Freedom of information requests to the OAIC

What is Freedom of Information

The Freedom of Information Act 1982 (FOI Act) provides a legally enforceable right to request access to government-held documents, including those documents which are held by the Office of the Australian Information Commissioner (OAIC).

Documents the OAIC does not hold

For example, the OAIC do not generally hold documents for:

• Police Records
• Health or Medical records
• Immigration and citizenship records.

Police records

You can request copies of police records by making an application to the relevant state or federal police force:

Health or Medical records

You can request copies of medical records from local hospitals, or the Department of Health in your state or territory, or through your medical service provider. More information about how to access your health information is available at Access your health information.

Immigration or Citizenship records

You can request copies of immigration or citizenship records from the Department of Home Affairs. More information is available at Department of Home Affairs Freedom of information

How to request records of other Commonwealth agencies

You can request copies of documents directly from other Commonwealth agencies, such as:

Transfer of requests to another agency or minister

If your request relates to documents held by another Australian Government agency, we may transfer the request or relevant part of the request to that agency for processing, subject to provisions under section 16 of the FOI Act. If you wish to approach that agency directly, this will generally be a quicker and more efficient process for you. We will let you know if we transfer your request to another agency.

Where to access other agency’s documents not held by the OAIC

If you are seeking documents of another agency, you will need to make your application to the relevant agency directly. If you are not sure where to direct your FOI request, most agencies have contact information on their FOI webpage – search freedom of information (FOI) or FOI request on the relevant agency’s website.

Documents held by the OAIC

The OAIC regulates the Privacy Act 1988- external site (Cth) (the Privacy Act) and the Freedom of Information Act 1982 (Cth) (the FOI Act). The OAIC has the power to investigate complaints about the alleged mishandling of personal information by Australian and Norfolk Island government agencies and many private sector organisations, as well as the power to review FOI decisions of Australian and Norfolk Island government agencies.

If you have made a complaint to the OAIC or lodged a request for an IC review with the OAIC, we will hold documents in relation to that matter.  You can request a copy of those documents and can also lodge a request for documents including policy and guidance material that the OAIC may refer to in its decision.  The OAIC does not generally hold documents of Commonwealth agencies.

Submitting an FOI request to the OAIC

To make an FOI request for documents held by the OAIC, complete the FOI request application form (PDF, 730 KB) and email the form to [Email protected]. Completing the form is generally the quickest process and ensures immediate lodgement of your request.

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Can I make an FOI request on behalf of another person

You can make an FOI request on behalf of another person. (For example, if you are a legal representative seeking access on behalf of a client). If so, that person’s recent and written consent or authorisation must be provided with the FOI request.

Can I ask for documents informally through Administrative access

Yes. You may request information from the OAIC through an administrative process. Administrative access is a less formal process than making an FOI request, and may often be dealt with informally and more quickly.

Further information is available at administrative processes.

Documents published by the OAIC

Most Australian government agencies are subject to the FOI Act and are required to publish documents released in response to an FOI request in accordance with section 11C of the FOI Act. This is known as a disclosure log. The documents you seek may already be publicly available. The OAIC FOI disclosure log provides copies of documents released in response to FOI requests.

The OAIC also makes corporate information publicly available under the Information Publication Scheme. The OAIC takes a proactive approach to publishing the following types of information:

• Our agency plan which outlines how the OAIC will implement the IPS requirements
• Who we are including, information about the Office of the Australian Information Commissioner and our legislative functions
• Our annual reports and corporate information
• Our operational information and accountability reporting
• Details of any public consultation processes open for contribution, and how you can engage with us as part of our regulatory functions
• Our FOI disclosure log.

Access to data and statistical information

The OAIC regularly publishes a range of data and statistical information which is accessible here Freedom of information statistics for the OAIC

Freedom of Information statistical information

The Australian Government FOI statistics dashboard presents key freedom of information (FOI) data over the last 5 years, as reported by Australian Government agencies and ministers to the OAIC under the Freedom of Information Act 1982. Further information and data is available here Australian Government freedom of information statistics.

The dashboard is an interactive presentation of data published in the OAIC’s annual reports and also on data.gov.au and is updated quarterly.

Privacy and Data Breach datasets

The OAIC also publishes a range of statistics and data relating to the Privacy Act 1988, including Notifiable data breaches publications under the Notifiable Data Breaches scheme.

You can also search the OAIC Disclosure Log for access to other types of published statistical information or datasets.

I want access to information about other people

If you or another person want to access documents containing personal information about another person, even if a relative, friend or employer, we will generally need to consult that person/entity before deciding whether we can provide the documents to you. Further information is available at when an FOI request affects you.

If you disagree with our decision

If you disagree with our decision on your FOI request you have the right to apply for internal review of that decision. An internal review will be conducted by another member of our staff who did not make the original decision. If you wish to apply for internal review, you must do so in writing within 30 days of receiving notice of our decision. You have the right to ask for a  of the decision if you disagree with it.

A third party who disagrees with our decision to give you documents which contain information about them can also ask for our decision to be reviewed. Further information is available at OAIC FOI reviews and complaints.

Information Commissioner (IC) review of OAIC decisions

If you are not satisfied with your FOI decision, you may lodge an application for an IC review. To make an application for an IC Review, visit Freedom of information reviews, or visit the contact us page for further information.

If you are not satisfied with the way we have handled your FOI request, you may make a complaint to the Information Commissioner or you can lodge a complaint through the Commonwealth Ombudsman..