FOI Fact Sheet 11
Your rights if information about you or your business is
requested
July 2014
Every person has a right under the
Freedom of Information Act 1982 (FOI Act) to ask for access to
documents held by Australian Government agencies and the official documents of ministers. If someone
asks for documents that include information about you or your business, you have certain rights because
you have an interest in the outcome of the request. Your personal privacy and the impact on your business
are important considerations in deciding whether to release the documents.
What information can be requested?
There are also some types of documents which are
‘conditionally exempt’ under the FOI Act. Deciding
Any person can request access under the FOI Act to
whether to release a conditionally exempt document
documents held by government, including documents
involves two stages. First, a document will be
received from the public and the business community.
‘conditionally exempt’ from release if it:
All Australian Government agencies (except a small
number of agencies such as security and intelligence
contains information about your business and
agencies) and ministers (including parliamentary
release
secretaries) are subject to the FOI Act. Access will
o would (or could) unreasonably affect
generally be given unless a document falls within a
you or your business adversely, or
category of documents that are exempt or
conditionally exempt under the Act. A person’s reasons
o could prejudice the future supply of
for seeking access are not relevant to the decision
information to the Commonwealth
about whether to release a document.
affects your personal privacy and release
would involve the unreasonable disclosure of
Documents include papers, files, reports, maps, plans,
personal information about you.
photographs, sound recordings and films.
If the document satisfies the ‘conditional exemption’
When will information about me or my
test, the decision maker must then consider whether it
business be released?
would be contrary to the public interest to give access
to it. The decision maker will consider factors for and
Some information that government collects will not be
against giving access.
disclosed under the FOI Act because legislation
provides that it is secret. This includes certain
For example, releasing information may be likely to
information collected under taxation, child support,
harm a business’s commercial advantage in the
gene technology and patents legislation.
marketplace. This would be a factor against release, to
be weighed against factors that favour release. For
A document is exempt from disclosure if its release
example, there may be a strong public interest in
would disclose trade secrets or commercially valuable
knowing more about government regulation of your
information whose value would be diminished by its
business and other businesses.
release. An agency or minister may ask you for your
views on whether the exemption should apply to
For more information about conditional exemptions,
information in a document that relates to your
see
FOI Fact sheet 8 — Freedom of Information:
business (see the next section).
Exemptions.
FOI fact sheet 11: Your review rights if information about you or your business is requested
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Will I be asked for my opinion about
What should I do if I am asked for my
release?
views?
Yes, if the decision maker considers that you or your
If you object to the information being released, you
business might reasonably wish to make a submission
can make a submission to the decision maker
that a document is:
explaining why. You will need to do this within the
exempt because of trade secrets or
time specified by the decision maker.
commercially valuable information, or
How will my submission be taken into
conditionally exempt because of your personal
account?
privacy or business interests.
The decision maker will consider your submission
The decision maker must not decide to release a
before making a decision on whether or not to grant
document before you have had a reasonable
access. You have a right to express your view, but
opportunity to make a submission.
ultimately the decision will be made by the agency or
minister. It is open to the decision maker to decide to
When will the decision maker consider
release a document that is exempt or conditionally
that I might want to make a submission?
exempt.
A decision maker may form this view based on any
You will be notified if the decision maker has decided
relevant information, including whether:
to release the document.
the information about you or your business is
What if I disagree with a decision to
public or well known
release a document?
you and your business are known to be
associated with the subject matter of the
You can ask for the decision to be reviewed. The
information
person who is seeking the document will not be given
access until your opportunities for review have run out
it is reasonably practical to invite you to make
and any application for review has been decided.
a submission.
Generally you have 30 days to seek review after you
are notified of the decision.
Will I be told who asked for access?
How do I seek review of a decision?
You may speak to the agency about this. However, the
normal practice of agencies is not to disclose the name
There are two ways you can ask for review of a
of an individual applicant on privacy grounds unless
decision to release documents that concern you:
that person consents. If the decision is later reviewed
internal review by the agency, or external review by
by the Information Commissioner or the
the Information Commissioner. You should consider
Administrative Appeals Tribunal, it will be for the
seeking internal review first to give the agency an
Commissioner or the Tribunal to decide whether the
opportunity to reconsider its decision. If the head of
parties’ identities are disclosed.
the agency or a minister has made the decision, there
is no internal review – you can only ask for review by
the Information Commissioner.
For more information about the review process, see
FOI Fact sheet 12 — Freedom of information: Your
review rights.
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If the decision was not to release the
document, can the person who asked for
access seek review?
Yes. If the decision maker consulted you before
deciding to refuse access, you will be notified if the
applicant seeks internal review and the agency decides
to give access. At that point you will have the
opportunity to seek IC review before the document is
released. If the FOI applicant seeks IC review of the
decision to refuse access, you will be notified and have
a right to be part of the review proceedings.
Can I make a complaint about how an
agency handled the process?
Yes. You can complain to the Information
Commissioner about an agency’s actions under the FOI
Act. This is a different process from seeking review of
an agency decision that you disagree with. You cannot
complain to the Information Commissioner about a
minister’s actions.
Your complaint needs to be in writing and identify the
agency you are complaining about, and should give the
reasons for your complaint.
You can lodge your complaint:
online: www.oaic.gov.au
by post: GPO Box 5218, Sydney NSW 2001
email
: xxxxxxxxx@xxxx.xxx.xx
fax: +61 2 9284 9666
in person: Level 3, 175 Pitt Street, Sydney NSW 2000.
The information provided in this fact sheet is of a
general nature. It is not a substitute for legal advice.
For further information
telephone: 1300 363 992
email: xxxxxxxxx@xxxx.xxx.xx
write: GPO Box 5218, Sydney NSW 2001
Or visit our website at
www.oaic.gov.au
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