Published: 15 Dec 2023
The Freedom of Information Act 1982 (FOI Act) requires agencies and ministers to comply with statutory timeframes for processing FOI requests. At times, agencies may experience increases in FOI requests which may pose challenges in ensuring decisions are finalised within the statutory timeframes.
It is implicit in the objectives of the FOI Act that agencies and ministers must ensure that appropriate resources are allocated to managing FOI matters, which may include assigning additional temporary resources to handle the increase in the number or complexity of requests.
The Office of the Australian Information Commissioner (OAIC) suggests that agencies develop an action plan which takes into account the following practical strategies to manage increased volumes of FOI requests, including through proactive publication of relevant material, working with applicants to refine the scope of the request, seeking to extend the processing timeframes for handling FOI requests where appropriate, and outlining this information in the agency’s FOI main webpage.
Practical strategies to include in agency action plan for increased requests under the FOI Act
- Assess the nature/subject matter of the requests and liaise with the relevant business area(s) to determine:
- Whether the information sought can be made available through self-service access (for example, My Gov), through existing administrative access schemes or through the establishment of a new administrative access scheme: see the OAIC’s guidance on administrative access schemes
- Whether the information sought has been published on the agency’s website, including the Information Publication Scheme (IPS) or disclosure log or whether there is information which can be proactively published
- Whether additional temporary resources are required to manage the increase of requests.
- Update the agency’s FOI webpage to include:
- Information which explains that your agency is experiencing an increase in FOI requests and the impact on the agency’s current FOI workload
- Links to relevant information, including information already published on the disclosure log, IPS or other part(s) of the agency’s website or how to seek information through administrative access schemes
- Suggestions on how applicants can make ‘targeted’ requests or how to refine the scope of their requests
- Advice to applicants that the agency may seek s 15AA extensions from applicants or, where appropriate, seek an extension of time from the Office of the Australian Information Commissioner (OAIC)
- Invitation for applicants to consider making an FOI request at a later date.
- Process the FOI requests efficiently:
- Consider whether requests can be ‘batched’ or managed in similar groups to process requests quickly and efficiently
- Develop specific acknowledgment templates which include:
- Information set out in the agency’s FOI webpage explaining the increase in requests and suggestions for targeted requests, or a provide a link to the agency’s FOI webpage where this information has already been released or published
- Where necessary, requesting the applicant’s agreement to extend the processing timeframe.
- Develop specific decision templates which clearly set out:
- The information being released and if the information will be published on the disclosure log or
- A clear statement of reasons explaining the access refusal reason.
- Publish information on the disclosure log as soon as possible.
Further guidance on making decisions on FOI requests is available at Making a decision on a FOI request .
- Engage with applicants: applicants may be willing to revise the scope of their request if it means a faster outcome. Offer suggestions to applicants, including how the scope could be refined to speed up the processing of the request, or offer a staged released of documents to facilitate access in stages over an agreed period.
- Seek an extension of time from the applicant:
- Consider including a 15AA request in the acknowledgement email to the applicant where necessary, to save time and ensure applicants are made aware of the challenges with meeting processing timeframes at the outset.
- Where an agency has been unable to obtain a 15AA agreement, or missed its opportunity to request one before the statutory processing period elapsed, it should still endeavour to speak to applicants as outlined above, to keep applicants informed on progress as well as to explore opportunities for faster outcomes for applicants.
- Seek an extension of time from the OAIC where appropriate including where a particular request is complex or voluminous to deal with, or where the agency has been unable to meet the statutory timeframe and the decision has become deemed. See Apply for an extension of time to process a freedom of information request and Part 3: Processing and deciding on requests for access.
Where extensions of time are sought, agencies should be as specific as possible and should set out all relevant circumstances and advise how the increase in requests is impacting the agency’s ability to meet statutory timeframes. The OAIC will consider these factors when making a decision on an extension of time application, however, please note that a lack of staff because of inadequate allocation of resources to FOI processing or failure to assign additional temporary resources to FOI processing at peak times will not normally justify an extension in the absence of other extenuating circumstances.
- Notify applicants of their review rights in relation to a deemed decision: where the agency has been unable to meet the statutory timeframe, notify the applicant of their right to seek IC review in relation to the deemed decision, including an assurance to the applicant that the agency remains committed to continuing to process the request as quickly as possible.
- Consider whether internal review is available to the applicant before making an internal review decision: if the applicant is seeking an internal review of a decision that was made outside of the statutory timeframe, internal review is not available. Ensure review rights included with decisions are accurate, by referring applicants directly to IC review where the initial decision was deemed.
- Keep the OAIC informed by advising of the increase of FOI requests and your agency’s action plan. This will assist the OAIC in managing any incoming extension of time (EOT) applications (see below), complaints or IC reviews of deemed access refusal matters: see FOI Guidelines Part 10: Review by the Information Commissioner.
- Future proof the agency: Develop whole of agency plans to handle future increases, including training staff across the agency to:
- register and acknowledge requests
- process requests for the search and retrieval of documents
- make decisions on requests.
Further guidance
Detailed guidance on applying for extensions of time is set out in our Guidance at Apply for an extension of time to process a freedom of information request and Part 3: Processing and deciding on requests for access.
Further information and tips are also set out in the FOI Essentials Toolkit for Australian Government agencies and ministers.
If you have any questions about this agency resource, please email foidr@oaic.gov.au.
