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Freedom of information

Frequently asked questions for the public

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Find answers to frequently asked questions (FAQs) about the process for requesting access to documents and review rights under the Freedom of Information Act 1982 (the FOI Act). The information provided in these FAQs is of a general nature. It is not a substitute for legal advice.

For more information, please see the FOI fact sheets or contact our enquiries line on 1300 363 992.

 

Questions

Information held by government

Accessing your personal information

Amending your personal information

How to make an FOI request

Making an FOI request – charges

Receiving the decision

Internal review

Review by the Information Commissioner

Review by the Administrative Appeals Tribunal

Answers

Information held by government

What sort of information does government hold?

Much of the information that government holds is personal information about individuals or businesses. Other government information relates more broadly to government policy and programs. Government agencies use the information for a range of purposes, including policy development, delivery of public programs, administration of benefits, financial expenditure, international relations and regulation of business.

For full details see FOI Fact Sheet 3 — What information does the government hold?

What information do agencies and ministers have to publish on their websites?

You may not need to make an FOI request to get the information you want. Some agencies display the 'Access to information' icon on their homepage which directs users to published agency information:

Access to information icon

The agency may also display the Information Publication Scheme and FOI Disclosure Log icons on their website (see below for more information).

Information Publication Scheme (IPS)

Agencies are required to publish a range of information on their websites under the IPS, including their structure, functions, appointments, annual reports, consultation arrangements, and details of the agency's FOI contact officer. The homepage of an agency's website may also have a direct link to information published under the IPS – look out for the IPS icon:

Information publication scheme icon

For full details see FOI Fact Sheet 4 — The Information Publication Scheme for Australian Government agencies.

Disclosure log

All agencies and ministers must also have a disclosure log on their website, which lists information that has been released in response to requests for access to documents under the FOI Act (commonly known as an 'FOI access request').

Generally you can access an agency's or minister's disclosure log through the 'FOI disclosure log' icon on their website (commonly on the home page):

Freedom of information disclosure log icon

Data.gov.au

Agencies also often make datasets available for public use and re-use, including on http://data.gov.au/. If particular information is not published on a website, agencies will often give out information on request outside the formal FOI Act process.

What is a disclosure log?

A disclosure log is a public record that each agency and minister keeps which lists all the documents they have released in response to FOI access requests. For full details, see FOI Fact Sheet 14 — Disclosure logs.

Can I ask an agency or minister to compile information for me?

The right of access is to existing documents, rather than to information. The FOI Act does not require an agency or minister to create a new document in response to a request for access. The definition of ‘document' is broad and includes both paper based and electronic records.

What information may not be available to me under the FOI Act?

You have a right of access under the FOI Act to a document held by government unless:

  • the document is held by or originated with an agency that is exempt

  • the document is exempt or is conditionally exempt and it would be contrary to the public interest to release it

  • another legislative scheme gives a right of access to the document, subject to a fee or charge (such as a land title register), or an agency arrangement allows the public to purchase the document.

For more information, see FOI Fact Sheet 3 — What information does the government hold? and FOI Fact Sheet 8 — Exemptions.

If you would like to apply for older government records that are available under the Archives Act 1983, you need to apply to the National Archives of Australia. For more information, including when records become available under the Archives Act, see www.naa.gov.au.

What is exempt information?

Some information held by government is exempt from disclosure. Exemptions apply to documents or parts of documents:

  • affecting national security, defence or international relations

  • that are Cabinet documents

  • affecting enforcement of law and protection of public safety

  • to which secrecy provisions of enactments apply

  • subject to legal professional privilege

  • containing material obtained in confidence

  • disclosure of which would be contempt of Parliament or contempt of court

  • disclosing trade secrets or commercially valuable information

  • including electoral rolls and related documents.

For full details see FOI Fact Sheet 8 — Exemptions.

What are conditionally exempt documents?

Conditionally exempt documents are documents that are exempt from release if disclosure would be contrary to the public interest. Conditional exemptions apply to documents or parts of documents relating to:

  • Commonwealth-State relations

  • deliberative processes relating to agencies' or ministers' functions

  • the Commonwealth's financial or property interests

  • certain operations of agencies, such as audits and examinations

  • personal privacy

  • business

  • research (by CSIRO or the Australian National University)

  • the economy.

For full details on conditional exemptions and the public interest test see FOI Fact Sheet 8 — Exemptions.

Accessing your personal information

What is 'personal information'?

Personal information is information that identifies you or could identify you. Your name and address are obvious examples. In some cases, your date of birth and post code may be enough to identify you. Personal information can also include medical records, bank account details, photographs, videos, and even information about your opinions and where you work – basically, any information where you are reasonably identifiable.

For full details see FOI Fact Sheet 5 — Your personal information.

How can I access the information government holds about me?

Many agencies have arrangements in place to give you information they hold about you if you ask. You can also make an access request under the FOI Act, and the agency or minister must follow the formal processes set out in the Act. For more information, see FOI Fact Sheet 5 — Your personal information.

How do I apply under the Privacy Act?

Information Privacy Principle 6 (IPP 6) of the Privacy Act 1988 (Cth) requires an agency or minister to give you access to your personal information, except when a law provides otherwise. You need to write to the agency that holds your personal information and request access under IPP 6. If you disagree with the agency's decision, you can complain to the OAIC. For information about making a privacy complaint, see www.privacy.gov.au/complaints.

Can I get personal information about someone else?

Yes, if you have authority to act on that person's behalf. The agency will let you know what proof they require.

Otherwise, if your request covers documents that contain another person's personal or business information, the agency or minister may be required to consult that person before deciding to release the document. For full details, see FOI Fact Sheet 5 — Your personal information and FOI Fact Sheet 11 — Your rights if information about you or your business is requested.

Amending your personal information

Can I get my personal information corrected when it's wrong?

Yes. The FOI Act gives you the right to ask for your personal information to be amended if you have been given access to it and you believe the information is incomplete, incorrect, out of date or misleading. For information about what is required, see 'How to make an FOI request' below and FOI Fact Sheet 5 — Your personal information.

What if I disagree with the agency's decision not to correct my information?

If you disagree with an agency's FOI decision not to amend a document, or to amend a document in a different way from the way you requested, you can ask the agency to review its decision. You can also ask the agency or the minister to annotate the information (that is, to add to the document a statement or file note that reflects your disagreement).

You also have the right to ask the Information Commissioner to review the agency's or minister's decision under the FOI Act. For more information, see 'Internal review' or 'Review by the Information Commissioner' below and FOI Fact Sheet 12 — Your review rights.

If you disagree with a decision about amending information under the Privacy Act, you can complain to the Privacy Commissioner. For information about making a privacy complaint, see www.privacy.gov.au/complaints.

How to make an FOI request

Who can make an FOI request?

Every person has a legally enforceable right to request access to documents under the FOI Act. This includes companies and other organisations. You do not have to be an Australian citizen or be in Australia to make a request.

How do I make an FOI request?

To make an FOI request you must:

  • make the request in writing (many agencies have forms on their websites)

  • state that it is an application for the purposes of the FOI Act

  • provide information about the document(s) you want, to help the agency or minister identify them

  • give details about how notices can be sent to you (this can include an email address)

  • send your request to the agency or minister by either posting it or delivering to the address specified in the telephone directory, or sending it to the email or fax address.

You do not need to give any reasons why you want the information.

The agency will assist you to make a request that meets the requirements of the FOI Act. For full details see FOI Fact Sheet 6 — How to apply and FOI Fact Sheet 9 — What you can expect from government agencies.

Can an agency or minister refuse to process my FOI request?

Yes. An agency or minister may refuse your FOI request if the work involved in processing it would substantially and unreasonably divert the agency's resources, or substantially and unreasonably interfere with the minister's functions. Your request can also be refused if the agency or minister cannot identify the documents that would meet your request.

If an agency or minister intends to refuse your request for one of these reasons, they must contact you first to discuss your request. You may be asked to provide more information or to refine your request. For further details see FOI Fact Sheet 9 — What you can expect from government agencies.

What happens after I make an FOI request?

The agency or minister must notify you within 14 days that they have received your request. If your request does not comply with the legal requirements for some reason, they will help you make an application that does.

The agency or minister's office may also consult you about refining your request if it is complex and large, and they could not process it without spending an unreasonable amount of time or resources.

If the agency does not have documents you are seeking but knows that another agency or minister is likely to have them, your request may be transferred to that other agency or minister. You will be notified if this happens. For full details see FOI Fact Sheet 6 — How to apply.

If I can get access to documents outside the FOI Act can I apply under the FOI Act as well?

You should contact the agency first to find out if you can access the information without going through the formal FOI Act process. The information you are seeking may already be available on the agency's website, through its disclosure log, information publication scheme or another administrative scheme. The FOI Act is not intended to be used where documents are publicly available.

What if the documents I requested contain exempt material?

If an agency or minister decides not to give you a document because it is exempt, they must explain their reasons in the notice of decision they give you. If exempt information can be deleted from part of a document, they will give you an edited copy. For full details see FOI Fact Sheet 8 — Exemptions.

Making an FOI request – charges

Is there an application fee for making an FOI request?

No. There is no fee for making an FOI request to an agency or minister for access to a document, or for amending your personal record.

Are there any charges for processing an FOI request?

Yes. The main charges are:

  • search and retrieval – $15 per hour

  • decision making – $20 per hour

  • photocopy – 10c per page.

The first five hours of decision making time are free for all applicants. There is no charge for requests for personal information. For full details of all charges see FOI Fact Sheet 7 — Charges.

Is there any charge for access to my personal information?

No. There isn't any charge if you are seeking access to a document that contains your own personal information. 'Personal' only includes information about you, and not a third party's personal information or unrelated agency policy or program information contained in the same record. For full details see FOI Fact Sheet 7 — Charges and FOI Fact Sheet 5 — Your personal information.

Can I ask for the charge to be reduced or waived?

Yes. You can ask for a charge to be reduced or waived when you make your FOI access request, or later when you are notified of the charge. For full details, including the factors an agency or minister will take into account when deciding whether to reduce a charge, see FOI Fact Sheet 7 — Charges.

What do I need to provide when asking for a charge to be reduced or waived?

You must explain or provide evidence to support your claim. The agency or minister may take into account a range of factors, including whether the charge would cause you financial hardship or whether giving access to the requested documents is in the public interest. For full details see FOI Fact Sheet 7 — Charges.

Will a charge always be reduced or waived if I ask?

No. An agency or minister is not obliged to waive or reduce a charge, even if they accept your reasons. For full details see FOI Fact Sheet 7 — Charges.

When will I be notified of a charge?

The agency or minister must send you a notice setting out an estimate and the basis for their calculation. Before they process your request, the agency or minister can require you to pay a deposit of 25% of the total estimate, or $20 if the estimate is less than $100. For full details see FOI Fact Sheet 7 — Charges.

What if I disagree with the charge?

If you dispute the estimated charge or ask for it to be waived or reduced, the agency or minister must notify you of its decision within 30 days. You may choose to change your request to reduce the number of documents you are seeking and ask the agency or minister to provide a revised estimate of charges. For more information see FOI Fact Sheet 12 — Your review rights and FOI Fact Sheet 7 — Charges.

When should I pay?

If an agency or minister requires a deposit from you, you must pay it within 30 days or a further period they allow. They can defer work on your FOI request until the deposit is paid (or the agency or minister decides to waive the charge). You must pay the rest of the charge before the agency or minister releases any documents to you. For full details see FOI Fact Sheet 7 — Charges.

How much do I need to pay up front?

You can pay the full amount of the estimated charge up front but often the agency will only require a deposit. You must generally pay any charge in full before you can have access to any documents. For full details see FOI Fact Sheet 7 — Charges.

Is the deposit refundable?

No, except in three circumstances:

  • if the agency or minister decides to reduce or waive a charge following your request

  • if the agency or minister, after processing your FOI request, decides that the charge payable is less than the deposit you have paid (in which case you will receive a partial refund)

  • if the agency or minister does not make a decision on your request within the time limit.

If you paid a deposit and the agency or minister decides not to grant you access to any document, you are not entitled to a refund of the deposit. For full details see FOI Fact Sheet 7 — Charges.

Can I get an invoice for the charge?

Yes, you can ask the agency to issue an invoice. For full details see FOI Fact Sheet 7 — Charges.

Can an agency increase the initial estimate of charges that I agreed to pay?

An agency or minister can only require you to pay a higher charge if:

  • more work was involved than the agency or minister had anticipated and

  • the agency or minister gives you full access to all the documents you sought.

The agency or minister may let you know in advance that the final charge is likely to be higher than the estimated charge. For full details see FOI Fact Sheet 7 — Charges.

Receiving the decision

How long will it take to receive a decision?

Generally the agency or minister must take all reasonable steps to notify you of their decision within 30 days of receiving your request. This can be extended for various reasons. For further information see FOI Fact Sheet 16 — Extensions of time.

Could it take more than 30 days?

Yes. The time to make the decision can be extended:

  • to allow the agency to consult a third party

  • if you agree in writing

  • if your request is particularly complex or too large

  • to discuss with you the charges for processing your request, or when you have not paid the notified charge.

For details about extending the timeframe see FOI Fact Sheet 16 — Extensions of time.

What information will I get with the decision?

If an agency or minister decides not to give you access to a document you have asked for or to defer giving you access, they must notify you in writing. This notice must include:

  • the name and designation of the person making the decision

  • a statement of reasons for the decision and the facts used in making that decision

  • the public interest factors that were taken into account if the decision concerned a conditionally exempt document

  • information about your rights to have the decision reviewed.

For more information see FOI Fact Sheet 9 — What you can expect from government agencies.

What happens if no decision is made within time?

If a decision is not made within the required timeframe, your request is deemed to have been refused. You then have the right to ask for a review. For more information, see 'Review by the Information Commissioner' below.

The agency or minister can ask the Information Commissioner for a one-off extension of time after the timeframe has passed (for example, if they have nearly finished processing the request). You will still have the right to have the decision reviewed. For information about the review process see FOI Fact Sheet 12 — Your review rights.

When will the documents I requested be given to me?

Documents will only be given to you after you have paid any outstanding charges and all opportunities a third party has to seek review have run out.

You can also agree with an agency or minister to release documents progressively outside the time limits in the FOI Act (known as a 'staged release'). This may be appropriate for large requests.

When will the documents be published on a disclosure log?

Agencies and ministers must publish information in a disclosure log on their website within ten working days of the applicant being given access. They can publish the information on the same day that access is given but the Information Commissioner recommends that agencies and ministers discuss and agree on the date of publication with FOI applicants.

How will the documents I requested be given to me?

An agency or minister may give you access to a document by:

  • giving you a copy of the document

  • giving you an opportunity to inspect the document

  • allowing you to hear or see the document (if it is made up of sounds or visual images)

  • giving you a written transcript if the document is recorded words.

You have the right to ask for access to documents in a particular form, such as in an electronic format rather than in photocopies. For more information see FOI Fact Sheet 9 — What you can expect from government agencies.

Will the decision tell me why information has been deleted from documents?

Yes. The decision will tell you the grounds for the deletions. If the reason for the deletion was to remove exempt material, the decision should explain the nature of the exemption (for example, the document contained sensitive national security information). For more information see FOI Fact Sheet 8 — Exemptions.

What can I do if I disagree with the agency or minister's decision?

You can ask for the decision to be reviewed by the agency (this is called internal review) or by the Australian Information Commissioner. Generally it is better to apply for internal review first as this may give a more rapid resolution of your concerns. If you are still dissatisfied with the agency's decision after internal review you can apply for Information Commissioner review. See 'Review by the Information Commissioner' below and FOI Fact Sheet 12 — Your review rights.

Is a review the same as a complaint?

No. The Information Commissioner also investigates complaints about agency actions under the FOI Act. Complaints are about how an agency handled an FOI request rather than the decision they came to. Sometimes a matter will be treated as a complaint when a review would not be practical or would not address your concerns (for example, if you were not consulted about a document that contains your personal information before it was released).

If you are complaining that an agency's decision is wrong, the Information Commissioner will treat it as an application for review.

For more information, see 'Complaints to the Information Commissioner' and FOI Fact Sheet 13 — How to make a complaint.

What decisions can I ask to be reviewed?

You can ask for review of:

  • decisions not allowing you access to documents you requested or in the form you want them

  • decisions imposing a charge and in respect to the amount of the charge imposed

  • decisions refusing to change or annotate documents about you which you think are incomplete, incorrect, out of date or misleading

  • decisions letting others see documents which you claim would unreasonably disclose your personal information; your business or professional affairs; or the business, commercial or financial affairs of your firm

  • decisions to give access to documents about your physical or mental health through a qualified person rather than directly to you.

For full details see FOI Fact Sheet 12 — Your review rights.

Internal review

How and when can I apply for internal review?

If an agency makes an FOI decision that you disagree with, you can ask the agency to review its decision. You must apply within 30 days of being notified of the decision, unless the agency extended the application time. You should contact the agency if you wish to seek an extension. Internal review is not available if a minister or the chief officer of the agency made the decision personally. For full details see FOI Fact Sheet 12 — Your review rights.

Is there a fee for applying for an internal review?

No. There is no application fee.

Can I go straight to the Information Commissioner?

Yes. You may apply directly to the Information Commissioner without first asking for internal review. However, the internal review process gives the agency the opportunity to reconsider its initial decision, and you may get what you need more quickly than in an external review process. For full details see FOI Fact Sheet 12 — Your review rights.

Review by the Information Commissioner

How do I apply?

You must apply in writing and you can lodge your application in one of the following ways:

online: by using our merits review form

post: GPO Box 5218, Sydney NSW 2001

fax: +61 2 9284 9666

email: enquiries@oaic.gov.au

In person:

Level 3, 175 Pitt Street

Sydney NSW 2000

Your application must include a copy of the notice of the decision that you disagree with (if one was provided), and your contact details. You should also set out why you disagree with the decision. For full details see FOI Fact Sheet 12 — Your review rights.

If you need help we can assist you. Contact us on 1300 363 992.

Is there a fee for applying for an Information Commissioner review?

No. There is no application fee.

When do I have to apply?

The table below sets out the decisions you can apply to have reviewed and when you must apply to the Information Commissioner.

Reviewable decisions and time limits

If you are objecting to ...

You must apply to the Information Commissioner ...

a decision to refuse access to documents

within 60 days of being given notice of the decision

a charge

within 60 days of being given notice of the charge decision

a refusal to amend a document

within 60 days of being given notice of the decision

a decision to grant access to another person

within 30 days of being notified of that decision

You can ask the Information Commissioner for an extension of time to apply, and this may be granted if the Information Commissioner considers it is reasonable in the circumstances. For full details see FOI Fact Sheet 12 — Your review rights.

Can the Information Commissioner decide not to review a decision?

Yes. The Information Commissioner may decide not to carry out a review if the application is frivolous or lacking in substance, or if you fail to cooperate with the process or cannot be contacted after reasonable attempts. You cannot appeal against that decision.

The Information Commissioner may also decide that it would be better for the Administrative Appeals Tribunal (AAT) to review the matter, and if so, will advise you of how to apply to the AAT. For full details see FOI Fact Sheet 12 — Your review rights and 'Review by the Administrative Appeals Tribunal'.

Who will conduct the review?

Staff of the Information Commissioner will conduct the review. Only the Information Commissioner, the FOI Commissioner or the Privacy Commissioner can make a decision at the end of the review. For full details see FOI Fact Sheet 12 — Your review rights.

Can I withdraw my application?

Yes. An application can be withdrawn at any time before the Information Commissioner makes a decision. For full details see FOI Fact Sheet 12 — Your review rights.

What happens in the review process?

The review process is designed to be as informal as possible. The Information Commissioner may contact you or any of the other parties to clarify matters and seek more information. The Information Commissioner may also ask the agency or minister to provide reasons for their decision if the reasons given were inadequate. For full details see FOI Fact Sheet 12 — Your review rights.

Do I need to come in person?

Most reviews will be made on the basis of the submissions and papers provided by the parties. Sometimes the Information Commissioner may decide to hold a hearing if one of the parties asks for one. Parties may participate in a hearing by telephone. If confidential matters are raised, the hearing may be held partly or wholly in private. For full details see FOI Fact Sheet 12 — Your review rights.

Will there be other parties to the review?

There may be. The Information Commissioner can join other parties who are affected by the application. For example, if you are objecting to someone else being granted access to information that concerns you, that person may be joined in the review. For full details see FOI Fact Sheet 12 — Your review rights.

Can someone else represent me?

Yes, including a lawyer. However, the Information Commissioner prefers the process to be as informal and cost-effective as possible and does not encourage legal representation. For full details see FOI Fact Sheet 12 — Your review rights.

Will the Information Commissioner look at all documents, including ones that are claimed to be exempt?

Yes. The Information Commissioner's review is a fresh decision, so all the relevant material must be examined, including documents that the agency or minister has declined to release. For full details see FOI Fact Sheet 12 — Your review rights.

What powers does the Information Commissioner have?

While the review process is designed to be informal, the Information Commissioner has the power to require anyone to produce information or documents, to compel anyone to attend to answer questions and to take an oath or affirmation that their answers will be true.

An agency or minister can also be ordered to undertake further searches for documents. For full details see FOI Fact Sheet 12 — Your review rights.

What decisions can the Information Commissioner make?

After reviewing a decision, the Information Commissioner must do one of three things:

  • set the decision aside and make a fresh decision

  • affirm the decision, or

  • vary the decision.

The Information Commissioner will give reasons for the decision. For full details see FOI Fact Sheet 12 — Your review rights.

If the Information Commissioner decides that I should get other documents or parts of documents, who will give them to me?

The Information Commissioner cannot give you any documents. If the Information Commissioner decides that more information must be disclosed, the agency or minister must comply with that decision and will give you the documents.

Will the decision be made public?

Yes. The Information Commissioner will publish decisions on the OAIC's website. The name of the review applicant will not be disclosed, unless that person requests otherwise or there is a special reason to publish it. For full details see FOI Fact Sheet 12 — Your review rights.

What can I do if I disagree with the Information Commissioner's review decision?

You can appeal to the AAT. The Information Commissioner will not be a party to those proceedings. For more information, see ‘Review by the Administrative Appeals Tribunal' below. For full details see FOI Fact Sheet 12 — Your review rights.

Review by the Administrative Appeals Tribunal

When can I apply to the AAT?

If you are not satisfied with a decision of the Information Commissioner you can apply for review at the AAT. The AAT can change the agency's or minister's decision. For more information see www.aat.gov.au.

Is there a fee to apply to the AAT?

Yes, although this is subject to exceptions. For further information, see www.aat.gov.au/FormsAndFees/Fees.htm.

Complaints to the Information Commissioner

When can I make a complaint about an agency action?

You may complain to the Information Commissioner if you have concerns about how an agency handled a request for documents under the FOI Act or took any other action under that Act. For full details see FOI Fact Sheet 13 — How to make a complaint. You cannot complain to the Information Commissioner about a minister's actions.

Who can make a complaint?

Any person can complain about an agency's actions in relation to an FOI activity. You do not need to have requested documents. For full details see FOI Fact Sheet 13 — How to make a complaint.

How do I make a complaint?

Your complaint to the Information Commissioner must be in writing and you can lodge your application in one of the following ways:

online: by using our FOI complaint form

post: GPO Box 5218, Sydney NSW 2001

fax: +61 2 9284 9666

email: enquiries@oaic.gov.au

For full details see FOI Fact Sheet 13 — How to make a complaint.

What information do I need to put in the complaint?

To help the Information Commissioner adequately address your complaint, please specify the agency you are complaining about and provide as much relevant information as possible. Be clear about the issues in your complaint and what action or outcome you would like to see as a result.

If you need help we can assist you. Contact us on 1300 363 992.

Is there a fee for making a complaint?

No. There is no application fee.

What will happen to my complaint?

Someone from our office will contact you to discuss your complaint and you will be kept informed of the progress of your complaint.

Before deciding whether to investigate your complaint we may make preliminary inquiries of the agency you have complained about.

If the Information Commissioner decides to investigate your complaint, we will write to the agency and request information to assist with the investigation.

For full details see FOI Fact Sheet 13 — How to make a complaint.

Can the Information Commissioner decide not to investigate my complaint?

Yes. The Information Commissioner may decide not to investigate, or may discontinue an investigation, if:

  • your complaint does not concern an agency's action under the FOI Act

  • it is more appropriate for you to complain to another body (such as the agency or the Commonwealth Ombudsman)

  • it is more appropriate to review the decision

  • the agency you complained about has dealt with your complaint, or is dealing with it

  • your complaint is frivolous, vexatious, misconceived, lacking in substance or not made in good faith

  • you do not have sufficient interest in the matter.

If the Information Commissioner decides not to investigate or discontinues an investigation, we will notify you and the agency of the reasons for this in writing. For full details see FOI Fact Sheet 13 — How to make a complaint.

How will my complaint be resolved?

In some cases the Information Commissioner's investigation and intervention may result in the agency addressing the issues that you have complained about. In other cases the Information Commissioner may make suggestions or recommendations that the agency should implement. You and the agency will be notified in writing of the outcome of the investigation.

For full details see FOI Fact Sheet 13 — How to make a complaint.

Can the Ombudsman investigate FOI complaints?

The Commonwealth Ombudsman can also investigate complaints about action taken by agencies under the FOI Act. However, generally the Ombudsman will consult the OAIC to avoid the same matter being investigated twice.

The Information Commissioner can transfer a complaint to the Ombudsman. This may happen if the FOI complaint is one part of a wider complaint that the Ombudsman is investigating.

For more information about the Commonwealth Ombudsman see www.ombudsman.gov.au.