GIPA Processing charge - Waiver / Reduction of fee & Decision

[pinkforest]

GIPA distinguishes between processing charge, application fee etc.

The site should not set people to fail when the agencies try to pull the trick misleading with the GIPA fee

There is a specific provision for 50% reduction when it is for the public interest.

And given agency essentially publishes the information via RTK the applicant should be entitled to full waiver

This is something they must decide pursuant to s. 51A GIPA Act

s. 66 Discounted processing charge—special public benefit

        (1)  An applicant is entitled to a 50% reduction in a processing charge imposed by an agency if the agency is satisfied that the information applied for is of special benefit to the public generally.
        Note—
        The discount applies only to the processing charge, not the application fee. If a 50% reduction in processing charge applies, the application fee will pay for the first 2 hours of processing time (not just the first hour). See section 64.
        A decision to refuse to reduce a processing charge is reviewable under Part 5.

        (2)  If the information applied for was not publicly available at the time the application was received but the agency makes the information publicly available either before or within 3 working days after providing access to the applicant, the applicant is entitled to a full waiver of the processing charge imposed by the agency.

        (3)  The Information Commissioner may, for the assistance of agencies, publish guidelines about reductions in processing charges under this section.

Generally NSW agencies seem to be trying to charge 30$ regardless blanket without considering waiver / reduction.

They forget s. 51A among the fee reduction and waiver obligations

s. 51A Effect of waiver, reduction or refund of application fee

    (1)  An agency is not to treat an application as being an invalid access application only because of the non-payment of the required application fee if—

        (a)  the payment of the fee was waived by the agency before the application was made, or

        (b)  the amount of the fee payable was reduced by the agency before the application was made and the reduced fee accompanied the application.

    Note—
    Section 127 enables an agency to waive, reduce or refund a fee payable or paid under this Act for an application fee in any case that the agency thinks appropriate, subject to the regulations.

    (2)  If an agency waives payment of the required application fee, or reduces the amount of the fee that is payable, after the application is made (and the application would have been valid had the required application fee been paid)—

        (a)  in the case of a waived fee—the application becomes a valid access application and is deemed to have been made when the fee was waived, or

        (b)  in the case of a reduced fee—the application becomes a valid access application when the reduced fee is paid and is deemed to have been made when the payment is made.

    (3)  The refund of an application fee does not affect the validity of an access application that was duly made.