Byers and Department of Health

Application number:
2004 F0110
Decision date:
Thursday, May 13, 2004

Byers and Queensland Health (Department of Health)
(2004 F0110, 13 May 2004) 

Payment of fees and charges 

Assistant Commissioner Moss was satisfied that, as some of the documents to which the applicant sought access contained no information that could properly be characterised as concerning the applicant's personal affairs, the applicant was required to pay, under s.29 of the FOI Act and s.6 of the FOI Regulation, a $33.50 application fee in respect of her FOI access application.  AC Moss also found that the applicant was required to pay, under s.29(2) of the FOI Act and s.8(1) of the FOI Regulation, $6.40 in photocopying charges in respect of the 32 pages that contained no information that could properly be characterised as concerning the applicant's personal affairs. 

AC Moss found that the applicant was not entitled to a waiver of the application fee or photocopying charges under s.29(3) of the FOI Act and s.10(2) of the FOI Regulation because the applicant did not hold a concession card as defined in s.10(5) of the FOI Regulation.  AC Moss was not satisfied that, even if it were to be accepted that s.29B(2) of the FOI Act reserves a general discretion to agencies to waive or reduce photocopying charges, there was a sufficient public interest to justify doing so in this case.