freedom-of-information-act-1982.pdf, p.13
1 Short title
freedom-of-information-act-1982.pdf, p.239
Amendment of Sch 4 by Omnibus Repeal Day (Autumn 2014) Act
1 Apr 2005
freedom-of-information-act-1982.pdf, p.241
Transitional Provisions and Consequential Amendments
1 July 2007 (s 2(1)
1 Nov 2008 (s 2)
freedom-of-information-act-1982.pdf, p.242
1 Mar 2010
Freedom of Information Amendment (Reform) Act 2010
Classifies legislative provisions into a deontic model
Commencement provision for Sch 2 (item 42)
The provision is in effect during the period from January 1, 2011 to December 31, 2010
During January 1, 2011 - December 31, 2010
freedom-of-information-act-1982.pdf, p.243
Amended by Statute Law Revision Act 2012
1 July 2011 (s 2(1)
freedom-of-information-act-1982.pdf, p.246
Amendment by Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015
freedom-of-information-act-1982.pdf, p.233
1 Dec 1982 (s 2 and gaz
Amendment by Territories Legislation Amendment Act 2016
1 July 2016 (s 2(1)
freedom-of-information-act-1982.pdf, p.249
Consequential Amendments and Transitional Provisions
1 July 2019 (s 2(1)
freedom-of-information-act-1982.pdf, p.250
Archives and Other Legislation Amendment Act 2021
1 Mar 2021
freedom-of-information-act-1982.pdf, p.251
Amendment (Enhancing Engagement) Act 2023
1 Apr 2022
1 June 1983
Public Service Reform Act 1984, section 46
1 Jan 1984 (s 2 and gaz
Transitioning provisions and consequential amendments
1 July 1984 (s 2(4) and
freedom-of-information-act-1982.pdf, p.237
1 Sept 1999 (s 2(2) and
freedom-of-information-act-1982.pdf, p.238
1 Oct 2001
1 July 2003 (s 2(1)
freedom-of-information-act-1982.pdf, p.49
10 Unpublished operational information
10 Dec
Financial Sector Reform (Hayne Royal Commission Response—Better Advice) Act 2021
10 Sept
freedom-of-information-act-1982.pdf, p.253
Legislation history for Freedom of Information Act 1982
freedom-of-information-act-1982.pdf, p.254
Conditional commencement of the Administrative Review Tribunal (Miscellaneous Measures) Act 2025
Requires a relation between identifiable temporal intervals for conditional commencement
Commencement and application provisions for the 50, 2006 regulation.
10 Nov
freedom-of-information-act-1982.pdf, p.236
10 Mar 1993 (s 2)
Commencement dates for certain items in Schedule 1
freedom-of-information-act-1982.pdf, p.245
Consequential and transitional provisions
Agency must publish operational information if it has existed for more than 12 months.
10(1) Unpublished operational information
Agency must publish operational information.
Avoid prejudice from unpublished information
10(2) Unpublished operational information
Prohibits subjecting person to prejudice
Agency principal officer may perform functions on behalf of the agency.
10A Who performs functions etc. given to agencies
freedom-of-information-act-1982.pdf, p.50
10B Transitional—Norfolk Island authorities
During the specified period, this Part does not apply.
freedom-of-information-act-1982.pdf, p.51
11 Right of access
freedom-of-information-act-1982.pdf, p.248
11 Apr
National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Act 2023
11 Aug
freedom-of-information-act-1982.pdf, p.235
11 Dec
11 Nov
Conditional commencement of Transport Safety Investigation (Consequential Amendments) Act 2003
11 June 2011 (s 2(1)
freedom-of-information-act-1982.pdf, p.244
freedom-of-information-act-1982.pdf, p.247
Conditional commencement of Trade Legislation Amendment Act (No. 1)
11 Feb
11(1) Right of access
Right of access is not affected by reasons given for seeking access.
11(2) Right of access
a person’s right of access is not affected by: (a) any reasons the person gives for seeking access; or (b) the agency’s or Minister’s belief as to what are his or her reasons for seeking access.
Right is not affected by reasons given for seeking access.
(2) Subject to this Act, a person’s right of access...
11A Access to documents on request
Request for access to documents must be made in accordance with subsection 15(2)
11A(1) Access to documents on request
Must provide access to documents upon request
Access to documents on request is subject to this Act.
11A(2) Access to documents on request
Obligation to provide access to documents on request.
freedom-of-information-act-1982.pdf, p.53
11B Public interest exemptions—factors
11B(1) Public interest exemptions—factors
Factors favoring access are not limited by this section.
11B(2) Public interest exemptions—factors
Factors favouring access to the document in the public interest
11B(3) Public interest exemptions—factors
(d) allow a person to access his or her own personal information.
Temporal relationship between factors favouring access to the document
(c) promote effective oversight of public expenditure;
(b) inform debate on a matter of public importance;
Artificial intelligence application to factors favouring access to the document
(a) promote the objects of this Act (including all the matters set out in sections 3 and 3A);
include whether access to the document would do any of the following:
List of factors favouring access to the document
(3) Factors favouring access to the document in the public interest
Spread of factors favouring access to the document
Factors that must not be taken into account when deciding access to a document would be contrary to the public interest.
11B(4) Public interest exemptions—factors
Exclusions from consideration of access to a document
(4) The following factors must not be taken into account...
freedom-of-information-act-1982.pdf, p.54
11C Publication of information in accessed documents
Publication of information is required if an agency or Minister gives a person access to a document under section 11A.
11C(1) Publication of information in accessed documents
The Information Commissioner may make a determination for the purposes of paragraph (1)(c).
11C(2) Publication of information in accessed documents
Agency must publish information on website
11C(3) Publication of information in accessed documents
(3) The agency, or the Minister, must publish the information to members of the public generally on a website by:
Information must be published on website
(a) making the information available for downloading from the website; or (b) publishing on the website a link to another website, from which the information can be downloaded; or (c) publishing on the website other details of how the information may be obtained.
Information must be accessible to the public
Agency may impose charge for accessing information
11C(4) Publication of information in accessed documents
Agency or Minister must publish details of charge for accessing information.
11C(5) Publication of information in accessed documents
Agency or Minister must publish details of charge.
Agency must comply with section within 10 working days after access to document.
11C(6) Publication of information in accessed documents
Compliance within 10 working days is required.
11C(7) Publication of information in accessed documents
freedom-of-information-act-1982.pdf, p.55
12 Part not to apply to certain documents
12 Dec
12 Apr
Legislation Amendment (Content Services) Act
12 Apr 2007 (s 2)
Privacy Amendment (Enhancing Privacy Protection) Act 2012
Conditional commencement of certain provisions
12 Nov
within the open access period within the meaning of that Act
unless the document contains personal information (including personal information about a deceased person); or
(1) A person is not entitled to obtain access under this Part
not entitled to obtain access under this Part
freedom-of-information-act-1982.pdf, p.56
13 Documents in certain institutions
13 Dec
Amendment of Sch 7 by Acts and Instruments (Framework Reform) Act 126, 2015
13 Apr
Consequential and transitional provisions for the Australian Immunisation Register Act 2015
13 Oct
13 Sept
Documents in certain institutions are not considered documents of an agency for the purposes of this Act.
13(1) Documents in certain institutions
Prohibits documents in certain institutions from being considered agency documents.
Document possession obligation for agencies
13(2) Documents in certain institutions
Document transferred to National Archives
Records of certain commissions are taken to be documents of an agency and in the possession of a department.
13(3) Documents in certain institutions
Imposes obligation on the state to treat records as documents of an agency.
freedom-of-information-act-1982.pdf, p.234
Conditional commencement on gaz 1988, No S399
14 Dec
freedom-of-information-act-1982.pdf, p.240
14 Sept
Prohibition on Inspector of Transport Security (Consequential Provisions) Act 2006
14 Sept 2006 (s 2(1)
Prohibits Inspector of Transport Security (Consequential Provisions) Act 2006
14 Mar
freedom-of-information-act-1982.pdf, p.58
15 Requests for access
Conditional commencement of Transport and Communications Legislation Amendment Act 1994
15 Mar
Commencement of Freedom of Information Act 1982
15 Apr
Conditional commencement of Sch 2 on July 16, 2003
15 July
Classification of Publications, Films and Computer Games
Classify publications, films and computer games
Request for access to a document of an agency or official document of a Minister.
15(1) Requests for access
Request must be in writing and provide necessary information.
15(2) Requests for access
Request must be sent to agency or Minister in specified ways.
15(2A) Requests for access
Agency must assist person to make compliant request.
15(3) Requests for access
15(4) Requests for access
Notification of request receipt and decision
Agency must notify applicant of request receipt and decision within 30 days.
15(5) Requests for access
Agency must take action within a specified timeframe.
Agency must inform applicant of request receipt and decision.
Decision must be made within a specified timeframe.
Agency or Minister must have regard to guidelines issued by the Information Commissioner.
15(5A) Requests for access
Agency or Minister must consider guidelines
freedom-of-information-act-1982.pdf, p.63
15A Request for access to personnel records
15A(1) Request for access to personnel records
No access to personnel records unless request is made through established procedures.
15A(2) Request for access to personnel records
(i) is not satisfied with the outcome of the request; or (ii) has not been notified of the outcome within 30 days after the request was made.
Establishes a temporal interval for notification of request outcome.
the person must not apply under section 15 for access to such records unless the person:
Infers that established procedures are in place for requesting personnel records.
Prohibits access to personnel records unless request is made through established procedures.
Diffuses information about established procedures for requesting personnel records.
Establishes a recurring trace for requests and outcomes.
freedom-of-information-act-1982.pdf, p.60
Extension of time with agreement for dealing with a request
15AA Extension of time with agreement
freedom-of-information-act-1982.pdf, p.61
15AB Extension of time for complex or voluminous requests
Agency or Minister may apply for extension of time to deal with a request
15AB(1) Extension of time for complex or voluminous requests
Extension of time for complex or voluminous requests
15AB(2) Extension of time for complex or voluminous requests
Inform specified persons of extension period
15AB(3) Extension of time for complex or voluminous requests
Agency must make decision on request within time.
15AC Decision not made on request within time—deemed refusal
freedom-of-information-act-1982.pdf, p.64
16 Transfer of requests
References amendments and updates to schedules
16 June
Conditional commencement of Sch 3 on July 1, 2015
16 Sept
Requires temporal relation between Act 2015 and commencement
Classifies the legal effect as a prohibition
No explicit duty, ban conduct, grant permission, or create right
Requires ordered trace of temporal intervals
16 May
16 Dec
Electoral and Referendum Amendment Act 1992, s 2(1)
Endnotes and legislation history for Freedom of Information Act 1982
Requires a relation between identifiable temporal intervals
16 Oct
Conditional commencement of Financial Framework Legislation Amendment Act 2010
Agency may transfer request to another agency with agreement.
16(1) Transfer of requests
Request transfer to corresponding department if connected with specified body or person's functions.
16(2) Transfer of requests
Describes the temporal relationship between the request and the corresponding department.
(c) to the Department corresponding to the Department of State administered by the Minister who administers the enactment by or under which the body or person is established, continued in existence or appointed;
Describes the implication of transferring the request.
Imposes a duty on the agency to transfer the request.
Grants permission to transfer the request.
(2) Where a request is made to an agency for access to a document that: (a) originated with, or has been received from, a body which, or person who, is specified in Part I of Schedule 2; and (b) is more closely connected with the functions of that body or person than with those of the agency to which the request is made;
(d) if the request relates to a document that originated with, or has been received from, a part of the Department of Defence specified in Division 2 of Part I of Schedule 2—to that Department;
Agency must transfer request to another agency if it is more closely connected with the other agency's functions.
16(3) Transfer of requests
Agency must provide access to documents subject to subsections (1), (2) or (3)
16(3A) Transfer of requests
Agency must inform person making request and send document to other agency if necessary.
16(4) Transfer of requests
Request is taken to be a request made to the agency for access to the document.
16(5) Transfer of requests
Request is taken to be a request made to the agency.
16(6) Transfer of requests
freedom-of-information-act-1982.pdf, p.65
Request becomes a request under this Act upon receipt by agency.
16A Requests transferred from the ACT
Request under this Act at time of receipt.
Request becomes a request under this Act.
Request under FOI Act 1989 transferred to agency.
freedom-of-information-act-1982.pdf, p.66
17 Requests involving use of computers etc.
Conditional commencement of Intelligence Services and Other Legislation Amendment (Cyber Security) Act 2024
17 Sept
Conditional commencement is specified as 14 Oct 2024 (s 2(1) item 3)
Requires an ordered or recurring trace for conditional commencement
Conditional commencement is specified as a single event
17 Mar 2006
Identifies provision as part of amendment history
Freedom of Information Laws Amendment Act
17 Oct
17 Dec
17 June 2004 (s 2(1)
Conditional commencement on June 17, 2004
Human Services Legislation Amendment Act 2005
17 June 2021 (s 2(1)
Agency must deal with request as if it were a request for access to written document containing information.
17(1) Requests involving use of computers etc.
Agency not required to comply with subsection (1) if compliance would substantially and unreasonably divert resources.
17(2) Requests involving use of computers etc.
Commencement of Aboriginal and Torres Strait Islander Commission Act 1989
19 June
Conditional commencement of Taxation Laws Amendment Act (No. 4)
19 Dec
Requires relation between identifiable temporal intervals for conditional commencement
Conditional commencement on January 1, 1995
Enhancing Online Safety for Children Amendment Act 2017
19 May
19 Sept
Amendment (Sport Integrity Australia) Act
freedom-of-information-act-1982.pdf, p.252
Conditional commencement of Treasury Laws Amendment (Housing Measures No. 1) Act 2023
2 Commencement
Abolition of Albury-Wodonga Development Corporation Act 2014
2 Oct 2014
Conditional commencement of Statute Law Revision Act (No. 1) 2016
2 Dec 2015
20 Forms of access
20 July
Quarantine Amendment (Commission of Inquiry) Act 2007
20 Oct
20 Nov
20 Feb
Agency or Minister may provide access to a document in various forms.
20(1) Forms of access
Agency or Minister may provide access to a document.
Applicant must be given access in the requested form.
20(2) Forms of access
Access refused if it would interfere with agency operations or infringe copyright.
20(3) Forms of access
access in that form may be refused and access given in another form.
Prohibits access if it would interfere with agency operations or infringe copyright.
(a) would interfere unreasonably with the operations of the agency, or the performance by the Minister of his or her functions, as the case may be;
(b) would be detrimental to the preservation of the document or, having regard to the physical nature of the document, would not be appropriate;
(c) would, but for this Act, involve an infringement of copyright (other than copyright owned by the Commonwealth, an agency or a State) subsisting in matter contained in the document, being matter that does not relate to the affairs of an agency or of a Department of State;
Applicant shall not be required to pay a charge greater than what they would have paid if access was given in the requested form.
20(4) Forms of access
The applicant shall not be required to pay a charge greater than what they would have paid if access was given in the requested form.
Temporal interval between request and refusal of access.
(4) Subject to subsection 17(1), where a person requests access to a document...
Implication of refusal on payment of charge.
Obligation to pay a charge not greater than what would have been paid in the requested form.
freedom-of-information-act-1982.pdf, p.68
21 Deferment of access
Commencement of Special Broadcasting Service Act 1991
21 Oct
21 Dec
Conditional commencement on a specific date
21 June
21 Sept
Deferment of access to a document may be deferred under certain conditions.
21(1) Deferment of access
Minister has an obligation to defer access under certain conditions.
Agency must inform applicant of reasons and period for deferment.
21(2) Deferment of access
22 Access to edited copies with exempt or irrelevant matter deleted
Freedom of Information Amendment (Parliamentary Budget Office) Act 2012
22 Sept 2012 (s 2(1)
22 Feb
Conditional commencement of Sch 1 (items 48–51)
22 June
Conditional commencement of the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024
22 May
Requires temporal intervals for commencement
22 Oct
The Freedom of Information Act 1982 has effect from 22 October 1990 to an unspecified end date.
During the specified period, the Act is in force
The Freedom of Information Act 1982 has effect during the period commencing on the day after the day on which this Act receives Royal Assent.
Freedom of Information Act 1982 commences on 22 October 1990.
The Act commences on the day after the day on which this Act receives Royal Assent.
Commonwealth Banks Restructuring Act 1990
22 Sept
22 Dec
Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010
Agency or Minister may prepare edited copy of document for access under section 11A.
22(1) Access to edited copies with exempt or irrelevant matter deleted
Agency or Minister must provide edited copy to applicant.
22(2) Access to edited copies with exempt or irrelevant matter deleted
Agency must provide written notice to applicant regarding edited copy and grounds for deletions.
22(3) Access to edited copies with exempt or irrelevant matter deleted
Exempt from section 26 decision unless applicant requests
22(4) Access to edited copies with exempt or irrelevant matter deleted
Access to edited copies with exempt or irrelevant matter deleted
freedom-of-information-act-1982.pdf, p.70
23 Decisions to be made by authorised persons
Conditional commencement of Royal Commissions Amendment (Protection of Information) Act 2021
23 July
23 June
List of employment services subject to consequential amendments
Conditional commencement of the Ministers of State and Other Legislation Amendment Act 2000
23 Dec
Commencement of Intelligence Services Legislation Amendment Act 2005
23 Sept
23 Mar
Conditional commencement of Judiciary Amendment Act 2015
23 Aug
Conditional commencement of the Telecommunications Legislation Amendment (International Production Orders) Act 2021
Authorized persons can make decisions on behalf of the agency
23(1) Decisions to be made by authorised persons
The decision-making is within the authorized person's scope of authority
Decision-making is within the authorized person's scope of authority
Authorized persons are acting within the scope of authority exercisable by them
CogAI recognizes the agency's permission for decision-making
Agency permits authorized persons to make decisions
The decision-making diffuses to authorized persons
Decision-making diffuses to authorized persons
The decision-making is a recurring trace for authorized persons
Decision-making is a recurring trace for authorized persons
Authorized persons can make decisions on behalf of specified courts, tribunals, authorities, or bodies.
23(2) Decisions to be made by authorised persons
24 Power to refuse request—diversion of resources etc.
Commencement of Defence Legislation Amendment Act 1990
24 May
Identifies temporal interval for commencement
Prime Minister and Cabinet (Miscellaneous Provisions) Act 1994
24 Dec
24 Sept
24 Sept 2007 (s 2)
24 Mar
Agency or Minister may refuse to give access to document after consultation process.
24(1) Power to refuse request—diversion of resources etc.
Permission granted by agency or Minister.
Agency or Minister may treat 2 or more requests as a single request if satisfied that the requests relate to the same document or documents.
24(2) Power to refuse request—diversion of resources etc.
freedom-of-information-act-1982.pdf, p.74
24A Requests may be refused if documents cannot be found, do not
24A(1) Requests may be refused if documents cannot be found, do not
Temporal overlap between request and agency's possession
(i) is in the agency’s or Minister’s possession but cannot be found;
(1) An agency or Minister may refuse a request for access to a document...
Agency may refuse request if document cannot be found or received through contractual measures.
24A(2) Requests may be refused if documents cannot be found, do not
...and (c) the agency has taken all reasonable steps to receive the document in accordance with those contractual measures.
Temporal overlap between request and receipt.
(b) the agency has not received the document;
Agency's refusal is implied by lack of receipt.
...the agency has not received the document;
(2) An agency may refuse a request for access to a document if...
Document receipt is propagated through contractual measures.
(a) in order to comply with section 6C, the agency has taken contractual measures to ensure that it receives the document;
Agency's efforts to receive document are recurring.
freedom-of-information-act-1982.pdf, p.71
24AA When does a practical refusal reason exist?
Request for document processing must not substantially divert agency resources or interfere with Minister's functions.
24AA(1) When does a practical refusal reason exist?
Prohibition on diversion of agency resources
(i) in the case of an agency—would substantially and unreasonably divert the resources of the agency from its other operations;
Prohibition on interference with Minister's functions
(ii) in the case of a Minister—would substantially and unreasonably interfere with the performance of the Minister’s functions;
Agency or Minister must consider resources for identifying, locating, or collating documents within a filing system.
24AA(2) When does a practical refusal reason exist?
Consideration of resources is related to the use of time for identifying, locating, or collating documents.
Resources that would have to be used for identifying, locating, or collating documents within a filing system.
Consideration of resources is related to the processing or analysis of information.
Resources that would have to be used for making a copy, or an edited copy, of a document.
Agency or Minister must consider resources.
Resources for identifying, locating, or collating documents within a filing system.
Consideration of resources is related to the spread or dissemination of information.
Resources that would have to be used for consulting with any person or body in relation to the request.
Consideration of resources is related to the use of time for examining documents.
Resources that would have to be used for examining a document.
Must not have regard to certain factors when deciding on a practical refusal reason.
24AA(3) When does a practical refusal reason exist?
Allen interval application for prohibition on considering factors
(3) In deciding whether a practical refusal reason exists, an agency or Minister must not have regard to:
CogAI logic application for prohibition on considering factors
Prohibition on considering certain factors
Diffusion logic application for prohibition on considering factors
Linear logic application for prohibition on considering factors
freedom-of-information-act-1982.pdf, p.72
24AB What is a request consultation process?
24AB(1) What is a request consultation process?
Agency must provide written notice with details of refusal reason and contact person.
24AB(2) What is a request consultation process?
Agency must assist applicant to revise request if contact made during consultation period.
24AB(3) What is a request consultation process?
Agency must take reasonable steps to assist applicant.
Applicant contacts contact person during consultation period.
Provide reasonable opportunity to consult with contact person and assist applicant in revising request.
24AB(4) What is a request consultation process?
Duty to provide reasonable opportunity for consultation
Applicant may agree to extend consultation period
24AB(5) What is a request consultation process?
Permission to extend consultation period
Must provide written notice to agency or Minister before end of consultation period.
24AB(6) What is a request consultation process?
Failure to consult during the consultation period results in withdrawal of request.
24AB(7) What is a request consultation process?
The consultation period overlaps with the processing period.
Consultation period disregarded in calculating processing period.
The consultation period is disregarded in calculating the processing period.
The request is recognized as withdrawn due to a lack of consultation.
Request is recognized as withdrawn due to lack of consultation.
The request is taken to have been withdrawn under subsection (6) at the end of the consultation period if...
Failure to do so results in withdrawal of request.
Obligation to consult during the consultation period.
The applicant must consult with the contact person during the consultation period.
The request is withdrawn due to a lack of consultation.
Request is withdrawn due to lack of consultation.
Conditions must be met for the consultation period to end.
Consultation period ends when conditions are met.
The consultation period ends at the end of the specified time period.
Agency or Minister must notify applicant of decision within 30 days after request is made.
24AB(8) What is a request consultation process?
The period starting on the day an applicant is given a notice under subsection (2) and ending on the day the applicant does one of the things mentioned in paragraph (6)(b) or (c)
25 Information as to existence of certain documents
25 June
25 Oct 1991
Sales Tax Amendment (Transitional) Act 1992
25 Nov
25 Oct
25 May
No agency or Minister must provide information about the existence of a document if disclosure would exempt it.
25(1) Information as to existence of certain documents
Agency or Minister must provide notice if a document exists but is exempt from disclosure.
25(2) Information as to existence of certain documents
Refusing access to document if it existed
25(3) Information as to existence of certain documents
freedom-of-information-act-1982.pdf, p.75
Notice of decision on document access request
26 Reasons and other particulars of decisions to be given
26 May
Conditional commencement on July 1, 2006
26 June
Schedule of commencement dates for certain items in Schedules 1 and 2
freedom-of-information-act-1982.pdf, p.76
26A Consultation—documents affecting Commonwealth-State
Request for access to document must be made with consultation under section 26A
26A(1) Consultation—documents affecting Commonwealth-State
Access request must be made within a reasonable timeframe
Request for access must be made within a reasonable timeframe
(ii) access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5)
Access request must be made with consultation
Request for access must be made with consultation
State may reasonably wish to contend that access would be contrary to public interest
Agency or Minister must consider consultation before granting access
Agency or Minister must consider consultation before granting access to document
Agency or Minister must consider public interest before granting access
Agency or Minister must consider public interest before granting access to document
Consultation required before granting access to document.
26A(2) Consultation—documents affecting Commonwealth-State
Prohibition of decision without consultation.
Agency/Minister must give written notice to State and Applicant after consultation.
26A(3) Consultation—documents affecting Commonwealth-State
Agency/Minister must give written notice.
freedom-of-information-act-1982.pdf, p.78
27 Consultation—business documents
Federal Airports Corporation Amendment Act 1990
27 Nov
Conditional commencement of Freedom of Information Amendment Act 1991
27 June
27 Sept
Administrative Appeals Tribunal Amendment Act 2005
Access to documents is prohibited unless it would be contrary to the public interest.
27(1) Consultation—business documents
Information about business or professional affairs must be provided.
27(2) Consultation—business documents
Agency must consider certain matters when determining exemption contention.
27(3) Consultation—business documents
Agency has an obligation to consider certain matters.
No access to document without reasonable submissions from person or organisation concerned.
27(4) Consultation—business documents
Prohibition of access to document without submissions.
freedom-of-information-act-1982.pdf, p.81
27A Consultation—documents affecting personal privacy
Agency must consult with the person concerned before granting access to a document containing personal information.
27A(1) Consultation—documents affecting personal privacy
Consultation is required before granting access.
Consultation must occur before granting access to the document.
Granting access to a document containing personal information.
Agency must consult with the person concerned.
Request for access to a document containing personal information.
Agency must consider personal information when determining exemption contention.
27A(2) Consultation—documents affecting personal privacy
The agency considers the personal information between the time the person concerned was associated with the matters dealt with in the information and the present time.
Temporal interval for consideration of personal information.
The agency must consider the personal information within a reasonable time frame.
The agency must consider the personal information.
Agency has a duty to consider personal information.
28 Dec
28 Apr
28 Mar
28 Oct
28 Sept
28 Nov
written notice stating the applicant is liable to pay a charge, preliminary assessment of the amount of the charge, and basis for the assessment
freedom-of-information-act-1982.pdf, p.83
Agency or Minister must give written notice to applicant stating they are liable to pay a charge.
29 Charges
Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000
29 Feb
29 June
Conditional commencement of Aged Care (Single Quality Framework) Reform Act 2018
29 Nov
Agency or Minister must give written notice to applicant.
3 Objects—general
3 Nov 1983
3 Nov 1993
Repeals Horticulture Marketing and Research and Development Services Act 2000
3 Aug 2000
Prohibits the Horticulture Marketing and Research and Development Services Act 2000
National Health and Medical Research Council Amendment Act 50, 2006
3 May 2006
Require agencies to publish information and provide a right of access to documents.
3(1) Objects—general
(b) providing for a right of access to documents
Promote public participation in Government processes and scrutiny of activities.
3(2) Objects—general
Increase recognition of information held by the Government for public purposes.
3(3) Objects—general
Functions and powers given by this Act are to be performed and exercised as far as possible.
3(4) Objects—general
30 Sept
Conditional commencement of Law and Justice Legislation Amendment Act 1994
30 May
Conditional commencement is Undertaking, not Prohibition
30 June
Conditional commencement of Tax Laws Amendment (2007 Measures No. 1) Act 2007
30 Mar
Conditional commencement of Archives Amendment Act 2008
Amendment of Public Governance and Resources Legislation Amendment Act (No. 1) 2015
30 June 2018 (s 2(1)
freedom-of-information-act-1982.pdf, p.86
31 Decision to impose charge—extended period for processing
31 Mar
31 Oct
31 May
Conditional commencement of Sch 2 and 3: 1 Apr 2022 (s 2(1) item 1)
Applicant must pay charge within processing period
31(1) Decision to impose charge—extended period for processing
Request received before processing period end
Disregard certain days when calculating processing period for charge imposition
31(2) Decision to impose charge—extended period for processing
Calculate processing period during specified days
charge notice day to applicant payment day
freedom-of-information-act-1982.pdf, p.88
Access to exempt and conditionally exempt documents is not required.
31A Access to exempt and conditionally exempt documents
Prohibits access to exempt and conditionally exempt documents.
freedom-of-information-act-1982.pdf, p.89
A document is exempt if it meets certain conditions.
31B Exempt documents for the purposes of this Part
Interpretation of exempt documents provision
32 Interpretation
freedom-of-information-act-1982.pdf, p.91
Disclosure of certain documents under this Act is prohibited.
33 Documents affecting national security, defence or international
A document is exempt if it was submitted to the Cabinet for consideration or proposed by a Minister to be so.
34 Cabinet documents
Documents created with this purpose are exempt
Defines when a document is considered exempt due to its creation purpose
was brought into existence for the dominant purpose of submission for consideration by the Cabinet
The Cabinet has the power to submit documents for consideration
Submitted documents are exempt from certain rules
Defines when a document is considered exempt due to its submission
has been submitted to the Cabinet for its consideration
The Cabinet has the power to consider documents
Documents submitted or proposed for submission are exempt
was brought into existence for the dominant purpose of briefing a Minister on a document
Ministers have the power to brief each other on documents
Proposed documents are exempt from certain rules
Defines when a document is considered exempt due to its proposal
is or was proposed by a Minister to be submitted
Ministers have the power to propose documents for submission
freedom-of-information-act-1982.pdf, p.92
37 Documents affecting enforcement of law and protection of public
Disclosure of certain documents is prohibited.
37(1) Documents affecting enforcement of law and protection of public
(b) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information
(1) A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to:
(c) endanger the life or physical safety of any person
Disclosure of certain documents is prohibited to prevent prejudice in fair trial or adjudication.
37(2) Documents affecting enforcement of law and protection of public
...disclosure of lawful methods or procedures for preventing...
Discloses temporal overlap between exemptions and law enforcement.
(2) A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to:
Recognizes exemptions in law enforcement.
...disclosure under this Act would, or could reasonably be expected to...
Prohibits disclosure of certain documents.
(2) A document is an exempt document if...
Discloses recurring exemptions in law enforcement.
Person receiving protection under a program is considered confidential source of information.
37(2A) Documents affecting enforcement of law and protection of public
Person receiving protection during the period is considered confidential source of information.
Temporal relationship between protection and confidentiality
Person receiving protection is considered confidential source of information.
Definition of law for the purpose of enforcement and protection.
37(3) Documents affecting enforcement of law and protection of public
freedom-of-information-act-1982.pdf, p.93
38 Documents to which secrecy provisions of enactments apply
freedom-of-information-act-1982.pdf, p.14
3A Objects—information or documents otherwise accessible
Publication and access powers not limited by this Act.
3A(1) Objects—information or documents otherwise accessible
Minister has power to publish or give access to information.
The Parliament does not intend to limit or prevent the exercise of its power.
3A(2) Objects—information or documents otherwise accessible
The Parliament's intention is an obligation.
This permits the exercise of the Parliament's power.
The Parliament does not intend to prevent or discourage the exercise of its power.
The Parliament does not intend to limit or prevent the exercise of its power:
This allows access to information or documents.
The Parliament intends to allow access to information or documents.
Whether or not access to the information or document has been requested under section 15.
This allows publication of information or documents.
The Parliament intends to allow publication of information or documents.
Despite any restriction on the publication of the information or document under this Act.
This allows access to information or documents regardless of request.
The Parliament intends to allow access to information or documents regardless of request.
4 Interpretation
4 Nov 1986
Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 129, 2005
4 Nov 2005
4 Dec 2011
4 Dec 2012
Amendment of Judicial Complaints Act 2012
4 Dec 2012 (s 2)
Australian Capital Territory (Self-Government) Act 1988
freedom-of-information-act-1982.pdf, p.95
42 Documents subject to legal professional privilege
Documents subject to legal professional privilege are exempt from production in legal proceedings.
42(1) Documents subject to legal professional privilege
Imposes a duty on parties to produce exempt documents.
Waiver of legal professional privilege claim
42(2) Documents subject to legal professional privilege
(2) A document is not an exempt document...
Document containing operational information is not exempt under subsection (1) solely because of its operational nature.
42(3) Documents subject to legal professional privilege
Document is not exempt solely because of its operational nature.
45 Documents containing material obtained in confidence
A document is exempt if disclosure would found an action for breach of confidence.
45(1) Documents containing material obtained in confidence
Disclosure must occur within a specific temporal interval
(1) A document is an exempt document if its disclosure under this Act would found an action, by a person (other than an agency or the Commonwealth), for breach of confidence.
AI recognizes and maintains confidentiality
Artificial intelligence recognizes confidentiality
Document is exempt if disclosure would found an action for breach of confidence.
Disclosure would found an action for breach of confidence.
Confidentiality is maintained through diffusion
Confidentiality validation ensures compliance
Disclosure of certain documents is not a breach of confidence owed to a person or body other than specified individuals or agencies.
45(2) Documents containing material obtained in confidence
Obligation to disclose certain documents
Subsection (1) does not apply to a document to which subsection 47C(1) applies
Permission to disclose certain documents
The disclosure of the document would not constitute a breach of confidence owed to a person or body other than specified individuals or agencies
Obligation to disclose certain documents in specific contexts
The document is prepared by a prescribed authority or Norfolk Island authority in the performance of its functions
The document relates to the affairs of an agency or a Department of State
Prohibition on disclosure of certain documents in specific contexts
The disclosure of the document would constitute a breach of confidence owed to a person or body other than specified individuals or agencies
freedom-of-information-act-1982.pdf, p.96
45A Parliamentary Budget Office documents
45A(1) Parliamentary Budget Office documents
45A(2) Parliamentary Budget Office documents
Disclosure of confidential request information is restricted.
45A(3) Parliamentary Budget Office documents
Disclosure of request information is restricted.
Restricts disclosure of confidential information.
Confidential request made to Parliamentary Budget Officer.
Documents attached to exempt documents are not automatically exempt.
45A(4) Parliamentary Budget Office documents
Prohibits automatic exemption of attached documents.
Information made publicly available by the Parliamentary Budget Officer is exempt from this section.
45A(5) Parliamentary Budget Office documents
or in a statement made under subsection 64V(4) of that Act
Information made publicly available during a specific time period is exempt from this section.
under section 64U of the Parliamentary Service Act 1999:
Recognizes exemptions to information made publicly available by the Parliamentary Budget Officer.
is exempt matter because of this section
Exempts information made publicly available by the Parliamentary Budget Officer.
Information has been made publicly available by the Parliamentary Budget Officer:
Diffuses information about exemptions to the public.
Validates exemptions to information made publicly available by the Parliamentary Budget Officer.
Information made publicly available by Senator or MP is exempt from confidentiality request
45A(6) Parliamentary Budget Office documents
Senator/MP obligation to provide public information
Disclosure of factual information is not exempt if it reveals a confidential request.
45A(7) Parliamentary Budget Office documents
Disclosure of factual information is not exempt.
Obligation to disclose factual information
45A(8) Parliamentary Budget Office documents
freedom-of-information-act-1982.pdf, p.97
Public disclosure of certain documents would be contempt of Parliament or court.
46 Documents disclosure of which would be contempt of Parliament
Prohibits public disclosure of certain documents.
freedom-of-information-act-1982.pdf, p.98
47 Documents disclosing trade secrets or commercially valuable
Disclosures of trade secrets or commercially valuable information are exempt.
47(1) Documents disclosing trade secrets or commercially valuable
Imposes a duty on the state to keep trade secrets or commercially valuable information confidential.
Exemptions from subsection (1) for certain types of requests
47(2) Documents disclosing trade secrets or commercially valuable
Defines what constitutes an undertaking for the purpose of section 47(3)
47(3) Documents disclosing trade secrets or commercially valuable
an undertaking that is carried on by the Commonwealth or a State; or an authority of the Commonwealth or of a State; or a Norfolk Island authority; or a local government authority.
(c) a Norfolk Island authority; or (d) a local government authority.
freedom-of-information-act-1982.pdf, p.99
47A Electoral rolls and related documents
Defines electoral roll and related documents
47A(1) Electoral rolls and related documents
electoral roll means: (a) a Roll of the electors of: (i) a State or Territory; or (ii) a Division (within the meaning of the Electoral Act); or (iii) a Subdivision (within the meaning of the Electoral Act); prepared under the Electoral Act;
Electoral Act means the Commonwealth Electoral Act 1918.
electoral roll means: (b) any part of a Roll referred to in paragraph (a).
(b) any part of a Roll referred to in paragraph (a).
Defines what constitutes an exempt document under this section.
47A(2) Electoral rolls and related documents
or any other document that meets these criteria
Specifies the temporal relationship between documents
a document that was used to prepare an electoral roll; or a document that is a copy of a document referred to in paragraph (e)
Lists specific examples of exempt documents
The document is an electoral roll; or a print, or a copy of a print, of an electoral roll; or...
Lists additional examples of exempt documents
(i) is a copy of a document referred to in paragraph (e); or (ii) contains only copies of documents referred to in paragraph (e)
Describes the conditions under which documents are exempt
(i) sets out particulars of only one elector; and (ii) was used to prepare an electoral roll
freedom-of-information-act-1982.pdf, p.101
Conditional exemptions for public interest
47B Public interest conditional exemptions—Commonwealth-State
Disclosure would cause damage to relations between the Commonwealth and a State
Conditional exemptions for deliberative processes
47C Public interest conditional exemptions—deliberative processes
freedom-of-information-act-1982.pdf, p.102
Conditional exemptions for documents with substantial adverse effect on Commonwealth or agency interests.
47D Public interest conditional exemptions—financial or property
Imposes duty on State to consider public interest when disclosing documents.
freedom-of-information-act-1982.pdf, p.103
Conditional exemptions for certain documents
47E Public interest conditional exemptions—certain operations of
Conditional exemptions apply to documents that overlap with agency operations
The document is conditionally exempt if its disclosure under this Act would, or could reasonably be expected to, do any of the following:
State obligation to provide access to conditionally exempt documents
Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest
State prohibition on disclosing certain documents without public interest justification
State obligation to provide access to documents that do not prejudice agency operations
Conditional exemptions repeat across agency operations
47F Public interest conditional exemptions—personal privacy
Disclosure of personal information without consent is prohibited.
47F(1) Public interest conditional exemptions—personal privacy
Prohibits disclosure of personal information.
Discloses personal information may be uncertain.
Agency must consider personal information when deciding whether to disclose a document.
47F(2) Public interest conditional exemptions—personal privacy
...the person to whom the information relates is known to be (or to have been) associated with the matters dealt with in the document;
The agency must consider the temporal relationship between the document and the person's association with the matters dealt with.
(b) whether the person to whom the information relates is known to be (or to have been) associated with the matters dealt with in the document;
The agency must recognize the importance of personal privacy in its decision-making.
(2) In determining whether the disclosure of the document would involve the unreasonable disclosure of personal information, an agency or Minister must have regard to...
Agency has an obligation to consider personal information.
...the availability of the information from publicly accessible sources;
The agency must consider how the disclosure of the document would affect the person's privacy.
(a) the extent to which the information is well known;
The agency must consider whether the person's association with the matters dealt with has changed over time.
freedom-of-information-act-1982.pdf, p.105
47G Public interest conditional exemptions—business
Conditional exemptions for business information disclosure
47G(1) Public interest conditional exemptions—business
Requires temporal intervals for conditional exemptions
Exempts trade secrets and other information from subsection (1)
47G(2) Public interest conditional exemptions—business
Conditional exemption from subsection (1)
47G(3) Public interest conditional exemptions—business
freedom-of-information-act-1982.pdf, p.106
Conditional exemptions for research documents
47H Public interest conditional exemptions—research
freedom-of-information-act-1982.pdf, p.107
47J Public interest conditional exemptions—the economy
Conditional exemptions for documents that could have a substantial adverse effect on the economy.
47J(1) Public interest conditional exemptions—the economy
Defines temporal intervals for conditional exemptions.
(1) A document is conditionally exempt if its disclosure under this Act would, or could be reasonably expected to, have a substantial adverse effect on Australia’s economy by: (a) influencing a decision or action of a person or entity; or (b) giving a person (or class of persons) an undue benefit or detriment, in relation to business carried on by the person (or class), by providing premature knowledge of proposed or possible action or inaction of a person or entity.
Influences decision-making about conditional exemptions.
(a) influencing a decision or action of a person or entity; or (b) giving a person (or class of persons) an undue benefit or detriment, in relation to business carried on by the person (or class), by providing premature knowledge of proposed or possible action or inaction of a person or entity.
Prohibits disclosure of documents that could have a substantial adverse effect on the economy.
(1) A document is conditionally exempt if its disclosure under this Act would, or could be reasonably expected to, have a substantial adverse effect on Australia’s economy.
Classifies documents as conditionally exempt based on their potential economic impact.
Diffuses information about conditional exemptions.
Defines recurring traces for conditional exemptions.
A substantial adverse effect on Australia's economy includes a substantial adverse effect on a particular sector of the economy or the economy of a particular region of Australia.
47J(2) Public interest conditional exemptions—the economy
(a) a particular sector of the economy; or (b) the economy of a particular region of Australia.
Norfolk Island is taken to be a region of Australia for the purposes of paragraph (2)(b).
47J(2A) Public interest conditional exemptions—the economy
Implies a duty to treat Norfolk Island as a region of Australia.
List of documents subject to conditional exemptions for the economy
47J(3) Public interest conditional exemptions—the economy
freedom-of-information-act-1982.pdf, p.109
Request for amendment or annotation of personal records
48 Application for amendment or annotation of personal records
Has right to request amendment or annotation of personal records
Has obligation to process request for amendment or annotation of personal records
State hasRightTo amendOrAnnotatePersonalRecords
Has permission to process request for amendment or annotation of personal records
Application for amendment must be in writing and specify certain information.
49 Requirements of an application for amendment
Application for amendment must be in writing.
freedom-of-information-act-1982.pdf, p.29
4A Certain legislation relating to Australian Capital Territory not to
4A(1) Certain legislation relating to Australian Capital Territory not to
Certain legislation relating to Australian Capital Territory not to be enacted.
4A(2) Certain legislation relating to Australian Capital Territory not to
The legislation is not enacted during this period.
(2) The Australian Capital Territory (Self-Government) Act 1988 and the Canberra Water Supply (Googong Dam) Act 1974 are not enactments.
Part IV, sections 29 and 30, subsection 63(2), section 66 and Division 5 of Part X are not enactments.
4A(3) Certain legislation relating to Australian Capital Territory not to
Prohibits certain legislation from being enacted.
Legislation under an Act or Ordinance is not considered an enactment.
4A(4) Certain legislation relating to Australian Capital Territory not to
Temporal interval for legislation under an Act or Ordinance
(4) Where the whole of an Act or Ordinance is not an enactment, an instrument made under it is not an enactment.
Cognitive artificial intelligence logic for legislation under an Act or Ordinance
Prohibition of legislation under an Act or Ordinance
Diffusion logic for legislation under an Act or Ordinance
Linear temporal logic for legislation under an Act or Ordinance
Instrument made under an Act or Ordinance is not an enactment unless for the purposes of another part.
4A(5) Certain legislation relating to Australian Capital Territory not to
This instrument is enacted during that period.
The other part of the Act or Ordinance is enacted during this period.
Unless for the purposes of another part, it is an enactment.
Instrument made under an Act or Ordinance is not an enactment.
A court other than a court of Norfolk Island shall be deemed a prescribed authority.
5 Act to apply to courts in respect of administrative matters
5 June 1997
freedom-of-information-act-1982.pdf, p.110
50 Amendment of records
Agency or Minister may amend record of information if certain conditions met.
50(1) Amendment of records
...the information has been used, is being used or is available for use by the agency or Minister for an administrative purpose.
Information has been used by the agency or Minister for administrative purpose.
(c) the information has been used, is being used or is available for use by the agency or Minister for an administrative purpose;
...the agency or Minister may amend the record of information.
Agency or Minister has obligation to amend record if conditions met.
the agency or Minister to whom such an application is made is satisfied that...
Agency or Minister may amend record if conditions met.
(1) Subject to section 51C, where the agency or Minister to whom such an application is made is satisfied that...
...the agency or Minister is satisfied that...
Agency or Minister must satisfy conditions before amending record.
(a) the record of personal information to which the request relates is contained in a document of the agency or an official document of the Minister, as the case may be;
...the information is incomplete, incorrect, out of date or misleading.
Information is incomplete, incorrect, out of date or misleading.
(b) the information is incomplete, incorrect, out of date or misleading;
Agency or Minister may make amendment to records.
50(2) Amendment of records
Ensure amendment of records does not obliterate prior text.
50(3) Amendment of records
Agency or Minister must ensure amendment does not obliterate prior text.
freedom-of-information-act-1982.pdf, p.111
51 Annotations of records etc. following unsuccessful applications
Agency must annotate document with statement provided by applicant
51(1) Annotations of records etc. following unsuccessful applications
Agency or Minister may consider statement irrelevant, defamatory or voluminous.
51(2) Annotations of records etc. following unsuccessful applications
51(3) Annotations of records etc. following unsuccessful applications
Statement by applicant specifying incomplete, incorrect, out of date or misleading information.
Application for annotation must be in writing and specify document containing personal information.
51A Requirements of an application for annotation
freedom-of-information-act-1982.pdf, p.112
51B Annotation of records
51B(1) Annotation of records
Agency or Minister may exempt records from annotation requirements.
51B(2) Annotation of records
51C Transfer of requests
Transfer of requests to another agency or Minister with agreement.
51C(1) Transfer of requests
Agency or Minister must transfer application to corresponding Department if it relates to a specified body or person.
51C(2) Transfer of requests
Application must be transferred before the corresponding Department.
(c) to the Department corresponding to the Department of State administered by the Minister...
Agency or Minister must transfer application.
(2) Where an application is made under section 48 to an agency or Minister...
Agency or Minister must transfer application to other agency if conditions are met.
51C(3) Transfer of requests
...the agency or Minister to whom the application is made must transfer the application to the other agency.
Application must be transferred if it originated in another agency with overlapping functions.
(b) is more closely connected with the functions of the other agency...
(3) Where an application is made under section 48 to an agency or a Minister...
freedom-of-information-act-1982.pdf, p.115
51D Notification etc. of a decision under this Part
Agency must notify applicant of decision within 30 days
51D(1) Notification etc. of a decision under this Part
Notification of a decision under this Part
51D(2) Notification etc. of a decision under this Part
Notification must occur within a specified time frame
(2) Section 23 applies in relation to a decision on an application made under section 48.
Notification is justified by the need to inform
Artificial intelligence assistance for notification
Notification must be communicated to relevant parties
51D(3) Notification etc. of a decision under this Part
Agency must make decision on application within 30 days.
51DA Decision not made on request for amendment or annotation
freedom-of-information-act-1982.pdf, p.117
Agency or Minister may add comments to annotations.
51E Comments on annotations
freedom-of-information-act-1982.pdf, p.118
Agencies must complete internal reviews within 30 days.
52 Internal review of decisions—guide
Agencies must complete internal reviews.
Deems a claim that a document is exempt under section 33 or 34 as an obligation to acknowledge the existence of the document if it exists.
53 Interpretation
Obligation to acknowledge the existence of a document if it exists.
53A What is an access refusal decision?
freedom-of-information-act-1982.pdf, p.119
53B What is an access grant decision?
freedom-of-information-act-1982.pdf, p.121
Defines who is an affected third party for a document request.
53C Internal review—who is an affected third party?
freedom-of-information-act-1982.pdf, p.122
54 Internal review—access refusal decision
Agency must provide access to document if refusal decision is made by someone other than the principal officer or responsible Minister.
54(1) Internal review—access refusal decision
Applicant may apply for internal review of access refusal decision.
54(2) Internal review—access refusal decision
Obligation to apply for internal review.
54A Internal review—access grant decision
Agency must grant access to documents upon request
54A(1) Internal review—access grant decision
Third party may apply for review of access grant decision.
54A(2) Internal review—access grant decision
54B Internal review—application for review
Application for internal review must be made within a specified time period.
54B(1) Internal review—application for review
54B(2) Internal review—application for review
Exercise of agency power to allow further application period
54B(3) Internal review—application for review
Temporal overlap between agency power and responsible Minister approval
(b) acting in accordance with arrangements approved by the responsible Minister or principal officer of the agency
Agency has the authority to grant an extension
(a) acting within the scope of authority exercisable by him or her
Diffusion of agency power to grant extension through responsible Minister approval
Recurring trace of agency power to grant extension
freedom-of-information-act-1982.pdf, p.123
54C Internal review—decision on internal review
54C(1) Internal review—decision on internal review
Agency must arrange for internal review of decision.
54C(2) Internal review—decision on internal review
Agency has a duty to arrange for internal review.
freedom-of-information-act-1982.pdf, p.124
54D Internal review—deemed affirmation of original decision
Internal review deemed affirmation of original decision
54D(1) Internal review—deemed affirmation of original decision
Agency must affirm original decision and notify applicant
54D(2) Internal review—deemed affirmation of original decision
Agency's action overlaps with review period
Temporal overlap between agency's action and review period
(2) Subject to this section: (a) the principal officer of the agency is taken to have made a decision personally affirming the original decision on the last day of the initial decision period;
Agency's action implicates applicant's rights
Implication of agency's action on applicant's rights
(b) notice of the decision is taken to have been given under section 26 to the internal review applicant on the same day.
Diffusion of agency's action to applicant
Agency's actions and reviews form a recurring trace
Recurring trace of agency's actions and reviews
Agency may apply for further time to deal with application.
54D(3) Internal review—deemed affirmation of original decision
Allow further time for agency to deal with application
54D(4) Internal review—deemed affirmation of original decision
Imposing conditions on further time allowed for internal review
54D(5) Internal review—deemed affirmation of original decision
Any condition imposed by the Information Commissioner is obligatory
Information Commissioner may impose any condition
Agency must comply with conditions imposed under subsection (5) within the further time allowed.
54D(6) Internal review—deemed affirmation of original decision
Agency's compliance is within the further time allowed.
(a) makes a decision on the application within the further time allowed; and (b) complies with any condition imposed under subsection (5).
No further time allowed after agency fails to comply with conditions.
54D(7) Internal review—deemed affirmation of original decision
Agency's failure to comply is prohibited.
(a) does not make a decision on the request within the further time allowed;
Prevents Information Commissioner from allowing further time under this section in relation to a decision.
54D(8) Internal review—deemed affirmation of original decision
freedom-of-information-act-1982.pdf, p.125
54E Internal review—decisions to which this Part does not apply
freedom-of-information-act-1982.pdf, p.126
Application for review of a decision by the Information Commissioner.
54F Review by the Information Commissioner—guide
freedom-of-information-act-1982.pdf, p.128
54G Key concepts—what is an IC review?
54H Key concepts—what is an IC review application?
54J Key concepts—who is an IC review applicant?
54K Key concepts—what is an IC reviewable decision?
freedom-of-information-act-1982.pdf, p.129
54L IC reviewable decisions—access refusal decisions
Application for review of access refusal decisions
54L(1) IC reviewable decisions—access refusal decisions
Access refusal decisions are subject to internal review.
54L(2) IC reviewable decisions—access refusal decisions
Agency must provide access refusal decision subject to internal review.
Application for IC review may be made by or on behalf of the person who made the request.
54L(3) IC reviewable decisions—access refusal decisions
54M IC reviewable decisions—access grant decisions
Application for review of access grant decisions
54M(1) IC reviewable decisions—access grant decisions
Decision to affirm original access grant decision if no internal review decision within 30 days
54M(2) IC reviewable decisions—access grant decisions
freedom-of-information-act-1982.pdf, p.131
54N IC review applications—application
Details on notice delivery, copy of relevant notice
Application must provide details on notice delivery and copy of relevant notice.
54N(1) IC review applications—application
Must provide particulars of basis for dispute
54N(2) IC review applications—application
Office must provide assistance to prepare IC review application.
54N(3) IC review applications—application
Must send IC review application to Information Commissioner
54N(4) IC review applications—application
freedom-of-information-act-1982.pdf, p.132
54P IC review applications—requirement to notify affected third
Notify affected third parties of non-access to documents
54P(1) IC review applications—requirement to notify affected third
Notify affected third party upon document of application.
54P(2) IC review applications—requirement to notify affected third
Obligation to notify affected third party.
Notify Information Commissioner of notice
54P(3) IC review applications—requirement to notify affected third
54Q IC review applications—circumstances in which not giving
Not giving IC review applications under certain circumstances.
54Q(1) IC review applications—circumstances in which not giving
This section applies when IC review applications are related to documents with consultation requirements
(1) This section applies in relation to a document to which a consultation requirement applies under section 27 or 27A.
Obligation to give IC review applications
Agency or Minister not required to notify affected third party under certain circumstances.
54Q(2) IC review applications—circumstances in which not giving
Notifying an affected third party would prejudice certain activities.
54Q(3) IC review applications—circumstances in which not giving
(a) prejudice the conduct of an investigation...
freedom-of-information-act-1982.pdf, p.133
54R IC review applications—withdrawal
54R(1) IC review applications—withdrawal
Withdrawal of IC review application is taken never to have been made.
54R(2) IC review applications—withdrawal
Prohibition of IC review application withdrawal
IC review application must be made within a certain time limit
54S IC review applications—time limits
Must be made within a certain time limit
freedom-of-information-act-1982.pdf, p.134
54T IC review applications—extension of time
Application for extension of time for IC review application
54T(1) IC review applications—extension of time
Extension of time for IC review applications may be granted.
54T(2) IC review applications—extension of time
Granting extension of time is an obligation.
Extension of time for making IC review application
54T(3) IC review applications—extension of time
Must give notice of application to affected persons
54T(4) IC review applications—extension of time
Notice must be given before review determination
(4) Before determining an application under subsection (1),...
The Information Commissioner may require...
Must notify the Information Commissioner within a time limit
54T(5) IC review applications—extension of time
Must provide a reasonable opportunity to be heard
Must give IC review applicant and person to whom notice has been given a reasonable opportunity to present their cases before determining the application.
54T(6) IC review applications—extension of time
The time period between giving notice and determining the application is a temporal interval that must be considered.
freedom-of-information-act-1982.pdf, p.136
Applies to a part of an IC review application
54U Decision to review—interpretation
54V Decision to review—preliminary inquiries
Information Commissioner may make inquiries
Decision not to review IC review application under certain conditions.
54W Decision to review—discretion not to review
Prohibition on frivolous IC review applications
Information Commissioner may decide not to continue IC review under certain conditions
Information Commissioner must contact IC review applicant after making reasonable attempts
freedom-of-information-act-1982.pdf, p.137
54X Decision to review—notice requirement if discretion not to
Decision to review—notice requirement if discretion not to undertake an IC review
54X(1) Decision to review—notice requirement if discretion not to
Notify review parties of decision in writing.
54X(2) Decision to review—notice requirement if discretion not to
The Information Commissioner must notify...
Notice must state reasons for Information Commissioner's decision and application details.
54X(3) Decision to review—notice requirement if discretion not to
Must state reasons for Information Commissioner's decision.
Exempt matter and certain document information cannot be included in the notice.
54X(4) Decision to review—notice requirement if discretion not to
freedom-of-information-act-1982.pdf, p.138
54Y Decision to review—actual decisions made after IC review has
Agency or Minister must review actual decision after IC review has been made.
54Y(1) Decision to review—actual decisions made after IC review has
(b) a person makes an IC review application for review of the deemed decision;
Temporal interval between IC review application and Information Commissioner's decision.
(c) the Information Commissioner has not made a decision under section 54W (decision not to review) or 55K (decision on review) in relation to the deemed decision;
(d) subsection 15AC(7), 51DA(6) or 54D(6) applies in relation to a decision (the actual decision) made by the agency or Minister.
Temporal interval between actual decision and Information Commissioner's decision.
Must deal with IC review application as if it were an IC review application
54Y(2) Decision to review—actual decisions made after IC review has
freedom-of-information-act-1982.pdf, p.139
Information Commissioner must inform person, agency or Minister who made the decision before undertaking IC review.
54Z Procedure in IC review—general notice requirement
55 Procedure in IC review—general
The Information Commissioner may review an IC reviewable decision without holding a hearing under certain conditions.
55(1) Procedure in IC review—general
The Information Commissioner may conduct an IC review in whatever way he or she considers appropriate.
55(2) Procedure in IC review—general
The Information Commissioner may conduct an IC review.
The IC review is a part of the procedure in IC review—general.
freedom-of-information-act-1982.pdf, p.141
55A Procedure in IC review—parties to proceeding
List of parties to an IC review proceeding
55A(1) Procedure in IC review—parties to proceeding
Person whose interests are affected by IC reviewable decision may apply to be a review party.
55A(2) Procedure in IC review—parties to proceeding
The Information Commissioner may make a person an IC review party by notice in writing.
55A(3) Procedure in IC review—parties to proceeding
55B Procedure in IC review—application for hearing
55B(1) Procedure in IC review—application for hearing
Notify other review parties of application
55B(2) Procedure in IC review—application for hearing
freedom-of-information-act-1982.pdf, p.142
May appear in person or be represented by another person
55C Procedure in IC review—representation
Permission to appear in person or be represented
55D Procedure in IC review—onus
Agency has the onus of establishing that a decision is justified.
55D(1) Procedure in IC review—onus
Affected third party bears the onus of establishing justification for a decision refusing a request.
55D(2) Procedure in IC review—onus
The IC review overlaps with the access grant decision
Temporal overlap between IC review and access grant decisions
Decision refusing the request is justified
The Information Commissioner should give a decision adverse to the person who made the request
Obligation to establish justification for adverse decision
Information Commissioner should give a decision adverse to the person who made the request
The decision refusing the request is justified
Obligation to establish justification for adverse decision in IC review
The affected third party is involved in recurring traces of IC reviews
Recurring trace of affected third party in IC reviews
Affected third party is involved in multiple IC reviews
Agency or Minister must assist Information Commissioner in IC review.
55DA Decision-maker must assist Information Commissioner
freedom-of-information-act-1982.pdf, p.143
55E Procedure in IC review—inadequate reasons from decision
Agency or Minister must provide statement of reasons for decision if requested.
55E(1) Procedure in IC review—inadequate reasons from decision
Agency or Minister must provide adequate statement of reasons upon request.
55E(2) Procedure in IC review—inadequate reasons from decision
Provide adequate statement of reasons within specified period or 28 days.
55E(3) Procedure in IC review—inadequate reasons from decision
Obligation to provide statement of reasons
Review parties must agree on terms of a decision in IC review
55F Procedure in IC review—review parties reach agreement
Mandatory agreement on terms of a decision in IC review
(a) the review parties reach agreement as to the terms of a decision on an IC review
freedom-of-information-act-1982.pdf, p.144
55G Procedure in IC review—revocation or variation of access
Agency or Minister may vary access refusal decision during IC review.
55G(1) Procedure in IC review—revocation or variation of access
Granting permission to vary access refusal decision.
Agency or Minister must notify Information Commissioner of variation or substitution in access refusal decision.
55G(2) Procedure in IC review—revocation or variation of access
freedom-of-information-act-1982.pdf, p.145
55H Procedure in IC review—reference of questions of law to
The Information Commissioner may refer a question of law to the Federal Court of Australia.
55H(1) Procedure in IC review—reference of questions of law to
The Information Commissioner may refer questions of law to.
55H(2) Procedure in IC review—reference of questions of law to
Federal Court of Australia has jurisdiction to hear and determine a question of law.
55H(3) Procedure in IC review—reference of questions of law to
The Federal Court of Australia has jurisdiction to hear and determine a question of law.
(3) The Federal Court of Australia has jurisdiction to hear and determine a question of law referred to it.
The Federal Court of Australia has authority.
The Federal Court of Australia has jurisdiction.
Jurisdiction of the Federal Court of Australia may be exercised by a single judge.
55H(4) Procedure in IC review—reference of questions of law to
Must not give a decision before Federal Court of Australia makes a decision on the question.
55H(5) Procedure in IC review—reference of questions of law to
...before the Federal Court of Australia makes a decision in relation to the reference;
Temporal overlap between decision-making and IC review.
(5) If a question of law is referred, the Information Commissioner...
...or make a decision, that is inconsistent with the opinion of the Federal Court of Australia on the question;
...give a decision to which the question is relevant before the Federal Court of Australia makes a decision in relation to the reference;
Prohibition on giving decisions before Federal Court of Australia makes a decision.
(5) If a question of law is referred, the Information Commissioner must not...
Prohibition on proceeding in a manner inconsistent with Federal Court of Australia's opinion.
...must not, for the purposes of the IC review:
freedom-of-information-act-1982.pdf, p.146
Must send documents to Federal Court of Australia upon request.
55J Procedure in IC review—sending of documents to, and
freedom-of-information-act-1982.pdf, p.147
55K Decision on IC review—decision of Information Commissioner
Decision on IC review—decision of Information Commissioner
55K(1) Decision on IC review—decision of Information Commissioner
Temporal interval of undertaking an IC review
(1) After undertaking an IC review, the Information Commissioner MUST make a decision in writing:
Must set aside the IC reviewable decision and make a decision in substitution for that decision
(c) setting aside the IC reviewable decision and making a decision in substitution for that decision.
Information Commissioner may exercise powers of the person who made IC reviewable decision.
55K(2) Decision on IC review—decision of Information Commissioner
Decision of the Information Commissioner has the same effect as a decision of the agency or Minister who made the IC reviewable decision.
55K(3) Decision on IC review—decision of Information Commissioner
Temporal relation: Same effect as a decision of the agency or Minister
(3) A decision of the Information Commissioner on an IC review has the same effect as a decision of the agency or Minister who made the IC reviewable decision.
Knowledge representation: Same effect as a decision of the agency or Minister
Same effect as a decision of the agency or Minister
Recurring trace: Same effect as a decision of the agency or Minister
Ordered trace: Same effect as a decision of the agency or Minister
Statement of reasons, Statement of rights
Decision on IC review—decision of Information Commissioner must include statement of reasons and rights to apply for Tribunal review.
55K(4) Decision on IC review—decision of Information Commissioner
Must include statement of reasons and rights to apply for Tribunal review.
Exempt matter cannot be included in a decision on IC review.
55K(5) Decision on IC review—decision of Information Commissioner
Information Commissioner must provide a copy of decision to each review party.
55K(6) Decision on IC review—decision of Information Commissioner
Must provide a copy of decision to each review party.
freedom-of-information-act-1982.pdf, p.148
55L Decision on IC review—no power to give access to exempt
No power to give access to exempt documents
55L(1) Decision on IC review—no power to give access to exempt
Prohibits giving access to exempt documents
No power to give access to exempt matter
55L(2) Decision on IC review—no power to give access to exempt
Prohibits giving access to exempt matter
55M Decision on IC review—limitation on amending records
The Information Commissioner must decide to amend records under certain conditions.
55M(1) Decision on IC review—limitation on amending records
The decision must occur during these conditions.
The decision must occur during certain conditions.
The opinion was based on a mistake of fact or the author of the opinion was biased, unqualified to form the opinion or acted improperly in conducting the factual inquiries that led to the formation of the opinion.
The Information Commissioner must decide to amend records.
The Information Commissioner has a duty to make decisions under certain conditions.
The decision requires an amendment to be made to the record.
The decision is conditional on these conditions.
The decision is conditional on certain conditions being met.
Cannot amend records in certain circumstances
55M(2) Decision on IC review—limitation on amending records
(2) The Information Commissioner must not...
freedom-of-information-act-1982.pdf, p.149
55N Decision on IC review—obligation to comply with decision
55P Decision on IC review—enforcement of decision against agency
55P(1) Decision on IC review—enforcement of decision against agency
Application for IC review may be made by the Information Commissioner or the IC review applicant.
55P(2) Decision on IC review—enforcement of decision against agency
Court may make orders to secure compliance by principal officer or Minister.
55P(3) Decision on IC review—enforcement of decision against agency
Application under subsection (1) may not be made before the end of the time.
55P(4) Decision on IC review—enforcement of decision against agency
Time has ended for making an application to the Tribunal
Application under subsection (1) may only be made if...
freedom-of-information-act-1982.pdf, p.150
55Q Decision on IC review—correction of errors
The Information Commissioner may correct obvious errors in decisions under section 55K of the Information Commissioner on an IC review.
55Q(1) Decision on IC review—correction of errors
The Information Commissioner has a duty to correct obvious errors.
Correction of errors by Information Commissioner on application or initiative.
55Q(2) Decision on IC review—correction of errors
freedom-of-information-act-1982.pdf, p.151
55R Information gathering powers—obliging production of
The Information Commissioner may compel a person to produce information.
55R(1) Information gathering powers—obliging production of
Compelling a person to provide information.
55R(2) Information gathering powers—obliging production of
Temporal interval for document production
The Information Commissioner may require a person to provide information or produce a document.
55R(3) Information gathering powers—obliging production of
The Information Commissioner requires the person to provide information or produce a document.
Information gathering powers—obliging production of
Notice requirements for production of information
55R(4) Information gathering powers—obliging production of
Committing an offence if a person fails to provide information
55R(5) Information gathering powers—obliging production of
freedom-of-information-act-1982.pdf, p.152
55S Information gathering powers—dealings with documents
Must permit access by those entitled to documents produced in accordance with a notice under subsection 55R(3).
55S(1) Information gathering powers—dealings with documents
Must permit inspection of documents held by the Information Commissioner for IC review purposes.
55S(2) Information gathering powers—dealings with documents
Permit inspection of documents at reasonable times.
55S(3) Information gathering powers—dealings with documents
freedom-of-information-act-1982.pdf, p.153
55T Information gathering powers—production of exempt
Principal officer of an agency or Minister claims a document is exempt.
55T(1) Information gathering powers—production of exempt
Section 55U does not apply to the document.
The document is claimed not to be exempt.
(b) section 55U does not apply to the document.
Claiming a document has no exemption status.
The Information Commissioner may require a document to be produced for deciding whether it is an exempt document.
55T(2) Information gathering powers—production of exempt
The Information Commissioner has the power to require a document to be produced.
Must return exempt document to person who produced it
55T(3) Information gathering powers—production of exempt
The Information Commissioner may require the production of an exempt document.
55T(4) Information gathering powers—production of exempt
Access to document is restricted to the Information Commissioner.
55T(5) Information gathering powers—production of exempt
freedom-of-information-act-1982.pdf, p.154
55U Information gathering powers—production of national
IC review of a decision in relation to an exempt document under section 33, 34 or 45A.
55U(1) Information gathering powers—production of national
The Information Commissioner may only require the production of a document.
55U(2) Information gathering powers—production of national
Require document production for inspection if exempt claim is disputed
55U(3) Information gathering powers—production of national
Imposes a duty on the Information Commissioner
Requires evidence to be satisfied before requiring document production
Involves an ordered trace of document inspection
55U(4) Information gathering powers—production of national
freedom-of-information-act-1982.pdf, p.155
55V Information gathering powers—further searches for a
Refusal of access to a document under section 24A
55V(1) Information gathering powers—further searches for a
Defines a temporal interval for when access to a document can be refused under section 24A
(a) access to the document is refused under section 24A (document cannot be found etc.); or (b) access is purportedly given to the document...
Classifies documents as accessible or not under section 24A using AI
Prohibits access to a document under section 24A
Diffuses information about when access to a document can be refused under section 24A
Agency or Minister must conduct further searches for a document upon request.
55V(2) Information gathering powers—further searches for a
55W Information gathering powers—obliging persons to appear
The Information Commissioner may require a person to appear before the Information Commissioner.
55W(1) Information gathering powers—obliging persons to appear
Notice must be in writing, specify time and place for compliance.
55W(2) Information gathering powers—obliging persons to appear
Failure to comply with a notice requirement is an offence.
55W(3) Information gathering powers—obliging persons to appear
if the person is subject to a requirement specified in a notice under subsection (1); and
Temporal relation: before the notice requirement.
Obligation to comply with a notice requirement.
freedom-of-information-act-1982.pdf, p.156
55X Information gathering powers—administration of oath or
The Information Commissioner may administer an oath or affirmation to a person.
55X(1) Information gathering powers—administration of oath or
The Information Commissioner must administer an oath or affirmation.
55X(2) Information gathering powers—administration of oath or
Failure to comply with oath or affirmation requirement is an offence.
55X(3) Information gathering powers—administration of oath or
Obligation to comply with oath or affirmation requirement.
Person is required under this section to be examined on oath or affirmation.
No loss of legal professional privilege when information is given, produced or referred to for the purposes of this Part.
55Y Information gathering powers—no loss of legal professional
freedom-of-information-act-1982.pdf, p.157
55Z Information gathering powers—protection from liability
Protection from liability for good faith information gathering
55Z(1) Information gathering powers—protection from liability
Duty to provide information in good faith
Protection from liability for information gathering powers
55Z(2) Information gathering powers—protection from liability
Civil proceedings do not lie against a person
55Z(3) Information gathering powers—protection from liability
Imposes a duty on the person to comply with this section
freedom-of-information-act-1982.pdf, p.158
55ZA Evidence by Inspector-General of Intelligence and Security—
55ZB Evidence by Inspector-General of Intelligence and Security—
Request for personal appearance and evidence from Inspector-General of Intelligence and Security before determining a document is exempt.
55ZB(1) Evidence by Inspector-General of Intelligence and Security—
The Information Commissioner MUST request the Inspector-General of Intelligence and Security to appear personally...
The Inspector-General of Intelligence and Security MUST give evidence on...
...the Inspector-General of Intelligence and Security to give evidence on...
The Information Commissioner MUST consider the damage that would, or could reasonably be expected to, be caused to...
Obligation to consider damage to Commonwealth security, defence, or international relations
...the damage that would, or could reasonably be expected to, be caused to...
The Information Commissioner MUST consider whether giving access to the document in accordance with the request would divulge any information or matter communicated in confidence...
Obligation to consider divulgence of confidential information
...whether giving access to the document in accordance with the request would divulge any information or matter communicated in confidence...
The Information Commissioner MUST provide reasons for the determination that the document is not an exempt document under section 33.
Obligation to provide reasons for exemption determination
The Information Commissioner MUST consider the international relations of the Commonwealth.
Obligation to consider Commonwealth interests
...the international relations of the Commonwealth;
Request for Inspector-General to appear and give evidence on potential damage or divulgence of confidential information.
55ZB(2) Evidence by Inspector-General of Intelligence and Security—
The Inspector-General must appear and give evidence...
The Information Commissioner must request the Inspector-General...
The Inspector-General must give evidence on the requested matters
The Inspector-General must appear personally...
Agency must provide evidence before hearing Inspector-General's evidence
55ZB(3) Evidence by Inspector-General of Intelligence and Security—
freedom-of-information-act-1982.pdf, p.160
Must comply with request unless not qualified to give evidence
55ZC Evidence by Inspector-General of Intelligence and Security—
55ZD Evidence by Inspector-General of Intelligence and Security—
Inspector-General of Intelligence and Security must comply with a request under section 55ZB.
55ZD(1) Evidence by Inspector-General of Intelligence and Security—
The Information Commissioner must allow the Inspector-General to take possession of documents.
55ZD(2) Evidence by Inspector-General of Intelligence and Security—
Production of documents required by Inspector-General
55ZD(3) Evidence by Inspector-General of Intelligence and Security—
The Inspector-General may make copies or take extracts from documents.
55ZD(4) Evidence by Inspector-General of Intelligence and Security—
Permission to make copies or take extracts.
Return original documents to the Information Commissioner or agency/minister after a reasonable period.
55ZD(5) Evidence by Inspector-General of Intelligence and Security—
Permits inspection of documents held by the Inspector-General.
55ZD(6) Evidence by Inspector-General of Intelligence and Security—
Permit to inspect document at reasonable times
55ZD(7) Evidence by Inspector-General of Intelligence and Security—
The Information Commissioner must allow the Inspector-General a reasonable time to consider documents.
55ZD(8) Evidence by Inspector-General of Intelligence and Security—
...a reasonable time to consider documents.
freedom-of-information-act-1982.pdf, p.162
56 Appeals—appeals to Federal Court of Australia on questions of
Right to appeal on questions of law from Information Commissioner's decision
56(1) Appeals—appeals to Federal Court of Australia on questions of
Information Commissioner's decision is subject to review
Appeal must be instituted within a specified time frame.
56(2) Appeals—appeals to Federal Court of Australia on questions of
Federal Court of Australia has jurisdiction to hear and determine appeals instituted under this section.
56(3) Appeals—appeals to Federal Court of Australia on questions of
The jurisdiction applies during appeals instituted under this section.
Jurisdiction applies during appeals instituted under this section
(3) The Federal Court of Australia has jurisdiction...
The Federal Court's jurisdiction implies the ability to hear appeals.
Federal Court's jurisdiction implies the ability to hear appeals
The Federal Court's jurisdiction implies the ability to process appeals.
Federal Court's jurisdiction implies the ability to process appeals
Federal Court has jurisdiction to hear appeals
The Federal Court's jurisdiction implies the ability to diffuse decisions.
Federal Court's jurisdiction implies the ability to diffuse decisions
Jurisdiction to make findings of fact under section 56A
56(4) Appeals—appeals to Federal Court of Australia on questions of
Subsubsection (3) included in subsection (4)
56(5) Appeals—appeals to Federal Court of Australia on questions of
Obligation to hear and determine the appeal.
The Federal Court of Australia may not make certain decisions.
56(6) Appeals—appeals to Federal Court of Australia on questions of
freedom-of-information-act-1982.pdf, p.163
The Federal Court of Australia may make findings of fact in certain circumstances.
56A Appeals—Federal Court of Australia may make findings of fact
freedom-of-information-act-1982.pdf, p.165
Application for review by the Administrative Review Tribunal
57 Review by the Tribunal—guide
Division 4 deals with the procedure to be followed in a review by the Tribunal.
Division 3 sets out the powers of the Tribunal in a review.
Division 6 deals with the circumstances in which the Tribunal may make recommendations as to costs.
Division 5 deals with ensuring that exempt matter that comes before the Tribunal is protected from disclosure.
freedom-of-information-act-1982.pdf, p.166
57A Tribunal reviewable decisions—which decisions are
57A(1) Tribunal reviewable decisions—which decisions are
Application for review of IC reviewable decision must be made within a specified period.
57A(2) Tribunal reviewable decisions—which decisions are
Obligation to make application within a specified period.
Part 5 of the Administrative Review Tribunal Act 2024 does not apply in relation to certain decisions.
57A(3) Tribunal reviewable decisions—which decisions are
freedom-of-information-act-1982.pdf, p.168
58 Powers of Tribunal
Tribunal has power to review and decide on agency/minister decisions.
58(1) Powers of Tribunal
Tribunal has the power to review and decide.
Tribunal has power to review and decide.
Tribunal cannot decide access to exempt document containing exempt matter.
58(2) Powers of Tribunal
Tribunal cannot decide access to exempt document.
Tribunal has power to determine charges payable under Act.
58(6) Powers of Tribunal
58A Powers of Tribunal—requiring further searches
Access to document is refused under section 24A.
58A(1) Powers of Tribunal—requiring further searches
Tribunal may require further searches for document.
58A(2) Powers of Tribunal—requiring further searches
58AA Powers of Tribunal—limitation on amending records
The Tribunal may require an amendment to a record of an opinion if certain conditions are met.
58AA(1) Powers of Tribunal—limitation on amending records
The amendment must be made during the factual inquiries.
The Tribunal's decision requires an amendment.
An amendment must be made if certain conditions are met.
The Tribunal has a duty to require an amendment.
The Tribunal may make a decision that requires an amendment.
Tribunal cannot amend records under certain conditions.
58AA(2) Powers of Tribunal—limitation on amending records
freedom-of-information-act-1982.pdf, p.170
58E Production to the Tribunal of certain exempt documents
Production of exempt documents in Tribunal proceedings
58E(1) Production to the Tribunal of certain exempt documents
Tribunal requires production of exempt documents
Produce exempt documents for inspection if not satisfied
58E(2) Production to the Tribunal of certain exempt documents
Tribunal must not permit access to exempt documents unless specified conditions are met.
58E(3) Production to the Tribunal of certain exempt documents
Prohibition on access to exempt documents
Document must be produced to the Tribunal if satisfied
58E(4) Production to the Tribunal of certain exempt documents
Document production is between subsection (3) and section 60
freedom-of-information-act-1982.pdf, p.32
Tribunals, authorities, and bodies specified in Schedule 1 are deemed prescribed authorities.
6 Act to apply to certain tribunals in respect of administrative
6 Dec 1988
6 Sept 2005
Amendment of offshore petroleum and greenhouse gas storage legislation
6 Oct 2009
Establishment of the Australian Signals Directorate
6 Nov 2017
6 Mar 2020
6 Nov 2023
Inclusion of staff in the tribunal's prescribed authority
a registry or other office of or under the charge of a tribunal, authority or body so specified and the staff of such a registry or other office when acting in a capacity as members of that staff
Exclusion of certain offices from being prescribed authorities
the holder of an office pertaining to a tribunal, authority or body specified in Schedule 1, being an office established by the legislation establishing the tribunal, authority or body so specified in his or her capacity as the holder of that office
being an office established by the legislation establishing the tribunal, authority or body so specified in his or her capacity as the holder of that office
freedom-of-information-act-1982.pdf, p.171
60 Procedure in Tribunal—parties
Applicability of section to proceedings under this Part.
60(1) Procedure in Tribunal—parties
Section applies to specified proceedings.
Agency's decisions are binding on its representatives.
60(2) Procedure in Tribunal—parties
(2) A decision given by a person on behalf of an agency is taken to have been given by the agency.
The representative has permission to make a decision.
Agency's representatives can make decisions.
Agency's decisions are part of its authority.
The representative is obligated to follow the decision.
Agency's representatives are obligated to follow decisions.
List of parties to a proceeding before the Tribunal for a review of a decision.
60(3) Procedure in Tribunal—parties
freedom-of-information-act-1982.pdf, p.173
60A Inspector-General of Intelligence and Security must be
Exempt document under section 33 must be disclosed in a proceeding before the Tribunal.
60A(1) Inspector-General of Intelligence and Security must be
Inspection agency has an obligation to disclose documents.
Request for personal appearance and evidence from Inspector-General
60A(2) Inspector-General of Intelligence and Security must be
Inspector-General must appear personally
60AA Procedure in Tribunal—requirement to notify affected third
Requirement to notify affected third party
60AA(1) Procedure in Tribunal—requirement to notify affected third
Agency must notify affected third party upon request for document access.
60AA(2) Procedure in Tribunal—requirement to notify affected third
Agency must notify affected third party.
freedom-of-information-act-1982.pdf, p.172
60AB Procedure in Tribunal—circumstances in which not giving
Not giving a document in relation to which a consultation requirement applies under section 27 or 27A is an obligation.
60AB(1) Procedure in Tribunal—circumstances in which not giving
No notification required under certain circumstances.
60AB(2) Procedure in Tribunal—circumstances in which not giving
Notifying an affected third party under certain circumstances may prejudice investigation, enforcement, or administration of the law.
60AB(3) Procedure in Tribunal—circumstances in which not giving
Preclusion of notification due to potential impact on investigation
freedom-of-information-act-1982.pdf, p.176
61 Onus
Agency or Minister has the onus of establishing that the decision is not justified.
61(1) Onus
Agency or Minister has onus of establishing that the decision is not justified.
Agency or Minister must establish that the decision is not justified.
Affected third party bears the onus of establishing that a decision refusing to give access is justified or that the Tribunal should give an adverse decision.
61(2) Onus
Temporal overlap between proceedings and decision-making process.
Proceedings under this Part relate to decisions made under section 26A, 27 or 27A.
Onus of establishing justification or adverse decision.
Obligation to establish justification or adverse decision.
Affected third party is a party to the proceeding.
No obligation to provide justification or adverse decision.
No prohibition on establishing justification or adverse decision.
Diffusion of onus from Tribunal to affected third party.
Tribunal has the onus of establishing justification or adverse decision.
Recurring trace of affected third party's involvement in proceedings.
The Administrative Review Tribunal Act 2024 applies to proceedings under this Part as if a reference to the decision-maker in certain provisions of that Act were a reference to the agency or Minister who made the IC reviewable decision.
61A Modification of the Administrative Review Tribunal Act 2024
The provision imposes an obligation on the agency or Minister to make decisions in accordance with the specified provisions.
The provision classifies the decision-maker as a party to be notified of application.
freedom-of-information-act-1982.pdf, p.178
62 Application of section 268 of Administrative Review Tribunal Act
Exemption from Administrative Review Tribunal Act 2024
62(1) Application of section 268 of Administrative Review Tribunal Act
additional notices containing further and better particulars
Tribunal may make declaration if notice lacks adequate particulars.
62(2) Application of section 268 of Administrative Review Tribunal Act
freedom-of-information-act-1982.pdf, p.180
63 Tribunal to ensure non-disclosure of certain matters
Tribunal must consider non-disclosure of certain matters when making orders.
63(1) Tribunal to ensure non-disclosure of certain matters
Tribunal must consider non-disclosure during determination.
(1) In determining whether the Tribunal is satisfied that it is desirable to make an order or orders under subsection 69(3) or 70(1) or (2) of the Administrative Review Tribunal Act 2024, the Tribunal must have regard to:
Tribunal has an obligation to consider non-disclosure of certain matters.
Tribunal has an obligation to consider non-disclosure.
Tribunal's consideration of non-disclosure is a trace during determination.
Tribunal cannot include certain matters in its decision or reasons.
63(2) Tribunal to ensure non-disclosure of certain matters
Matter or information of a kind referred to in paragraph (1)(a) or (b)
Prohibition on disclosure of certain matters
Tribunal may receive evidence or hear argument without applicant or representative present
In order to prevent disclosure of certain matters
Tribunal cannot include matter or information of a kind referred to in paragraph (1)(a) or (b)
64 Production of exempt documents
Tribunal must return exempt document to person who produced it, unless certain conditions apply.
64(1) Production of exempt documents
Tribunal must not disclose or permit access to exempt document.
Inspection of exempt documents by Tribunal members or staff under certain conditions.
64(1A) Production of exempt documents
Tribunal may not disclose exempt document contents to unauthorized persons.
64(2) Production of exempt documents
freedom-of-information-act-1982.pdf, p.184
66 Tribunal may make recommendation that costs be available in
Tribunal may recommend costs be paid by Commonwealth to applicant who is successful in review application.
66(1) Tribunal may make recommendation that costs be available in
Tribunal must consider financial hardship, public benefit, commercial benefit, and decision reasonableness when making a recommendation.
66(2) Tribunal may make recommendation that costs be available in
Tribunal considers time period for decision reasonableness.
(d) the reasonableness of the decision reviewed by the Tribunal.
Minister may authorize payment of costs to an applicant
66(3) Tribunal may make recommendation that costs be available in
freedom-of-information-act-1982.pdf, p.185
67 Automatic stay of certain decisions on appeal
Automatic stay of certain decisions on appeal
67(1) Automatic stay of certain decisions on appeal
Automatic stay of certain decisions on appeal from the time an appeal is instituted.
67(2) Automatic stay of certain decisions on appeal
Imposes a duty to suspend the operation of a decision.
Stay continues until earlier of Federal Court decision or other determination.
67(3) Automatic stay of certain decisions on appeal
Continuation of automatic stay on appeal
67(4) Automatic stay of certain decisions on appeal
freedom-of-information-act-1982.pdf, p.187
The Information Commissioner may investigate an action taken by an agency.
68 Investigations and complaints—guide
freedom-of-information-act-1982.pdf, p.189
69 Information Commissioner investigations—power to investigate
The Information Commissioner must investigate a complaint.
69(1) Information Commissioner investigations—power to investigate
Power to investigate agency actions under this Act
69(2) Information Commissioner investigations—power to investigate
6A Official Secretary to the Governor-General
Official Secretary to the Governor-General is exempt from this Act for administrative matters.
6A(1) Official Secretary to the Governor-General
The Official Secretary to the Governor-General is exempt from this Act for administrative matters.
Official Secretary to the Governor-General has possession of documents in certain circumstances.
6A(2) Official Secretary to the Governor-General
Document was possessed during employment
Employed under section 13 of the Governor-General Act 1974
Document in Official Secretary's possession
freedom-of-information-act-1982.pdf, p.33
6C Requirement for Commonwealth contracts
Agency must provide service under Commonwealth contract
6C(1) Requirement for Commonwealth contracts
Agency must take measures to ensure receipt of document from contracted service provider or subcontractor.
6C(2) Requirement for Commonwealth contracts
7 Exemption of certain persons and bodies
7 Dec 1992
Conditional commencement of Judiciary Amendment Act 1999
7 July 1997
7 Dec 2006
Exempts certain persons and bodies from being prescribed authorities.
7(1) Exemption of certain persons and bodies
The exemption occurs during the period when these entities would otherwise be prescribed authorities.
Describes the temporal relationship between exemption and prescribed authority.
(1) The bodies specified in Division 1 of Part I of Schedule 2, and a person holding and performing the duties of an office specified in that Division, are to be deemed not to be prescribed authorities for the purposes of this Act.
These entities are classified as exempt using AI.
These entities are exempt from being prescribed authorities.
The exemption spreads through these entities.
Describes how the exemption is propagated.
The exemption ends when these entities would otherwise be prescribed authorities.
Exemption from the definition of agency for certain parts of the Department of Defence.
7(1A) Exemption of certain persons and bodies
Exempts specified persons and bodies from the operation of the Act.
7(2) Exemption of certain persons and bodies
The exemption is applicable during the period specified in Part II of Schedule 2.
Specifies the temporal interval during which the exemption applies.
(2) The persons, bodies and Departments specified in Part II of Schedule 2 are exempt...
The Act does not apply to the documents referred to in that Schedule in relation to them.
70 Information Commissioner investigations—making complaints
Complainant may complain to the Information Commissioner about an action taken by an agency.
70(1) Information Commissioner investigations—making complaints
Indicates the relationship between actions or statements.
Indicates the subject of knowledge or inquiry.
Expresses a temporal relation between actions.
Complaint must be in writing and identify the agency.
70(2) Information Commissioner investigations—making complaints
Office must provide assistance to formulate complaint
70(3) Information Commissioner investigations—making complaints
freedom-of-information-act-1982.pdf, p.190
Interpretation of Subdivision application to part of a complaint
71 Information Commissioner investigations—interpretation
The Information Commissioner may make inquiries of the respondent agency.
72 Information Commissioner investigations—preliminary inquiries
Discretion not to investigate a complaint under section 70
73 Information Commissioner investigations—discretion not to
The decision to investigate overlaps with the action taken by an agency.
Temporal overlap between the decision to investigate and the action taken by an agency
The Information Commissioner may decide not to investigate...
The action is taken by an agency in the performance of its functions or exercise of its powers.
Obligation to investigate a complaint under section 70
Permission for the Information Commissioner to decide not to investigate a complaint under section 70
It would be reasonable for the complainant to have exercised the right.
Obligation for the complainant to exercise their right to review the action
The decision to investigate is until the complainant exercises their right.
Temporal relationship between the decision to investigate and the complainant's exercise of their right
freedom-of-information-act-1982.pdf, p.191
74 Information Commissioner investigations—transfer to
Investigations can be transferred during the satisfaction of the Information Commissioner
The Information Commissioner is satisfied that a complaint could be more effectively dealt with.
The Ombudsman has jurisdiction over complaints
Transfer of investigations implies that the Ombudsman has jurisdiction over complaints
The complaint could be more effectively dealt with by the Ombudsman.
The transfer of investigations and the jurisdiction over complaints are related concepts
Transfer of investigations and jurisdiction over complaints are related concepts
There is an obligation to transfer investigations
The Information Commissioner is satisfied that a complaint could be more effectively dealt with by the Ombudsman.
The transfer of investigations and the satisfaction of the Information Commissioner are related conditions
Transfer of investigations and satisfaction of the Information Commissioner are related conditions
freedom-of-information-act-1982.pdf, p.193
75 Information Commissioner investigations—notice requirements
Information Commissioner must notify respondent agency in writing before beginning an investigation.
75(1) Information Commissioner investigations—notice requirements
The Information Commissioner must provide notice if they decide not to investigate a complaint.
75(2) Information Commissioner investigations—notice requirements
The Information Commissioner must provide notice.
Notify complainant and respondent agency of decision in writing.
75(3) Information Commissioner investigations—notice requirements
75(4) Information Commissioner investigations—notice requirements
76 Information Commissioner investigations—conduct of
Investigations must be conducted in private and as the Information Commissioner thinks fit.
76(1) Information Commissioner investigations—conduct of
Duty to conduct investigations in private
(1) An investigation must be conducted...
The Information Commissioner may obtain information from any officer of an agency.
76(2) Information Commissioner investigations—conduct of
freedom-of-information-act-1982.pdf, p.194
77 Information Commissioner investigations—general power to
Authorized person may enter and remain at a place with consent.
77(1) Information Commissioner investigations—general power to
Authorized person may enter a place occupied by an agency or contracted service provider.
77(2) Information Commissioner investigations—general power to
Authorized person has the power to enter a place.
Authorized person may enter a place with consent from the principal officer or contracted service provider.
77(3) Information Commissioner investigations—general power to
77(4) Information Commissioner investigations—general power to
The authorised person must leave the premises.
77(5) Information Commissioner investigations—general power to
77(6) Information Commissioner investigations—general power to
An APS employee is performing the duties of an Executive Level 2, or equivalent, position...
...an information officer or APS employee...
Authorization by Information Commissioner
An APS employee is authorized by the Information Commissioner for the purposes of this section.
freedom-of-information-act-1982.pdf, p.195
78 Information Commissioner investigations—places for which
Places where investigations are prohibited
78(1) Information Commissioner investigations—places for which
Prohibition on investigation without approval
78(2) Information Commissioner investigations—places for which
authorised person must not enter or carry on investigation
freedom-of-information-act-1982.pdf, p.196
79 Information Commissioner investigations—obliging production
Person must provide information to Information Commissioner during investigation.
79(1) Information Commissioner investigations—obliging production
Notice to produce information during investigations.
79(2) Information Commissioner investigations—obliging production
79(3) Information Commissioner investigations—obliging production
The Information Commissioner has the power to require information or production.
The notice must be in writing and specify a place for compliance within 14 days.
79(4) Information Commissioner investigations—obliging production
79(5) Information Commissioner investigations—obliging production
The person commits an offence if the person engages in conduct that breaches the requirement.
The person is subject to a requirement specified in a notice.
Prohibition on failing to comply with a notice requirement.
No permission granted for failing to comply with a notice requirement.
No right granted for failing to comply with a notice requirement.
Undertaking to comply with a notice requirement is not explicitly stated.
Information about the agency's operations, including operational information.
freedom-of-information-act-1982.pdf, p.40
An agency must publish a plan and range of information on its website.
7A Information publication scheme—guide
freedom-of-information-act-1982.pdf, p.42
8 Information to be published—what information?
8 Nov 1988
8 Nov 2005
8 Oct 2009
Agency must prepare a plan showing information to be published.
8(1) Information to be published—what information?
8(2) Information to be published—what information?
Temporal interval for publication of information
Classification of agency's organisation and functions
(a) the plan prepared under subsection (1);
The Information Commissioner may make a determination by legislative instrument.
8(3) Information to be published—what information?
Agency must publish other information held by the agency.
8(4) Information to be published—what information?
Agency must publish information about its functions and powers.
8(5) Information to be published—what information?
freedom-of-information-act-1982.pdf, p.197
Information Commissioner may take possession, make copies, extracts, or hold documents for investigation purposes.
80 Information Commissioner investigations—dealings with
freedom-of-information-act-1982.pdf, p.198
Sections 55T and 55U apply to an investigation under this Part as if a reference in those sections to an IC review of a decision were a reference to an investigation of a complaint made under section 70.
81 Information Commissioner investigations—exempt documents
...as if a reference in those sections to an IC review of a decision were a reference to an investigation of a complaint made under section 70.
Temporal application of sections 55T and 55U to investigations under this Part.
Sections 55T and 55U apply to an investigation under this Part as if...
Application of sections 55T and 55U to investigations under this Part.
Temporal diffusion of sections 55T and 55U to investigations under this Part.
82 Information Commissioner investigations—obliging persons to
82(1) Information Commissioner investigations—obliging persons to
The Information Commissioner may require a person to appear.
Notice in writing, specifying time and place of compliance
Notice requirements for compliance with investigation
82(2) Information Commissioner investigations—obliging persons to
82(3) Information Commissioner investigations—obliging persons to
The person commits an offence if the person's conduct breaches the requirement.
Permission to engage in conduct that breaches a notice requirement.
The person's conduct must not breach the requirement.
Prohibition on engaging in conduct that breaches a notice requirement.
Right to be free from unreasonable requirements.
The person is subject to a requirement specified in a notice under subsection (1); and
Undertaking to comply with a notice requirement.
freedom-of-information-act-1982.pdf, p.199
83 Information Commissioner investigations—administration of
Information Commissioner may administer oath or affirmation to a person.
83(1) Information Commissioner investigations—administration of
83(2) Information Commissioner investigations—administration of
Is within the interval of true statements
Oath or affirmation is a temporal interval
The statement must be made by the person taking the oath or affirmation
Oath or affirmation implies truth-telling
The person taking the oath or affirmation
83(3) Information Commissioner investigations—administration of
Temporal relation between the requirement and the breach.
(3) A person commits an offence if: (a) the person is required under this section to be examined on oath or affirmation; (b) the person engages in conduct; (c) the person’s conduct breaches that requirement.
The person commits an offence if the person engages in conduct that breaches that requirement.
The person is required under this section to be examined on oath or affirmation.
Penalty for a contravention of this subsection: 6 months imprisonment.
Conduct that breaches the oath or affirmation requirement is prohibited.
The person's conduct breaches that requirement.
freedom-of-information-act-1982.pdf, p.200
84 Information Commissioner investigations—no loss of legal
85 Information Commissioner investigations—protection from
Protection from investigations for good faith provision of information, documents, or answers.
85(1) Information Commissioner investigations—protection from
Imposes a duty on the State to protect individuals from investigations for good faith provision of information, documents, or answers.
Protection from civil proceedings and liability for penalties.
85(2) Information Commissioner investigations—protection from
85(3) Information Commissioner investigations—protection from
86 Information Commissioner investigations—notice on completion
Notify respondent agency upon investigation completion
86(1) Information Commissioner investigations—notice on completion
Temporal relationship between investigation and notification
Investigation results, investigation recommendations, and reasons for the investigation results.
Notice on completion of investigation results and recommendations.
86(2) Information Commissioner investigations—notice on completion
Must state investigation results and recommendations.
Agency may provide comments on notice to Information Commissioner.
86(3) Information Commissioner investigations—notice on completion
The Information Commissioner must give a copy of the notice to the complainant.
86(4) Information Commissioner investigations—notice on completion
Must provide a copy of the notice to the complainant.
Information Commissioner must prepare a copy of the report to give to the complainant that excludes certain matters.
86(5) Information Commissioner investigations—notice on completion
freedom-of-information-act-1982.pdf, p.201
Investigation results must be provided by the respondent agency.
87 Information Commissioner investigations—what are the
freedom-of-information-act-1982.pdf, p.202
Investigation recommendations are formal recommendations to the respondent agency.
88 Information Commissioner investigations—what are the
The recommendations are made during the investigation.
Recommendations are made during the investigation.
The investigation recommendations, in relation to the investigation...
The Information Commissioner believes that the respondent agency ought to implement the investigation recommendations.
Duty to implement investigation recommendations.
The respondent agency ought to implement the investigation recommendations.
89 Information Commissioner investigations—failure to implement
Agency must take adequate action to implement investigation recommendations.
89(1) Information Commissioner investigations—failure to implement
Prohibits agency from failing to take adequate action.
(a) the Information Commissioner completes an investigation;
(b) the Information Commissioner gives an agency a notice under section 86;
The agency must implement investigation recommendations.
Prohibits agency from failing to implement investigation recommendations.
(c) the Information Commissioner is not satisfied that the agency has taken action that is adequate and appropriate in the circumstances to implement the investigation recommendations for the investigation.
Respondent agency must provide particulars of proposed action to implement investigation recommendations.
89(2) Information Commissioner investigations—failure to implement
Must provide particulars of proposed action.
Respondent agency must comply with implementation notice.
89(3) Information Commissioner investigations—failure to implement
freedom-of-information-act-1982.pdf, p.203
89A Information Commissioner investigations—failure to take
Failure to respond to implementation notice within specified time or inadequate action must be taken.
89A(1) Information Commissioner investigations—failure to take
The agency must respond or take action within the specified time.
(i) the agency has not responded to the implementation notice within the time specified in the notice; or (ii) the agency has not taken action that is adequate and appropriate in the circumstances to implement the investigation recommendations for the investigation.
The agency must take adequate and appropriate action.
Implication of failure to respond or inadequate action on agency's obligations.
(a) the Information Commissioner gives an implementation notice to a respondent agency; and (b) the Information Commissioner is satisfied that...
Prohibition of failure to respond or inadequate action.
Diffusion of responsibility from Information Commissioner to agency.
The agency must respond or take action until the specified time expires.
Temporal constraint for response or action.
The Information Commissioner must give a written report to the responsible Minister.
89A(2) Information Commissioner investigations—failure to take
Minister must receive report from Information Commissioner
89A(3) Information Commissioner investigations—failure to take
Information Commissioner must prepare a copy of the report to give to the FOI Minister that excludes certain matters.
89A(4) Information Commissioner investigations—failure to take
Obligation to prepare a copy of the report
The FOI Minister must cause the report to be laid before each House of Parliament.
89A(5) Information Commissioner investigations—failure to take
freedom-of-information-act-1982.pdf, p.204
Agency must provide report with details of response to implementation notice and proposed action.
89B Information Commissioner investigations—requirements for
89C Information Commissioner investigations—ensuring
Obligation to ensure documents are reported
89C(1) Information Commissioner investigations—ensuring
Exempt matter and certain information types cannot be included in a document.
89C(2) Information Commissioner investigations—ensuring
Prohibition of including exempt matter and certain information types.
freedom-of-information-act-1982.pdf, p.205
89D Information Commissioner investigations—limitation on
Restrictions on amendments to certain documents
89D(1) Information Commissioner investigations—limitation on
Limitation on Information Commissioner investigations
89D(2) Information Commissioner investigations—limitation on
Prohibits Information Commissioner investigations
Limitation on recommending amendment to a record
89D(3) Information Commissioner investigations—limitation on
...recommend that an amendment be made to a record
(3) The Information Commissioner must not...
Protection from civil action for loss suffered by another person
89E Information Commissioner investigations—protection from
Prohibits civil action against loss suffered by another person
freedom-of-information-act-1982.pdf, p.207
Ombudsman's powers not affected by this Part
89F Complaints to Ombudsman—powers not affected
The provision in this Part occurs during the exercise of the Ombudsman's powers.
Temporal relationship between provisions
This Part does not prevent the Ombudsman from exercising powers or performing functions under the Ombudsman Act 1976.
The Ombudsman's powers are excluded by this Part.
Report must not include certain information
89G Complaints to Ombudsman—report must not contain certain
Exempt matter overlaps with reports during a specific time period
Reports must not include exempt matter during a specific time period
Subsection 25(1) deals with information about the existence or otherwise of certain documents.
Exempt matter is classified as such in reports
Reports must not include exempt matter that is classified as such
Report must not include exempt matter or information about certain documents
Prohibits reporting of exempt matter and certain documents
Reports must not include exempt matter that infects other reports
Exempt matter is recurring in reports to the Ombudsman
Reports must not include exempt matter in recurring reports to the Ombudsman
89H Complaints to Ombudsman—certain rights not affected by
Ombudsman must investigate certain decisions not to grant access to documents.
89H(1) Complaints to Ombudsman—certain rights not affected by
Right to seek reasons for decision not to give access to exempt document
89H(2) Complaints to Ombudsman—certain rights not affected by
(a) seek from any person the reasons for a decision made under this Act not to give access to an exempt document
Has right to seek reasons for decision not to give access to exempt document
(2) The certificate does not affect the Ombudsman’s right to:
(b) require any person to give any information or to answer any questions concerning the decision
Has right to require information or answer questions concerning decision
freedom-of-information-act-1982.pdf, p.208
89J Complaints to Ombudsman—limitation on amending records in
Limitation on amending records in a report under section 15 of the Ombudsman Act 1976.
89J(1) Complaints to Ombudsman—limitation on amending records in
Temporal interval for amendment consideration
The Ombudsman may, in a report under section 15 of the Ombudsman Act 1976...
(a) the opinion was based on a mistake of fact;
Bias or improper conduct implies amendment
(b) the author of the opinion was biased, unqualified to form the opinion or acted improperly in conducting the factual inquiries that led to the formation of the opinion.
Limitation on amending records in reports under section 15 of the Ombudsman Act 1976
89J(2) Complaints to Ombudsman—limitation on amending records in
...recommend that an amendment be made...
freedom-of-information-act-1982.pdf, p.209
89K Vexatious applicants—declaration
The Information Commissioner may declare a person to be a vexatious applicant.
89K(1) Vexatious applicants—declaration
The Information Commissioner may make a declaration on the application of an agency or Minister.
89K(2) Vexatious applicants—declaration
Agency or Minister must establish declaration
89K(3) Vexatious applicants—declaration
The agency or Minister must establish the declaration within a certain timeframe.
The agency or Minister must establish that the Information Commissioner should make the declaration if they apply for it.
If an agency or Minister applies for a declaration, they have the onus of establishing that the Information Commissioner should make the declaration.
The agency or Minister must provide evidence to support their application for a declaration.
The agency or Minister must establish that the Information Commissioner should make the declaration.
The onus of establishing a declaration spreads to other agencies or Ministers who may also apply for a declaration.
The Information Commissioner must give written notice to the person in relation to whom the vexatious applicant declaration is made.
89K(4) Vexatious applicants—declaration
The Information Commissioner may make a declaration if the person has repeatedly engaged in access actions and abuses the process.
89L Vexatious applicants—grounds for declaration
The person has repeatedly engaged in access actions.
(i) the person has repeatedly engaged in access actions;
The repeated engagement involves an abuse of the process for the access action.
(ii) the repeated engagement involves an abuse of the process for the access action;
freedom-of-information-act-1982.pdf, p.210
89M Vexatious applicants—effect of declaration
A vexatious applicant declaration has effect in accordance with the terms and conditions stated.
89M(1) Vexatious applicants—effect of declaration
Declaration has effect during declaration period
Refusal to consider certain requests or applications without written permission.
89M(2) Vexatious applicants—effect of declaration
...if made by the person without the written permission of the Information Commissioner.
(a) an agency or Minister may refuse to consider...
Implication of refusal on request or application
Agency or Minister may refuse to consider...
89M(3) Vexatious applicants—effect of declaration
freedom-of-information-act-1982.pdf, p.211
Application for review of a decision under section 89K
89N Vexatious applicants—review by Tribunal
freedom-of-information-act-1982.pdf, p.212
89P Staff to hold appropriate security clearance
freedom-of-information-act-1982.pdf, p.44
8A Information to be published—what is operational information?
Agency must provide operational information to the public.
8A(1) Information to be published—what is operational information?
Operational information is held by the agency.
8A(2) Information to be published—what is operational information?
Operational information must be published during the agency's operational period
(2) An agency’s operational information does not include information that is available to members of the public otherwise than by being published by (or on behalf of) the agency.
Operational information must be published and made accessible to the public using AI-powered tools
Operational information must be published and made accessible to the public
Agency must ensure information accuracy, completeness, and timeliness.
8B Information to be published—accuracy etc.
Agency must ensure information accuracy.
8C Information to be published—restrictions
Publication of exempt matter is prohibited.
8C(1) Information to be published—restrictions
Restrictions on publication of information
8C(2) Information to be published—restrictions
8C(3) Information to be published—restrictions
freedom-of-information-act-1982.pdf, p.45
8D Information to be published—how (and to whom) information is
Agency must publish required or permitted information.
8D(1) Information to be published—how (and to whom) information is
Agency must publish information to the public and particular classes of persons or entities.
8D(2) Information to be published—how (and to whom) information is
Agency must publish information on a website.
8D(3) Information to be published—how (and to whom) information is
8D(4) Information to be published—how (and to whom) information is
Agency must publish details of charge for accessing information.
8D(5) Information to be published—how (and to whom) information is
freedom-of-information-act-1982.pdf, p.46
The Information Commissioner must assist agencies in identifying and preparing required information.
8E Information to be published—Information Commissioner to
freedom-of-information-act-1982.pdf, p.47
The Information Commissioner has functions to review and monitor the operation of the information publication scheme.
8F Review of scheme—Information Commissioner functions
The Information Commissioner has functions.
9 Review of scheme—by agencies
9 Mar 1982
9 Mar 1988
Fuel Tax (Consequential and Transitional Provisions) Act 2006 commencement
9 June 2006
Conditional commencement of the Parliamentary Workplace Support Service Amendment (Independent Parliamentary Standards Commission) Act 2024
9 July 2024
Agency must review information publication scheme annually or within 5 years after last review.
9(1) Review of scheme—by agencies
The first review under subsection (1) must be completed within 5 years after the day this section commences.
9(2) Review of scheme—by agencies
90 Protection against civil liability—general
No action for defamation, breach of confidence or infringement of copyright lies against the Commonwealth, a Minister, an agency or an officer of an agency.
90(1) Protection against civil liability—general
No action for defamation, breach of confidence or infringement of copyright.
No action for defamation or breach of confidence against a person supplying a document to a Minister or agency.
90(2) Protection against civil liability—general
Obligation to protect against defamation and breach of confidence
Publication of a document is covered by this subsection if it meets certain conditions.
90(3) Protection against civil liability—general
Publication of a document is covered by this subsection.
freedom-of-information-act-1982.pdf, p.213
91 Protection against civil liability—particular situations
Section 90 applies in relation to the giving of access to a document even if there has been a failure to comply with section 26A, 27 or 27A.
91(1A) Protection against civil liability—particular situations
No action lies against the Commonwealth, an agency, a Minister or an officer for failure to comply with certain sections.
91(1B) Protection against civil liability—particular situations
No action lies against the Commonwealth, an agency, a Minister or an officer.
Protection against civil liability for showing a document to certain individuals or organisations.
91(1C) Protection against civil liability—particular situations
No action for defamation, breach of confidence or infringement of copyright lies.
Obligation to protect against civil liability
Showing a document to certain individuals or organisations.
Giving access to a document does not constitute an authorization or approval.
91(2) Protection against civil liability—particular situations
(2) The giving of access to a document (including an exempt document) in consequence of a request shall not be taken to constitute an authorization or approval:
freedom-of-information-act-1982.pdf, p.215
92 Protection against criminal liability
Minister or officer not committing a criminal offence due to good faith actions under Part II or section 11C.
92(1) Protection against criminal liability
Minister's good faith actions overlap with the definition of a criminal offence
Minister's good faith actions imply no criminal offence committed
Good faith actions under Part II or section 11C
Minister's obligation to not commit a criminal offence
Minister's good faith actions diffuse the definition of a criminal offence
Protection against criminal liability for showing documents to State or organisation.
92(2) Protection against criminal liability
No criminal offence committed during this period
Temporal relation between showing documents and criminal liability
Showing documents to State or organisation for specified purposes.
Obligation to protect against criminal liability
State has the same meaning as in section 26A.
92(3) Protection against criminal liability
Agencies must provide information to Information Commissioner
93 Agencies to provide information to Information Commissioner
freedom-of-information-act-1982.pdf, p.216
93A Guidelines
The Information Commissioner may issue guidelines by instrument in writing.
93A(1) Guidelines
Regard must be had to guidelines issued by the Information Commissioner.
93A(2) Guidelines
Guidelines apply between these provisions.
Guidelines apply to specific provisions.
Provisions include paragraph 9A(b), subsection 11B(5), and subsection 15(5A).
Function/exercise of power is guided by guidelines.
Guidelines are related to the performance of a function or exercise of power.
Performance of a function or exercise of power under this Act.
Function/exercise of power contains guidelines.
Guidelines are part of the performance of a function or exercise of power.
Function/exercise of power is validated by guidelines.
Guidelines validate the performance of a function or exercise of power.
Guidelines are not legislative instruments.
93A(3) Guidelines
(3) Guidelines are not legislative instruments.
93B Review of operation of Act
Minister must undertake review of Act's operation.
93B(1) Review of operation of Act
Review of operation of Act must start within 6 months after commencement.
93B(2) Review of operation of Act
The Minister must prepare a written report about the review.
93B(3) Review of operation of Act
Minister must lay report before Parliament within 15 sitting days.
93B(4) Review of operation of Act
freedom-of-information-act-1982.pdf, p.217
94 Regulations
Governor-General may make regulations not inconsistent with the Act.
94(1) Regulations
Regulations cannot vary charge amounts based on agency or class of agency.
94(2) Regulations
freedom-of-information-act-1982.pdf, p.48
Must consider objects of the Act and guidelines issued by the Information Commissioner.
9A Functions and powers under this Part
...the objects of this Act (including all the matters set out in sections 3 and 3A);
Temporal interval: Agency's consideration of Act objects.
In performing a function, or exercising a power, under this Part,
Obligation to consider objects of the Act and guidelines.
...guidelines issued by the Information Commissioner for the purposes of this paragraph under section 93A;
Obligation to consider guidelines issued by the Information Commissioner.
...and guidelines issued by the Information Commissioner for the purposes of this paragraph under section 93A.
freedom-of-information-act-1982.pdf, p.1
Compilation information and notes on amendments.
1 January 2026
Freedom of Information Act 1982