Notice (to affected third party) of FOI request and opportunity to contend documents are exempt (ss 26A, 26AA, 27, 27A) 
Sample 1 – Notice (to state or territory authority) of FOI request and opportunity to contend documents are exempt (s 26A)
Dear [third party]
Freedom of information request and opportunity to make submission
I am writing to tell you of a freedom of information (FOI) request our agency received on [insert date] which covers documents containing information that originated with, or was received from, [name of state or territory government/name of state authority/your agency]. The documents (or relevant parts of documents) in question are attached.
Under section 26A of the Freedom of Information Act 1982 (Cth) (FOI Act), where an Australian Government agency receives a request covering documents of this kind and the agency believes that the state or territory authority may wish to contend that the documents are exempt from release, the agency is required to consult the state or territory authority before releasing the documents.
Opportunity to make a submission
I invite you to tell me of any objection [name of state or territory government/name of state or territory authority/your agency] may have to the release of any of the attached documents under the following conditional exemptions in the FOI Act (paraphrased):
•	Section 47B(a) – disclosure of the documents would, or could reasonably be expected to, cause damage to relations between the Commonwealth and [name of state or territory].
•	Section 47B(b) – disclosure of the documents would divulge information or matter communicated in confidence by or on behalf of the Government of [name of state or territory] or an authority of [name of state or territory], to the Government of the Commonwealth or an authority of the Commonwealth. 
More information about these exemptions is available in the Guidelines issued by the Australian Information Commissioner under section 93A of the Freedom of Information Act 1982, Part 6 (Conditional exemptions), available at www.oaic.gov.au/freedom-of-information/foi-guidelines/part-6-conditional-exemptions/. 
Access must be given to documents falling within these exemptions unless this would be contrary to the public interest. If you consider that the documents fall within the exemption you must also indicate whether you believe that disclosure would be contrary to the public interest.
If it is your view that one or more of the documents falls within the scope of one of the exemptions listed above and that it would be contrary to the public interest to release them, would you please consider whether deletion of any specific information from the documents (under section 22) would address your objections.
Please note that it is not sufficient simply to assert that one of the conditional exemptions applies or that disclosure would be contrary to the public interest. You need to provide reasons and supporting evidence. Also, while your comments will be taken into account, the final decision about whether to release the documents rests with the decision maker in our agency. If the decision maker decides to grant access to any documents whose release you opposed, you will be given written notice of the decision and the opportunity to seek review of the decision before those documents are released.
Disclosure log
You should be aware that if we decide to grant access to the requested documents we are generally obliged to publish that information on our disclosure log [insert URL]. If you have any queries about this requirement, please contact [me using the details below/the officer below].
How to make your submission
Please send us your comments in writing by [insert date] and address them to [me using the details below/the following officer]:
	[insert name, designation and contact details]
If a response is not received by this date, the decision maker in our agency will assume you do not object to the release of the documents.
Yours sincerely

Sample 2 – Notice (to Norfolk Island authority) of FOI request and opportunity to contend documents are exempt (s 26A)
Dear [third party]
Freedom of information request and opportunity to make submission
I am writing to tell you of a freedom of information (FOI) request our agency received on [insert date] which covers documents containing information that originated with, or was received from, [the Norfolk Island Government/name of Norfolk Island authority/your agency]. The documents (or relevant parts of documents) in question are attached.
Under section 26A of the Freedom of Information Act 1982 (Cth) (FOI Act), where an Australian Government agency receives a request covering documents of this kind and the agency believes that the Norfolk Island Government (or an authority of the Government) may wish to contend that the documents are exempt from release, the agency is required to consult Norfolk Island before releasing the documents.
Opportunity to make a submission
I invite you to tell me of any objection [the Norfolk Island Government/name of Norfolk Island authority/your agency] may have to the release of any of the attached documents under the following conditional exemptions in the FOI Act (paraphrased):
•	Section 47B(c) – disclosure of the documents would, or could reasonably be expected to, cause damage to relations between the Commonwealth and Norfolk Island.
•	Section 47B(d) – disclosure of the documents would divulge information or matter communicated in confidence by or on behalf of the Government of Norfolk Island or an authority of Norfolk Island, to the Government of the Commonwealth or an authority of the Commonwealth. 
More information about these exemptions is available in the Guidelines issued by the Australian Information Commissioner under section 93A of the Freedom of Information Act 1982, Part 6 (Conditional exemptions), available at www.oaic.gov.au/freedom-of-information/foi-guidelines/part-6-conditional-exemptions/
Access must be given to documents falling within this exemption unless this would be contrary to the public interest. If you consider that the documents fall within the exemption you must also indicate whether you believe that disclosure would be contrary to the public interest.
If it is your view that one or more of the documents falls within the scope of one of the exemptions above and that it would be contrary to the public interest to release them, would you please consider whether deletion of any specific information from the documents (under section 22) would address your objections.
Please note that it is not sufficient simply to assert that one of the conditional exemptions applies or that disclosure would be contrary to the public interest. You need to provide reasons and supporting evidence. Also, while your comments will be taken into account, the final decision about whether to release the documents rests with the decision maker in our agency. If the decision maker decides to grant access to any documents whose release you opposed, you will be given written notice of the decision and the opportunity to seek review of the decision before those documents are released.
Disclosure log
You should be aware that if we decide to grant access to the requested documents we are generally obliged to publish that information on our disclosure log [insert URL]. If you have any queries about this requirement, please contact [me using the details below / the officer below].
How to make your submission
Please send us your comments in writing by [insert date] and address them to [me using the details below/the following officer]:
	[insert name, designation and contact details]
If a response is not received by this date, the decision maker in our agency will assume you do not object to the release of the documents.
Yours sincerely

Sample 3 – Notice (to state, territory or Commonwealth authority) of FOI request and opportunity to contend documents are exempt (s 26AA) [sample only for use by Norfolk Island Minister or authority]
Dear [third party]
Freedom of information request and opportunity to make submission
I am writing to tell you of a freedom of information (FOI) request our agency received on [insert date] which covers documents containing information that originated with, or was received from, [the Australian Government/name of state or territory government/name of state, territory or Commonwealth authority/your agency]. The documents (or relevant parts of documents) in question are attached.
Under section 26AA of the Freedom of Information Act 1982 (Cth) (FOI Act), where a Norfolk Island agency receives a request covering documents of this kind and the agency believes that the [state or territory authority/Australian Government authority] may wish to contend that the documents are exempt from release, Norfolk Island is required to consult that authority before releasing the documents.
Opportunity to make a submission
I invite you to tell me of any objection [the Australian Government/name of state or territory government/name of state, territory or Commonwealth authority/your agency] may have to the release of any of the attached documents under any of the following conditional exemptions in the FOI Act (paraphrased): [insert the following as applicable]
•	Section 47B(c) – disclosure of the documents would, or could reasonably be expected to, cause damage to relations between the Commonwealth and Norfolk Island
•	Section 47B(d) – disclosure of the documents would divulge information or matter communicated in confidence by or on behalf of the Government of Norfolk Island or an authority of Norfolk Island, to the Government of the Commonwealth or an authority of the Commonwealth
•	Section 47B(e) – disclosure of the documents would, or could reasonably be expected to, cause damage to relations between Norfolk Island and [name of state or territory]
•	Section 47B(f) – disclosure of the documents would divulge information or matter communicated in confidence by or on behalf of the Government of [name of state or territory] or an authority of [name of state or territory], to the Government of Norfolk Island or to an authority of Norfolk Island. 
More information about these exemptions is available in the Guidelines issued by the Australian Information Commissioner under section 93A of the Freedom of Information Act 1982, Part 6 (Conditional exemptions), available at https://www.oaic.gov.au/freedom-of-information/foi-guidelines/part-6-conditional-exemptions/.
Access must be given to documents falling within this exemption unless this would be contrary to the public interest. If you consider that the documents fall within the exemption you must also indicate whether you believe that disclosure would be contrary to the public interest.
If it is your view that one or more of the documents falls within the scope of one of the exemptions above and that it would be contrary to the public interest to release them, would you please consider whether deletion of any specific information from the documents (under section 22) would address your objections.
Please note that it is not sufficient simply to assert that one of the conditional exemptions applies or that disclosure would be contrary to the public interest. You need to provide reasons and supporting evidence. Also, while your comments will be taken into account, the final decision about whether to release the documents rests with the decision maker in our agency. If the decision maker decides to grant access to any documents whose release you opposed, you will be given written notice of the decision and the opportunity to seek review of the decision before those documents are released.
Disclosure log
You should be aware that if we decide to grant access to the requested documents we are generally obliged to publish that information on our disclosure log [insert URL]. If you have any queries about this requirement, please contact [me using the details below/the officer below].
How to make your submission
Please send us your comments in writing by [insert date] and address them to [me using the details below/the following officer]:
	[insert name, designation and contact details]
If a response is not received by this date, the decision maker in our agency will assume you do not object to the release of the documents.
Yours sincerely

Sample 4 – Notice (to business or business person) of FOI request and opportunity to contend documents are exempt (s 27)
Dear [third party]
Freedom of information request and opportunity to make submission
I am writing to tell you of a freedom of information (FOI) request our agency received on [insert date] which covers documents containing business information relating to [your business or professional affairs/name of business]. The documents (or relevant parts of documents) in question are attached.
Under the Freedom of Information Act 1982 (FOI Act), where an agency receives a request covering documents of this kind and the agency believes that the [person or] organisation concerned may wish to contend that the documents are exempt from release, the agency is required to consult the [person or] business before releasing the documents, if it is reasonably practicable to do so.
Opportunity to make a submission
I invite you to tell me of any objection [you/name of business] may have to the release of any of the attached documents under either of the following exemptions in the FOI Act (paraphrased):
•	Section 47(1) – disclosure of the documents would disclose
a)	trade secrets or
b)	any other information having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed.
•	Section 47G(1) – disclosure of the documents would disclose information concerning a person in respect of his or her business or professional affairs or concerning the business, commercial or financial affairs of an organisation or undertaking, in a case in which the disclosure of the information
a)	would, or could reasonably be expected to, unreasonably affect that person adversely in respect of his or her lawful business or professional affairs or that organisation or undertaking in respect of its lawful business, commercial or financial affairs, or
b)	could reasonably be expected to prejudice the future supply of information to the Commonwealth, Norfolk Island or an agency for the purpose of the administration of a law of the Commonwealth or of a Territory or the administration of matters administered by an agency.
More information about these exemptions is available in the Guidelines issued by the Australian Information Commissioner under section 93A of the Freedom of Information Act 1982, Parts 5 (Exemptions) and 6 (Conditional exemptions), available at https://www.oaic.gov.au/freedom-of-information/foi-guidelines/part-5-exemptions/ and https://www.oaic.gov.au/freedom-of-information/foi-guidelines/part-6-conditional-exemptions/.
If section 47(1) applies, documents are fully exempt from release. However, if section 47G(1) applies access must be given to documents unless this would be contrary to the public interest. If you consider that the documents fall within the scope of section 47G(1) you must also indicate whether you believe that disclosure would be contrary to the public interest.
If it is your view that one or more of the documents falls within the scope of the exemptions outlined above, would you please consider whether deletion of any specific information from the documents (under section 22) would address your objections.
Please note that it is not sufficient simply to assert that one of the exemptions applies and that disclosure would be contrary to the public interest. You need to provide reasons and supporting evidence. Also, while your comments will be taken into account, the final decision about whether to release the documents rests with the decision maker in our agency. If the decision maker decides to grant access to any documents whose release you opposed, you will be given written notice of the decision and the opportunity to seek review of the decision before those documents are released.
Disclosure log
You should be aware that if we decide to grant access to the requested documents we are generally obliged to publish that information on our disclosure log [insert URL]. However we will not publish information (such as personal or business information) where this would be unreasonable. If you have any queries about this requirement, please contact [me using the details below/the officer below].
How to make your submission
Please send us your comments in writing by [insert date] and address them to [me using the details below/the following officer]:
	[insert name, designation and contact details]
If a response is not received by this date, the decision maker in our agency will assume you do not object to the release of the documents.
[Optional: More information about your rights if information about you or your business is requested under the FOI Act is available on the Office of the Australian Information Commissioner’s website: https://www.oaic.gov.au/freedom-of-information/guidance-and-advice/personal-and-business-information-third-party-review-rights/

Yours sincerely

Sample 5 – Notice (to individual) of FOI request and opportunity to contend documents are exempt (s 27A)
Dear [third party]
Freedom of information request and opportunity to make submission
I am writing to tell you of a freedom of information (FOI) request our agency received on [insert date] which covers documents containing information about you. The documents (or relevant parts of documents) in question are attached.
Under the Freedom of Information Act 1982, where an Australian Government agency receives a request for access to documents containing another person’s personal information and the agency believes that the other person may object to the release of the documents, the agency is required to consult that person before making a decision to grant access.
Opportunity to make a submission
I invite you to tell me of any objection you may have to the release of any of the attached documents. Specifically, do you believe that release of one or more of the documents would involve the unreasonable disclosure of personal information about you? If so, could you please give your reasons so that [name of agency] can make an informed decision about whether or not to grant access.
In deciding whether to release the documents, [name of agency] will also consider:
a)	the extent to which the information is well known
b)	whether you are known to be (or to have been) associated with the matters dealt with in the document
c)	the availability of the information from publicly accessible sources
d)	any other matters that [name of agency] considers relevant.
If it is your view that release of one or more of the documents would involve an unreasonable disclosure of personal information about you, would you please consider whether deletion of any specific information from the documents (such as your name) would address your objections.
Please note that it is not sufficient to simply assert that the release of the documents would involve a disclosure of personal information about you. You need to provide reasons about why disclosure of the information would be unreasonable. While your comments will be given careful consideration, the final decision about whether to release the documents rests with the decision maker in our agency. If the decision maker decides to grant access to any documents whose release you opposed, you will be given written notice of the decision and the opportunity to seek review of the decision before those documents are released.
Disclosure log
You should be aware that if we decide to grant access to the requested documents we are generally obliged to publish that information on our disclosure log [insert URL]. However we will not publish information (such as personal information) where this would be unreasonable. If you have any queries about this requirement, please contact [me using the details below/the officer below].
How to make your submission
Please send us your comments in writing by [insert date] and address them to [me using the details below / the following officer]:
	[insert name, designation and contact details]
If a response is not received by this date, the decision maker in our agency will assume you do not object to the release of the documents.
[Optional: More information about your rights if information about you or your business is requested under the FOI Act is available on the Office of the Australian Information Commissioner’s website: https://www.oaic.gov.au/freedom-of-information/foi-guidelines/part-3-processing-and-deciding-on-requests-for-access/#consultation-with-third-parties. 
Yours sincerely