Freedom of information

An application must comply with the requirements of Section 12 of the FOI Act as follows:

• Be in writing (we prefer if you use our application form)
• Give enough information to enable the requested documents to be identified.
• Give an address in Australia to which notices under the Act can be sent.
• Give any other information or details required under the regulations.
• Be lodged at an office with any application fee payable under the regulations (see Step 3: Fees and charges).

TIP: If you ask for all documents on a particular subject, it is likely you will be asked to narrow the scope of your application to reduce the work involved in dealing with it. Be specific on what information you are seeking relating to a specific topic, this will ensure we conduct the appropriate searches to find the right documents for you.

Personal versus Non-Personal applications

There are two types of applications that can be made using the Freedom of Information process;

1. Personal applications and;
2. Non-Personal applications.

Determining if your application is Personal or Non-Personal

Personal applications: Documents relating to yourself (e.g. driver's licence record, address history, details of employment) or you can request amendment of your personal record.

An applicant seeking access to personal information about him/herself must also provide documentary proof to establish their identity before the information will be released (e.g. a passport or drivers licence).

No FOI application fee applies for access to personal information or amendment of personal information about yourself (e.g. drivers licence details, address history, details of employment etc.), but proof of identity must be supplied.

Non-Personal applications: Documents that are not about yourself (e.g. details relating to motor vehicles including transfer papers, policy documents, briefing notes etc).

An applicant seeking access to non-personal information is required to pay the FOI application fee (see Step 3: Fees and charges).

Note: If your application is on behalf of a third party or an Organisation, you must provide written authorisation as evidence to act on their behalf.

What type of documents can be provided?

You can request access to copies of documents including by way of hard copies, audio, maps and plans, photographs and electronic records including emails.

Where the agency is unable to grant access to documents in the form requested, access may be given in a different form. You must specify what access you require on the application form.

What will a Notice of Decision contain?

We will provide a Notice of Decision which will contain the following information:

• the date of the decision;
• the name of the decision maker;
• full details of the decision to either give or deny access;
• any reasons for deleting exempt matter and claiming exemptions including the applicable clause in the Act that relates to that exemption;
• if deferring access, state the reasons why the matter is being deferred;
• rights of review and procedures to be followed.

How long will the Freedom of Information application take to process?

The Freedom of Information Act 1992 requires an agency to deal with an access application as soon as possible; and in any event, within:

• 45 days after the access application is received; or
• Such other period as is agreed between the agency and the access applicant; or
• Such other period as is allowed by the Information Commissioner.

Although it is not a requirement to use the Freedom of Information application form to submit your access application; this is our preferred method. The Freedom of Information application form can be found below. You may also obtain a paper copy of the form from any of our offices, or by contacting the FOI Coordinator (please see Step 4 below).

Fees and charges

Fees and charges fall into the following categories:

Fees

• Personal applications: no application fee required.
• Non-Personal applications: require an application fee to be paid when the application is lodged.

Charges

Processing fees which include decision-making, any consultation (with third parties), preparing a notice of decision and if necessary photocopying. A fee per hour may be charged for staff time taken to deal with each application. In addition a charge for photocopying may be charged.

Actual costs to the Department for postage, special arrangements for access and for specialised access such as reproductions may also be charged.

Note: You will be notified if there are any additional charges to be included.

There is a 25% reduction of charges for financially disadvantaged applicants, or those in receipt of Health Benefits. The 25% reduction does NOT apply to the application fee.

When you are ready to submit your application (ensuring that you have included supporting documentation as required and payment if required), it can be submitted through the below points of contact.

Information and advice on the FOI process is also available by contacting us using the below details.