Western Australian Current Acts

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16 .         Charge for access, calculation of etc.

        (1)         Any charge that is, in accordance with the regulations, required to be paid by an applicant before access to a document is given, must be calculated by an agency in accordance with the following principles or, where those principles require, must be waived —

            (a)         a charge must only cover the time that would be spent by the agency in conducting a routine search for the document to which access is requested, and must not cover additional time, if any, spent by the agency in searching for a document that was lost or misplaced; and

            (b)         the charge in relation to time made under paragraph (a) must be fixed on an hourly rate basis; and

            (c)         a charge may be made for the identifiable cost incurred in supervising the inspection by the applicant of the matter to which access is granted; and

            (d)         no charge may be made for providing an applicant with access to personal information about the applicant; and

            (e)         a charge may be made for the reasonable costs incurred by an agency in supplying copies of documents, in making arrangements for viewing documents or in providing a written transcript of the words recorded or contained in documents; and

            (f)         a charge must not be made for producing for inspection a document referred to in section 94 or 95; and

            (g)         a charge must be waived or be reduced if the applicant is impecunious; and

            (h)         a charge must not exceed such amount as may be prescribed by regulation from time to time.

        (2)         Subject to section 18, payment of a charge will not be required before the time at which the agency has notified the applicant of the decision to grant access to a document.

        [Section 16 amended: No. 57 of 1997 s. 62(1).]

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