FEDERAL COURT OF AUSTRALIA
PRINCIPAL REGISTRY
LEVEL 17
LAW COURTS BUILDING
QUEENS SQUARE
SYDNEY NSW 2000
31 October 2024
CR
By email
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear CR,
Request under the Freedom of Information Act
I refer to your emails to the Federal Court of Australia (
Court), the first dated 1 October 2024
requesting access to documents under the
Freedom of Information Act 1982 (Cth) (
FOI Act),
and the second and third emails dated 8 and 23 October 2024 respectively modifying the scope
of your access request.
In your email dated 8 October 2024, which set out the modified scope of your request, you
requested access to the following:
I am writing to amend the scope of my FOI request to assist with its processing.
As I wish to access only recent charge decisions, I have introduced a time frame and clarified
the exclusions. I confirm the revised scope of my request as follows:
1. The most recent 30 notices of charges issued to FOI applicants.
For each of these 30 requests, if applicable, please also provide:
2. Any subsequent decisions regarding charges following applicant contention.
3. Any subsequent decisions regarding charges following internal or external review.
The time period for my request is from 1 July 2022 to 1 October 2024.
Please exclude the following information:
i) Personal information of FOI applicants, including supporting evidence or details of
personal circumstances in a financial hardship contention.
ii) Emails that attached the charges notices/decision letters.
Please feel free to contact me if you require any clarification or have further questions
regarding this request.
In your email dated 23 October 2024, you clarified the scope of your request as follows:
1
I wish to provide clarification as to the scope of my request.
If a preliminary charge notice or decision of a charge is sent via the body of an email (as
opposed to an email attachment) I wish to access a copy of that email, as well as the applicant's
contention reasons.
Authorised decision-maker
I am authorised under section 23 of the FOI Act to make decisions on behalf of the Court in
relation to requests made under the FOI Act.
Searches undertaken
Searches were undertaken by staff of the Court to identify any documents that fall within the
scope of your request, which included searches of the Court’s FOI files on shared drives. The
searches captured all notices of charges issued to FOI applicants in the period 1 July 2022 to 1
October 2024, being the period identified in your FOI request.
As a result of the searches undertaken, a total of thirty-nine (39) documents were identified as
falling within the scope of your request. These documents are comprised of the original and
any subsequent notices of charge, and any decisions on charges in the relevant files. While
you requested access to the thirty (30) most recent notices of charge in the relevant period,
there were not that many notices of charge found.
I am not aware of any other steps that can be taken to identify documents within the scope of
your request.
Decision
I have decided to grant you access in part to each of the thirty-nine (39) documents that fall
within the scope of your FOI request. The documents have information redacted which you
agreed to exclude or which I consider is not relevant to your request. The information that is
redacted is personal information of FOI applicants, such as their names, contact details and
FOI reference numbers, as well as invoices that were annexed to charges notices or decisions.
I have taken the following into account in making my decision:
• the terms of your request;
• the relevant provisions of the FOI Act and case law considering those provisions;
• the
Freedom of Information (Charges) Regulations 1982; and
• the FOI Guidelines issued by the Office of the Australian Information Commissioner.
Access format
Given your FOI request was made by email, I assume that you would prefer access to the thirty-
nine (39) documents that fall within the scope of your request in the form of electronic copies
being emailed to you. I have therefore decided to grant you access to those documents in a
combined PDF bundle and release the documents to you by email. The combined PDF bundle
accompanies this letter. For your convenience, I provide below a table of the thirty-nine (39)
documents that have been compiled into the PDF bundle:
Request 1
2
1.
Original notice of charge
15 July 2022
2.
Subsequent notice of charge
19 July 2022
Request 2
3.
Original notice of charge
28 July 2022
4.
Charges decision
30 August 2022
5.
Revised notice of charge
30 August 2022
6.
Internal review decision
14 October 2022
7.
Final charges decision
12 September 2023
Request 3
8.
Original notice of charge
15 July 2022
9.
Charges decision
23 August 2022
10.
Internal review decision
23 September 2022
11.
Final charges decision
7 September 2023
Request 4
12.
Original notice of charge
8 August 2022
13.
Charges decision
13 September 2022
Request 5
14.
Original notice of charge
19 September 2022
15.
Charges decision
19 October 2022
16.
Internal review decision
18 November 2022
17.
Final charges decision
30 June 2023
Request 6
18.
Original notice of charge
28 September 2022
19.
Charges decision
28 October 2022
20.
Internal review decision
28 November 2022
21.
Revised notice of charge
28 November 2022
22.
Final charges decision
30 June 2023
Request 7
23.
Original notice of charge
11 November 2022
24.
Charges decision
13 December 2022
25.
Final charges decision
19 June 2023
Request 8
26.
Original notice of charge
28 November 2022
27.
Charges decision
30 December 2022
28.
Internal review decision
30 January 2023
Request 9
29.
Original notice of charge
29 November 2022
30.
Charges decision
30 December 2022
31.
Internal review decision
30 January 2023
Request 10
32.
Original notice of charge
19 December 2022
33.
Charges decision
18 January 2023
Request 11
34.
Original notice of charge
2 January 2023
35.
Charges decision
2 February 2023
36.
Revised notice of charge
2 February 2023
37.
Internal review decision
6 March 2023
Request 12
38.
Original notice of charge
11 January 2023
39.
Charges decision
6 March 2023
3
Charges
You have not been charged for the processing of your request.
Your Review Rights
If you are dissatisfied with my decision, you may apply for internal review or to the Information
Commissioner for review of those decisions. I encourage you to seek internal review as a first
step as it may provide a more rapid resolution of your concerns.
Internal review
Under section 54 of the FOI Act, you may apply in writing to the Court for an internal review
of my decision. The internal review application must be made within 30 days of the date of
this letter.
Where possible please attach reasons as to why you believe review of the decision is necessary.
The internal review will be carried out by another officer within 30 days.
Information Commissioner review
Under section 54L of the FOI Act, you may apply to the Australian Information Commissioner
to review my decision. An application for review by the Information Commissioner must be
made in writing within sixty (60) days of the date of this letter and be lodged in one of the
following ways:
online:
OAIC Web Form
email:
xxx@xxxx.xxx.xx
post: FOI Coordinator, GPO Box 5288, Sydney NSW 2001
More information about the Information Commissioner review is available on the Office of the
Australian Information Commissioner (OAIC) website at:
https://www.oaic.gov.au/freedom-
of-information/your-freedom-of-information-rights/freedom-of-information-
reviews/information-commissioner-review.
Complaints
If you are dissatisfied with the way the Court has handled your FOI request, you may complain
to the Information Commissioner in writing. There is no fee for making a complaint. More
information about making a complaint is available on the OAIC website, including a link to
the online complaints form which the OAIC recommends using for complaints, at:
https://webform.oaic.gov.au/prod?entitytype=Complaint&layoutcode=FOIComplaintWF.
Yours sincerely,
R Muscat
Registrar
4