Thank you for your response, an intriguing response, that both clarifies and further mystifies the assessment of ‘impecuniosity’. Nonetheless, as you say this is a matter for legislation. It is however somewhat reassuring to know that I can in fact appeal your office and that I may get assistance in resolving the subjectivity of impecuniosity via your good offices.
I does now seem that as a pensioner – with bona fides as such with the Council as a ratepayer with ‘pensioner benefits’ – I’m likely to be able to deem/declare my own impecuniosity.
Thank you again for your advice.
Regards,
Ray
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On 3/11/2015 9:28 am, "Ombudsman (OHCC)" <Ombudsman@ombudsman.tas.gov.au> wrote:
Dear Ray,
I refer to our telephone conversation on 26 October 2015 and your query on the meaning of “impecunious.”
The Right to Information Act 2009 requires that all applications must be accompanied by a fee (see section 16). Each application stands on its own and each application requires its own separate fee to be paid.
The fee can be waived if the applicant can satisfy the Department or Public Authority that they are “impecunious”. This must be done on each and every application submitted.
Because the applicant is the person seeking the waiver, the onus is on the applicant to satisfy the agency to whom they are applying that they are impecunious. I note that your concern is that the word impecunious is vague and subject to interpretation. It is however, the wording the legislation requires be applied. Concerns as to the wording of the legislation itself is not something that can be dealt with by this office as it is a matter for Parliament.
The legislation does not set out the criteria for what constitutes being impecunious. There is no list I can point you to. I note, however, that you stated that you are on a pension. I can confirm that previous decisions of this Ombudsman as well as interstate decisions have found that being the recipient of a pension satisfies the requirement of impecuniosity. I also refer you to page 17 of the Manual and the decision in Stott and Forestry Tasmania, where the Ombudsman accepted that the applicant was impecunious on that basis.
Unfortunately, I cannot comment on the specifics of your case. In the event that the Council make a decision that you are unhappy with, you have the power to seek review to this office. Commenting on the facts of your case prior to any such application would be premature particularly given the need for the Ombudsman to remain neutral in circumstances where such a review is requested.
Regards
Jemma Dibley
Senior Investigation and Review Officer
Right to Information
, Ground Floor, 99 Bathurst St, (GPO Box 960) Hobart 7000
( 1800 001 170
: www.ombudsman.tas.gov.au <http://www.ombudsman.tas.gov.au/>
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