ABW and Department of Transport

ABW and Queensland Transport
(210526, 8 August 2008)

Section 35B Requirement to pay application fee

The applicant sought access to all transactions or dealings relating to a boat and boat trailer which he had sold. 

Applying the principles in Stewart and Department of Transport (1993) 1 QAR 227, Acting Assistant Commissioner Jefferies found that: 

·      an application fee was payable if the applicant sought access to one document that did not concern his personal affairs

·      asthe applicant no longer owns the boat and boat trailer and no longer has financial obligations in respect of these items, they did not concern his personal affairs

·      (having examined two documents responding to the freedom of information application) at least one document to which the applicant sought access did not concern his personal affairs

·      under sub-sections (1) and (2) of section 35B of the FOI Act the applicant was required to pay an application fee to have the FOI Application processed

·      Queensland Transport was correct in requiring payment of an application fee in respect of the FOI Application.