What is the Freedom of Information act?
The Commonwealth Freedom of Information Act 1982 (FOI Act) gives you the right to request access to government-held information, subject to certain exceptions.
This includes information they hold about you or about government policies and decisions.
The Office of the Australian Information Commissioner or OAIC is the independent national regulator for privacy and freedom of information.
Who can make a Freedom of Information request?
- Any person has the right to apply for access including a person who does not reside in Australia or is not an Australian citizen
- Section 15 of the FOI Act lays down a procedure a person must follow to obtain access
What does FOI cover?
- allows you to request access to documents held by Australian Government ministers and most agencies
- allows you to request that ministers or agencies amend or annotate any information they hold about you
- establishes an information publication scheme requiring agencies to publish online details about their functions and structure
- allows agencies and ministers to release documents that would be exempt under the FOI Act, unless prevented by a secrecy requirement in another law
If ...
then ...
because of ...
a document is an exempt document under Division 2 (exemptions) or under paragraph (b) or (c) of the definition of exempt document ins 4(1) (s 7 or an official document of a minister that contains some matter not relating to agency affairs)
no access to the document is required
s 11A(4)
a document is a conditionally exempt document under Division 3 (public interest conditional exemptions)
access to the document is permissible, unless it would be contrary to the public interest
s 11A(5) (see alsos 11B public interest factors)
a document is an exempt document as mentioned in item 1, and also a conditionally exempt document under Division 3
access to the document is not required to be given
ss 11A(4), 11A(6), and32 (interpretation)
access to a document is refused because it contains exempt matter, and the exempt matter can be deleted
(a) an edited copy deleting the exempt matter must be prepared (if reasonably practicable); and (b) access to the edited copy must be given
s 22
a document is an exempt document because of any provision of this Act
access to the document is permissible apart from under this Act
s 3A (objects – information or documents otherwise accessible)
