To gain access to documents, requests must:

Agencies cannot refuse an application merely because it does not sufficiently identify a document. The agencies must assist applicants to provide any necessary information [FOI Act s.15]. Agencies must respond within 30 days of receiving the request. After this time, the agency is deemed to have refused the request [FOI Act s.19].

Not all documents may be accessed. Those which are exempt are:

Certain categories of exemptions require the agency to consult with other third parties before deciding whether to apply the exemption. These are documents:

A person can apply for information about personal affairs to be amended where it is incomplete, incorrect, out of date or misleading. The agency may refuse to amend the document if:

The agency must advise the applicant of a refusal to amend the document and of the right to appeal. If an agency has refused to amend a record, an applicant can require the agency to place a notation on the record [Freedom of Information Act s 37].

An agency might refuse access to or correction of a record as requested. In either case, a person can apply for a review of that decision. In the first instance, this is by application to the Chief Executive of the agency. After that, a matter then can be reviewed by the Ombudsman or, if concerning the police, the Police Complaints Authority. Should the matter still remain unresolved an appeal can then be made to the District Court. Alternatively, an applicant may make an application direct to the District Court with seeking a review by the Ombudsman or the Police Complaints Authority.

FOI does not apply to all documents [Freedom of Information Act s 11]. Those which are exempt are:

Despite these exemptions, the Act encourages the disclosure of documents (including technically exempt documents) by an agency where these documents are not sensitive [s 14]. The exemptions are deliberately narrow to prevent too broad a coverage.

All people have the right to access documents containing personal information about themselves and if necessary to ask that the information be amended or that an explanation be attached to the record if the document contains information that is incomplete, incorrect, out of date or misleading [Freedom of Information Act ss 41, 48]. No fee is payable for amendment and maximum charges apply when seeking one's own personal information.

Regardless of when the file was created, a person can still access personal docments [s 12(2)(a)]. Agencies must consult with individuals before releasing documents containing personal information about them to another person [s 27A], except where no reasonable objection could be made. If the agency decides to release the documents those consulted may ask that the matter be reviewed internally and may also appeal to the Administrative Appeals Tribunal to oppose release [s 54, s 59A].

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)].

A number of Commonwealth agencies are not subject to the legislation at all and several others are excluded for certain types of documents (for example, documents concerning the competitive commercial activities of the particular agency). Exclusions are set out in Schedule to the Act. Several of the exempt agencies are engaged in commercial operations (such as CSIRO). Other organisations which have been excluded from the Act are concerned with matters such as Aboriginal self management, labour relations and Australian secret intelligence (for example, the Australian Security Intelligence Organisation and the Australian Security Intelligence Service).

Twenty agencies currently have exemptions for particular classes of documents, mainly relating to the agency's competitive commercial activities. These agencies (for example, the Commonwealth Attorney-General's Department, the Australian Postal Corporation and the Federal Airports Corporation) have had documents excluded as they would be significantly disadvantaged in their competition with private sector organisations who could obtain information about their operations through FOI legislation. Examples of other classes of documents that are protected include Australian Broadcasting Corporation and SBS program material. See Schedule 2 of the Freedom of Information Act.

Documents created prior to 1 December 1977 are not covered by the Act, and are, strictly speaking, not available. Older documents which can still be accessed are:

However, the Act encourages release of documents whenever possible and the Government discourages agencies from relying on this rule without good reason [s 14]. Under the Archives Act 1983 (Cth), documents more than thirty years old are available for public access by applying to any office of the Australian Archives.

Charges are often made for giving access. The maximum amount a person must pay for searching and retrieval of documents containing personal information about themselves is $30 and the maximum charge for search and retrieval and decision making time is $70. Fees and charges may be waived in cases of financial hardship, public interest or any other relevant circumstance [Freedom of Information Act ss 29(4),(5)]. There is no cost to access income support documents such as an application for child support payments and no charge for amendment to the applicant's personal information.

In most cases, a person denied access may apply for review; first an internal review by the principal officer of the agency concerned, and then to the Administrative Appeals Tribunal [Freedom of Information Act s 55]. An application for internal review must be lodged within 30 days of the applicant receiving a decision. An application fee of $40 is payable for an internal review.

If access to a document is denied an application for review may be lodged with the Administrative Appeals Tribunal. The application must be lodged within 60 days from the date the applicant received the internal review decision. An application fee of $500 is payable, although the Tribunal may waive this fee in cases of financial hardship.

Where a conclusive certificate has been issued, the Tribunal can only recommend the revocation of the Minister's certificate [Freedom of Information Act s 58]. Conclusive certificates may be issued for:

For more information about the Administrative Appeals Tribunal, see complaints against government.

If people have a complaint about the actions of a government agency in relation to FOI, a complaint may be made to the Commonwealth Ombudsman. The Ombudsman will not usually investigate a complaint if an internal review is available or it could be taken to the Administrative Appeals Tribunal.

The Ombudsman can compel people to answer questions or produce documents in the course of an investigation. The Ombudsman can make recommendations that actions or decisions be changed, but cannot actually change a decision. There is no fee for Ombudsman's services.

Before appealing to the Administrative Appeals Tribunal about a refusal to grant access, the person may first consult the Ombudsman for assistance. For more information on the role of the Ombudsman, see complaints against government.