Australian Capital Territory Current Acts

FREEDOM OF INFORMATION ACT 2016 - SECT 107

    (1)     A person making an access application to an agency or Minister may apply to the agency or Minister for waiver of a fee associated with the application.

    (2)     The agency or Minister must waive the fee if—

        (a)     the information that is the subject of the request was previously publicly available but is no longer publicly available; or

        (b)     the information that is the subject of the request is of special benefit to the public; or

Note     The ombudsman may make guidelines about circumstances in which information may be of special benefit to the public generally (see s 66).

        (c)     the applicant is a concession card holder and demonstrates a material connection with the information requested; or

        (d)     the applicant is a not-for-profit organisation and the application relates to the activities or purposes of the organisation; or

        (e)     the applicant is a member of the Legislative Assembly.

    (3)     Also, the agency or Minister must waive or refund the fee if—

        (a)     the fee is for providing information; and

        (b)     the information was not publicly available when the application was made; and

        (c)     the agency makes the information publicly available before or within 3 working days after giving it to the applicant.

    (4)     In this section:

"concession card "means any of the following cards:

        (a)     a current health care card issued under the Social Security Act 1991

(Cwlth);

        (b)     a current pensioner concession card issued under the Social Security Act 1991

(Cwlth);

        (c)     a current pensioner concession card issued in relation to a pension under the Veterans' Entitlements Act 1986

(Cwlth) or the Military Rehabilitation and Compensation Act 2004

(Cwlth);

        (d)     a current gold card;

        (e)     a card prescribed by regulation.

"gold card" means a card known as the ‘Repatriation Health Card–For All Conditions' that evidences a person's eligibility, under the Veterans' Entitlements Act 1986

(Cwlth) or the Military Rehabilitation and Compensation Act 2004

(Cwlth), to be provided with treatment for all injuries or diseases.