FOI Fact Sheet 8
Freedom of information – Exemptions
December 2010
The right to access documents held by government is subject to certain limitations that ensure that sensitive
information, including personal, secret or national security information, is properly protected. If you
request a document from an Australian Government agency or minister under the
Freedom of Information
Act 1982 (the FOI Act), you may not be given access to the document if it falls within one of the categories
of exemptions under the FOI Act. There are two types of exemptions: documents which are exempt, and
documents which are conditionally exempt and will not be released if their disclosure would be contrary
to the public interest. If an agency or minister decides not to provide a document to you because the
document falls within one of the exempt or conditionally exempt categories, they must explain their reasons
in the notice of decision they give you. If exempt information can be deleted from part of a document, an
edited copy of the document can be provided. If you do not agree with the agency’s or minister’s decision,
you can ask for the decision to be reviewed by the agency or the Australian Information Commissioner.
Exemptions
Conditional exemptions
There are nine categories of exemptions under the
Another eight categories of document are
FOI Act. If a document meets the criteria for one of
conditionally exempt under the FOI Act. They are
these categories, an agency or minister can refuse
documents relating to:
to release it. The categories are:
• Commonwealth-State relations
• documents affecting national security, defence
• deliberative processes relating to agencies’ or
or international relations
ministers’ functions
• Cabinet documents
• the Commonwealth’s financial and property
• documents affecting enforcement of law and
interests
protection of public safety
• certain operations of agencies (such as audits,
• documents to which secrecy provisions in other
examinations and personnel management)
legislation apply
• personal privacy
• documents subject to legal professional privilege
• business affairs
• documents containing material obtained in
confidence
• research (by the CSIRO or the Australian
National University)
• documents whose disclosure would be in
contempt of Parliament or in contempt of court
• Australia’s economy.
• documents disclosing trade secrets or
If a document meets the criteria for one of the
commercially valuable information
conditional exemptions, a further step applies in
• electoral rolls and related documents.
deciding whether to release the document. The
decision maker must consider whether in the
FOI Fact Sheet 8 – Freedom of information: Exemptions
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circumstances giving access to the document would
Edited documents
be contrary to the public interest. Access cannot
If a decision maker determines that part but not all
be refused simply because the document falls
of a document contains exempt information, they
within one of the conditional exemption categories:
may delete the exempt information to allow the rest
release must also be contrary to the public interest.
of the document to be disclosed. Information that
is irrelevant to the scope of the request may also be
The public interest test
deleted.
In deciding where on balance the public interest lies,
the decision maker must weigh factors favouring
The decision maker should state in their reasons
access and those favouring non-disclosure.
where there has been editing and on what grounds.
The editing should also be clearly indicated on the
The FOI Act sets out some factors that favour giving
copy that is provided.
access when applying the public interest test.
These factors include whether giving access would
promote the objects of the Act, including scrutiny
Discretion to disclose
of government activity and promoting public
An agency or minister can decide to disclose
participation in government decision making.
a document even if the document meets the
exemption criteria.
The FOI Act also sets out some factors which
must not be taken into account. They include
embarrassment to or a loss of confidence in the
Can I seek a review of the decision?
government, misunderstanding, confusion or
Yes. If you disagree with the decision of a
unnecessary debate, and the seniority of the
government agency or minister about access to
document’s author.
information under the FOI Act, you can ask for
The public interest factors will differ from case to
the decision to be reviewed. See FOI Fact Sheet
case and will be influenced by the criteria in the
Freedom of information - your review rights for
conditional exemption that applies.
more details.
Reasons for decisions
The information provided in this fact sheet is of a
general nature. It is not a substitute for legal advice.
If an agency or minister decides to refuse your
request for access to a document, they must
give you reasons for their decision. This includes
an explanation of the exemption or conditional
For further information
exemption that they say applies. Where the
decision maker concluded that giving access to a
telephone: 1300 363 992
conditionally exempt document would be contrary
email: xxxxxxxxx@xxxx.xxx.xx
to the public interest, they must set out the factors
write: GPO Box 2999, Canberra ACT 2601
that they considered.
or visit our website at
www.oaic.gov.au
The requirement to give reasons does not oblige
a decision maker to confirm or deny the existence
of a document which would be exempt because it
affects national security, defence or international
relations, or where disclosure of its existence could
prejudice an investigation or affect the enforcement
or administration of the law.
FOI Fact Sheet 8 – Freedom of information: Exemptions
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