Shaw and Department of Natural Resources and Mines

Shaw and Department of Natural Resources and Mines

(2005 F0300, 28 July 2005)

Payment of an application fee

The applicant sought review of the respondent's decision to charge him an application fee in connection with his FOI access application to the respondent dated 20 April 2005.  The applicant argued that the respondent should exercise its discretion to waive payment of the application fee, or alternatively, that he should not have to pay the application fee because he was in financial hardship. 

Assistant Commissioner Moss decided that the applicant was required to pay the application fee because agencies have no discretion under the FOI Act to waive payment of the prescribed application fee, and the question as to whether a particular applicant suffers "financial hardship" as defined in the FOI Regulation has no relevance to whether or not an application fee is payable.