Overview

The government and its departments and agencies collect and hold personal and financial information on individuals and businesses. This information is used for such things as:

• policy development,
• the provision of public services,
• the administration of public benefits (such as Centrelink and Medicare benefits) and
• regulation of businesses.

In this digital age where so many activities are done online the amount and availability of information on individuals and businesses is continually growing. There is a need for this information to be managed correctly.

Information collected about you should be:

• used for public purposes only;
• easily accessible by you as the owner of the information;
• able to be easily changed if incorrect. 

Easier access to information also makes the government more accountable and gives the public a say in government decision making.

The Commonwealth and each state and territory must comply with freedom of information (FOI) laws that set out the right of individuals and businesses to access information relating to them.  Most government departments and agencies are required to release information in response to an FOI request unless there is an overriding reason not to do so. The FOI laws also set out the types of documents that are not available for public access (exempt documents).

The FOI laws are designed to:

• encourage government departments and agencies to provide information and to be more transparent in their activities;
• give individuals and businesses a right to access information held about them;
• give individuals and businesses a right to amend information held about them
• give individuals and businesses a right to appeal if they are denied access to information.

Please note that FOI laws only allow access to information held by the government. The law does not allow you to access information held by private businesses and organisations. Private entities including companies are governed by privacy legislation. Please see our Legal Guide on Privacy.

Some government-held information is not publicly accessible because it would not be in the public interest to make it available. This includes:

• personal information about someone else;
• information on trade secrets or information that has commercial value;
• certain Cabinet documents;
• confidential information provided to the government or held by the government. This includes matters of national security. Intelligence agencies which deal with this type of information may be totally exempt from complying with FOI laws.

Our Legal Guide on Freedom of Information gives members of the public information on how to access information which a government department or agency holds about them.

Please select below from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.

How a lawyer can help?

In many cases it may be possible to access the information you need from the relevant government website. You may also be able to contact the government department or agency that holds the specific information you are after. You can do this yourself or a lawyer can help you find out who to contact. You may also instruct a lawyer to write a letter that clearly identifies the information you need.

You may want a lawyer's help to lodge a formal FOI application if the department is not complying with your request.

A lawyer can also help you make an appeal or complaint if:

• the government department or agency has breached the requirements of FOI laws;
  • This includes a failure to supply the information you need in the timeframe specified under your state or territory's FOI law.
• a government department or agency has breached the privacy provisions under FOI laws;
  • This includes a release of your personal information to a third party against your instructions.
• you are unhappy with a decision of a government department or agency which has refused to give you access to information you require.