UNCLASSIFIED

Dear Mr Fairless,

As DFAT's FOI guidelines for decision makers are publicly available at: http://dfat.gov.au/about-us/publications..., I would be grateful if you could confirm whether you wish to continue with this request.

Helen Horsington
Director
FOI and Privacy Law Section (FPL/LLB)
x5850

This email and any attachments may contain confidential information or legal advice over which legal professional privilege can be claimed. Such privilege is not waived and you should ensure that, in your handling of the advice, you avoid waiving privilege. Please consult the author of the advice if unsure about appropriate handling.

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UNCLASSIFIED

FOI Ref: 1611-F1656

Dear Mr Fairless

Re: Freedom of Information Request

I refer to your current request for access under the Freedom of Information Act 1982 (the FOI Act) to:

a copy of the FOI delegation from the Secretary.

Preliminary searches for documents relevant to your request have been completed. The next step is to consider the application of section 29 of the FOI Act, which concerns the charge, if any, for processing your request.

I am authorised under section 23 of the FOI Act to make decisions on the charge for processing your request. I have decided that you are liable to pay a charge. Based on the number of relevant pages, processing time and time taken by the Decision Maker to assess your request (noting that the first five hours are free of charge), our preliminary assessment of the amount of that charge is $14.50. Please note that at this stage in the FOI process, no decision has been made as to whether the information you seek will be released or exempt under the provisions of the FOI Act. My decision relates only to the processing charges.

Now that we have given you written notice of our preliminary assessment of the amount of the charge for processing your request, under section 29 of the FOI Act, you have 30 days within which to:
• agree to pay the charge;
• contend that the charge has been wrongly assessed, or should be reduced or not imposed; or
• withdraw your request.

You may also elect to narrow the scope of your request as a means to reduce the charge which would apply. The narrowed request would be handled as a new FOI request for the purposes of the statutory timelines for access to documents.
Should you agree to pay the charge, the Freedom of Information (Fees & Charges) Regulations requires that a deposit of $20.00 be paid where the estimated total cost is less than $100.00, before processing commences. In the current case, the full amount of $14.50 is required.

You can make your payment by cheque or money order made payable to ‘The National Cashier – DFAT’; by credit card (an authorisation form to arrange payment of the application fee by Visa/Mastercard is attached); or by Direct Debit (see details in attachment).
Should you contend that the charge has been wrongly assessed, or should be reduced or not imposed, you may apply for the Department to waive or reduce the charge. The Department may waive or reduce the charge for any reason, including where:
• the payment of the fee or a part of the fee would cause you financial hardship; or
• the giving of access to documents relevant to your request is in the general public interest or in the interest of a substantial section of the public.

A departmental decision-maker will take into account any considerations you put forward, and will make a decision on whether the charge should be imposed, and in what amount.
Section 31 of the FOI Act provides that the 30 day period within which we should process your request is suspended until we receive your payment of the deposit for the charge for processing your request, or we decide not to impose a charge. Should you withdraw your request at this stage, no charge will be imposed.

If we do not receive your response to this letter within 30 days of its receipt, I will consider that you no longer wish to continue with your request, and I will deem it withdrawn. Should you have any queries, or would like to discuss revising the terms of your request, please contact me by reply email to [DFAT request email].

Yours sincerely

 Payment of Charges: (Deposit / In Full)

For the sum of $____________ as detailed in the FOI Estimate of Charges letter dated ____________ (FOI ref: 1611-F1565)

Credit Card Payment for Freedom of Information (FOI) Charges

Name _________________________________
Address _________________________________
_________________________________
_________________________________

I authorise the National Cashier of the Department of Foreign Affairs and Trade to debit my

 VISA  MASTER CARD

--- Expiry: _____/_____

Name appearing on card _________________________

Signature:

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UNCLASSIFIED

Dear Mr Fairless,

Thank you for your email of 4 November 2016 regarding a request for a total reduction in fees in relation to your FOI request of 2 November 2016.

In support of your request, you have provided that:

“the information you seek is operational information and should be published under section 8A of the FOI Act (under the IPS Scheme) and that the charge should not apply for this request."

A decision-maker will be appointed to consider your request and will write to you directly in due course.

Please do not hesitate to contact us if you have any questions: [DFAT request email]

Yours sincerely

Stephanie Allan
Assistant Director
Freedom of Information and Privacy Law Section Department of Foreign Affairs and Trade Corporate Legal Branch
E [email address]
Legal Division
T +61 2 6261 2541

Part time hours: Monday to Thursday

W www.dfat.gov.au

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UNCLASSIFIED

Dear Mr Fairless

As requested, please find attached.

Yours sincerely

DFAT FOI TEAM
[DFAT request email]

This email and any attachments may contain confidential information or legal advice over which legal professional privilege can be claimed.  Such privilege is not waived and you should ensure that, in your handling of the advice, you avoid waiving privilege.  Please consult the author of the advice if unsure about appropriate handling.

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