Mathews and The University of Queensland
(210417, 21 August 2008)
Section 35B Fees and charges for access to documents not concerning personal affairs
The issue for determination in this review was whether an application fee was payable in the circumstances.
In determining this issue, it was necessary to consider whether reference to a website address and specific URL in a document was matter concerning the applicant’s personal affairs.
Assistant Commissioner Henry determined that:
· in the circumstances, the content of the document (including the website address and specific URL) was not matter concerning the applicant’s personal affairs
· where an agency is aware that there are no documents responsive to an application, the agency is not entitled to require that an application fee be paid.
As the applicant only sought documents containing some personal affairs matter and there were no responsive documents to the application, no application fee was payable.