How to...?

FREEDOM OF INFORMATION

The FOI Process

1. Making an application

Apply in writing to the agency concerned. In most agencies there is a person nominated as the FOI Coordinator who will assist you. No special forms are required – a letter will do.

Identify or describe the documents concerned, or if you apply for amendment of personal information about yourself you must provide details to show how or why the agency’s records are inaccurate, incomplete, out of date or misleading; If you ask for “everything” on a particular subject, the agency may help you narrow the scope of your application to ensure that the work involved is reasonable. Otherwise an agency may refuse to deal with your application.

Give an address in Australia where notices can be sent. If possible, include your telephone number/fax number/email address as this will help the agency to contact you if necessary, to assist in your application being dealt with efficiently.

Pay an application fee of A$30 if the documents contain non-personal information. No fee is payable for access to personal information about yourself.

2. Review of Agencies Decisions

Internal review

If you disagree with a decision made by an agency, you can ask for that decision to be reviewed by someone else in the agency. You can ask for an internal review when -

The agency refuses to deal with your application.

You have been refused access to some or all of the documents requested.

You have only been given access to parts of a document and you want to see the parts that are deleted.

The agency has decided to give access but has deferred giving you access.

The agency has decided that medical or psychiatric information about you will only be given to you through a nominated medical practitioner.

The agency charges too much for access or if the charges seem unreasonable.

You are a third party mentioned in the documents but have not been consulted;
or you have been consulted but disagree with a decision to release the documents to the
applicant. (See separate brochure on 'Third parties and Their Rights')

The agency does not agree to amend your personal information; or make a notation or
attachment to the document in a form that satisfies you.

	You must apply within 30 days of receiving the notice of decision from the agency. The principal officer of the agency may allow you to lodge your application after the 30 days has elapsed.
	Another officer who is not subordinate to the person who made the original decision, will conduct the review. Within 15 days the agency will advise you in writing of the outcome of the review, as well as your right to lodge a complaint with the Information Commissioner for an External Review of the agency’s decision.

External Review

After internal review, if you still disagree with the agency’s decision, you can lodge a complaint with the Information Commissioner. If you make a complaint to the Information Commissioner, the complaint must -

Be in writing and include your address.

Give particulars of the decision to be reviewed including details of the part, or parts, of the decision you want the Commissioner to review.

Include a copy of the notice of decision sent to you by the agency - this is the written notice of decision provided to you following the agency's internal review.

3. How much does it cost?

No fees or charges apply for personal information or amendment of personal information about yourself (e.g. your medical records; details of employment etc).

Applications for other documents (i.e. which are non-personal in nature) require a $30 application fee to be paid when the application is lodged, and there may be other charges imposed by the agency as follows:

$30 per hour of staff time or pro rata for part of an hour for dealing with an application.
(Agencies cannot charge for locating the documents within the scope of your request.)

$30 per hour (or pro rata for part of an hour) for supervision by staff when access is given
to view documents; or the time taken by staff to prepare a transcript from a tape or make
photocopies.

20 cents per photocopy.

Actual cost incurred by the agency for preparing a copy of a tape, film or computerised
information, or arranging delivery, packaging and postage of documents.

There are no application fees or charges for internal or external reviews.

Estimate of charges

You can ask the agency for an estimate of charges when lodging an application. If the charges are likely to exceed $25 the agency must give you an estimate of charges and ask whether you want to proceed with the application. You must notify the agency (within 30 days) of your intention to proceed. In some instances the agency may request an advance deposit. If you are financially disadvantaged advise the agency as a 25% reduction of charges may apply.