New South Wales Consolidated Acts

GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 - SECT 64

64 Processing charge for dealing with access application

(1) An agency may impose a charge (a
"processing charge" ) for dealing with an access application at a rate of $30 per hour for each hour of processing time for the application.

Note--: The decision to impose a processing charge is reviewable under Part 5.

(2) The
"processing time" for an application is the total amount of time that is necessary to be spent by any officer of the agency in--

(a) dealing efficiently with the application (including consideration of the application, searching for records, consultation, decision-making and any other function exercised in connection with deciding the application), or

(b) providing access in response to the application (based on the lowest reasonable estimate of the time that will need to be spent in providing that access).

(3) The application fee of $30 paid by an applicant counts as a payment towards any processing charge payable by the applicant.

(4) Access to government information granted in response to an access application may be made conditional on payment of any processing charge imposed for dealing with the application.

(5) A processing charge must not be discounted under section 65 or 66 by more than 50% even if both sections apply.