All about FOI
On this page:
- What is Freedom of Information (FOI)?
- Which agencies are covered?
- What sort of information can I ask for?
- Are any documents not available under FOI?
- Do I need to use FOI for all government documents?
- What is information about my personal affairs?
- Can I change information about myself?
- What if I disagree with an agency’s decision?
- How do I apply for an internal review?
- When can I apply for an external review?
- How do I apply for an external review?
What is Freedom of Information (FOI)?
In Queensland, the Freedom of Information Act 1992 (the FOI Act) gives you a legally enforceable right, subject to the exceptions and exclusions in the Act, to:
- access information held by government agencies (including departments, local governments and other public bodies) and Ministers
- amend information about your personal affairs that is inaccurate, incomplete, out of date or misleading
- appeal against decisions not to grant access to information or amend personal records.
The FOI Act also requires agencies to make available information about:
- how they are organised
- what their functions are
- what kinds of decisions they make
- what arrangements they have for public involvement in their work
- what kind of documents they hold and how the public can see them
- what rules and practices they use to make decisions affecting the public.
The Commonwealth Government and each State and Territory all have their own freedom of information laws. This site contains information about the Queensland FOI Act only.
Which agencies are covered?
Agencies required to provide information under the FOI Act include:
- government departments
- statutory authorities such as boards and commissions
- public hospitals
- local governments (councils) and Aboriginal councils
- Ministers
- corporatised bodies such as QRail and electricity authorities (for certain types of documents).
What sort of information can I ask for?
You can ask for both personal and non-personal information under FOI. Personal information includes public school records, health, welfare and superannuation records. Non-personal information includes government policy documents, research materials and instruction and procedure manuals.
Documents covered by the FOI Act include files, reports, certificates, letters and memos, including drafts and handwritten notes as well as CDs, microfilm/microfiche records, computer printouts, maps, plans, films, photographs, tape recordings and video recordings.
Access may be given in a number of ways including providing copies of documents, allowing documents to be inspected and making arrangements for a person to listen to tape recordings.
Are any documents not available under FOI?
The FOI Act states that agencies are required to make information available wherever possible, and that access to information can only be denied in accordance with its provisions. Access may therefore be refused in cases where, for example, there is a legitimate need for confidentiality or to protect a person’s privacy. Documents that may be ‘exempt’ under FOI include:
- cabinet and executive council documents (with some exceptions)
- documents which are exempt under FOI laws in other States
- documents concerning law enforcement and public safety
- documents subject to legal professional privilege
- documents subject to secrecy provisions in other legislation
- documents affecting the personal affairs of another person.
The FOI Act also allows agencies to refuse to provide information which is available in other ways, for example, in a library or for purchase.
Do I need to use FOI for all government documents?
No. The FOI Act does not prevent access to documents being provided in other ways, as long as the law allows it. Every day, government and other public bodies respond to requests for general information from the public without requiring an FOI application. It is worth contacting the agency concerned to find out if you can access the information you want without making an FOI application.
If you are involved in legal proceedings, your legal adviser will be able to discuss with you other ways of obtaining information such as issuing a subpoena or requesting access under the Evidence Act 1977 (visit the Queensland Parliamentary Counsel website for all Queensland legislation).
What is information about my personal affairs?
Information about your personal affairs is information about your personal or private life, for example, your:
- family and marital relationships
- health or ill-health
- relationships and emotional ties with other people
- domestic responsibilities
- family obligations
- personal income.
Not all of your affairs are your ‘personal affairs’, for example, the expression does not include your:
- employment affairs
- business affairs
- professional affairs.
A document does not concern your personal affairs just because it:
- records a policy, or contains information about an activity, which has had some impact on you
- refers to your name
- contains information about your relative, even if the relative has agreed to release the information.
Whether or not an application is for information about your personal affairs is relevant because:
- you may be required to show proof of identity to see ’personal affairs’ documents
- information about your personal affairs will generally not be released to another person
- you can apply for amendment of information that concerns your personal affairs
- there is no application fee for documents concerning your personal affairs.
Only real people can have personal affairs, not companies, clubs or other organisations.
Can I have information about myself amended?
Yes. If you have had access to a document which contains information about your personal affairs, you can apply under FOI to ask an agency to amend any of the information which is inaccurate, incomplete, out-of-date or misleading.
What if I disagree with an agency’s decision?
If you do not agree with an agency’s decision, you can ask for the decision to be looked at again. This is called an internal review.
If you are still not satisfied with the decision after the internal review, you can ask the Information Commissioner to review the agency’s decision. This is called an external review.
How do I apply for an internal review?
An application for internal review must be in writing and made within 28 days of receipt of notice of decision. Your application for review should include:
- your name
- your postal address
- telephone contact number/s
- details of the decision to be reviewed (including the name of the agency, date of decision, name of decision-maker, and the agency reference number of your FOI application).
There is no fee or charge for an internal review. A person at least as senior as the original decision-maker will reconsider your application. A new decision will be made within 28 days and you will be provided with written reasons explaining the decision.
When can I apply to the Information Commissioner for an external review?
You can apply for an external review if:
- you have applied for an internal review of the initial FOI decision and you are not satisfied with the internal review decision
- the initial FOI decision was made by the principal officer of the agency (e.g. the Director-General of an agency) and you are not satisfied with the decision
- the agency has not made its decision within the time required by the FOI Act.
How do I apply for an external review?
An application for external review must be in writing. The application can be made in a letter to the Information Commissioner, or you can use the form on the Office of the Information Commissioner’s webpage.
The application may be submitted by mail or fax and should include:
- your name
- your postal address
- your telephone contact number/s
- a copy of the decision to be reviewed (or details of the decision, including the name of the agency, date of decision, name of the decision-maker and the agency reference number)
- if possible, a copy of your FOI access application and copies of correspondence between you and the agency concerning the processing of the FOI access application.
The Information Commissioner may change or confirm the decision made on your FOI request or try to mediate an outcome. No fee or charge is payable for requesting an external review.
A decision made by the Information Commissioner may be judicially reviewed by the Supreme Court of Queensland.
If you have any questions about applying for an external review contact the Office of the Information Commissioner.
Created January 2006
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