Requests for document(s) held by Commonwealth government departments and agencies can be made under the Freedom of Information Act 1982 (Cth) (“FOI Act (Cth)”).

Your request in writing should be addressed to the FOI Officer of the Commonwealth agency from which you are seeking access to documents.

Documents which are exempt under the FOI Act (Cth) include:

• Exemptions of certain persons and bodies (section 7)
• Documents national security, defence and international relations. (section 33)
• Documents affecting relations with the states (section 33A)
• Cabinet Documents (section 34)
• Executive Council Documents (section 35)
• Internal Working Documents (section 36)
• Documents affecting the enforcement of law and protection of public safety (section 37)
• Documents to which secrecy provisions of enactments apply (section 38)
• Documents affecting financial or property investments of the Commonwealth (section 39)
• Documents concerning certain operations of agencies (section 40)
• Documents affecting personal privacy (section 41)
• Documents subject to legal professional privilege (section 42)
• Documents relating to business affairs etc. (section 43)
• Documents relating to research (section 43A)
• Documents affecting national economy (section 44)
• Documents affecting material obtained in confidence (section 45)
• Documents disclosure of which if released would be contempt of parliament or contempt of court (section 46)
• Certain Documents arising out of companies and securities legislation (section 47)
• Electoral rolls and related documents (section 47A))

Your request in writing should:

1. include your name and address, and the date;
2. be addressed to the Freedom of Information (FOI) Officer of the agency from which you are seeking access, or the Minister as the case requires;
3. be headed 'Request for Access to Document(s) under the Freedom Of Information Act 1982’;
4. provide such information concerning the document as is reasonably necessary to identify the document. You should outline the specific document(s) and/or class(es) of documents, and specify the form of access that you seek. (That is, it is okay to seek particular documents that you know exist and also to seek documents which may exist within a described class, e.g. 'The EPA Investigation Report concerning the discharge to stormwater of emoleum in Sludge Street, Suburbia, on 13 March 2000, and any other documents relating to that spill, including any clean-up measures');
5. enclose your cheque for the $30 application fee; and
6. sign the application personally (i.e. as yourself).

Within 14 days of receiving your request an Agency should take steps to notify you in writing that the request has been received; (see section 15 of the FOI Act (Cth).

The agency has 30 days to make a decision and notify you whether or not they will grant access to the information. (see section 15 of the FOI Act (Cth)).

The agency may claim that certain documents are “exempt” from disclosure under the FOI Act (Cth), exempt documents include;

• Exemptions of certain persons and bodies (section 7)
• Documents national security, defence and international relations. (section 33)
• Documents affecting relations with the states (section 33A)
• Cabinet Documents (section 34)
• Executive Council Documents (section 35)
• Internal Working Documents (section 36)
• Documents affecting the enforcement of law and protection of public safety (section 37)
• Documents to which secrecy provisions of enactments apply (section 38)
• Documents affecting financial or property investments of the Commonwealth (section 39)
• Documents concerning certain operations of agencies (section 40)
• Documents affecting personal privacy (section 41)
• Documents subject to legal professional privilege (section 42)
• Documents relating to business affairs etc. (section 43)
• Documents relating to research (section 43A)
• Documents affecting national economy (section 44)
• Documents affecting material obtained in confidence (section 45)
• Documents disclosure of which if released would be contempt of parliament or contempt of court (section 46)
• Certain Documents arising out of companies and securities legislation (section 47)
• Electoral rolls and related documents (section 47A) Some Commonwealth agencies are not subject to FOI at all ([[http://www.austlii.edu.au/au/legis/cth/consol_act/foia1982222/s7.html|section 7 of the FOI Act (Cth)). These include agencies concerned with national security (for a full list of these exempted agencies see Schedule 2 of the FOI Act (Cth)).

Some of the fees and charges payable include;

The fee accompanying a request for access is $30. This waived if the request surrounds an amendment or annotation request. It is also not applicable for income support documents (unless the documents have been supplied in the last 3 months and have not since been modified)

The fee for internal review (including denied amendment or annotation requests) is $40. No decision making charges apply in internal review, but all other charges. Eg inspection and photocopying apply.

The fee for review of a decision in the Administrative Appeals Tribunal (AAT) is now $682. The categories of applicants eligible for exemption of the application fee are:

• those receiving legal aid for your application;
• those holding a health care card, a pensioner concession card, a Commonwealth seniors health card or any other card that certifies entitlement to Commonwealth health concessions;
• those in prison or lawfully detained in a public institution;
• those under 18 years of age; or
• those receiving youth allowance, austudy or ABSTUDY.

Should an agency refuse your request for information, an application for internal review must be made within 30 days of the agency’s notification of refusal (section 54(1A) of the FOI Act (Cth)). An appeal against the outcome of an internal review must be made to the Federal Administrative Appeals Tribunal (AAT) within 60 days of the agency’s original notification of refusal (section 55(4) FOI Act (Cth)). Should the application for internal review still be pending after 30 days and the applicant has not been informed of the result, they may appeal to the AAT anyway. (section 55(3) FOI Act (Cth))

If an agency has refused access, an application for internal review must be made to the agency within 30 days of the agency’s notification of refusal (section 54(1A) FOI Act (Cth)) An appeal against the outcome of an internal review must be made to the Federal Administrative Appeals Tribunal (AAT) within 60 days of the agency’s original notification of refusal (s. 55(4) FOI Act (Cth)). If, after you have lodged an application with the agency for internal review, 30 days has lapsed and you have not been informed of the result of the review, you may appeal to the AAT anyway (section 55(3) FOI Act (Cth))

• Freedom of Information Act 1982 (Cth) on Austlii

• The Australian Government

• Freedom of Information Victoria homepage

• The Administrative Appeals Tribunal