Freedom of Information Law & Lawyers
Access to government information under FOI legislation.
Freedom of Information Legislation
In Australia, the Freedom of Information Act 1982 was passed at the federal level in 1982, applying to all "ministers, departments and public authorities" of the Commonwealth.
There is similar freedom of information legislation in all states and territories as follows:
- Australian Capital Territory, the Freedom of Information Act 1989
- New South Wales, the Government Information (Public Access) Act 2009
- Northern Territory, the Information Act 2003
- Queensland, the Right to Information Act 2009
- South Australia, the Freedom of Information Act 1991
- Tasmania, the Right to Information Act 2009
- Victoria, the Freedom of Information Act 1982
- Western Australia, the Freedom of Information Act 1992
If you need legal help regarding access to information or any aspect relating to Freedom of Information law, then please complete your free legal enquiry form on the right, or click here.
The basic purposes of FOI legislation, and the benefits which it is intended to confer upon the relationship between citizens and government are as follows:
- to improve the quality of decision-making by government agencies in both policy and administrative matters by removing unnecessary secrecy surrounding the decision-making process;
- to enable groups and individuals to be kept informed of the functioning of the decision-making process as it affects them and to know the kinds of criteria that will be applied by government agencies in making those decisions;
- to develop further the quality of political democracy by giving the opportunity to all Australians to participate fully in the political process;
- to enable individuals, except in very limited and exceptional circumstances, to have access to information about them held on government files, so that they may know the basis on which decisions that can fundamentally affect their lives are made and may have the opportunity of correcting information that is untrue or misleading.
If you need legal help regarding access to information or any aspect relating to Freedom of Information law, then please complete your free legal enquiry form on the right, or click here.
The Freedom of Information Act
Some of the underlying principles and purpose pertaining to the creation of the Freedom of information laws are such that it:
- establishes for the Australian community a legally enforceable right of access to information held by Commonwealth ministers and government agencies, except where an essential public interest or the private or business affairs of persons may require confidentiality to be maintained
- gives Australian citizens and permanent residents the right to request amendment of government-held records relating to their personal affairs that are incomplete, incorrect, out of date, or misleading
- requires agencies to publish information about their organization and functions and the types of documents they hold and to make available manuals, rules, guidelines and precedents used in making internal decisions affecting the public.
If you need legal help regarding access to information, and please complete your free legal enquiry form on the right, or click here.
Further Resources - Freedom of Information Law & Lawyers
NEWS, UPDATES & FURTHER INFORMATION - Freedom of Information Law & Lawyers
The philosophy underlying the Freedom of Information legislation is that:
- when government is more open to public scrutiny it becomes more accountable
- if people are adequately informed and have access to information, there is likely to be more public participation in the policy-making process and in government itself
- groups and individuals who are affected by government decisions should know the criteria applied in making those decisions
Every individual has a right:
- to know what information is held in government records about him or her personally subject to certain exemptions to protect essential public interests
- to inspect files held about or relating to him or her
- to have inaccurate material on file corrected.
Freedom of Information Law
The freedom of information law requires that the public be provided access to governmental records. Public access may be denied if it would constitute an invasion of privacy.
If you need legal advice regarding Freedom of Information Law, then please complete your free legal enquiry form on the right, and we will put you in touch with a Freedom of Information Law lawyer nearest you, who can help you with Freedom of Information Law.
Our free legal enquiry service for Freedom of Information Law extends to all suburbs and locations throughout Australia.
Freedom of Information Law & Lawyers
In Australia, the Freedom of Information Act 1982 was passed at the federal level in 1982, applying to all "ministers, departments and public authorities" of the Commonwealth.
There is similar legislation in all states and territories:
Australian Capital Territory, the Freedom of Information Act 1989
New South Wales, the Government Information (Public Access) Act 2009
Northern Territory, the Information Act 2003
Queensland, the Right to Information Act 2009
South Australia, the Freedom of Information Act 1991
Tasmania, the Right to Information Act 2009
Victoria, the Freedom of Information Act 1982
Western Australia, the Freedom of Information Act 1992
If you would like legal help or legal representation from a specialist lawyer regarding any aspect of freedom of information law, then please complete your free legal enquiry form.
The Commonwealth Freedom of Information Act 1982 (the FOI Act).
The objects of the FOI Act are to give the Australian community broad access to information held by the Government by requiring agencies to proactively publish certain information and giving citizens a right of access to Government held documents. Information held by the Government is to be regarded as a national resource and treated accordingly.
The Office of the Australian Information Commissioner (OAIC)
The Office of the Australian Information Commissioner (OAIC) is an Australian Government agency, established under the Australian Information Commissioner Act 2010.
The OAIC has been established as part of major changes to federal freedom of information law made during 2010.
These reforms bring together, for the first time, functions relating to freedom of information and privacy, as well as new functions relating to information policy. The Office of the Privacy Commissioner, which was the national privacy regulator, was integrated into the OAIC on 1 November 2010.
The OAIC is an independent statutory agency within the Attorney General's portfolio and liaises with the Information Law and Policy Branch in the Attorney General's Department.
If you would like legal help or legal representation from a specialist lawyer regarding any aspect of freedom of information law, then please complete your free legal enquiry form.
The OAIC’s role in FOI
Freedom of information (FOI) is one of the three broad functions of the Office of the Australian Information Commissioner (OAIC). The main source of this function is the Freedom of Information Act 1982 (FOI Act).
The Information Commissioner, supported by the Freedom of Information Commissioner, works to promote awareness and understanding of the FOI Act among both agencies and the public, promote a pro-disclosure culture across government and provide external merits review of FOI decisions made by agencies and ministers.
If you would like legal help or legal representation from a specialist lawyer regarding any aspect of freedom of information law, then please complete your free legal enquiry form.
Establishment of the Office of the Australian Information Commissioner
The new Office of the Australian Information Commissioner (OAIC), established under the Australian Information Commissioner Act 2010, includes two new statutory officers, the Australian Information Commissioner and the Freedom of Information (FOI) Commissioner.
The Information Commissioner, supported by the FOI Commissioner, acts as an independent monitor of FOI matters and reviews FOI access decisions made by agencies and ministers.
The Information Commissioner has also taken over most of the Commonwealth Ombudsman's functions in investigating complaints about handling of FOI requests. The Ombudsman can still investigate complaints relating to FOI where that would be more appropriate or effective.
If you would like legal help or legal representation from a specialist lawyer regarding any aspect of freedom of information law, then please complete your free legal enquiry form.
Reforms to FOI access requests
Changes have been made to the FOI access request process, which:
•are directed at ensuring that the public's right of access to documents is as comprehensive as possible, and is restricted only where there is a stronger public interest in withholding access
•simplify and narrow the range of exemptions from access
•improve the process for requesting documents
•provide a new means of review of access decisions through the OAIC.
If you would like legal help or legal representation from a specialist lawyer regarding any aspect of freedom of information law, then please complete your free legal enquiry form.
Public interest test
A new single public interest test weighted towards disclosure now applies to a greater range of exemption categories. The FOI Act lists certain factors favouring access in the public interest. Factors favouring disclosure include:
•promotion of the objects of the FOI Act
•informing debate on matters of public importance.
Factors which are not conducive to open and accountable government, including potential loss of confidence in or embarrassment to the government, may no longer be used to support non-disclosure.
Decision makers are now required to address the public interest factors taken into account when they give reasons for their decision.
If you would like legal help or legal representation from a specialist lawyer regarding any aspect of freedom of information law, then please complete your free legal enquiry form.
Documents that can be accessed
An FOI access request may extend to documents held by a contracted service provider who is delivering services to the public on behalf of an agency. The agency must take contractual measures to ensure that if an FOI request is made, the agency receives documents that relate to the performance of the contract. A model clause has been drafted to assist agencies to meet that obligation for contracts entered into after 1 November 2010.
Exemption categories for Executive Council documents and documents relating to an agency's conduct of industrial relations have been repealed. There are limited exclusions of certain intelligence-related information, since the functions of intelligence agencies and other strategic defence programs would be compromised if the general standards of openness and transparency applied to them.
If you would like legal help or legal representation from a specialist lawyer regarding any aspect of freedom of information law, then please complete your free legal enquiry form.
Freedom of Information in Australia
The regulation of freedom of information in Australia is administered by the Department of the Prime Minister and Cabinet. This page has information on freedom of information including how to apply, Australian Government FOI contact officers, state and territory matters and links to other FOI sites. Research aids include links to the legislation and a history of the Act.
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