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Frequently asked questions
RSS feedThese questions cover the Freedom of Information Act 1982 (FOI Act).
Not at this stage, although the FOI Guidelines contain some references to good administrative practice (see Part 3 of the Guidelines). There is substantial guidance for agencies on records management from a variety of sources.
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records management
Commonwealth Ombudsman
17 June 2020
The scope of the search required depends on the nature of the request and the information that is available.
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document search
The COVID-19 pandemic may affect the ability of some Australian Government agencies to comply with the statutory timeframes in the FOI Act. There are a number of measures available to assist agencies in meeting timeframes.
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FOI request
extensions of time
time to process an FOI request
COVID-19
You’ll find the criteria in the FOI Guidelines s 89L(1) and Part 12.
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vexatious
Generally, yes. An applicant who requests access to a document in a particular form has a right to be given access in that form.
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document
disclose information
11 April 2019
Yes. The FOI Act, s 16, deals with transfers by agencies and s 16(6) provides that a reference to an agency includes a minister. See Part 3 of the FOI Guidelines.
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transfer
Not always. An agency must withhold release of documents until outstanding charges are paid and third party review rights have run out.
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charges
third party
disclose information
11 April 2019
FOI Act does not restrict any power that an agency has to publish information, including information that is exempt from disclosure under the FOI Act.
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publishing information
proactive disclosure