FREEDOM OF INFORMATION POLICY
AGWA is subject to
the Freedom of Information Act 1982 (Cth) (
FOI Act). The FOI Act provides a
legally enforceable right for any person to obtain access to information and documents held by an
agency (subject to certain exceptions).
AGWA is committed to promoting the general objectives of the FOI Act by promoting transparency
over what AGWA do.
The objects of the FOI Act are contained in section 3 of that Act. In summary they are to give the
Australian community access to information held by the Government of the Commonwealth by:
requiring agencies to publish the information; and
providing for a right of access to documents,
with the intention of promoting Australia’s representative democracy by contributing
towards the following:
increasing public participation in Government processes, with a view to
promoting better-informed decision-making; and
increasing scrutiny, discussion, comment and review of the Government’s
activities.
“Document” is defined broadly and includes any paper on which there is writing; any paper with
marks, symbols, figures or perforations with meanings for persons able to interpret them; maps,
plans, drawings or photographs; audio and video reproductions (CD-ROMs, DVDs, USBs); stored
electronic records (datasets, emails, mobile phone records, SMS, blogs, wikis, video recordings etc.);
and copies of any documents.
“Document of an agency” is a document in the possession of the agency (whether created or
received by the agency), or a document held by a contracted service provider.
“Business information” means information about a person’s business or professional affairs and
information about the business, commercial or financial affairs of an organisation or undertaking.
“Conditionally exempt documents” means documents that must be released unless it can be
established that disclosure would be contrary to the public interest.
“Exempt documents” means documents not to be released under the FOI Act.
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“FOI” means Freedom of Information
“FOI Act” is the
Freedom of Information Act 1982 (Cth) as amended by the
Freedom of Information
Amendment (Reform) Act 2010 (Cth).
“Information Commissioner” is the Australian Information Commissioner established under the
Australian Information Commissioner Act 2010 (Cth).
“Minister” is the Minister for Agriculture, Fisheries and Forestry.
“OAIC” is the Office of the Australian Information Commissioner
“Personal Information” is information about a natural person whose identity is apparent or can be
reasonably ascertained.
“State-originated information” is information that originated with, or was received from, a State
Government or an authority of a State.
Who can make a FOI request?
Any person can make a FOI request, including:
an individual in Australia, whether or not they are an Australian citizen;
an individual who is resident overseas, whether or not they are an Australian citizen,
provided they specify an address in Australia to which notices under the FOI Act can be sent;
an individual serving a prison sentence;
a minor; and
a body corporate (e.g. a company).
The applicant's reasons for making an FOI request are not relevant in relation to accepting and
processing a request.
Documents not subject to release
Documents are not required to be released under the FOI Act if:
the FOI Act does not apply in respect of the documents;
the agency is exempt from the operation of the FOI Act in respect of documents received
from certain defence and security agencies;
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the work involved in processing the request would constitute a substantial and unreasonable
diversion of resources (see FOI Act s 24 and
Refusing Requests);
the FOI request does not provide sufficient information to identify the documents sought
(see FOI Act s 24 and
Refusing Requests);
the agency is satisfied that, after all reasonable searches, that the document cannot be
found or does not exist (see FOI Act s 24A and
Refusing Requests);
the document is an exempt document (see FOI Act Part IV and
Exemptions & Conditional
Exemptions); or
the document is a conditionally exempt document, and disclosure would be contrary to the
public interest (see FOI Act Part IV and s.11A(5), and
Exemptions & Conditional Exemptions).
Documents not covered by the FOI Act (ss 7 & 12)
The FOI Act does not apply to the following documents (and therefore they do not need to be
considered in processing an FOI request):
documents that are within the open access period under the
Archives Act 1983 (Cth), unless
the document contains personal information;
documents that are open to public access under another Act, where that access is subject to
a fee or other charge;
documents that are open to public access as part of a land title register, in accordance with a
State or Territory law, where that access is subject to a fee or other charge;
a document that is available for purchase by the public in accordance with arrangements
made by an agency;
documents that have originated with, or been received from, specified intelligence agencies
(and documents that contain a summary, extract or information from such documents); and
documents that have originated with, or been received from, the Department of Defence
which relate to:
the collection, reporting or analysis of operational intelligence; or
special access programs, under which a foreign government provides restricted
access to technologies; or
documents that contain a summary, extract or information from such
documents.
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Documents and information which is generally available on the AGWA website at no cost may still be
the subject of an FOI request. In such cases, AGWA should advise the applicant of publicly available
information outside the FOI Act, and invite the applicant to either withdraw their request or exclude
publicly available information from the scope of the request.
Timeframes
The FOI Act imposes a number of statutory timeframes which must be complied with:
Upon Receipt of Request
within 14 days: notify the applicant that the request has been received;
within 30 days: notify the applicant of the decision on the request.
Extensions
The 30 day time period can be extended in the following circumstances:
consulting with third parties under the FOI Act (a further 30 days is added to the
processing time);
notifying the applicant of charges (the 30 day time period is stopped until a
deposit on the charges is paid, or the charges are paid in full);
obtaining an extension of time of up to 30 days in agreement with the applicant;
and
obtaining an extension of time from the Information Commissioner for complex
or voluminous requests.
Failure to comply with the statutory timeframes will amount to a
deemed refusal decision. A
decision should still proceed but charges cannot be imposed because the decision is regarded as
being out of time.
Authorisations
In accordance with section 23 of the FOI Act, the Chief Executive Officer is the ‘principal officer’.
Accordingly, a decision in respect of a request made to AGWA may be made by the Chief Executive
Officer or, if the Chief Executive Officer approves another person as the decision maker, by that
person. This includes authorisation to grant, refuse or defer access to documents, impose or remit a
charge and extend time limits. Any internal review decisions must be a fresh and independent
decision.
Notifying the Minister’s Office
The minister’s office is to be informed if AGWA receives a new FOI request from:
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a Member of Parliament (MP);
journalist;
representative of a key agency stakeholder; or
where the information requested is particularly sensitive.
The Chief Operating Officer is responsible for making a decision on whether to notify the minister’s
office of receipt and status of an FOI request and (where appropriate) for keeping the minister’s
office informed of its progress.
If a decision is made to notify the minister’s office, the Chief Operating Officer is to send an email to
the FOI adviser in the minister’s office (currently Merric Foley:
xxxxxx.xxxxx@xxxx.xxx.xx). The email
should be copied to the relevant Departmental Liaison Officer and media advisers in the minister’s
office. An example of the email to be sent to the FOI adviser is below:
Subject: FOI Alert from Australian Grape and Wine Authority
Good [morning/afternoon]
Australian Grape and Wine Authority has received a new FOI request [insert unique reference
number] from:
From:
[insert name of applicant]
Seeking:
[include a summary of the FOI request]
Decision-maker:
[insert name of Chief Operating Officer]
FOI contact officer:
[insert name and phone number of AGWA contact officer]
Earliest date decision due: [insert date decision is due, i.e., 30 days from receipt of request].
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Notification must be given to the minister’s office once a decision has been made at least three days
ahead of the decision letter being sent to the FOI applicant. The following information should be
attached to the notification:
a copy of the proposed decision letter;
the statement of reasons;
the schedule of documents; and
redacted copies of the documents to be released.
Requirements for valid FOI requests
To be valid, an FOI request must:
be in writing;
state that the request for documents is for the purposes of the FOI Act (even if the request
does not expressly state this, it may still be valid if it is apparent that the applicant intended
to make the request under the FOI Act);
provide information concerning the requested document that can enable it to be identified;
and
provide details of how notices under the FOI Act can be sent to the applicant (an electronic
address is acceptable).
Steps should be taken to seek clarification on the scope and nature of an FOI request from the
applicant where necessary. If the request is not a valid request, reasonable steps to assist the
applicant to complete or revise their request so that it complies with the FOI Act should be taken.
Transfer of requests (s 16)
A request may be transferred to another agency with the other agency’s agreement where:
AGWA does not possess the requested documents but knows that another agency possesses
those documents; or
the subject-matter of the requested documents is more closely connected with the functions
of the other agency than the functions of AGWA.
Before a request for transfer is made to another agency, AGWA should first take whatever
reasonable steps are necessary to determine whether it has the documents to meet the description
of the applicant’s FOI request. If the other agency accepts the transfer, the authorised officer should:
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send a formal notice to the other agency confirming the transfer under s 16 of the FOI Act,
together with a copy of the request and any other relevant information and documents (e.g.
correspondence with the applicant);
notify the applicant of the transfer.
Refusing requests
Practical refusal reason (s 24AA)
A request for access to documents may be refused under s 24 on the basis of a
practical refusal
reason, but only after undertaking a
request consultation process.
A practical refusal reason exists where:
the work involved in processing the request would substantially and unreasonably
divert the resources of AGWA from its other operations; or
the work involved in processing the request would substantially and unreasonably
interfere with the performance of the Minister’s functions; or
the documents cannot be identified from the information provided in the request (as
required by s 15(2)(b)).
Subsections 24AA(2) and (3) set out matters to which the decision-maker must and must not have
regard in deciding whether a practical refusal reason exists.
Request consultation process (s 24AB)
Before making a decision to refuse access under s 24, the decision-maker must give written notice of
their intention to refuse access. The s 24AB notice must state the following:
the decision-maker's intention to refuse access to a document as requested;
the practical refusal reason;
the name and contact details of an officer with whom the applicant may consult
during the process;
that the consultation period during which the applicant may consult the contact
person is 14 days after the applicant is given the notice.
The 14 day request consultation process may be extended by the contact person with the applicant's
agreement, by issuing a written notice to the applicant.
Before the end of the consultation period, the applicant must, by written notice to the department,
either:
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withdraw the request;
revise the request; or
indicate that they do not wish to revise the request (s 24AB(6)).
If the applicant contacts the contact person during the consultation period in accordance with the
notice,
reasonable steps must be taken to assist the applicant to revise the request so that the
practical refusal reason no longer exists. 'Reasonable steps' include:
giving the applicant a reasonable opportunity to consult with the contact person
providing the applicant with any information that would assist the applicant to
revise the request.
The request is taken to have been withdrawn if the applicant does not provide a written notice
under s 24AB(6), or does not consult the contact person during the consultation period.
Documents cannot be found or do not exist (s 24A)
A decision-maker may decide to refuse a request for access to a document under s24A if, after
taking all reasonable steps to find the document, the decision-maker is satisfied that the document:
cannot be found;
does not exist; or
is unable to be obtained from a contracted service provider, as required by a
contract (see s 6C).
The extent to which AGWA is required to undertake 'all reasonable steps' to find a document
depends on the circumstances of each case, having regard to the knowledge and experience in
relation to:
AGWA’s structure, functions and responsibilities;
AGWA’s administrative practices and procedures (including, for example, its
information management systems and record-keeping practices);
the nature and age of the requested documents, and the officers or area that
may have been responsible for creating or retaining those documents.
Vexatious applicants
Under s 89K of the FOI Act, the Information Commissioner may declare a person to be a 'vexatious
applicant' following an application by AGWA or the Minister, or on the Information Commissioner's
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own initiative. A vexatious applicant declaration may be made on any of the following grounds
(s89L):
the person has repeatedly engaged in access actions (eg, making FOI requests)
that involve an 'abuse of process'; or
the particular access action / FOI request involves an abuse of process in itself; or
the particular access action / FOI request is manifestly unreasonable.
An
abuse of process includes (but is not limited to):
harassing or intimidating an AGWA employee;
unreasonably interfering with the AGWA’s operations; or
trying to use the FOI process to circumvent restrictions on access to a document
already imposed by a court.
Charges
S 29 of the FOI Act authorises agencies to charge for processing an FOI request and providing access
to documents. However, no charge is payable:
where an applicant is seeking access to their own personal information;
in the case of a deemed refusal decision, where AGWA has not notified the applicant of its
decision in relation to the request (i.e., whether to grant or refuse access to documents)
within the statutory timeframes (taking into account any extensions of time or discounted
time); and any amount already paid by the applicant must be refunded;
for the first five hours of decision-making time.
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Estimating charges
PROCESSING – search and retrieval
TIME (in hours)
COST
Search and retrieval of electronic and registry files
0.00
$15.00 per hour
Search files and tag relevant pages
0.00
$15.00 per hour
Preparing schedules detailing all relevant documents
0.00
$15.00 per hour
PROCESSING – decision making
TIME (in hours)
COST
Examine relevant pages for decision making
0.00
$20.00 per hour
Exempted pages additional complexity
0.00
$20.00 per hour
Pages released with deletions (to cover time needed to redact
0.00
$20.00 per hour
the material)
Consultation with third parties
0.00
$20.00 per hour
Preparation and notification of decision
0.00
$20.00 per hour
(Decision-making Subtotal minus deduction of 5 hours)
-5.00
$0.00 per hour
ACCESS AND DELIVERY
PAGES
COST
Transcription (production of transcripts or sound recordings)
xx
$4.40 per page
Photocopying
xx
$0.10 per page
Electronic production
xx
actual cost
Replaying of sound or film
xx
actual cost
Delivery (packaging and postage costs)
xx
actual cost
Inspection of documents
xx
$6.25 per ½ hour
$20 where total estimate between $25-
$100
DEPOSITS
25% of total estimate if over $100
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Waiving or reducing charges
The authorised officer has the discretion to waive or reduce the amount of charges considering:
whether payment would cause financial hardship to the applicant, taking into
account evidence of the applicant's financial circumstances; and
whether giving access to the documents in question is in the general public
interest, or in the interest of a substantial section of the public.
Notification of charges
If a decision is made to impose a charge, written notice must be given to the applicant as soon as
possible stating:
that the applicant is liable to pay a charge;
the preliminary assessment (estimate) of the charge amount and the basis of the
calculation;
the amount required, and due date for payment;
the applicant’s right to contend that the charge has been wrongly assessed, or
should be reduced or waived;
that the applicant must respond in writing within 30 days (or such further period
as stated) by :
agreeing to pay the charges (and paying the deposit); or
contending that the charge has been wrongly assessed, or should be reduced or
not imposed, with supporting reasons; or
withdrawing the request;
that the request will be deemed to be withdrawn if the applicant does not
respond within the 30 day period.
Once a charge notice is issued, the FOI clock stops until the relevant deposit or amount of charges
has been paid or, following a review under the FOI Act, the applicant is notified of the review
decision
. If the charges or a deposit for the charges is not paid, or a written notification from the
applicant is not received within 30 days (or any further period granted at the discretion of AGWA),
the request for access is deemed to have been withdrawn. The applicant is to be contacted and
advised that the application has been taken to be withdrawn, due to non-payment of a deposit or
non-response to correspondence.
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Payment of the balance of charges should be adjusted if the actual charges are less than the
estimated amount. If the actual charges are higher than the estimate, the higher amount can only be
charged if access is granted to the documents in full. Documents are not released to the applicant
until the balance of charges is paid.
Third party consultation
A decision to consult third parties should be made early in the FOI process. The decision-maker can
extend the 30 day timeframe by a further 30 days where third party consultation is required
provided the applicant is notified in writing. Third party submissions are not binding on the decision-
maker but must be taken into consideration. If a decision is made to grant access to information
where a third party objected, written notice of the decision must be provided to the third party and
the applicant. Third parties retain review rights.
Informal consultation between Commonwealth agencies is good practice in relation to documents
which may concern or affect the interests of those agencies.
State or Territory Government (s 26A)
Consultation with a State Government is required where:
arrangements have been entered into between the Commonwealth and the
State about consultation; and
a request is made for a document that originated with, or was received from the
State Government or an authority of the State, or contains ‘State-originated
information’; and
it appears the State concerned may reasonably wish to make a contention
against release of the information (in particular under s 47B).
The decision-maker cannot decide to grant access to a document unless such consultation has taken
place (s 26A(2)).
Business (s 27)
Consultation with a person, organisation or proprietor of an undertaking may be required where:
a document contains ‘business information’ in respect to a person, organisation
or undertaking; and
that person, organisation or proprietor might reasonably wish to make a
contention against release of the information.
If it is reasonably practicable to do so, the person or organisation must be given a reasonable
opportunity to make a written submission to support their contention that that the document is:
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exempt under s 47 (trade secrets); or
conditionally exempt under s 7G (business) and release would, on balance, be
contrary to public interest (s 11A(5)).
Personal privacy (s 27A)
Consultation with individuals may be required where:
a document contains personal information about a person (including a deceased
person); and
it appears that the person (or the person’s legal representative) might reasonably
wish to contend against the release of the document.
If it is reasonably practicable to do so, the person concerned must be given reasonable opportunity
to make a written submission to support their contention that the document is conditionally exempt
under s 47F (personal privacy) and release would, on balance, be contrary to the public interest (s
11A(5)).
Foreign governments
Consultation with a foreign government, authority of a foreign government or an international
organisation may be required to determine whether a document is:
exempt under s 33(a)(iii) (damage to international relations of the
Commonwealth); or
exempt under s 33(b) (information communicated in confidence by a foreign
government, etc.).
Consultation on these documents should also be undertaken through DFAT. Submissions made by
foreign governments, etc. are not binding on the decision-maker, but must be taken into
consideration in deciding whether or not to grant access to documents.
Exemptions and conditional exemptions
There are two types of exemption categories for documents within the FOI Act:
exempt documents – not required to be released under the FOI Act;
conditionally exempt documents – must be released unless it can be established
that disclosure would be contrary to the public interest.
Public interest test (s 11B)
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'Public interest' is not specifically defined in the FOI Act, however, the concept refers to something
of serious concern or benefit to the public, and not merely of individual interest. Something that is
contrary to the public interest means that on balance, the detriment that would result from
disclosure outweighs the benefits of releasing that information.
Factors favouring access (non-exhaustive)
Factors not to be taken into account
promote the objects of the FOI Act (note:
access to the document could result in embarrassment
presumption towards pro-disclosure)
to the Commonwealth Government, or cause a loss of
inform debate on a matter of public importance
confidence in the Commonwealth Government
promote effective oversight of public expenditure access to the document could result in any person
allow a person to access his or her own personal
misinterpreting or misunderstanding the document
information
the author of the document is (or was) of high seniority
in the agency to which the request for access to the
document was made
access to the document could result in confusion or
unnecessary debate
The OAIC
'Conditional Exemptions Guidelines' set out a non-exhaustive list of factors against
disclosure. These factors include where disclosure could reasonably be expected to:
prejudice the protection of an individual's right to privacy;
prejudice security, law enforcement, public health or public safety;
impede the administration of justice, either generally or in a particular case;
prejudice an agency's ability to obtain confidential or similar information in the
future;
prejudice the competitive commercial activities of an agency;
prejudice the management functions of an agency;
prejudice the effectiveness of testing or auditing procedures.
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Relevant
Examples of document type
Reason for exemption – possible effect of
Provision
disclosure
Exemptions
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National security, defence or international relations
Disclosure would, or could reasonably be expected
documents concerning any of the above
to:
information communicated in confidence by a Foreign cause damage to the security of, the defence of, or
Government or international organisation
the international relations of the Commonwealth
divulge information communicated in confidence
to the Commonwealth by, or on behalf of, a
Foreign Government or international organisation.
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Cabinet documents
To maintain the confidentiality necessary for the
submitted to Cabinet or proposed to be submitted
proper functioning of Cabinet.
and was brought into existence for the dominant
purpose of consideration by Cabinet
Exceptions: - where deliberations or decisions have
official record of Cabinet
been officially disclosed or published
dominant purpose of briefing a Minister on a Cabinet
if the matter in the Cabinet document or
document
discussion paper is purely factual and release will
a draft of any of the above
not reveal the deliberation or decision process of
where it is a copy or part of, or an extract from a
Cabinet
Cabinet process/deliberation is included
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Secrecy provisions of enactments
Disclosure is prohibited under provisions in another
Act
42
Legal professional privilege
Document would be privileged from production in
documents created for giving or receiving legal advice, legal proceedings on the ground of legal professional
or for use in actual or anticipated litigation
privilege.
Exceptions: information is operational information of
an agency or the legal professional privilege has
been waived.
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Material obtained in confidence
Where disclosure would be actionable by law for
documents containing information which was
breach of confidence by a person (other than an
communicated and received on the basis of a mutual
agency or the Commonwealth)
understanding of confidence
o if it were disclosed would be an
unauthorised use
of the information
o by its disclosure would cause the confider to suffer
a detriment
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Contempt of Parliament or court
Disclosure would be:
documents which are protected by the courts and
in contempt of court
their proceedings
contrary to an order made, or direction given, by a
documents subject to an order of a Royal
Royal Commission, tribunal or similar body
Commission, tribunal or other body having power to
an infringement of the privileges of the
take evidence on oath
Commonwealth or of a State or Territory
documents and records of evidence presented to
parliament
Parliament
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47
Trade secrets or commercially valuable
Where disclosure:
trade secret documents or other information having a
could reasonably be expected to destroy or
commercial value or activity
diminish the business/commercial value of the
information if disclosed
Conditional exemptions
Note: Access must be given to a conditionally exempt document unless it would be contrary to the public interest (s
11A).
47B
Commonwealth-State relations
Disclosure would, or could reasonably be expected to:
documents that originated with, or were
cause damage to relations between the Commonwealth
received from a State agency
and a State
information or matter communicated in
divulge information communicated in confidence to the
confidence by (or on behalf of) a State
Commonwealth by or on behalf of a State
Government to the Commonwealth
47C
Deliberative processes
Disclosure would, or could reasonably be expected to:
documents disclosing opinion, advice,
disclose matter of opinion, advice, recommendation,
recommendation, consultation or deliberation
consultation or deliberation occurring as part of the
occurring as part of the deliberative processes
deliberative processes involved in the functions of an
involved in the functions of an agency, a
agency, a Minister or a Government.
Minister or Government
Exceptions: does not include
either operational information (s 8A) or purely factual
material
reports of scientific or technical experts (whether or not
employed within an agency)
reports of a body or organisation that is established
within an agency
record of a final decision in the exercise of power or an
adjudicative function
47D
Financial or property interests of the Disclosure would have a substantial adverse effect on the
Commonwealth
financial or property interests of the Commonwealth or of
documents concerning revenue generating
an agency
activities
documents concerning property interests
(other than buildings or land)
47E
Certain operations of agencies
Disclosure would, or could reasonably be expected to:
prejudice tests, examinations or audits conducted by an
Documents necessary for the proper conduct of
agency, or their attainment
the operations of an agency, including:
have an adverse effect on the management or
procedures and methods for tests,
assessment of personnel
examinations or audits
have a substantial adverse effect on the proper and
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management or assessment of personnel
efficient conduct of the operations of an agency
47F
Personal privacy
Disclosure of the document would result in the
documents containing information relating to
unreasonable disclosure of personal information about any
a natural person, which may be in the form of
person (including a deceased person). In determining
an opinion
whether disclosure is unreasonable, consideration by an
the individual is identified in the information
agency or Minister must have regard for:
or is reasonably able to be identified
the extent to which the information is well known
availability of the information from publicly accessible
sources
whether the person is associated with the matters dealt
Exceptions: the person identified in the
with in the document
document is requesting the information; or they any other matters the agency or Minister consider
have nominated a qualified person to access the
relevant
information on their behalf
47G
Business
Disclosure would or could reasonably be expected to:
documents containing information about a
affect that person adversely in respect of their lawful
natural person and their business, professional
business or professional affairs
or financial affairs
adversely affect an organisation in respect of its lawful
documents containing information about an
business, commercial or financial affairs
organisations business, commercial or financial prejudice the future supply of information to the
affairs or undertaking
Commonwealth or of a Territory or matters administered
by an agency
47H
Research
Disclosure of the information before the completion of the
documents containing information relating to
research would be likely to unreasonably disadvantage the
research being, or is to be, undertaken by an
agency or officer
officer of CSIRO or ANU
47J
The economy
Disclosure would or could reasonably be expected to have a
substantial adverse effect on Australia’s economy by:
Documents containing matter relating to any of influencing a decision or action of a person or entity
the following (but not limited to):
giving a person undue benefit or detriment in the
currency and exchange rates, interest rates
business undertaken by the person, through premature
taxes, including duties of customs or excise
knowledge of proposed or possible action or inaction of a
regulation/supervision of banking, insurance
person or entity.
and other financial institutions
proposals of expenditure
Substantial adverse effect on Australia’s economy includes
foreign investment in Australia
adverse effect on:
borrowings by the Commonwealth, State or an
a particular sector of the economy
authority of the Commonwealth or State
the economy of a particular region of Australia
Notice of decision and statement of reasons
The applicant must be notified in writing of decisions under the FOI Act, accompanied by a
statement of reasons and a notice of review rights.
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A third party must be notified of a decision to grant access to a document where that third party has
made a contention against release as part of a consultation process.
A statement of reasons should set out:
the name and designation of the decision-maker;
findings on material questions of fact, referring to the material and evidence on
which those findings were based;
clear reasons for the decision.
Merits review
The FOI Act provides for three tiers of merits review that are available to FOI applicants in relation to
‘access refusal decisions’, and to certain third parties in relation to ‘access grant decisions’:
internal review by the agency;
review by the Information Commissioner;
review by the AAT.
Internal reviews must be undertaken within 30 days after the decision was notified and must be
conducted by a person other than the original decision-maker.
FOI Information Publication Scheme
In accordance with s 11C of the FOI Act, where AGWA gives access to a document under s 11A of the
FOI Act, AGWA must publish that information on its website within 10 working days after the day an
applicant is given access to the documents.
In addition, AGWA is required by s 11C to publish a disclosure log on its website. The disclosure log
lists information which has been released in response to an FOI access request. The disclosure log
requirement does not apply to:
personal information about any person if publication of that information would
be ‘unreasonable’
information about the business, commercial, financial or professional affairs of
any person if publication of that information would be ‘unreasonable’
other information covered by a determination made by the Australian
Information Commissioner if publication of that information would be
‘unreasonable’
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any information if it is not reasonably practicable to publish the information
because of the extent of modifications that would need to be made to delete the
information listed in the above dot points.
Office of the Australian Information Commissioner
Telephone: 1300 363 992
Email:
xxx@xxxx.xxx.xx
Post:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
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Schedule 1: FOI Officer Checklist
Done?
Action
Receive request – date stamp if in hardcopy.
☐
Clock starts.
Advise Chief Operating Officer of request.
☐
Assess applicant /request
☐
Who is the applicant?
Is it a
sensitive or significant request (*see criteria)?
o If yes – Chief Operating Officer to act as decision-maker.
o If routine – Chief Operating Officer may appoint an Authority Officer as decision-maker.
o Decision-maker may appoint an FOI action-officer.
FOI action officer to assess request – valid?
☐
1. Is it in writing?
2. State it is for the purposes of the FOI Act?
3. Provide sufficient information to be able to identify the documents requested?
4. Include contact details for corresponding with and sending documents to?
If not a valid request, contact the applicant for more information.
Does anything need to be clarified first with the applicant?
Are they making a claim for financial hardship?
Can this information be provided outside the FOI Act?
Identify relevant divisions that may have documents within the scope of the
request.
☐
Notification (to be sent soon as practicable after validating request)
☐
Prepare a notification for the Chief Operating Officer to send to the Minister’s office (see criteria and
template above).
Send
acknowledgement letter or email to applicant (within 14 Calendar days) (Acknowledgement of FOI
☐
Request Received – [
AWBC-288105].
Register the request in the document management system (under Information Management – Freedom of
☐
Information – Freedom of Information Enquiries). Name the folder using the applicant’s name and date
(mm/yyyy).
☐
Save a copy of the FOI request into the folder. The ID created in the document management system becomes
the FOI Request Id.
☐
Start a new
FOI Tracer using the template under Freedom of Information Templates [
AWBC-288979] and file
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into the new FOI folder.
Start tracking time spent processing the request via the timesheet in the FOI Tracer.
☐
Email identified divisional staff:
☐
FOI Request
FOI Search Checklist [
AWBC-289005]
Time frame (
generally 5 working days)
Maintain contact with identified staff – have you received confirmation that the tracer has been received?
☐
1. If no contact by day 5 – follow up by phone and email.
2. Discuss whether there is an indication that the scope might be too big or voluminous and whether
any sensitivities might exist.
Receive documents and returned FOI Search Checklist from identified staff by due date.
☐
Ensure FOI Search Checklist includes an estimate of the time taken to search and retrieve the documents.
Calculate estimate of charges and required deposit and draft charges letter to applicant [
AWBC-288103]
☐
[if relevant – update letter to advise of third party consultation and extra 30 days of processing]
Have regard to any claim for financial hardship.
Have charges approved by the Chief Operating Officer before sending letter to applicant.
Clock stops (deposit required before any further action).
Has deposit been received within 30 calendar days?
☐
Yes – resume processing request – clock starts.
No – applicant is deemed to have withdrawn the request. Notify the applicant of the withdrawn
request. Close file and update records.
Process the receipt of deposit
immediately (within 24 hours of receipt)
☐
Build schedule of documents [
AWBC-288110]
☐
Review documents [
identify third parties and
make an initial assessment on exemptions]
☐
Draft and send consultation letters to third parties
☐
Log third party responses
☐
Start redacting/making decisions (including decisions on disclosure log) – record notes on wording / reasons
☐
Update final timesheets
☐
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Calculate final charges having regard to initial estimate and deposit paid. Calculate difference.
☐
Finalise Decision Letter, Schedule and Update Charges letter
☐
Send to applicant – await outstanding monies before sending documents.
☐
If
significant or sensitive request, Chief Operating Officer to send documents to the Minister’s office Include
☐
request, decision and schedule of documents to be released.
Once applicant pays outstanding monies, clock starts – receipt payment and send documents to applicant:
☐
Notice of Access Grant Decision [
AWBC-288109]
Notice of Access Refusal Decision [
AWBC-288108]
Follow-up with third parties on decision.
☐
Finalise FOI Tracer.
☐
When third party appeal period has lapsed – release documents to applicant (if applicable) and to the FOI
☐
disclosure log.
Arrange for documents/details to be published to disclosure log on the AGWA website. If sensitive – ensure log
☐
records how third parties can request those documents (rather than publishing to the AGWA website).
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Document Revision History
Date
Section
Summary of Revision
Created
December 2014
Document Version
1.0
Prepared by
Legal and Governance Services Officer
Approved by
Date of Approval
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