Week 3 OBUDSMAN & FOI

FREEDOM OF INFORMATION

Outline of the Commonwealth FOI Act

Guide to the Freedom of Information Act 1982 (2011):

- An equal right of access to government documents. A FOI applicant is not required to

explain their reasons for seeking access, or demonstrate a need for or interest in a
document.
- A legal right. A government agency or minister has no residual discretion to deny access to
documents upon request, and can do so only if a document is exempt from disclosure under
the FOI Act.
- A person who is denied access can appeal against the decision to an independent
tribunal. The tribunal undertakes merit review and can make a fresh determination that is
binding on the minister or agency.
- At all stages of the process, the agency or minister bears the onus of establishing that
their decision is justified.
- Agencies must publish information that explains their role and work, such as their
decision-making powers, organisational structure, categories of documents, FOI procedures,
and policies and guidelines that affect members of the public.
- An agency or minister may grant access, including to exempt documents, unless
prevented in doing so by a secrecy provision in another statute.

Principles supplemented by reforms in 2010:

1. The Office of the Australian Information Commissioner (OAIC) was established, with the
responsibility for freedom of information, privacy protection and information policy advice.
2. A new Information Publication Scheme was established, requiring publication of
extended categories of government information.
3. Tighter controls were placed on FOI processing to make it easier for people to make FOI
requests, to reduce FOI charges and to lessen delay in FOI decision-making.
4. The presumption of openness and maximum disclosure was reflected more strongly in a
new objects clause and a new public interest balancing test that applies to many
exemptions.

Summary of Key features of the FOI Act

Scope of Application
Government Agencies subject to the FOI Act
Ministers
Government contractors
Documents
Request under the FOI act
Who can make an FOI request?
How to make a request
Time frame for dealing with request
Granting a request for access
Deferring access
Refusing a request for access
Charges
Protection when access to documents is given
Exemptions
Amendment or annotation of personal information
Review
Vexatious applications
The information Publication Scheme