Freedom of Information Act 1982
Sections and provisions with full text and the judgments that cite each one.
Section 27A — Consultation—documents affecting personal privacy
Scope (1) This section applies if: (a) a request is made to an agency or Minister for access to a document containing personal information about a person (including a person who has died); and (b) it…
Section 29 — Charges
(1) Where, under the regulations, an agency or Minister decides that an applicant is liable to pay a charge in respect of a request for access to a document, or the provision of access to a document,…
Section 31 — Decision to impose charge—extended period for processing request
Scope (1) This section applies if: (a) on a particular day (the charge notice day) an applicant in relation to a request receives a notice under subsection 29(1) or (6) to the effect that the…
Section 31A — Access to exempt and conditionally exempt documents
The following table summarises how this Act applies to exempt documents and documents that are conditionally exempt: How this Act applies to exempt and conditionally exempt documents Item If … then ……
Section 31B — Exempt documents for the purposes of this Part
A document is exempt for the purposes of this Part if: (a) it is an exempt document under Division 2; or (b) it is conditionally exempt under Division 3, and access to the document would, on balance,…
Section 32 — Interpretation
A provision of this Part by virtue of which documents referred to in the provision are exempt documents, or are conditionally exempt: (a) shall not be construed as limited in its scope or operation…
Section 33 — Documents affecting national security, defence or international relations
A document is an exempt document if disclosure of the document under this Act: (a) would, or could reasonably be expected to, cause damage to: (i) the security of the Commonwealth; (ii) the defence…
Section 34 — Cabinet documents
General rules (1) A document is an exempt document if: (a) both of the following are satisfied: (i) it has been submitted to the Cabinet for its consideration, or is or was proposed by a Minister to…
Section 37 — Documents affecting enforcement of law and protection of public safety
(1) A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to: (a) prejudice the conduct of an investigation of a breach, or possible breach, of the…
Section 38 — Documents to which secrecy provisions of enactments apply
(1) Subject to subsection (1A), a document is an exempt document if: (a) disclosure of the document, or information contained in the document, is prohibited under a provision of an enactment or a…
Section 42 — Documents subject to legal professional privilege
(1) A document is an exempt document if it is of such a nature that it would be privileged from production in legal proceedings on the ground of legal professional privilege. (2) A document is not an…
Section 45 — Documents containing material obtained in confidence
(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. (2) Subsection (1) does…
Section 45A — Parliamentary Budget Office documents
General rules (1) A document is an exempt document if: (a) both of the following are satisfied: (i) the document originated from the Parliamentary Budget Officer or the Parliamentary Budget Office;…
Section 46 — Documents disclosure of which would be contempt of Parliament or contempt of court
A document is an exempt document if public disclosure of the document would, apart from this Act and any immunity of the Crown: (a) be in contempt of court; (b) be contrary to an order made or…
Section 47 — Documents disclosing trade secrets or commercially valuable information
(1) A document is an exempt document if its disclosure under this Act would disclose: (a) trade secrets; or (b) any other information having a commercial value that would be, or could reasonably be…
Section 47A — Electoral rolls and related documents
(1) In this section: Electoral Act means the Commonwealth Electoral Act 1918. electoral roll means: (a) a Roll of the electors of: (i) a State or Territory; or (ii) a Division (within the meaning of…
Section 47B — Public interest conditional exemptions—Commonwealth-State relations etc.
A document is conditionally exempt if disclosure of the document under this Act: (a) would, or could reasonably be expected to, cause damage to relations between the Commonwealth and a State; or (b)…
Section 47C — Public interest conditional exemptions—deliberative processes
General rule (1) A document is conditionally exempt if its disclosure under this Act would disclose matter (deliberative matter) in the nature of, or relating to, opinion, advice or recommendation…
Section 47D — Public interest conditional exemptions—financial or property interests of the Commonwealth
A document is conditionally exempt if its disclosure under this Act would have a substantial adverse effect on the financial or property interests of the Commonwealth or of an agency. Note: Access…
Section 47E — Public interest conditional exemptions—certain operations of agencies
A document is conditionally exempt if its disclosure under this Act would, or could reasonably be expected to, do any of the following: (a) prejudice the effectiveness of procedures or methods for…
Section 47F — Public interest conditional exemptions—personal privacy
General rule (1) A document is conditionally exempt if its disclosure under this Act would involve the unreasonable disclosure of personal information about any person (including a deceased person).…
Section 47G — Public interest conditional exemptions—business
(1) A document is conditionally exempt if its disclosure under this Act would disclose information concerning a person in respect of his or her business or professional affairs or concerning the…
Section 47H — Public interest conditional exemptions—research
A document is conditionally exempt if: (a) it contains information relating to research that is being, or is to be, undertaken by an officer of an agency specified in Schedule 4; and (b) disclosure…
Section 47J — Public interest conditional exemptions—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 by: (a) influencing a…
Section 48 — Application for amendment or annotation of personal records
Where a person claims that a document of an agency or an official document of a Minister to which access has been lawfully provided to the person, whether under this Act or otherwise, contains…
Section 49 — Requirements of an application for amendment
An application for amendment must: (a) be in writing; and (b) as far as practicable, specify: (i) the document or official document containing the record of personal information that is claimed to…
Section 50 — Amendment of records
(1) Subject to section 51C, where the agency or Minister to whom such an application is made is satisfied that: (a) the record of personal information to which the request relates is contained in a…
Section 51 — Annotations of records etc. following unsuccessful applications for amendments of records
(1) Where an agency or Minister decides not to amend a document or official documents wholly or partly in accordance with an application under section 48, the agency or Minister must: (a) take such…
Section 51A — Requirements of an application for annotation
An application for annotation must: (a) be in writing; and (b) as far as practicable, specify the document or official document containing the record of personal information that is claimed to…
Section 51DA — Decision not made on request for amendment or annotation within time—deemed refusal
(1) This section applies if: (a) an application has been made to an agency or Minister under section 48; and (b) the period of 30 days mentioned in section 51D (the initial decision period) has ended…
Section 51B — Annotation of records
(1) Subject to section 51C, where the agency or Minister to whom such an application is made is satisfied that the record of personal information to which the request relates is contained in a…
Section 51C — Transfer of requests
(1) Where an application is made under section 48 to an agency or a Minister and: (a) the document containing the record of personal information to which the request relates is not in the possession…
Section 51D — Notification etc. of a decision under this Part
(1) Where an application is made to an agency or Minister under this Part, the agency or Minister must take all reasonable steps to enable the applicant to be notified of a decision on the…
Section 51E — Comments on annotations
Nothing in this Part prevents an agency or Minister adding the agency’s or Minister’s comments to an annotation made to a record of information under section 51 or 51B.
Section 52 — Internal review of decisions—guide
This Part provides for internal review of decisions by agencies, other than decisions made personally by the principal officer of an agency or the responsible Minister. Agencies are required to…
Section 53 — Interpretation
For the purposes of this Act, unless the contrary intention appears, a claim that a document would, if it exists, be an exempt document under section 33 or 34 is to be deemed to be a claim that the…
Section 53A — What is an access refusal decision?
An access refusal decision is any of the following decisions: (a) a decision refusing to give access to a document in accordance with a request; (b) a decision giving access to a document but not…
Section 53B — What is an access grant decision?
(1) An access grant decision is a decision covered by the following table: Note: The table covers documents that may be conditionally exempt under section 47B (items 1 and 1A), 47G (item 2) or 47F…
Section 53C — Internal review—who is an affected third party?
(1) The following table has effect: Who is an affected third party? Item If, in relation to a request for access to a document ... the affected third party for the document is ... 1 consultation with…
Section 54 — Internal review—access refusal decision
(1) This section applies if an access refusal decision is made in relation to a request to an agency for access to a document, other than a decision made personally by the principal officer of the…
Section 54A — Internal review—access grant decision
(1) This section applies if an access grant decision is made in relation to a request to an agency for access to a document, other than a decision made personally by the principal officer of the…
Section 54B — Internal review—application for review
(1) An application for internal review must be in writing and must be made: (a) within 30 days, or such further period as the agency allows, after the day the decision is notified to the applicant…
Section 54C — Internal review—decision on internal review
Scope (1) This section applies if an application for internal review of an access refusal decision or an access grant decision (the original decision) is made in accordance with this Part. Decision…
Section 54D — Internal review—deemed affirmation of original decision
(1) This section applies if: (a) an application for internal review has been made to an agency; and (b) the period (the initial decision period) of 30 days (as mentioned in subsection 54C(3)) has…
Section 54E — Internal review—decisions to which this Part does not apply
This Part does not apply in relation to: (a) a decision on internal review; or (b) a decision in relation to the provision of access to a document upon a request that is taken to have been made under…
Section 54F — Review by the Information Commissioner—guide
This Part sets up a system for review of decisions by the Information Commissioner. Division 2 sets out the key concepts for the Part. Division 3 sets out the types of decisions that are reviewable.…
Section 54G — Key concepts—what is an IC review?
An IC review is a review of an IC reviewable decision undertaken by the Information Commissioner under this Part. Note: IC review is short for Information Commissioner review.
Section 54H — Key concepts—what is an IC review application?
An IC review application is an application made under Division 4 for the review of an IC reviewable decision. Note: IC review application is short for Information Commissioner review application.
Section 54J — Key concepts—who is an IC review applicant?
An IC review applicant is a person who applies for an IC review under section 54L or 54M. Note: IC review applicant is short for Information Commissioner review applicant.
Section 54K — Key concepts—what is an IC reviewable decision?
An IC reviewable decision is: (a) a decision covered by subsection 54L(2) (access refusal decisions); or (b) a decision covered by subsection 54M(2) (access grant decisions). Note: IC reviewable…