Freedom of Information Act 1982 (Cth)

Freedom of Information Act 1982

No. 3, 1982

Compilation No. 119

Compilation date: 21 February 2025

Includes amendments: Act No. 14, 2025

About this compilation

This compilation

This is a compilation of the Freedom of Information Act 1982 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part I—Preliminary 1 Short title 2 Commencement 3 Objects—general 3A Objects—information or documents otherwise accessible 4 Interpretation 4A Certain legislation relating to Australian Capital Territory not to be enactment 5 Act to apply to courts in respect of administrative matters 6 Act to apply to certain tribunals in respect of administrative matters 6A Official Secretary to the Governor‑General 6C Requirement for Commonwealth contracts 7 Exemption of certain persons and bodies Part II—Information publication scheme Division 1—Guide to this Part 7A Information publication scheme—guide Division 2—Information to be published 8 Information to be published—what information? 8A Information to be published—what is operational information? 8B Information to be published—accuracy etc. 8C Information to be published—restrictions 8D Information to be published—how (and to whom) information is to be published 8E Information to be published—Information Commissioner to assist agencies Division 3—Review of information publication scheme 8F Review of scheme—Information Commissioner functions 9 Review of scheme—by agencies Division 4—Guidelines 9A Functions and powers under this Part Division 5—Miscellaneous 10 Unpublished operational information 10A Who performs functions etc. given to agencies 10B Transitional—Norfolk Island authorities Part III—Access to documents 11 Right of access 11A Access to documents on request 11B Public interest exemptions—factors 11C Publication of information in accessed documents 12 Part not to apply to certain documents 13 Documents in certain institutions 15 Requests for access 15AA Extension of time with agreement 15AB Extension of time for complex or voluminous requests 15AC Decision not made on request within time—deemed refusal 15A Request for access to personnel records 16 Transfer of requests 16A Requests transferred from the ACT 17 Requests involving use of computers etc. 20 Forms of access 21 Deferment of access 22 Access to edited copies with exempt or irrelevant matter deleted 23 Decisions to be made by authorised persons 24 Power to refuse request—diversion of resources etc. 24AA When does a practical refusal reason exist? 24AB What is a request consultation process? 24A Requests may be refused if documents cannot be found, do not exist or have not been received 25 Information as to existence of certain documents 26 Reasons and other particulars of decisions to be given 26A Consultation—documents affecting Commonwealth‑State relations etc. 27 Consultation—business documents 27A Consultation—documents affecting personal privacy 29 Charges 31 Decision to impose charge—extended period for processing request Part IV—Exempt documents Division 1—Preliminary 31A Access to exempt and conditionally exempt documents 31B Exempt documents for the purposes of this Part 32 Interpretation Division 2—Exemptions 33 Documents affecting national security, defence or international relations 34 Cabinet documents 37 Documents affecting enforcement of law and protection of public safety 38 Documents to which secrecy provisions of enactments apply 42 Documents subject to legal professional privilege 45 Documents containing material obtained in confidence 45A Parliamentary Budget Office documents 46 Documents disclosure of which would be contempt of Parliament or contempt of court 47 Documents disclosing trade secrets or commercially valuable information 47A Electoral rolls and related documents Division 3—Public interest conditional exemptions 47B Public interest conditional exemptions—Commonwealth‑State relations etc. 47C Public interest conditional exemptions—deliberative processes 47D Public interest conditional exemptions—financial or property interests of the Commonwealth 47E Public interest conditional exemptions—certain operations of agencies 47F Public interest conditional exemptions—personal privacy 47G Public interest conditional exemptions—business 47H Public interest conditional exemptions—research 47J Public interest conditional exemptions—the economy Part V—Amendment and annotation of personal records 48 Application for amendment or annotation of personal records 49 Requirements of an application for amendment 50 Amendment of records 51 Annotations of records etc. following unsuccessful applications for amendments of records 51A Requirements of an application for annotation 51B Annotation of records 51C Transfer of requests 51D Notification etc. of a decision under this Part 51DA Decision not made on request for amendment or annotation within time—deemed refusal 51E Comments on annotations Part VI—Internal review of decisions 52 Internal review of decisions—guide 53 Interpretation 53A What is an access refusal decision? 53B What is an access grant decision? 53C Internal review—who is an affected third party? 54 Internal review—access refusal decision 54A Internal review—access grant decision 54B Internal review—application for review 54C Internal review—decision on internal review 54D Internal review—deemed affirmation of original decision 54E Internal review—decisions to which this Part does not apply Part VII—Review by Information Commissioner Division 1—Guide to this Part 54F Review by the Information Commissioner—guide Division 2—Key concepts 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? Division 3—IC reviewable decisions 54L IC reviewable decisions—access refusal decisions 54M IC reviewable decisions—access grant decisions Division 4—IC review applications Subdivision A—Making an application 54N IC review applications—application 54P IC review applications—requirement to notify affected third parties 54Q IC review applications—circumstances in which not giving notice is appropriate 54R IC review applications—withdrawal Subdivision B—Time limits 54S IC review applications—time limits 54T IC review applications—extension of time Division 5—Decision to review 54U Decision to review—interpretation 54V Decision to review—preliminary inquiries 54W Decision to review—discretion not to review 54X Decision to review—notice requirement if discretion not to review exercised 54Y Decision to review—actual decisions made after IC review has commenced Division 6—Procedure in IC review 54Z Procedure in IC review—general notice requirement 55 Procedure in IC review—general 55A Procedure in IC review—parties to proceeding 55B Procedure in IC review—application for hearing 55C Procedure in IC review—representation 55D Procedure in IC review—onus 55DA Decision‑maker must assist Information Commissioner 55E Procedure in IC review—inadequate reasons from decision maker 55F Procedure in IC review—review parties reach agreement 55G Procedure in IC review—revocation or variation of access refusal decision 55H Procedure in IC review—reference of questions of law to Federal Court of Australia 55J Procedure in IC review—sending of documents to, and disclosure of documents by, the Federal Court of Australia Division 7—Decision on IC review 55K Decision on IC review—decision of Information Commissioner 55L Decision on IC review—no power to give access to exempt documents 55M Decision on IC review—limitation on amending records 55N Decision on IC review—obligation to comply with decision 55P Decision on IC review—enforcement of decision against agency 55Q Decision on IC review—correction of errors Division 8—Information gathering powers 55R Information gathering powers—obliging production of information and documents 55S Information gathering powers—dealings with documents 55T Information gathering powers—production of exempt documents generally 55U Information gathering powers—production of national security, Cabinet or Parliamentary Budget Office documents 55V Information gathering powers—further searches for a document 55W Information gathering powers—obliging persons to appear 55X Information gathering powers—administration of oath or affirmation 55Y Information gathering powers—no loss of legal professional privilege 55Z Information gathering powers—protection from liability Division 9—Evidence by Inspector‑General of Intelligence and Security 55ZA Evidence by Inspector‑General of Intelligence and Security—scope 55ZB Evidence by Inspector‑General of Intelligence and Security—request to give evidence 55ZC Evidence by Inspector‑General of Intelligence and Security—compliance with request 55ZD Evidence by Inspector‑General of Intelligence and Security—procedural matters Division 10—Appeals 56 Appeals—appeals to Federal Court of Australia on questions of law 56A Appeals—Federal Court of Australia may make findings of fact Part VIIA—Review by the Tribunal Division 1—Guide to this Part 57 Review by the Tribunal—guide Division 2—Tribunal reviewable decisions 57A Tribunal reviewable decisions—which decisions are reviewable? Division 3—Powers of Tribunal 58 Powers of Tribunal 58A Powers of Tribunal—requiring further searches 58AA Powers of Tribunal—limitation on amending records Division 4—Procedure in Tribunal 58E Production to the Tribunal of certain exempt documents 60 Procedure in Tribunal—parties 60AA Procedure in Tribunal—requirement to notify affected third parties 60AB Procedure in Tribunal—circumstances in which not giving notice is appropriate 60A Inspector‑General of Intelligence and Security must be requested to give evidence in certain proceedings 61 Onus 61A Modification of the Administrative Review Tribunal Act 2024 62 Application of section 268 of Administrative Review Tribunal Act etc. Division 5—Protection of information in Tribunal 63 Tribunal to ensure non‑disclosure of certain matters 64 Production of exempt documents Division 6—Recommendations as to costs 66 Tribunal may make recommendation that costs be available in certain circumstances Division 7—Automatic stay of certain decisions 67 Automatic stay of certain decisions on appeal Part VIIB—Investigations and complaints Division 1—Guide to this Part 68 Investigations and complaints—guide Division 2—Information Commissioner investigations Subdivision A—Power to investigate 69 Information Commissioner investigations—power to investigate Subdivision B—Making complaints 70 Information Commissioner investigations—making complaints Subdivision C—Decision to investigate 71 Information Commissioner investigations—interpretation 72 Information Commissioner investigations—preliminary inquiries 73 Information Commissioner investigations—discretion not to investigate 74 Information Commissioner investigations—transfer to Ombudsman 75 Information Commissioner investigations—notice requirements Subdivision D—Investigation procedure 76 Information Commissioner investigations—conduct of investigation 77 Information Commissioner investigations—general power to enter premises 78 Information Commissioner investigations—places for which approval required before entry 79 Information Commissioner investigations—obliging production of information and documents 80 Information Commissioner investigations—dealings with documents 81 Information Commissioner investigations—exempt documents 82 Information Commissioner investigations—obliging persons to appear 83 Information Commissioner investigations—administration of oath or affirmation 84 Information Commissioner investigations—no loss of legal professional privilege 85 Information Commissioner investigations—protection from liability Subdivision E—Outcome of investigation 86 Information Commissioner investigations—notice on completion 87 Information Commissioner investigations—what are the investigation results? 88 Information Commissioner investigations—what are the investigation recommendations? 89 Information Commissioner investigations—failure to implement investigation recommendation 89A Information Commissioner investigations—failure to take action in response to implementation notice 89B Information Commissioner investigations—requirements for report 89C Information Commissioner investigations—ensuring non‑disclosure of certain matters 89D Information Commissioner investigations—limitation on amending records 89E Information Commissioner investigations—protection from civil action Division 3—Complaints to Ombudsman 89F Complaints to Ombudsman—powers not affected 89G Complaints to Ombudsman—report must not contain certain information 89H Complaints to Ombudsman—certain rights not affected by certificates 89J Complaints to Ombudsman—limitation on amending records in reports under the Ombudsman Act 1976 Part VIII—Miscellaneous Division 1—Vexatious applicants 89K Vexatious applicants—declaration 89L Vexatious applicants—grounds for declaration 89M Vexatious applicants—effect of declaration 89N Vexatious applicants—review by Tribunal Division 2—General 89P Staff to hold appropriate security clearance 90 Protection against civil liability—general 91 Protection against civil liability—particular situations 92 Protection against criminal liability 93 Agencies to provide information to Information Commissioner 93A Guidelines 93B Review of operation of Act 94 Regulations Schedule 1—Courts and tribunals exempt in respect of non‑administrative matters Schedule 2 Part I—Exempt agencies Division 1 Division 2 Part II—Agencies exempt in respect of particular documents Division 1 Division 2 Part III—Legislation relating to agencies exempt in respect of documents in relation to their commercial activities Schedule 3—Secrecy provisions Schedule 4—Research institutions Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history