Fees for applications and complaints
156 Fees for applications and complaints
A public sector organisation may charge:
(a) a fee in respect of the making of an application (an application fee); and
(b) a fee in respect of the time taken, and the costs incurred, by the public sector organisation in response to an application (a processing fee).
(1A) If the public sector organisation is a client organisation under a processing arrangement with a supporting organisation, the processing fee that may be charged under subsection (1)(b) may include time taken, and costs incurred, by officers or employees of the supporting organisation in response to the application.
(2) The Commissioner may charge a fee in respect of the making of a complaint.
(3) A fee charged under this section is to be reasonable and a processing fee is not to be charged for time spent locating government information that has been misplaced.
The Regulations may:
prescribe:
the amount of an application or processing fee; or
(ii) the rate, formula or other method to be used to calculate an application or processing fee; or
(b) for paragraph (a), prescribe different amounts, rates, formulae or other methods in respect of different government information or different classes of government information or different public sector organisations or different classes of public sector organisations; or
provide for the estimation of application or processing fees; or
(ca) provide for the payment and refund of deposits for processing fees; or
(d) provide for the recovery of unpaid application or processing fees; or
(e) prescribe the amount of a fee in respect of the making of a complaint.
(5) A fee charged under this section is payable by the applicant or the complainant, as appropriate.
(6) A public sector organisation or the Commissioner may waive or reduce a fee payable under this section if, having regard to:
(a) the circumstances of the application or the complaint, including any impecuniosity or indigence of the applicant or the complainant; and
the objects of this Act,
the organisation or the Commissioner considers a waiver or reduction appropriate.
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