7.5 Freedom of Information

The Freedom of Information Act 1992 (PDF, 117 KB) (FOI Act) gives members of the community a legally enforceable right to access documents held by Ministers, State Government departments, local governments, most semi-government agencies and statutory bodies (collectively called 'agencies').

The FOI Act also defines 'agency' to mean a department, local authority or public authority, and to include a body which forms part of the agency or which exists mainly for the purpose of enabling the agency to perform its functions. A 'public authority' is widely defined as:

• a body (whether incorporated or not) that is established for a public purpose by an enactment or is established by government for a public purpose under an enactment;
• a body (whether incorporated or not) that is created by the Governor in Council or a Minister;
• a body that is supported directly or indirectly by government funds or other assistance or over which government is in a position to exercise control; or
• a body established by or under an enactment that is declared by regulation to be a public authority for the purposes of the FOI Act.

The FOI Act has three main aims:

• access;
• availability; and
• amendment.

Access

Every person has a general right of access to documents held by Government agencies, subject only to specific exemptions necessary to protect public and private interests (for example, matters communicated in confidence). Members of the public also have a right of appeal if the agency does not grant access to the requested documents.

Availability

Government agencies are required to publish an annual Statement of Affairs. It must contain information about their structure and functions, public participation through Boards, councils or committees, types of documents held by the agency and how to access these.

Amendment

Members of the public can apply to have information about themselves amended if they believe it is inaccurate, incomplete, out of date or misleading.

Documents

'Documents' and 'documents of an agency' have a very wide definition in terms of the FOI Act. A document is considered to be something that furnishes information and includes files, working papers, jottings, minutes of meetings, work diaries, post-it notes, computer printouts, maps, films, photographs, tapes, video recordings, electronically recorded data etc. Drafts and copies of documents are also included. 'Document of an agency' means a document in the possession or control of an agency, irrespective of its source, content or relevance to the agency's functions. Apart from documents on official (or unofficial) files, the definition may include documents held outside the agency, for example at a Board member's home.

The FOI Act gives the right to access documents no matter how old the documents are.

Applications and decisions

An agency has 14 days to notify the applicant in writing that their application has been received. If the documents sought were created before 19 November 1987 and do not concern the personal affairs of the applicant, the agency has 60 days to process the application. In all other cases the agency only has 45 days.

A further 15 days is provided if any third party consultations are required. Additional time is also given to an agency if certain consultations are required with the applicant.

A $31 application fee is payable if at least one document sought by the applicant does not concern their personal affairs. Process, inspection and copy charges are payable regarding non-personal documents only. Charges will be waived if financial hardship is established or if the time taken to process the application and provide inspection is less than two hours.

If an applicant (or consulted third party) is dissatisfied with the decision regarding access made by the agency they may apply for an internal review of that decision. Internal review applications must be made within 28 days of receipt of the original decision. The internal reviewer has 14 days from receipt of the application in which to make a decision.

If an applicant is dissatisfied with the internal review decision or the original decision made by the principal officer, he/she may apply for an external review of that decision within 60 days (or 28 days in the case of consulted parties). External reviews are conducted by the Information Commissioner who is an independent body responsible for reviewing decisions under the FOI Act. An external review may also be requested if an agency has failed to make a decision within the time limits prescribed in the Act. There is no charge for internal and external reviews.

Each Government Board should have a designated officer responsible for handling FOI requests.

Last reviewed: 17 July, 2009

Last updated: 22 July, 2009

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