% deposit or
$386.06 will be sought if the charge is imposed.
The deposit is not refundable except in some limited circumstances or may be refundable in part if
the final charge is calculated to be less than the deposit paid.
Your electronic payment should be to:
Acc Name: CSIRO Col ectors Receipts
Acc Number: 53-221-1423
BSB: 082-902
Description/Reference: FOI2023/32 - Charges
You should also send an email to xxx@xxxxx.xx and a copy to xxxxxxxxxxxxxxxxxxxxxxxx@xxxxx.xx to
confirm a transfer of funds has
been made. Please note in
your correspondence that the payment
was for your FOI request and note my name -
Annabel Kent.
The time you have to respond and what you need to do
You have 30 days to respond in writing to this notice. We therefore expect a response from you by
22 June 2023. By that date, you must do one of the fol owing things in writing:
•
agree to pay the charge (noting that you wil not be entitled to access any requested
documents until the full charge (other than any inspection charge) is paid);
•
contend that the charge has been wrongly assessed, or should be reduced or not imposed and
explain your reasons; or
•
withdraw your request.
Please send your response to:
Att: Annabel Kent
xxx@xxxxx.xx
If you do not provide us with a written response by
22 June 2023, your request wil be taken to have
been withdrawn.
The period for processing your request is suspended from the day that you receive this notice and
resumes on either the day you pay the charge (in full or the required deposit) or the day on which
CSIRO makes a decision not to impose a charge.
CSIRO
Australia’s National Science Agency
Page 28 of 60
FOI Doc. 8
Questions about this notice
If you have any questions or wish to discuss this notice with us, please contact me.
More information about charges under the FOI Act is available on the Office of the Australian
Information Commissioner (OAIC)’s website, including in Part 4 of OAIC’s FOI guidelines: Part 4 -
FOI guidelines - Charges.
Yours sincerely,
Annabel Kent
Legal Counsel
CSIRO
CSIRO
Australia’s National Science Agency
Page 29 of 60
FOI Doc. 9
•
agree to pay the charge (noting that you wil not be entitled to access any requested
documents until the full charge (other than any inspection charge) is paid);
•
contend that the charge has been wrongly assessed, or should be reduced or not imposed and
explain your reasons; or
•
withdraw your request.
Please send your response to:
Att: Annabel Kent
xxx@xxxxx.xx
If you do not provide us with a written response by
19 July 2023, your request wil be taken to have
been withdrawn.
The period for processing your request is suspended from the day that you receive this notice and
resumes on either the day you pay the charge (in full or the required deposit) or the day on which
CSIRO makes a decision not to impose a charge.
Questions about this notice
If you have any questions or wish to discuss this notice with us, please contact me.
More information about charges under the FOI Act is available on the Office of the Australian
Information Commissioner (OAIC)’s website, including in Part 4 of OAIC’s FOI guidelines: Part 4 -
FOI guidelines - Charges.
Yours sincerely,
Annabel Kent
Legal Counsel
CSIRO
CSIRO
Australia’s National Science Agency
Page 33 of 60
FOI Doc. 10
relevant documents, which numbered over 1,000 documents. Duplicates and irrelevant
documents had been removed from the relevant package.
First charge notice
On 23 May 2023, I provided you with a notice under section 29 of the FOI Act in relation to
preliminary assessment of charges, which included references to 327 potentially relevant
documents or an estimated 900 pages of relevant material, and the expected need to consult with
multiple third parties.
On 24 May 2023, you emailed me and requested that CSIRO waive the charges on several grounds,
including public interest and financial hardship grounds. You indicated that your primary interest
in the documents was linked to work regarding bats and coronavirus.
On 9 June 2023, I wrote to you asking whether you would consider refining your request so that
documents to topics other than bats and coronavirus were excluded.
Revised request
On 9 June 2023, you confirmed your willingness to refine the request scope to:
Email correspondence relating to work regarding bats, coronavirus (including SARS CoV) and
MERS CoV, dated between 1 January 2011 and 31 December 2015, between CSIRO employees
of ACDP/AAHL and:
1. s 47F (personal privacy)
of China's Academy of Military Medical
Science (aka State Key Laboratory of Pathogen and Biosecurity or Beijing Institute of
Microbiology and Epidemiology); and/or
2. s 47F (personal
of Wuhan Institute of Virology
privacy)
Fol owing the scope refinement request, CSIRO’s FOI team worked on removing irrelevant emails
from the packages and adjusting the charges calculation. We also arranged for several emails to be
translated from Chinese to English before confirming their lack of relevance to your request.
Second charge notice On 19 June 2023, I emailed you and provided a new charges notice under section 29 of the FOI Act
which included a charges assessment based on 160 documents (excluding some large draft
attachments).
2
Page 35 of 60
FOI Doc. 10
On 21 June 2023, you emailed me to confirm your request that the charges be waived or reduced
on previously stated grounds, providing further information related your claimed public interest
grounds.
Processing timeline error
On 23 June 2023, CSIRO’s FOI team had completed assessing the waiver request and had decided
to waive half the charges based on public interest grounds.
On 26 June 2023, I wrote to you confirming that a notice of decision regarding charges would be
provided shortly.
On 29 June 2023, CSIRO’s FOI team determined that a decision in response to your request for the
charges to be waived, ought likely to have been made and communicated to you by 23 June 2023
(30 days since the original waiver request was received). The second charges notice was likely
issued in error and did not add an additional 30 days to the FOI processing clock. Consequently, it
was determined that it was likely a deemed refusal decision had been made on 26 June 2023, in
accordance with subsection 15AC(3) of the FOI Act. This was because:
- the first charges notice was issued on the 23 May 2023
- CSIRO’s decision to your request to waive charges was due on the 23 June 2023 (30 days
after the waiver request was made, in accordance with subsection 29(6)); and
- there were 3 days left on the clock after CSIRO’s decision was due in relation to your
charges meaning that CSIRO’s decision in relation to your FOI request was due on the 26
June 2023.
On 29 June 2023, you emailed me to express concerns regarding the delay in processing your
request.
On 30 June 2023, I wrote to you apologising for the delay and asking for the opportunity to discuss
the matter via telephone. At the same time, CSIRO’s FOI team urgently prepared third-party
consultation packages and engaged internal scientists who were familiar with the relevant
documents to review the documents for any sensitivities. We understood that even if a deemed
decision had likely been made, CSIRO needed to complete the processing of the request.
On 3 July 2023, I telephoned you and confirmed my understanding that CSIRO had erred in failing
to meet the statutory timeline for processing your request, which likely occurred soon after the
second charges notice was erroneously issued and the resulting timing miscalculation. I confirmed
that charges no longer applied due to the deemed refusal decision, and I apologised for the error,
indicating that CSIRO was working to make a revised decision as quickly as possible. Urgent
internal and external consultation with affected parties had commenced.
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FOI Doc. 10
s 22 - Excluded from scope by applicant (matters not relating to charge decision or waiver)
4
Page 37 of 60
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s 22 - Excluded from scope by applicant (matters not relating to charge decision or waiver)
5
Page 38 of 60
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s 22 - Excluded from scope by applicant (matters not relating to charge decision or waiver)
6
Page 39 of 60
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s 22 - Excluded from scope by applicant (matters not relating to charge decision or waiver)
7
Page 40 of 60
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s 22 - Excluded from scope by applicant (matters not relating to charge decision or waiver)
8
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Rights of Review
In accordance with section 26 of the FOI Act, a statement setting out your rights of review under
the FOI Act follows at
Attachment A.
Yours sincerely,
Annabel Kent
Legal Counsel
CSIRO
9
Page 42 of 60
FOI Doc. 10
Attachment A
Review rights
You are entitled to seek review of this decision.
Internal Review
Firstly, under section 54 of the FOI Act, you may apply for an internal review of the decision. Your
application must be made by whichever date is the later between:
30 days of you receiving this notice; or 15 days of you receiving the documents to which you have
been granted access.
An internal review will be conducted by a different officer from the original decision-maker. No
particular form is required to apply for review although it will assist your case to set out in the
application the grounds on which you believe that the original decision should be overturned. An
application for a review of the decision should be addressed to: xxx@xxxxx.xx
If you choose to seek an internal review, you wil subsequently have a right to apply to the Australian
Information Commissioner for a review of the internal review decision.
External review by the Australian Information Commissioner
Alternatively, under 54L of the FOI Act, you may seek review of this decision by the Australian
Information Commissioner without first going to internal review. Your application must be made
within 60 days of you receiving this notice.
The Information Commissioner is an independent office holder who may review decisions of
agencies and Ministers under the FOI Act. More information is available on the Information
Commissioner's website www.oaic.gov.au.
You can contact the Information Commissioner to request a review of a decision online or by writing
to the Information Commissioner at:
GPO Box 2999
Canberra ACT 2601
Complaints to Ombudsman or Information Commissioner
You may complain to either the Commonwealth Ombudsman or the Information Commissioner
about action taken by CSIRO in relation to the application. The Ombudsman wil consult with the
Information Commissioner before investigating a complaint about the handling of an FOI request.
Your enquiries to the Ombudsman can be directed to:
10
Page 43 of 60
FOI Doc. 10
Phone 1300 362 072 (local call charge)
Email xxxxxxxxx@xxxxxxxxx.xxx.xx
Your enquiries to the Information Commissioner can be directed to:
Phone 1300 363 992 (local call charge)
Email xxxxxxxxx@xxxx.xxx.xx
There is no particular form required to make a complaint to the Ombudsman or the Information
Commissioner. The request should be in writing and should set out the grounds on which it is
considered that the action taken in relation to the request should be investigated and identify CSIRO
as the relev
ant agency.
11
Page 44 of 60
FOI Doc. 11
ii. whether giving access to the document[s] is in the general public interest or in the interest of
a substantial section of the public
iii. any other relevant matter.
Payment of a deposit
As the charge exceeds $100, a 25% deposit, namely,
$386.21 will be sought if the charge is imposed.
The deposit is not refundable except in some limited circumstances or may be refundable in part if
the final charge is less than the deposit paid.
Your electronic payment should be to:
Acc Name: CSIRO Collectors Receipts
Acc Number: 53-221-1423
BSB: 082-902
Description/Reference: FOI2023/63 - Charges
You should also send an email to xxx@xxxxx.xx and a copy to xxxxxxxxxxxxxxxxxxxxxxxx@xxxxx.xx to
confirm a transfer of funds has been made. Please note in your correspondence that the payment
was for your FOI request and note my name Mitchell Tucker.
The time you have to respond and what you need to do
You have 30 days to respond in writing to this notice. We therefore expect a response from you by
11 December 2023. By that date, you must do one of the following things in writing:
•
agree to pay the charge (this will mean that you will not be entitled to access the requested
documents until the full charge (other than any inspection charge) is paid);
•
contend that the charge has been wrongly assessed, or should be reduced or not imposed and
explain your reasons;
•
withdraw your request.
Please send your response to:
Att: Mitchell Tucker
xxx@xxxxx.xx
If you do not provide us with a written response by __ December 2023
your request will be taken
to have been withdrawn.
The per
iod for processing your request is suspended from the day that you receive this notice and
resumes on either the day you pay the charge (in full or the required deposit) or the day on which
CSIRO makes a decision not to impose a charge.
Questions about this notice
CSIRO Australia’s National Science Agency
Page 47 of 60
FOI Doc. 11
If you have any questions or wish to discuss this notice with us, please contact me.
More information about charges under the FOI Act is available on the Office of the Australian
Information Commissioner’s website: What charges may apply? | Office of the Australian Information
Commissioner (OAIC)
Yours sincerely,
Mitchell Tucker
Legal Counsel
CSIRO Australia’s National Science Agency
Page 48 of 60
FOI Doc. 12
In deciding whether a charge should be reduced or not imposed, CSIRO’s FOI decision maker must take into
account:
i. whether payment of the charge, or part of it, would cause you financial hardship and;
ii. whether giving access to the document[s] is in the general public interest or in the interest of a
substantial section of the public
iii. any other relevant matter.
Payment of a deposit
As the charge exceeds $100, a 25% deposit, namely,
$160.75 will be sought if the charge is imposed.
The deposit is not refundable except in some limited circumstances or may be refundable in part if the final
charge is less than the deposit paid.
Your electronic payment should be to:
Acc Name: CSIRO Col ectors Receipts
Acc Number: 53-221-1423
BSB: 082-902
Description/Reference: FOI2024/35 - Charges
You should also send an email to xxx@xxxxx.xx and a copy to xxxxxxxxxxxxxxxxxxxxxxxx@xxxxx.xx to confirm a
transfer of funds has been made. Please note in your correspondence that the payment was for your FOI
request and note my name.
The time you have to respond and what you need to do
You have 30 days to respond in writing to this notice. We therefore expect a response from you by
Monday
15 July 2024. By that date, you must do one of the fol owing things in writing:
•
agree to pay the charge (this wil mean that you wil not be entitled to access the requested documents
until the full charge (other than any inspection charge) is paid);
•
contend that the charge has been wrongly assessed, or should be reduced or not imposed and explain
your reasons;
•
withdraw your request.
If you do not provide us with a written response by 15 July 2024 your request wil be taken to have been
withdrawn.
The period for processing your request is suspended from the day that you receive this notice and resumes
on either the day you pay the charge (in ful or the required deposit) or the day on which CSIRO makes a
decision not to impose a charge.
Questions about this notice
If you have any questions or wish to discuss this notice with us, please contact me.
More information about charges under the FOI Act is available from the Office of the Australian
Information Commissioner’s website: What charges may apply? | Office of the Australian Information
Commissioner (OAIC)
CSIRO
Australia’s National Science Agency
Page 51 of 60
FOI Doc. 12
Yours sincerely,
Alex Briggs
Alex Briggs
Senior Legal Counsel
CSIRO
Australia’s National Science Agency
Page 52 of 60
FOI Doc. 13
* including, but not limited to, emails, letters, briefs, phone calls, text messages, handwritten notes,
meeting notes/minutes, diary records, and messages/documents exchanged via electronic
communication platforms.
Please exclude the fol owing from the scope of the request: personal information of third parties and
junior officers, documents previously provided to ACF under the FOI Act, and publicly available
information.
On 17 June 2024, charges were issued and fol owing consultation you amended the scope of your
request to:
1. A copy of the draft version of the CSIRO’s submission to the Chubb review / Independent Review of
Australian Carbon Credit Units (hereafter ‘Chubb review’) as it stood on 3 October 2022 by close of
business, as wel as all draft versions of the CSIRO’s submission(s) to the Chubb review thereafter.
2. Documents* from 4 October 2022 to 10 October 2022 inclusive containing internal discussions or
commentary about the substance and/or scope of the CSIRO’s submission to the Chubb review,
including while that submission was stil in draft form.
3. Documents* relating to any contact that occurred from 1 October 2022 to 31 October 2022
inclusive:
a. between the CSIRO and the Clean Energy Regulator about the ERF/ACCU scheme methods,
FullCAM, the Chubb review, and/or the CSIRO’s submission to the Chubb review, as wel as
any documents* made in preparation for, during, or fol owing any such contact (for
example, in relation to the meeting on 7 October 2022 referenced in Document 7 in FOI
2024/24); and/or
b. between CSIRO staff and the Chubb review secretariat and/or Chubb review panel ists
specifically about the CSIRO’s submission to the Chubb review (i.e. please exclude any
generic administrative communications that the secretariat sent to stakeholders).
4. With reference to Document 6 in FOI 2024/24, any documents* relating to the “10.30 call” and/or
the “mechanisms” to be “put in place for more senior level visibility and oversight in [the CSIRO’s]
relationship” with the Clean Energy Regulator about any of the fol owing topics: the ERF/ACCU
scheme methods, FullCAM, and/or the Chubb review.
Decision maker
I am an authorised decision maker under section 23 of the FOI Act. This letter sets out my decision
and reasons for the decision in relation to your application.
Decision
Charges
Following initial review of the documents that were captured by your request, a decision to issue a
request for charges was sent to you on 17 June 2024. During the consultation process, you
requested that the scope of your request be amended, and that charges be reviewed based on the
amended scope.
CSIRO
Australia’s National Science Agency
Page 54 of 60
FOI Doc. 13
After conducting a review of the documents captured by your amended request, it was decided that
charges are no longer applicable. Therefore we have withdrawn the request for charges.
s 22 - Excluded from scope by applicant (matters not relating to charge decision or waiver)
CSIRO
Australia’s National Science Agency
Page 55 of 60
FOI Doc. 13
s 22 - Excluded from scope by applicant (matters not relating to charge decision or waiver)
CSIRO
Australia’s National Science Agency
Page 56 of 60
FOI Doc. 13
s 22 - Excluded from scope by applicant (matters not relating to charge decision or waiver)
CSIRO
Australia’s National Science Agency
Page 57 of 60
FOI Doc. 13
s 22 - Excluded from scope by applicant (matters not relating to charge decision or waiver)
Rights of Review
In accordance with section 26 of the FOI Act, a statement setting out your rights of review under
the FOI Act follows at
Attachment A.
Yours sincerely
Alex Briggs
Alex Briggs
Senior Legal Counsel
CSIRO
Australia’s National Science Agency
Page 58 of 60
FOI Doc. 13
Attachment A
Review rights
You are entitled to seek review of this decision.
Internal Review
Firstly, under section 54 of the FOI Act, you may apply for an internal review of the decision. Your
application must be made by whichever date is the later between:
30 days of you receiving this notice; or 15 days of you receiving the documents to which you have
been granted access.
An internal review will be conducted by a different officer from the original decision-maker. No
particular form is required to apply for review although it will assist your case to set out in the
application the grounds on which you believe that the original decision should be overturned. An
application for a review of the decision should be addressed to:
xxx@xxxxx.xx
If you choose to seek an internal review, you wil subsequently have a right to apply to the Australian
Information Commissioner for a review of the internal review decision.
External review by the Australian Information Commissioner
Alternatively, under 54L of the FOI Act, you may seek review of this decision by the Australian
Information Commissioner without first going to internal review. Your application must be made
within 60 days of you receiving this notice.
The Information Commissioner is an independent office holder who may review decisions of
agencies and Ministers under the FOI Act. More information is available on the Information
Commissioner's website www.oaic.gov.au.
You can contact the Information Commissioner to request a review of a decision online using the
link Contact us | OAIC or by writing to the Information Commissioner at:
GPO Box 2999
Canberra ACT 2601
Complaints to Ombudsman or Information Commissioner
CSIRO
Australia’s National Science Agency
Page 59 of 60
FOI Doc. 13
You may complain to either the Commonwealth Ombudsman or the Information Commissioner
about action taken by CSIRO in relation to the application. The Ombudsman wil consult with the
Information Commissioner before investigating a complaint about the handling of an FOI request.
Your enquiries to the Ombudsman can be directed to:
Phone 1300 362 072 (local call charge)
Email xxxxxxxxx@xxxxxxxxx.xxx.xx
Your enquiries to the Information Commissioner can be directed to:
Phone 1300 363 992 (local call charge)
Online via link: Contact us | OAIC
There is no particular form required to make a complaint to the Ombudsman or the Information
Commissioner. The request should be in writing and should set out the grounds on which it is
considered that the action taken in relation to the request should be investigated and identify CSIRO
as the relevant agency
.
CSIRO
Australia’s National Science Agency
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