Agency Resource 6
Freedom of Information
September 2011
Making a decision on an FOI access request
This checklist aims to help decision makers to identify the key steps in making a decision on a request for
access to documents under the Freedom of Information Act 1982 (FOI Act). You should refer to the FOI
Guidelines for full details: Part 8 (Decisions on FOI requests).
Preliminary steps
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Analyse
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Locate material
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Consider transfer
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Calculate charges
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Consult
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Assess and decide
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Notify
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Provide access
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Consider publishing
Preliminary steps
 Make sure you have authority to make decisions under the FOI
Act for your agency. Check your agency’s authorisation instrument
made under s 23 if you are uncertain.
 Make sure you are clear about the timeframes you need to meet.
Analyse
 Analyse the terms of the request broadly, avoiding a technical or
legalistic approach.
If the request is too vague or seems too large to be able to be
processed, consult the applicant as soon as possible to clarify the
request or see if the scope can be narrowed.
Locate relevant material
 Identify and collate the documents that are in the scope of the
request.
Consider transfer
If relevant documents originate from another agency, consider
whether a transfer of part or all of the request is appropriate.
Consult the relevant agency as soon as you consider transfer is a
possibility – processing time does not stop.
If relevant documents originate from an intelligence agency, you
must transfer the request or the relevant part of the request to
the responsible portfolio department.
Calculate charges
 If you decide to impose a charge for processing a request and
providing access to documents, the charge should fairly reflect
the work involved.
 Give the applicant an estimate of the charge and how it was
calculated. You can ask for a deposit of 25% of the total ($20 if the
estimate is less than $100).
 You can reduce or waive a charge on the grounds of financial
hardship, public interest or other relevant reasons.
Consult
 If you are thinking of releasing documents
that originate from or contain information of
a third party who has a right to be consulted,
undertake consultation under ss 26A, 26AA,
27 or 27A. Advise the applicant that the
processing time is extended by 30 days.
 If it appears another agency has an interest
in a document, consult that agency to make
sure you have as much information as
possible to enable you to make the correct
and preferable decision. The processing time
is not extended for this consultation.
Assess and decide
 Determine the relevant facts. Make sure any
findings of fact you rely on for your decision
are supported by the documents you have
collected and the available evidence.
 If claiming an exemption, make sure the facts
of the case clearly establish the necessary
elements. If there is doubt, reconsider
whether you should claim the exemption.
 If claiming a conditional exemption, make
sure the facts of the case clearly establish
the elements of the conditional exemption,
and then apply the public interest test. If the
test does not clearly establish that disclosure
would be contrary to the public interest, you
must release the document unless another
exemption applies.
 Consider whether it is possible to delete the
exempt material from the documents and
provide an edited version to the applicant.
Notify
 Provide access, in the form the applicant
requested, as soon as possible, unless a
third party was consulted under ss 26A,
26AA, 27 or 27A during the processing
stage. If a third party objected to the release
of a document, do not release it until all
the third party’s options for review of the
decision have run out.
 You can give access in a different form in
certain circumstances (s 20).
 You may defer access in certain circumstances
(s 21). Consider also if a person’s access to
their own personal information should be
given instead to a qualified person (s 47F).
Publish
 Consider whether you need to publish the
information that you have released in
your agency’s disclosure log. The following
information does not need to be published
in a disclosure log, if publication would be
unreasonable:
• personal information about any person
• information about any person’s business,
commercial, financial or professional affairs
• other information of a kind determined
by the Information Commissioner (any
determinations will be published on
the Office of the Australian Information
Commissioner’s website)
• any information that is not reasonably
practicable to publish because of the extent
of modifications needed to delete the
material listed above.
 Publish any other information you have
released to an applicant within 10 working
days of giving access.
 Send the applicant a statement of reasons
that explains your decision and the reasons
for it. (See the statement of reasons checklist.)
Provide access
 If you have decided to allow access to
documents in accordance with the request,
collect any outstanding charges first.
For further information
telephone: 1300 363 992
email: [email protected]
write: GPO Box 5218, Sydney NSW 2001
or visit our website at www.oaic.gov.au
Agency resource 6: Making a decision on an FOI access request
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