The Freedom of Information Act 1989 provides a legally enforceable right of access by any person to all documents in the possession of the ACT Government, subject to exemptions to protect the legitimate interests of the ACT Government and of third parties who deal with the Government.

Documents available

Several types of documents are available:

• those that are freely available on request and without charge, for instance, publications and reports and studies produced by or for the Authority available on this web site or from the Authority's Customer Service Centres;
• those available for sale, for instance documents that form part of the public register;
• those that may be available under the Freedom of Information Act 1989.

The Act gives a right to:

• see documents (including those about your personal affairs) held by ACT Ministers, their agencies and some statutory authorities;
• ask for information about you to be changed if it is incomplete, out of date, incorrect or misleading; and
• appeal a decision not to grant access to a document or amend or notate a personal record. 

The Authority’s Section 7 and 8 Statements give full details of the categories of documents available, facilities provided for access to documents and the documents that are provided by the Authority for an enactment or scheme administered by us.

Requests for access to information

If you are seeking information, you are encouraged to contact us first (see details below) before using the more formal Freedom of Information process.

To make a request, identify the documents you want by writing a letter or completing the Freedom of Information request form. Provide as much information as you can about the documents you are seeking access to (remember to mention that you wish to apply for access under the Freedom of Information Act and supply a contact telephone number.

If access is given, you will generally be provided with a photocopy of released documents via the post or courier, but in some cases, we will let you see the documents and will advise you when and where access to documents will be provided. Should you have a preference, please indicate this when making your application and you will given access in the form requested.

There is no fee for making a Freedom of Information request. However processing charges will apply after the first 10 hours and the first 200 A4 photocopies. Remission of processing charges can be sought on the grounds of personal affairs, financial hardship or public interest. Where a deposit has been sought or a charge notified, no further action needs to be taken, or access given, until payment is received.

All Freedom of Information requests should be directed to the FOI coordinator:

• post to FOI coordinator, Communications and Government Services at the general postal address;
• deliver to the Dickson Customer Service Centre;
• fax (02) 6207 1683; or
• phone (02) 6207 1685.

Responses to requests

When we receive your request, we must tell you within 14 days that we have received it. We must deal with as soon as possible, contact you about any difficulties in dealing with it, and within 30 days, tell you the decision on giving you access. The only exceptions to this are an extension of time is negotiated with you or consultation is required with other government departments or a third party whose business affairs are mentioned in the requested documents. In this case, you must be notified of the consultation and resulting extension of time.

On occasions, the application may relate to a matter which is known to be managed by another ACT Government department. In these cases, a partial or full transfer to that department may need to be arranged and you would be advised accordingly.

You have rights of review about decisions we make about giving you access. You can ask us to reconsider the decision as long as the Minister or Chief Planning Executive did not make it. You must apply for internal review within 28 days of being told of the decision. You will given the new decision within 14 days and written reasons if access or amendment is refused.

You can appeal to the Administrative Appeals Tribunal or complain to the ACT Ombusdman if still dissatisfied with the decision given. You can also appeal to the Administrative Appeals Tribunal if we do not respond within the time limits of 30 days for requests to see a document and 14 days for requests for an internal review.

The Administrative Appeals Tribunal is an idependent body responsible for reviewing administrative decision made by government departments. It can decide whether the decision made on your Freedom of Information request was correct. The Tribunal can agree with the decision made, change or reject the original decision and substitute its own decision. You must apply for an Administrative Appeals Tribunal review within 60 days of being told the decision, which attracts a fee.

The ACT Ombudsman has the power to investigate agency actions under the Freedom of Information Act, including decisions, delays and refusal or failure to act. The Ombudsman can review a Freedom of Information decision to ensure it was made in a fair and proper way. The Ombudsman can't substitute a decision, but can recommend that the original decision be changed. There is no fee payable for an Ombudsman review.