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How to get access

Requests for access to documents must be made in writing and provide sufficient information for the agency to identify the document sought. The request must be sent to a central or regional office of the agency as specified in the phone directory and the fee of $30 enclosed [Freedom of Information Act s 1]. To apply for documents aletter or e-mail will suffice and some agencies have their own printed application forms that can be used. It is suggested that a copy be kept for personal records.

Once a request is received by the agency it must be dealt with as soon as possible, within a maximum of thirty days [s 15]. Agencies have an extra thirty days to reply to requests requiring consultation with another person, business or state or territory government [s 15(6)]. There are a limited number of proper reasons for a department to defer giving access [s 21] (such as, until a document has been presented to Parliament). A document may be supplied with exempt or irrelevant matter deleted [s 22].

If inspection is requested agencies must allow access to a document at their office or at an Information Access Office (National Archives of Australia has appropriate facilities to provide access in the form requested) nearest to where the applicant resides [s 28]. Applicants are usually given copies of the documents or may ask to inspect the documents. If an agency fails to provide the documents in the form requested it is considered to be a refusal to grant access to the documents. Some exceptions apply [s 20(3)].

To make effective use of their rights applicants need to know where to look. To assist people, agencies must publish indices and information in their annual reports outlining the contents of their information systems [s 8]. Agencies must also periodically publish, and give to anyone who asks, certain types of documents. This includes any documents used by an agency in making decisions or recommendations affecting the rights, privileges or benefits of people under any scheme administered by the agency. In particular, the legislation specifies manuals or other documents containing interpretation rules, guidelines or precedent (even if it is a letter giving information to bodies or people outside of government) [s 9(1)].


How to get access  :  Last Revised: Wed Jul 17th 2002




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