Hutchison and Department of Education, Training and the Arts

Application number:
210110
Decision date:
Wednesday, Feb 28, 2007

Hutchison and Department of Education, Training and the Arts
(210110, 28 February 2007)

Fees – personal affairs – section 20 of the Acts Interpretation Act 1954 (Qld) – accrued rights and liabilities

The applicant claimed that the application fee was not payable under section 35B of the Freedom of Information Act 1992 (Qld) (FOI Act) and regulation 3 of the Freedom of Information Regulation 1992 (Qld) (FOI Regulation) in relation to his freedom of information application as the documents sought by the applicant involved his personal affairs.

Assistant Commissioner Henry applied Stewart and Department of Transport (1993) 1 QAR 227 which determined that an applicant need only seek one document that does not concern the personal affairs of the applicant for the application fee to be applicable and provides a detailed consideration of what constitutes personal affairs under the FOI Act, particularly in the employment context.  After considering documents supplied by the Department of Education, Training and the Arts (Department), AC Henry found that there was at least one document that did not concern the applicant’s personal affairs and affirmed the internal review decision of the Department that the application fee was payable.

It was then necessary to determine what application fee was payable as regulation 3 of the FOI Regulation was amended after the applicant’s initial freedom of information application, but before the applicant applied for external review, resulting in a fee increase.  In applying Woodyatt and Minister for Correctional Services (1995) 2 QAR 383 and section 20 of the Acts Interpretation Act 1954 (Qld), AC Henry determined that the pre-amended application fee was payable as the amendment to regulation 3 of the FOI Regulation did not alter an accrued right or liability to pay the lower, pre-amended fee.