Application of section 36 RTI Act

Agencies must consider whether a processing charge or access charge is payable for an access application and, if so, give the applicant a charges estimate notice (CEN) before the end of the processing period.

A CEN is a written estimate of how much the processing of an access application is likely to cost, including any access charges.

Section 18(1) of the RTI Act extends the processing period. This extension begins when a CEN is issued and ends when:

• the applicant accepts the CEN or, if they narrow their application, when they accept the second CEN; or
• the agency or Minister gives the applicant prescribed written notice they have decided to waive the processing or access charges.

There is also a prescribed period which begins when an agency issues a CEN. This is the time that an applicant has to respond to a CEN. It begins when the agency issues the CEN and ends when the applicant accepts the CEN or narrow the CEN. If they narrow it, a second prescribed period begins when the second CEN is issued and ends when the applicant accepts the second CEN.

For guidance on the CEN process and relevant timeframes refer to Charges estimate notices and Timeframes under the RTI Act.