Freedom of Information

Your rights

The Freedom of Information Act 1982 (FOI Act) gives any person the right to:

  • access copies of documents (except exempt documents) we hold;
  • ask for information we hold about you to be changed or annotated if it is incomplete, out of date, incorrect or misleading; and
  • seek a review of our decision not to allow you access to a document or not to amend your personal record.

You can ask to see any document that we hold. We can refuse access to some documents, or parts of documents that are exempt. Exempt documents may include those relating to national security, documents containing material obtained in confidence and Cabinet documents, or other matters set out in the FOI Act.

Documents available outside the FOI Act

You can get certain information, including personal information we hold about you, without following a formal process under the FOI Act.

You should also check the information we have published under the Information Publication Scheme and FOI Disclosure Log to see if what you are seeking is already available.

How to make a request

Your request must:

  • be in writing
  • state that the request is an application for the purposes of the FOI Act
  • provide information about the document(s) to assist us to process your request
  • provide an address for reply.

You can send your request:

By post: FOI Contact Officer, National Capital Authority, GPO Box 373, Canberra ACT 2601

By email: foi@natcap.gov.au

If you ask a third party to make an FOI request on your behalf, you need to provide a specific, written authority to send copies of documents to you, care of that person, or to allow that person to inspect copies of documents containing information about you.

If you require assistance with your request, please contact the FOI Contact Officer on (02) 6271 2888 or by email to foi@natcap.gov.au

Fees and charges

There is no application fee for an FOI request.
There are no processing charges for requests for access to documents containing only personal information about you. However, processing charges may apply to other requests. The most common charges are:

  • Search and retrieval: time we spend searching for or retrieving a document - $15.00 per hour
  • Decision making: time we spend in deciding to grant or refuse a request, including examining documents, consulting with other parties, and making deletions - First five hours: Nil (Subsequent hours: $20 per hour)
  • Transcript: preparing a transcript from a sound recording, shorthand or similar medium - $4.40 per page of transcript
  • Photocopy: $0.10 per page
  • Inspection: supervision by an agency officer of your inspection of documents or hearing or viewing an audio or visual recording at our premises - $6.25 per half hour (or part thereof)
  • Delivery: posting or delivering a copy of a document at your request - Cost of postage or delivery

If we decide to impose a charge, we will give you a written estimate and the basis of our calculation. Where the estimated charge is between $20 and $100, we may ask you to pay a deposit of $20, or where the estimated charge exceeds $100, we may ask you to pay a 25% deposit before we process your request.

You can ask for the charge to be waived or reduced for any reason, including financial hardship or on the grounds of public interest. If you do so, you should explain your reasons and you may need to provide some evidence.

What you can expect from us

We will tell you within 14 days that we have received your request. We will also give you an estimate of the charges that apply to your request. We will give you our decision within 30 days unless that time has been extended. If a document contains information about a third party, we will need to consult them and may need to extend the time to give you our decision by another 30 days. We may also seek your agreement to extend the time by up to 30 days if your request is complex.

If you disagree with our decision

When we have made a decision about your FOI request, we will send you a letter explaining our decision and your review and appeal rights.

You can ask for the following decisions to be reviewed if we:

  • refuse to give you access to all or part of a document or if we defer giving you access;
  • impose a charge; or
  • refuse to change or annotate information about you that you claim is incomplete, incorrect, out of date or misleading.

A third party who disagrees with our decision to give you documents that contain information about them can also ask for our decision to be reviewed.

Internal review

You can request in writing that we reconsider our decision through an internal review. An internal review will be conducted by another officer in our agency. We will advise you of our new decision within 30 days of receiving your request.

Review by the Australian Information Commissioner

You can ask the Australian Information Commissioner to review our original decision or our decision on internal review within 60 days of the date of decision (or 30 days after you are notified if you are an affected third party). The Information Commissioner can affirm or vary the decision or substitute a new decision. The Information Commissioner may decide not to conduct a review in certain circumstances. More information is available at the Office of the Australian Information Commissioner (OAIC) website at www.oaic.gov.au [External Link].

Complaints

If you are unhappy with the way we have handled your request, you can complain to the Australian Information Commissioner who may investigate our actions. More information is available on the OAIC's website at www.oaic.gov.au [External Link]. The Commonwealth Ombudsman can also investigate complaints about our actions. However, the Commonwealth Ombudsman and the Information Commissioner will consult to avoid the same matter being investigated twice.

More information

If you require more information, please contact the FOI Contact Officer:

  • By post: National Capital Authority, GPO Box 373, Canberra ACT 2601
  • By phone: (02) 6271 2888
  • By email: foi@natcap.gov.au

Certain documents that we have released under the FOI Act can be obtained at our FOI Disclosure Log.

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Agency Plan to Information Publication Scheme

The Freedom of Information Act 1982 (FOI Act) extends the right of every person to access information in the possession of the Government of the Commonwealth.

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Disclosure Log

The Disclosure Log lists information which has been released in response to a Freedom of Information (FOI) access request.

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Freedom of Information Contact Officer

GPO Box 373, CANBERRA ACT 2601 or email to - FOI.Officer@natcap.gov.au

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