ORGANISATIONS
FOI For Organisations
The TRANSPARENCY WARRIOR provides a highly professional and completely confidential FOI service to businesses and not-for-profits.
Business can benefit from access to Government information. But often there will be reluctance in doing so, particularly if the business is a customer of government or subject to its policies, regulations or oversight.
The TRANSPARENCY WARRIOR can make an application on behalf of a business (ensuring the identify of the business remains confidential), helping to make sure the right information is requested, the maximum information is returned and the time frame to get the information is minimised. Businesses are only charged for the assistance they receive up to the point where they are satisfied with the information that have have been granted access to, or they decide to abandon further FOI fighting (sometime this may occur on the advice of the TRANSPARENCY WARRIOR).
Charges are very reasonable and certainly less than for lawyers, who may otherwise have less experience or success in the FOI domain.
In some circumstances FOI results may be deserving of media attention. The TRANSPARENCY WARRIOR has significant experience in engaging media, should the client require this.
The FOI Process Explained
The FOI process is different for each jurisdiction; Federal and State/Territory. The charges vary, the review stages vary, the time frames vary and exemptions vary. However, the general sequence is similar as per the diagram.
Original Decision
After consultation with the client an application is made that clearly identifies the information being sought and properly limits the scope to something that will minimise Government charges and the decision response time. Processes are in place to ensure statutory time frames are complied with.
Consultation will take place with the client after the original decision is received to determine if the request meets the client’s expectations and/or redactions comply with the relevant FOI law, and whether review rights should be exercised.
Internal Reviews
In some jurisdictions internal reviews can be bypassed. In these circumstances advice will be given on a best course of action.
Where deemed necessary an internal review can be requested. Short submissions on the clients concerns regarding the original decision will be tendered in conjunction with an internal review request.
Again, consultation will take place with the client after the internal review decision is made to determine if the request meets the client’s expectations and/or redactions comply with the relevant FOI law, and whether further review rights should be exercised.
Information Commissioner/Ombudsman Reviews
(1st Tier Independent Review)
In some jurisdictions internal reviews can be bypassed. In these circumstances advice will be given on a best course of action.
Where deemed necessary an internal review can be requested. Short submissions on the clients concerns regarding the original decision will be tendered in conjunction with an internal review request.
Again, consultation will take place with the client after the internal review decision is made to determine if the request meets the client’s expectations and/or redactions comply with the relevant FOI law, and whether further review rights should be exercised.
Tribunal Reviews
(2nd Tier Independent Review)
Where deemed necessary a second tier independent Tribunal review can be requested. At the appropriate time in the review, in consultation with the client, submissions will be made. It is also likely that a hearing will be conducted.
Consultation will take place with the client after the independent review decision is made to determine if the request meets the client’s expectations and/or redactions comply with the relevant FOI law, and whether further review rights should be exercised.
Judicial Reviews
Judicial Review of a Tribunal decision can be initiated in certain circumstances. Should this be pursued, assistance will be given to identify experienced lawyers and barristers with the relevant experience to assist in such proceedings.
The FOI Process
Pricing
Costs for the TRANSPARENCY WARRIOR’s assistance varies at each stage, but are designed to be affordable. At each stage an assessment is made in conjunction with the organisations on whether there is value in continuing the process.
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Original Application $300
Plus charges imposed by the Government which may include a small application fee and/or charges for requests for a large number of documents.
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Internal Review $300*
Plus charges imposed by Government which may include a small application fee. The client may agree that submissions are necessary at this stage, which will involve additional charges.
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Information Commissioner Review $1250
Depending on the natureend complexity of the review, additional charges may be necessary. Where internal review submissions have been developed, the cost may be reduced.
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Tribunal Appeals - Submissions $1750*
Plus charges imposed by Government - the current AAT application fee (which may be returned is the appeal is successful) is $1011. State fees are lower. Depending on the nature and complexity of the review, costs may be higher.
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Tribunal - Appearance $1750/day
Some appearances are half days, some are full days and some are two days.
* Prices are indicative and depend on the scope and complexity of the matter.