Respond to FOI requests within 30 days (Cwlth agencies + ministers)
FOI Act 1982 — Commonwealth agencies + ministers must respond to access requests within 30 days.
Who must comply
Australian Government agencies (other than those exempt under the Act) and ministers holding official documents. Businesses are affected as third parties: the Act provides for consultation on business documents (s 27), and a business can seek review of a decision to release a document containing its business information.
What triggers it
Receiving a request for access to a document, or an application to amend or annotate personal information, that meets the formal requirements of the FOI Act.
When due
Decision notified within 30 days of receipt, plus any lawful extension; internal review decided within 30 days of the application (s 54B); applicants seek internal review within 30 days of notification and IC review of an access refusal within 60 days (s 54S).
Evidence required
FOI request register; acknowledgment and decision letters with statement of reasons; third-party consultation records; written agreement or Information Commissioner instrument for any extension; charges decisions; internal review decisions; FOI statistics returns to the OAIC; Information Publication Scheme entries and disclosure log.
Max penalty
The FOI Act's consequence for a late or wrong access decision is review, not a monetary penalty. A late decision is deemed a refusal that the applicant can take straight to IC review, and decisions can be varied or set aside on internal review, by the Information Commissioner or by the Administrative Review Tribunal
Summary
The Freedom of Information Act 1982 gives every person, whether or not an Australian citizen or in Australia, a right to access documents held by Australian Government agencies and ministers unless an exemption applies, and to seek amendment or annotation of their personal information. An agency or minister must take all reasonable steps to notify the applicant of a decision within 30 days of receiving the request (s 15(5)(b)); that period can be extended for consultation, by up to 30 days with the applicant's written agreement (s 15AA), or by the Information Commissioner for complex or voluminous requests (s 15AB). If no decision is made in time, the request is deemed refused (s 15AC). Decisions are reviewable by internal review, Information Commissioner (IC) review at the OAIC and then the Administrative Review Tribunal. Agencies also run an Information Publication Scheme and report FOI statistics to the OAIC.
Enforced by
Source legislation
Topics
Related
- VICComply with Vic FOI Act 1982 (state)Victorian agencies + ministers respond to state FOI requests within 30 days.
- CWLTHRegister under Foreign Influence Transparency Scheme (FITS)Persons undertaking activities on behalf of foreign principals in Australia must register with the AG's Department.
- CWLTHBeneficial ownership transparency (Tranche 3 — under consultation)Proposed beneficial ownership register for unlisted companies and trusts — consultation through 2024-2025; commencement TBD.
- CWLTHRegister on the Federal Lobbyists RegisterThird-party lobbyists contacting Commonwealth officials must register + observe the Lobbying Code.
- CWLTHPolitical donation disclosure thresholds (federal + state)Federal disclosure threshold $17,300+ (2024-25). State thresholds + caps vary.
Frequently asked questions
- Who must comply with Respond to FOI requests within 30 days (Cwlth agencies + ministers)?
- Australian Government agencies (other than those exempt under the Act) and ministers holding official documents. Businesses are affected as third parties: the Act provides for consultation on business documents (s 27), and a business can seek review of a decision to release a document containing its business information.
- What triggers Respond to FOI requests within 30 days (Cwlth agencies + ministers)?
- Receiving a request for access to a document, or an application to amend or annotate personal information, that meets the formal requirements of the FOI Act.
- When is Respond to FOI requests within 30 days (Cwlth agencies + ministers) due?
- Decision notified within 30 days of receipt, plus any lawful extension; internal review decided within 30 days of the application (s 54B); applicants seek internal review within 30 days of notification and IC review of an access refusal within 60 days (s 54S).
- What is the maximum penalty for Respond to FOI requests within 30 days (Cwlth agencies + ministers)?
- The FOI Act's consequence for a late or wrong access decision is review, not a monetary penalty. A late decision is deemed a refusal that the applicant can take straight to IC review, and decisions can be varied or set aside on internal review, by the Information Commissioner or by the Administrative Review Tribunal
- What evidence is required for Respond to FOI requests within 30 days (Cwlth agencies + ministers)?
- FOI request register; acknowledgment and decision letters with statement of reasons; third-party consultation records; written agreement or Information Commissioner instrument for any extension; charges decisions; internal review decisions; FOI statistics returns to the OAIC; Information Publication Scheme entries and disclosure log.
Source: https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights. Rules Mate is not a law firm. Always verify against the live regulator source before acting.