Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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What kind of information does the government hold about me?
- Information that the government may hold about you includes:
- school records;
- health records;
- financial records;
- criminal records;
- driving offences; and
- a wide range of other personal information.
- The government may also hold information connected with your business such as trade secrets.
- Trade secrets means information about your business which is generally unknown and which gives you an advantage over your competitors.
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Can I obtain information from private companies and organisations?
- No. The freedom of information laws only apply to information held by the government.
- Private companies and organisations are not required to publicly disclose any information which they may hold under the freedom of information laws.
- For more information about the obligations and responsibilities of private companies and organisations see our Privacy topic.
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What are exempt documents?
- There are two types of exemption from the freedom of information laws.
- Some information is completely exempt and the department or Minister can refuse to release it. This includes documents:
- which may affect national security, defence or international relations;
- relating to the enforcement of law and protection of public safety;
- which are privileged under secrecy provisions in other legislation;
- that are subject to legal professional privilege;
- that would disclose material obtained in confidence;
- where disclosure of their contents would be in contempt of Parliament or in contempt of court;
- disclosing trade secrets or commercially valuable information (such as information which you own that gives you an advantage over your competitors so long as that information remains generally unknown);
- protected by parliamentary privilege (such as Cabinet documents); and
- relating to electoral rolls and the electrical rolls themselves as they contain other people’s private information. You are only entitled to access your own electoral records.
- Some other categories of information are conditionally exempt under the freedom of information laws. This includes documents relating to:
- Commonwealth-State relations;
- information being used by a department or agency to make a decision about an issue;
- the Commonwealth's financial and property interests;
- certain operations of agencies (such as audits, examinations and personnel management);
- personal privacy;
- business affairs;
- research (by CSIRO or the Australian National University); and
- Australia’s economy.
- Conditionally exempt documents will not be released if it their disclosure is assessed as being against the public interest.
- Where a document contains both exempt and non-exempt information the decision maker should consider whether the document can be released with the exempt information edited out.
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How can I access my information?
- Try to find the information you need from the government department or agency that holds that information.
- The information may be available on their website, from a local library or you could call them and ask to access the information.
- You or your lawyer may lodge a freedom of information request if none of these steps work.
- Steps for lodging a freedom of information request are set out in our Freedom of Information Overview.
- Our LegalPlan™ membership will allow you to ask lawyers to handle your matter for a Fixed Fee Quote.
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How can I change my information?
- If the information which is held about you is incorrect you can contact the relevant government department or agency that holds your information and ask them to change it for you.
- If this does not work you can seek an amendment through a formal freedom of information request.
- Some government departments and agencies have freedom of information forms on their websites that you can download and fill in for the purpose of amending or accessing information.
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How do I make a FOI application?
- Some government departments and agencies have freedom of information forms on their website that you can download or fill in.
- You or your lawyer may also make a request in writing by:
- providing your contact details and return address;
- giving as much detail about the information as you know so that it can be found more easily; and
- stating that you are making a formal request under your state or territory or the Commonwealth’s freedom of information laws.
- You can use our free and anonymous Ask a Lawyer service if you have a particular issue you want to know more about.
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What can I expect once I make the FOI application?
- The government department or agency will acknowledge their receipt of your application.
- This will usually be done in writing within 14 days.
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How long do I have to wait to get the information?
- The standard waiting period to get access to information is up to 30 days.
- This period may be extended if:
- the information sought is voluminous or complex; or
- the agency or department needs to contact a third party that might be affected by your request.
- The department or agency may seek your consent to extend the waiting period if the information sought is too complex to process within the expected time frame.
- It can take an additional 30 days to get the information you are after if the department or agency needs to contact a third party who will be affected by your freedom of information request.
- The waiting period may also be shortened. This depends on the government department or agency involved.
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Are there any fees and charges?
- There are generally no fees charged by government departments or agencies for access to the information that they hold but there may be processing costs.
- Processing costs include photocopying and search costs.
- You will be advised of any applicable fees when you make an application to the relevant government department or agency.
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Can I make a complaint if I am denied access to information?
- Yes. A government department or agency must tell you in writing their reasons for denying you access to information.
- You may seek an internal review from the agency or department where you lodged your FOI request if you are unhappy with their decision or you are unhappy with the way your application was handled.
- Grounds for seeking an internal review would include situations where you did not get a response within the legal timeframe or you were charged unnecessary fees.
- In some states and territories you are required to request an internal review before you can ask for an external review.
- If you do not feel that the internal review has resolved your complaint you may seek an external review from a relevant body. This may be an Information Commissioner, Ombudsman or a Civil and Administrative Tribunal. Our Freedom of Information Overview sets out contact information for the relevant bodies in each state and territory and for the Commonwealth.
- You can use our Phone a Lawyer service for a preliminary legal consultation if you think you may need legal advice.
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Can I stop a third party from accessing personal or business information?
- Yes. If someone else asks for information about you the government department or agency should ask you whether you consent to its release.
- If you refuse your consent the person making the application will be told that the information cannot be released due to the personal information exemption.
- If you instruct a lawyer or other third party to make an FOI application on your behalf you will need to sign an authority before the government department or agency will release your information to them.
- If you are concerned about certain information about you being misused you may write to a government department or agency that holds personal or business information about you and inform them that you do not want that information to be released to certain people or to the general public.
- You may make a complaint to a relevant body if you feel that your personal information has been mishandled.
- The relevant body may be an Information Commissioner, an Ombudsman or a Civil and Administrative Tribunal. Our Freedom of Information Overview sets out contact information for the relevant bodies in each state and territory and for the Commonwealth.
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View more Information on Freedom of Information