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Freedom of Information

The ACT Freedom of Information Act 1989 External Link (FOI Act) gives individuals the legal right to:

  • access documents held by ACT Ministers and their departments
  • ask for personal information to be changed if it is incomplete, out of date, incorrect or misleading
  • appeal against a decision not to grant access to a document or amend or annotate a personal record.

The FOI Act also requires agencies to make available information about the:

  • way they are organised
  • functions they have
  • types of decisions they make
  • arrangements they have for public involvement in their functions
  • documents they hold and how they can be accessed and
  • policies and procedures which are used in making decisions which affect members of the public.

Freedom of information (FOI)

FOI Requests

Those seeking information are encouraged to seek access by contacting the Department before resorting to the more formal FOI procedure. A request under the FOI Act should be made in writing (by letter or by using the FOI application form) requesting documents under the FOI Act. The request should:

  • identify the document(s) sought
  • provide as much information as possible about the document/s requested to assist in processing the request
  • supply a contact telephone number and address.

All FOI requests should be directed to:

The FOI Coordinator
Governance and Legal Liaison
ACT Department of Education and Training
GPO Box 158
Canberra  ACT  2601
Phone  (02) 6205 8229
Fax  (02) 6205 9453
TTY  (02) 6205 9314

Exemptions

The FOI Act sets out certain types of documents which may not be accessible (called exempt documents). Exemptions are generally used to protect essential public interests, confidential matters or the private or business affairs of others.

If the Department decides not to grant access to the documents requested, they will provide written reasons for the decision and advise the applicant of their rights of appeal.

Appeal Rights

If individuals are unhappy with the initial decision they may:

  • request the agency reconsider its initial decision (this is known as "internal review")
  • seek an independent review of the decision by the Administrative Appeals Tribunal ("AAT review") if the individual is not satisfied after the agency has conducted an internal review
  • complain to the Ombudsman about the agency's decision or action ("Ombudsman review")
  • also appeal if the agency does not provide reasons for the decisions made on the request or delays in informing the applicant.

Costs

There is no application fee for FOI requests. However processing charges may be applied in certain circumstances.

Documents