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The objectives of these Regulations are to provide for—
the making of charges of amounts; and
the fixing of rates—
for and in relation to access to documents and the provision of copies or transcripts of documents under the Freedom of Information Act 1982.
These Regulations are made under sections 22(1A) and 66 of the Freedom of Information Act 1982.
These Regulations come into operation on 1 June 2025.
The Freedom of Information (Access Charges) Regulations 2014[1] are revoked.
In these Regulations—
agency includes a Minister;
the Act means the Freedom of Information Act 1982.
An applicant who has made a request in accordance with section 17 of the Act is liable to pay a charge set out in or calculated in accordance with Schedule 1.
Note
This charge is in addition to the fee payable under section 17(2A) of the Act.
This regulation applies if—
access to a document to which a request relates may be provided in more than one form; and
the applicant has not requested access to the document in a particular form; and
the charge calculated in accordance with these Regulations for access to the document in the form given by the agency exceeds the charge calculated in accordance with these Regulations for access to the document in another form in which access could reasonably have been given.
The charge payable by the applicant is to be calculated in accordance with these Regulations for access to the document in the form that could have been given for the lowest reasonable cost.
For the purposes of section 22(3) of the Act, the prescribed greater amount is $70.
For the purposes of section 22(4) of the Act, the deposit the applicant will be required to pay is—
if the amount of the charge does not exceed $100—$25; or
if the amount of the charge exceeds
$100—50% of the charge.
Schedule 1
Regulation 6
Item No. | Service charged for | Charge |
|---|---|---|
1. | Charge for search time If the request relates to a document other than a document to which a charge under item 7 applies—a charge in respect of the search time. | 1·5 fee units per hour or part of an hour. |
2. | Charge for supervision If access to the document to which the request relates is given— (a) in the form of an opportunity to inspect the document under the supervision of an officer; or (b) in the case of a document that is an article or thing from which sound or visual images are capable of being produced—in the form of arrangements for the applicant to hear or view those sounds or visual images under the supervision of an officer— a charge in respect of the supervision time. | 1·5 fee units per hour (to be calculated per quarter hour or part of a quarter hour). |
3. | Charge for providing black and white A4 photocopy If access to the document to which the request relates is given in the form of provision of a hard copy black and white A4 photocopy of the document—a charge in respect of providing the photocopy to the applicant. | 20 cents per A4 page. |
4. | Charge for providing copy of document other than black and white A4 photocopy If access to the document to which the request relates is given in the form of provision of a copy of the document (other than a hard copy black and white A4 photocopy)—a charge in respect of providing the copy to the applicant. | The reasonable costs incurred by the agency in providing the copy. |
5. | Charge for arrangements to hear or view sound or visual image If— (a) the request relates to a document which is an article or thing from which sounds or visual images are capable of being produced; and (b) access is given in the form of arrangements to hear or view those sounds or visual images— a charge in respect of the arrangements to hear or view those sounds or visual images in addition to a charge in respect of the supervision time under item 2. | The reasonable costs incurred by the agency in making the arrangements. |
6. | Charge for providing written transcript If— (a) the request relates to a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form; and (b) access is given in the form of the provision of a written transcript (with or without deletions) of the words recorded or contained in the document— a charge in respect of providing the written transcript. | The reasonable costs incurred by the agency in providing the written transcript. |
7. | Charge for providing written document If the request is in respect of information that is not available in discrete form in documents of the agency and the agency produces a written document by— | The reasonable costs incurred by the agency in providing the written document. |
(a) using a computer or other equipment that is ordinarily available to the agency for retrieving or collating stored information; or (b) making a transcript from a sound recording held in the agency— a charge in respect of providing the written document. Note See section 19 of the Act. | ||
8. | Charge for costs of agency providing explanation of health information If— (a) the request is in respect of a document containing health information; and (b) the form of access given includes an explanation of the health information by the agency (being a suitably qualified health service provider)— a charge in relation to providing the explanation. | The reasonable costs incurred by the agency in providing the explanation calculated by reference to the time taken to provide the explanation, not exceeding the lesser of— (a) 1·9 fee units per quarter hour (or part of a quarter hour); or (b) 6 fee units. |
9. | Charge for costs of suitably qualified health service provider (not being the agency) providing explanation of health information If— (a) the request is in respect of a document containing health information; and (b) the form of access given includes an explanation of the health information by a suitably qualified health service provider (not being the agency)— a charge in relation to providing the explanation. | The usual fee of the suitably qualified health service provider for a consultation of a comparable duration. |
10. | Charge for providing summary of health information If— (a) the request is in respect of a document containing health information; and (b) access is given by providing an accurate summary of the health information; and (c) that summary does not exist before the request is made— a charge in relation to providing the summary. | The reasonable costs incurred by the agency in preparing the summary calculated by reference to the time taken to prepare the summary, not exceeding the lesser of— (a) 1·9 fee units per quarter hour (or part of a quarter hour) spent in preparing the summary; or (b) 6 fee units. |
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