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Section 22 - Charges for access to documents

Guidelines

Overview of section 22

1.1

Regulation 6 of the Freedom of Information (Access Charges) Regulations 2014 (Regulations) states that an applicant who has made a request in accordance with section 17 is liable to pay a charge set out in or calculated in accordance with the Schedule to the Regulations. Section 20 makes it a condition of access that any charges payable have in fact been paid. The charges referred to in regulation 6 and section 20 are known as ‘access charges’.

1.2

Subsection 22(1) sets out the principles that agencies and Ministers must follow when calculating access charges under the Regulations. The principles also set out the circumstances when access charges do not apply or must be waived.

1.3

Subsections 22(3)-(7) deal with an agency or Minister seeking an access charges deposit from an applicant.

Overarching principle to provide access at the lowest reasonable cost

1.4

When calculating access charges, agencies and Ministers must ensure they consider the object of the Act in section 3(2) – to promote the disclosure of government held information at the lowest reasonable cost.1 Agencies and Ministers are encouraged not to take a technical or overly legalistic approach when determining whether to impose or when calculating an access charge.

1.5

The object of the Act is supported by:

  • regulation 7 which requires agencies and Ministers to calculate access charges based on the form of access with the lowest reasonable cost, where no form of access is specified by the applicant;2 and
  • section 23(4), which requires agencies and Ministers to calculate access charges based on the form of access requested by the applicant, where that form of access would have been cheaper than the form of access provided by the agency or Minister.

What are access charges?

1.6

Access charges are the cost associated with processing a request and providing access to documents.

1.7

Access charges are separate from payment of the application fee required under section 17(2A).5

1.8

Access charges are found in the Schedule to the Regulations, which outlines 10 categories of ‘services’, and the access charge for each type of service. A summary of common access charges is provided below.

Rounding of access charges

1.9

Some access charges are calculated using the value of a ‘fee unit’. The value of a fee unit is prescribed by the Department of Treasury and Finance and it increases with indexation each year. To calculate the applicable access charge, the current value of the fee unit needs to be multiplied by the amount noted in the Schedule to the Regulations (either 1.5 or 1.9 fee units, depending on the access charge) and then further multiplied by the amount of time taken to provide access.

1.10

Section 7(4) of the Monetary Units Act 2004(Vic) provides that when calculating a fee provided for by an Act, the fee amount may be rounded to the nearest ten cents. This means the total access charges payable under the FOI Act may be rounded to the nearest ten cents.

Access charges for search time

1.11

An agency or Minister must only charge for the time that would be spent in conducting a routine search for the requested documents.7

1.12

An agency or Minister must also not charge for any additional time spent searching for lost or misplaced documents. A search of this kind is not a routine search.8

1.13

The search time charge is fixed at an hourly rate.9 The fixed charge amount is 1.5 fee units per hour or part of an hour.10

1.14

An agency or Minister may only charge search time for documents that it would need to search for in the future.11 If a search has already taken place, before the FOI request was received, or before an applicant is informed of the estimated access charges amount, and agrees to proceed with the request,12 an agency or Minister cannot charge an applicant for that search time.

1.15

Agencies and Ministers should calculate access charges for searching for electronically stored documents (such as emails and other printable documents including Word documents, PDF documents, and Excel spreadsheets) using Item 1 of the Schedule, not Item 7 of the Schedule.13 That is because electronically stored documents are a ‘document’ under the Act and must be processed in the ordinary way under the Act. Item 7 may only be used where an agency or Minister must create a written document under section 19.

Access charges for supervising the inspection of documents

1.16

An agency or Minister may charge for the time spent supervising the applicant to inspect a document.21 This includes inspecting a document or viewing sound or visual images under the supervision of an agency officer.

1.17

The amount an agency or Minister can charge is fixed at 1.5 fee units per hour, calculated per quarter hour or part of a quarter hour.22

Access charges for reasonable costs incurred by an agency in certain circumstances

1.18

An agency or Minister may charge for the reasonable costs incurred by the agency or Minister in the circumstances set out below.25

1.19

Calculating reasonable costs will depend on the context of the situation. Agencies and Ministers must consider the object of the Act in section 3(2) (to promote the disclosure of government held information at the lowest reasonable cost) when calculating access charges.

1.20

Reasonable costs may be charged in the following situations:

  • In supplying copies of documents, other than black and white photocopy of an A4 page.26 For example, supplying colour copies or copies of a different size to A4.
    • Reasonable costs may not be charged for black and white A4 photocopying. The cost of black and white photocopying is fixed at 20 cents per A4 page.27
    • Reasonable costs for postage or delivery should be the actual cost of the service.
    • Reasonable costs for providing documents on USB or CD should be the actual cost of the storage medium.
    • Agencies and Ministers should not charge an applicant for supplying copies of documents digitally, such as by email or through a file share platform.
    • Reasonable costs to retrieve hard-copy or soft-copy documents from an offsite location, if documents of that nature are routinely stored offsite.
      • Where an agency or Minister archives documents after a short period of time, for example 12 months after the date of creation, the costs to retrieve the document are unlikely to be considered routine or reasonable. In contrast, if documents seven years old or more are archived offsite, the costs to retrieve this type of document are likely to be considered routine and reasonable.
  • In making arrangements to hear or view sounds or images.28
    • This charge is in addition to the charge for supervision time.29
    • It may be reasonable to calculate the charge based on the pay rate of the officer making the arrangements. However, charging at the pay rate of an executive level officer may not be ‘reasonable’, where the work could have been performed by an officer at a lower pay grade.
  • In providing a written transcript of the words recorded or contained in documents.30
    • It may be reasonable to calculate costs based on the:
      • time taken to produce the transcript, at the pay rate of the officer producing the transcript. However, charging at the pay rate of an executive level officer may not be considered ‘reasonable’; or
      • costs of an external provider used to produce the transcript.
  • In providing a written document produced under section 19.31
    • For example:
      • reasonable costs may be calculated based on the pay rate of the officer producing the document. However, charging at the pay rate of an executive level officer may not be considered ‘reasonable’;
      • reasonable costs may be the costs of external consultants used to retrieve data to produce a document.
    • Agencies and Ministers should not use Item 7 when calculating access charges for searching for electronically stored documents and emails.32 Instead, the agency or Minister should charge for search time using Item 1 of the Schedule. Electronically stored documents include emails and printable documents such as Word documents, PDF’s and Excel spreadsheets.

Access charges for an explanation or summary of an applicant’s own health information

1.21

The Act provides for special forms of access to an applicant’s own health information that align with the forms of access in the Health Records Act 2001 (Vic).

1.22

Items 8-10 of the Schedule set out the access charges for providing access to an applicant’s health information. However, as a request for an applicant’s health information is a request for information relating to their personal affairs, section 22(1)(h)(iii) requires the access charges in Items 8-10 of the Schedule to be waived.

When access charges do not apply

1.23

An agency or Minister may only impose access charges for the services listed in the Schedule to the Regulations. An agency or Minister must not charge applicant for any costs of providing access that do not fit within the list of services in the Schedule.

1.24

There are also specific circumstances where an agency or Minister cannot make an applicant pay access charges:

  • time spent searching for a lost or misplaced document;41
  • time spent examining a document to determine if it contains exempt matter or deleting exempt matter from a document;42
  • inspection of a document that should be available under sections 8(1) or 11(1) of Part II;43 and
  • any tasks (other than making copies, a transcript, or producing a document under section 19) where the:
    • applicant’s intended use of the document is one that is in the general public’s interest or benefit;44 or
    • applicant is a member of the Victorian Parliament;45 or
    • request is for a document containing information relating to the personal affairs of the applicant.46

Intended use of the document is of general public interest or benefit

1.25

To help an agency or Minister to decide whether the applicant’s intended use of the document is one that is in the general public’s interest or benefit, the applicant should ask the agency or Minister to not impose access charges and explain why their intended use of the document is one of general public interest or benefit.

1.26

The phrase ‘general public interest or benefit’ should be interpreted in a way that supports:

  • the object of the Act to extend as far as possible the right of the community to access information in the possession of government and other government bodies;
  • Parliament’s intention that the provisions of the Act be interpreted so as to further the Act’s object; and
  • Parliament’s intention that any discretions in the Act, be exercised as far as possible to facilitate and promote, promptly and at the lowest reasonable cost, the disclosure of information.53
1.27

A use of general public interest or benefit includes uses that will be in the interest of or for the benefit of the general public. This is different to the interest or benefit of individual members of groups of members of the public. ‘General public’ does not include an individual or individuals.54

1.28

A use of general public interest or benefit also does not mean a use that satisfies curiosity or general public attention.55

1.29

A use of personal or commercial benefit may not be in the general public’s benefit or interest, unless it is outweighed by some wider general public interest or benefit.56

1.30

The public value or usefulness of the intended use is relevant.60 For example, a proposed use that is likely to meaningfully contribute to public knowledge or understanding of a subject would likely be a use of general public interest or benefit.61

When access charges must be waived

Routine requests

1.31

An agency or Minister must waive access charges if the request is a routine request for access to a document.75

1.32

A routine request is a request that an agency or Minister receives on a regular or routine basis or relates to information that could be either proactively or informally released outside of the Act.

1.33

Documents falling within a routine request are those that can be disclosed as part of an agency or Minister’s normal administrative practices.

1.34

If it is a routine request for information, an agency should consider whether documents can be properly provided to an applicant outside the Act, as required by Professional Standard 1.1. No access charges are required to apply to a document provided outside the Act.

Applicant is impecunious and a document contains their personal affairs information

1.35

If an applicant is impecunious and the document contains their personal affairs information, the agency or Minister must waive any charges.77 This means an agency or Minister must waive charges for:

  • supplying copies of documents;
  • making arrangements to view documents;
  • providing a written transcript; or
  • producing a document under section 19.
1.36

‘Impecunious’ is defined broadly. It means being poor, in want of money, having little money, or being unable reasonably to afford the access charges, rather than having no money at all.78 The purpose of waiving an access charge is to avoid causing an applicant further financial hardship.

1.37

If an agency or Minister waived payment of the application fee based on hardship, an agency or Minister should also waive any access charges if the documents contain the applicant’s own personal information.

1.38

However, if an applicant paid the application fee, the agency or Minister should not take this as evidence the applicant can pay access charges. An applicant may not be able to reasonably afford access charges, even though they paid the application fee.

1.39

An agency or Minister can also reimburse the application fee to the applicant, if the agency or Minister is satisfied payment would cause hardship to the applicant.

See section 17 for more information on waiving or reducing the application fee.

Form of access

1.40

If access to a document is provided in a different form to what an applicant requested, an agency or Minister cannot impose an access charge that is greater than the charge that would apply to provide access in the form requested by the applicant.81

1.41

If access could be provided in more than one form, and the applicant has not requested a particular form, the access charge must reflect access in the form that would be at the lowest reasonable cost, even if access is provided in a form that may incur greater access charges.82

Summary table of access charges

Flowchart for deciding whether access charges apply

At what stage should access charges be calculated?

1.42

An agency or Minister should estimate access charges as soon as practicable after a valid request is accepted and the request needs to be processed (for example, sections 25A(1), 25A(5) or 24A do not apply).

1.43

Access charges must be estimated before that agency or Minister searches for document. An agency or Minister cannot charge for document searches before an applicant is notified of estimated access charges and has agreed to proceed with the request.85

1.44

An agency or Minister should consult relevant business areas early to estimate how many documents may be relevant to a request, how many hours of search time may be required, and any other charges that may apply.

1.45

An online access charges calculatoris available on the Office of the Victorian Information Commissioner’s website to help estimate and calculate common access charges.

Notifying an applicant of estimated access charges and seeking a deposit

1.46

If an agency or Minister estimates access charges may exceed $50,87 the agency or Minister must notify the applicant of the estimated access charges and confirm whether the applicant wishes to proceed with their request before doing any further work on it (access charges notice).88

1.47

If the estimated access charges are $50 or less, the agency or Minister does not have to notify the applicant.

1.48

If an agency or Minister searches for documents before an applicant agrees to proceed with the request, the agency or Minister cannot charge for that search time.89

Deposit amount

1.49

In an access charges notice, an agency or Minister must inform the applicant that the applicant will have to pay a deposit.93

1.50

The deposit amount is:

  • $25, if the estimated access charge is $100 or less; or
  • 50% of the total estimated access charge if the charge exceeds $100.94
1.51

Before making a decision on the applicant’s request, an agency or Minister can only require payment of a deposit amount, not the full estimated access charge.95

Timing of the notice

1.52

Professional standard 4.2requires an agency to take reasonable steps to notify an applicant of the estimated access charges within 21 days of receiving a valid request.

Information that must be included in the access charges notice

1.53

An access charges notice must include:

  • the agency’s opinion that the estimated access charge may exceed $50;
  • a question to the applicant asking whether the applicant wishes to proceed with the request;
  • the estimated access charges and how those charges were calculated;
  • the deposit amount and the requirement for the applicant to pay the deposit amount before the request is further processed;
  • the date by which the deposit must be paid – which must be no less than 60 days after an applicant receives the access charges notice (an applicant has 60 days to seek review of the access charges amount);
  • information outlining the applicant may contact the agency to discuss practicable alternatives for altering the request or reducing the anticipated access charges;
  • information outlining the agency may or will finalise the request without processing it if the applicant does not:
    • contact the agency to discuss options to reduce the anticipated charges; or
    • pay the deposit by the date specified in the notice. The agency must take reasonable steps to provide options for payment of the deposit amount in line with accepted payment methods the agency provides for other services of a similar financial sum;
  • the name and designation of the person who calculated the estimated access charge; and
  • the applicant’s right to apply within 60 days to VCAT for a review of the estimated access charges amount if OVIC first issues a certificate certifying the matter is of sufficient importance to be considered by VCAT.99

Changes to the timeframe for processing a request

1.54

There are two ways that the timeframe for processing a request can change after an access charges notice is provided to an applicant.

1.55

Firstly:

  • the timeframe for making a decision stops when the applicant is notified about the requirement to pay a deposit for access charges; and
  • the timeframe for making a decision resets to ‘day one’ of the 30 day timeframe, the day after the applicant pays the deposit.101

This means that after an applicant pays a deposit, an agency or Minister has the full 30 day period under section 21, as well as any applicable extensions of time, to process the request.

1.56

Any changes to the timeframe for processing a request does not affect the date range of documents relevant to a request. The request can only be for documents that existed up to the date the valid request was originally accepted. The date range is not extended to the date the deposit is paid.

1.57

Secondly, an applicant and agency or Minister may negotiate a different timeframe to process the request or waive the need to comply at all with time limits when discussing ways to alter the request or reduce the anticipated charge.102

1.58

If 60 days has elapsed since an access charges notice was sent to an applicant, and the applicant has not paid the deposit amount or has not engaged with the agency or Minister to negotiate a reduced amount, the agency or Minister may treat the request as having lapsed. If a request lapses, the agency or Minister does not need to further deal with the request. If an applicant later decides to proceed with their request, the applicant should make a fresh request for the same documents.

Notifying an applicant of the access charges amount in the notice of decision

1.59

If there are outstanding access charges that the applicant must pay before receiving access to documents, an agency or Minister should outline these charges in a notice of decision.105

1.60

An agency or Minister does not have to provide access to a document until the applicant has paid any outstanding access charges.106

1.61

Actual access charges can differ from the estimated access charges.

1.62

Professional Standard 6.1 requires an agency to keep a record of the searches undertaken. In addition, it is good practice to include information about the time taken to conduct the search. This information will assist an FOI Officer to calculate the actual access charge amount, that is communicated to an applicant in the notice of decision.

1.63

If the actual access charge is less than the deposit paid by the applicant, the agency or Minister will need to reimburse the applicant for the overpayment.

1.64

The notice of decision on the request should advise an applicant of their right to apply for a review of the access charges decision (in addition to the right to apply for review of the access decision).

Right to apply for a review

1.65

An applicant may apply to VCAT to review a decision of an agency or Minister to impose an access charge or a decision as to the amount of the charge. Before making an application to VCAT, an applicant must first apply to OVIC to certify the matter is of sufficient importance for VCAT to consider.109

For more information on access charges certificates, see section 50 – Applications for review by the Tribunal.

1.66

The decision under review may relate to:

  • estimated access charges, notified to an applicant in the access charges notice;110 or
  • actual access charges, notified to an applicant in the notice of decision.111
1.67

An applicant will have this right of review whether they pay the access charges deposit or full access charges. That is, an applicant can simultaneously pay the access charges to an agency or Minister to receive access to documents and request an access charges certificate from OVIC.

1.68

An applicant must apply to VCAT for review within 60 days from the day on which the agency or Minister gives the applicant the notice of decision.112

Payment of access charges

1.69

Under Professional Standard 4.3an agency that requires payment of an access charge deposit or access charges must take reasonable steps to provide options for payment of the charges in line with accepted payment methods the agency provides for other services of a similar financial sum.

1.70

This means that if the agency has an electronic transfer facility for the payment of similar amounts to the access charges, this option should be provided to the applicant to pay the amount.

Flowchart of agency process for imposing access charges

More information

  1. Mickelburough v Victoria Police [2016] VCAT 732, [10]-[11].
  2. Freedom of Information (Access Charges) Regulations 2014 (Vic).
  3. Mickelburough v Victoria Police [2016] VCAT 732, [10]-[11].
  4. Freedom of Information (Access Charges) Regulations 2014 (Vic).
  5. See Freedom of Information (Access Charges) Regulations 2014 (Vic) regulation 6, Note.
  6. See Freedom of Information (Access Charges) Regulations 2014 (Vic) regulation 6, Note.
  7. Freedom of Information Act 1982 (Vic), section 22(1)(a).
  8. Freedom of Information Act 1982 (Vic), section 22(1)(a).
  9. Freedom of Information Act 1982 (Vic), section 22(1)(b).
  10. Freedom of Information (Access Charges) Regulations 2014, Schedule, Item 1.
  11. Sunbury Progress Association v Hume City Council [2004] VCAT 2344, [26].
  12. This refers to the situation where section 21(3) is engaged because the estimated access charges amount exceeds $50. In this situation, section 21(3) requires an agency to notify an applicant of the estimated access charges amount and inquire whether the applicant wishes to proceed with the request.
  13. Monash University v EBT [2022] VSC 651.
  14. Freedom of Information Act 1982 (Vic), section 22(1)(a).
  15. Freedom of Information Act 1982 (Vic), section 22(1)(a).
  16. Freedom of Information Act 1982 (Vic), section 22(1)(b).
  17. Freedom of Information (Access Charges) Regulations 2014, Schedule, Item 1.
  18. Sunbury Progress Association v Hume City Council [2004] VCAT 2344, [26].
  19. This refers to the situation where section 21(3) is engaged because the estimated access charges amount exceeds $50. In this situation, section 21(3) requires an agency to notify an applicant of the estimated access charges amount and inquire whether the applicant wishes to proceed with the request.
  20. Monash University v EBT [2022] VSC 651.
  21. Freedom of Information Act 1982 (Vic), section 22(1)(c).
  22. Freedom of Information (Access Charges) Regulations 2014, Schedule, Item 2.
  23. Freedom of Information Act 1982 (Vic), section 22(1)(c).
  24. Freedom of Information (Access Charges) Regulations 2014, Schedule, Item 2.
  25. Freedom of Information Act 1982 (Vic), section 22(1)(d).
  26. Freedom of Information (Access Charges) Regulations 2014, Schedule, Item 4.
  27. Freedom of Information (Access Charges) Regulations 2014, Schedule, Item 3.
  28. Freedom of Information (Access Charges) Regulations 2014, Schedule, Item 5.
  29. Freedom of Information (Access Charges) Regulations 2014, Schedule, Item 2.
  30. Freedom of Information (Access Charges) Regulations 2014, Schedule, Item 6.
  31. Freedom of Information (Access Charges) Regulations 2014, Schedule, Item 7.
  32. Monash University v EBT [2022] VSC 651.
  33. Freedom of Information Act 1982 (Vic), section 22(1)(d).
  34. Freedom of Information (Access Charges) Regulations 2014, Schedule, Item 4.
  35. Freedom of Information (Access Charges) Regulations 2014, Schedule, Item 3.
  36. Freedom of Information (Access Charges) Regulations 2014, Schedule, Item 5.
  37. Freedom of Information (Access Charges) Regulations 2014, Schedule, Item 2.
  38. Freedom of Information (Access Charges) Regulations 2014, Schedule, Item 6.
  39. Freedom of Information (Access Charges) Regulations 2014, Schedule, Item 7.
  40. Monash University v EBT [2022] VSC 651.
  41. Freedom of Information Act 1982 (Vic), section 22(1)(a).
  42. Freedom of Information Act 1982 (Vic), section 22(1)(e).
  43. Freedom of Information Act 1982 (Vic), section 22(1)(f).
  44. Freedom of Information Act 1982 (Vic), section 22(1)(h)(i).
  45. Freedom of Information Act 1982 (Vic), section 22(1)(h)(ii).
  46. Freedom of Information Act 1982 (Vic), section 22(1)(h)(iii).
  47. Freedom of Information Act 1982 (Vic), section 22(1)(a).
  48. Freedom of Information Act 1982 (Vic), section 22(1)(e).
  49. Freedom of Information Act 1982 (Vic), section 22(1)(f).
  50. Freedom of Information Act 1982 (Vic), section 22(1)(h)(i).
  51. Freedom of Information Act 1982 (Vic), section 22(1)(h)(ii).
  52. Freedom of Information Act 1982 (Vic), section 22(1)(h)(iii).
  53. Lapidos v Office of Corrections (1990) 4 VAR 31, 36; Russell v Murrindindi Shire Council (Review and Regulation) [2016] VCAT 1287, [45].
  54. Lapidos v Office of Corrections (1990) 4 VAR 31, 44.
  55. Lapidos v Office of Corrections (1990) 4 VAR 31, 44.
  56. Lapidos v Office of Corrections (1990) 4 VAR 31, 37.
  57. Prospectors & Miners Association (Vic) v Office of the Mining Warden (1987) 1 VAR 472; Sunbury Progress Association v Hume City Council [2004] VCAT 2344, [20]-[21].
  58. Russell v Murrindindi Shire Council (Review and Regulation) [2016] VCAT 1287, [46]-[47].
  59. Russell v Murrindindi Shire Council (Review and Regulation) [2016] VCAT 1287, [48].
  60. Lapidos v Office of Corrections (1990) 4 VAR 31, 37.
  61. Lapidos v Office of Corrections (1990) 4 VAR 31, 37.
  62. Lapidos v Office of Corrections (1990) 4 VAR 31, 45-46.
  63. Gleeson v Ministry of Education (1987) 1 VAR 392, 394.
  64. Lapidos v Office of Corrections (1990) 4 VAR 31, 36; Russell v Murrindindi Shire Council (Review and Regulation) [2016] VCAT 1287, [45].
  65. Lapidos v Office of Corrections (1990) 4 VAR 31, 44.
  66. Lapidos v Office of Corrections (1990) 4 VAR 31, 44.
  67. Lapidos v Office of Corrections (1990) 4 VAR 31, 37.
  68. Prospectors & Miners Association (Vic) v Office of the Mining Warden (1987) 1 VAR 472; Sunbury Progress Association v Hume City Council [2004] VCAT 2344, [20]-[21].
  69. Russell v Murrindindi Shire Council (Review and Regulation) [2016] VCAT 1287, [46]-[47].
  70. Russell v Murrindindi Shire Council (Review and Regulation) [2016] VCAT 1287, [48].
  71. Lapidos v Office of Corrections (1990) 4 VAR 31, 37.
  72. Lapidos v Office of Corrections (1990) 4 VAR 31, 37.
  73. Lapidos v Office of Corrections (1990) 4 VAR 31, 45-46.
  74. Gleeson v Ministry of Education (1987) 1 VAR 392, 394.
  75. Freedom of Information Act 1982 (Vic), section 22(1)(g).
  76. Freedom of Information Act 1982 (Vic), section 22(1)(g).
  77. Freedom of Information Act 1982 (Vic), section 22(1)(d). Freedom of Information (Access Charges) Regulations 2014, Schedule, Items 3-7.
  78. Larson v Officer of Corrections (Administrative Appeals Tribunal Victoria, Howie PM, 19 June 1990).
  79. Freedom of Information Act 1982 (Vic), section 22(1)(d). Freedom of Information (Access Charges) Regulations 2014, Schedule, Items 3-7.
  80. Larson v Officer of Corrections (Administrative Appeals Tribunal Victoria, Howie PM, 19 June 1990).
  81. Freedom of Information Act 1982 (Vic), section 23(4).
  82. Freedom of Information (Access Charges) Regulations 2014, Regulation 7.
  83. Freedom of Information Act 1982 (Vic), section 23(4).
  84. Freedom of Information (Access Charges) Regulations 2014, Regulation 7.
  85. Sunbury Progress Association v Hume City Council [2004] VCAT 2344, [26].
  86. Sunbury Progress Association v Hume City Council [2004] VCAT 2344, [26].
  87. Freedom of Information (Access Charges) Regulations 2014, Regulation 8.
  88. Freedom of Information Act 1982 (Vic), section 22(3).
  89. Sunbury Progress Association v Hume City Council [2004] VCAT 2344, [26].
  90. Freedom of Information (Access Charges) Regulations 2014, Regulation 8.
  91. Freedom of Information Act 1982 (Vic), section 22(3).
  92. Sunbury Progress Association v Hume City Council [2004] VCAT 2344, [26].
  93. Freedom of Information Act 1982 (Vic), section 22(4).
  94. Freedom of Information (Access Charges) Regulations 2014, Regulation 9.
  95. Freedom of Information Act 1982 (Vic), section 22(2).
  96. Freedom of Information Act 1982 (Vic), section 22(4).
  97. Freedom of Information (Access Charges) Regulations 2014, Regulation 9.
  98. Freedom of Information Act 1982 (Vic), section 22(2).
  99. These requirements are found in section 22 and Professional Standard 4.1. The Information Commissioner or Public Access Deputy Commissioner may issue an access charges certificate. 
  100. These requirements are found in section 22 and Professional Standard 4.1. The Information Commissioner or Public Access Deputy Commissioner may issue an access charges certificate. 
  101. Freedom of Information Act 1982 (Vic), section 22(5).
  102. Freedom of Information Act 1982 (Vic), section 22(6).
  103. Freedom of Information Act 1982 (Vic), section 22(5).
  104. Freedom of Information Act 1982 (Vic), section 22(6).
  105. A notice of decision must be prepared in accordance with section 27.
  106. Freedom of Information Act 1982 (Vic), section 20.
  107. A notice of decision must be prepared in accordance with section 27.
  108. Freedom of Information Act 1982 (Vic), section 20.
  109. Freedom of Information Act 1982 (Vic), section 50(1)(g).
  110. In section 22(3).
  111. Made under section 27.
  112. Freedom of Information Act 1982 (Vic), section 52(1).
  113. Freedom of Information Act 1982 (Vic), section 50(1)(g).
  114. In section 22(3).
  115. Made under section 27.
  116. Freedom of Information Act 1982 (Vic), section 52(1).

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Last updated 27 December 2023

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