Overview of section 67 RTI Act

Section summary

A non-profit organisation may apply to the Information Commissioner for financial hardship status. The Information Commissioner may decide whether to grant such status by considering the nature and size of the organisation's funding base and the amount of liquid funds available.

Background

Under the FOI Act (repealed), the Information Commissioner did not have power to grant financial hardship status; rather section 35A and 35C required an agency or Minister to waive the processing or access charge if it considered the applicant was 'in financial hardship'. Under section 35A(1), whether a non-profit organisation was 'in financial hardship' depended on the nature and size of the organisation's funding base and the comparative amount of the original charge.

Other relevant RTI/IP Act sections

Section 66(2)(b) RTI Act
This section requires an agency or Minister to waive processing or access charges for applications from of a non-profit organisation with financial hardship status.

Chapter 3, part 6 RTI Act
Chapter 3, part 6 of the RTI Act deals with the charging regime for applications under the RTI Act. Specifically, division 3 of that part deals with waiver of processing or access charges.

Section 191 RTI Act
Section 191 of the RTI Act provides the content requirements for a written notice of a decision.

Schedule 6 RTI Act
This schedule defines 'non-profit organisation' for the purposes of the RTI Act, as 'an organisation that is not carried on for the profit or gain of its individual members'.

Last updated: March 16, 2012