Announcement of a review of Freedom of Information charges (7 October 2011)

Statement from Professor John McMillan, Australian Information Commissioner

“The Government has asked me to review the fees and charges regime under the Freedom of Information Act 1982. The role that fees and charges play in the operation of freedom of information is an important and lively topic that I am confident the community will want to contribute to. I will be organising agency and public consultations in the near future.”

TERMS OF REFERENCE FOR REVIEW OF CHARGES UNDER THE Freedom of Information Act 1982

Review by the Australian Information Commissioner

I, Brendan O’Connor, Minister for Privacy and Freedom of Information, request the Australian Information Commissioner to review the charges regime under the Freedom of Information Act 1982 (FOI Act), including considering the following matters:

1. the role of fees and charges in FOI
2. the impact on applicants and agencies of the current charging regime
3. options for change to the fees and charges regime;
4. whether the decision to impose charges, or the nature or level of charges imposed, should vary according to the nature of the request or the applicant; and
5. any other related matter.

The review should be undertaken in consultation with users of FOI and other stakeholders, Australian Government agencies and the Information Advisory Committee (when appointed).  The review should have regard to

1. the objects of the FOI Act
2. the costs to  agencies in processing FOI request
3. practices in other Australian and international jurisdictions.

The report should be provided by 31 January 2012. 

[Authority: section 8(f) of the Australian Information Commissioner Act 2010]