How to comply with Australia’s Freedom of Information Act
Like similar laws in the UK and the US, the Australian Freedom of Information Act allows individuals to request access to documents held by the government and most government agencies, as well as request amendments to information about them. The Act also creates an information publication scheme, where agencies have to be transparent and publish online about their functions and structures.
The law is an attempt to help bolster public confidence in public bodies and keep them accountable. It aims to make it easy for Australian citizens to access information on how they are governed. In most cases, FOIA requests are individuals trying to access documents relating to government policies, and decision-making processes, or documents containing their own personal information.
Who has to comply with the Freedom of Information Act?
The Act applies to Ministers, most government agencies, and the administration of Norfolk Island.
There are some exceptions - e.g. it does not apply to certain government bodies, such as intelligence agencies. In fact, all agencies are exempt from the Act when documents received from intelligence agencies are involved.
Further exceptions include courts that only have to disclose administrative documents. Or broadcasting agencies like the Australian Broadcasting Corporation and the Special Broadcasting Service which do not have to release programme material.
Law enforcement is a key public body that falls under the scope of the FOIA.
Individuals can make requests for their personal data held by police - provided the information is not already publicly available. Those requesting information that is not limited to their personal information, need to pay a $30 application fee.
More recently, there have been questions about the powers and practices of law enforcement agencies in Australia and how they affect data privacy. In August 2021, the Australian Parliament passed the Surveillance Legislation Amendment (Identify and Disrupt) Bill 2021 which gives new powers to the Australian Federal Police and the Australian Criminal Intelligence Commission. This includes powers of surveillance and collection/deletion of personal data.
Responding to Freedom of Information Requests
Once individuals have made a request, there is a 45-day time limit from the day the application is received.
Applications are evaluated and the police are required to give a “notice of decision” which includes:
the day the decision was made
name of the officer who made the decision
the type of access granted, e.g. full access, partial (redacted) access, refused access, or deferred access
the reasons for deleting or refusing a document (if applicable)
the rights of review and procedures to be followed
As usual with similar acts, there are exceptions to what can be released. For example, a request could be denied to protect the privacy of other individuals or protect sensitive information relating to public safety, law enforcement, or other activities.