Information Regulations 2003

These Regulations may be cited as the Information

Regulations 2003.

These Regulations come into operation on the commencement of the

Information Act 2002.

In these Regulations:

actual cost, of any service or materials specified in the Schedule, means the actual cost incurred by a public sector organisation in providing the service or materials.

non-personal information, for an application, means government information that is not the applicant's personal information.

personal information, for an application, means government information that is the applicant's personal information.

prescribed PSO means a public sector organisation, other than a Government Business Division, a local government council, or a higher education institution as defined in the Higher

Education Act 2004.

secondary storage, of information, means storage provided for or on behalf of a public sector organisation by an organisation that is not a public sector organisation.

Subject to subregulation (2), a public sector organisation may charge the following application fees:

for an application relating to personal information - nil;

for an application relating to non-personal information - $30;

for an application relating to personal and non-personal information - $30.

A prescribed PSO may not charge an application fee as mentioned in subregulation (1) if:

the application is made by a member of the Legislative Assembly; and

the application is for access to government information in a report brought into existence by a public sector employee or a consultant to a public sector organisation; and

the report describes an event or situation arising from an investigation, inquiry or observation.

Subject to subregulation (1A), a public sector organisation may charge a processing fee equal to the total cost of the services and materials specified in the Schedule that are provided in response to an application.

A prescribed PSO may not charge a processing fee as mentioned in subregulation (1) if:

the application is made by a member of the Legislative Assembly; and

the application is for access to government information in a report brought into existence by a public sector employee or a consultant to a public sector organisation; and

the report describes an event or situation arising from an investigation, inquiry or observation.

The cost of a service or any materials provided is the amount, or is calculated at the rate, specified in the Schedule opposite the service or materials.

A public sector organisation must if requested, and may otherwise, give an applicant a written estimate of the processing fee for the application.

The notice is to state the following:

the amount of the estimate;

how that amount was calculated;

the applicant may consult with a specified officer or employee of the public sector organisation with a view to amending the application to reduce the processing fee;

the applicant may seek a re-calculation of the amount of the estimate on the ground that it has been incorrectly calculated;

the applicant may seek a waiver or reduction of the processing fee;

the amount of the deposit (if any) the applicant is required to pay for the processing fee;

within 30 days after being given the estimate, the applicant must notify the organisation in writing that:

the applicant agrees to pay the processing fee; or

the applicant withdraws the application; or

the applicant seeks to have the amount of the estimate re-calculated or the processing fee waived or reduced and the grounds for seeking the re-calculation, waiver or reduction;

if the applicant does not notify the organisation in accordance with paragraph (g), the application will be treated as having been withdrawn.

If the applicant does not notify the public sector organisation in accordance with subregulation (2)(g), the application is taken to have been withdrawn.

The 30-day period referred to in section 19 of the Act does not include the period commencing on the day on which the public sector organisation gives the applicant a written estimate in accordance with regulation 7 and ending on the day on which the first of the following events occurs:

the applicant pays the processing fee or the deposit (if any) for the processing fee;

if the applicant does not pay the processing fee and is not required to pay a deposit - the applicant agrees to pay the processing fee;

if the organisation waives the processing fee - the organisation gives the applicant notice that the processing fee has been waived.

A public sector organisation may require an applicant to pay a deposit for a processing fee of:

if the processing fee is estimated to be $100 or less - $25; or

if the processing fee is estimated to be more than $100 - 50% of the estimate.

If the processing fee is less than the deposit paid for the fee, the public sector organisation must refund the balance of the deposit to the applicant.

If a public sector organisation gives an applicant a written estimate in accordance with regulation 7 of the processing fee for an application, the organisation must not charge more than the estimate for processing the application.

If the processing fee paid by an applicant exceeds the total cost of the services and materials specified in the Schedule that are provided in response to the application, the public sector organisation must refund the difference to the applicant.

Schedule

regulation 6