How do I make an FOI application?

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Does one agency look after all FOI applications?

No. Each Queensland Government agency has an FOI officer who is responsible for making FOI decisions on documents held by that agency.

What is a document?

Documents include files, computer printouts, maps, plans, photographs, tape recordings, films or videotapes and other means of storing information.
A document includes a copy of a document, a part of, or extract from, a document and a copy of a part of, or extract from a document.

What will happen after I make my application to access documents?

Once an agency receives your request, an FOI officer will review it to make sure that all the necessary information has been included and the documents you are requesting have been clearly identified. If no further information is required, your application will be acknowledged within 14 days of receipt by the agency.

If the agency believes you need to pay processing charges for the application, you will be sent a letter advising you of this and be given the opportunity to talk to the agency or dispute the charges. You will need to respond to this letter within 30 days.

When your request has been processed, you will be sent a letter setting out the agency’s decision and why they have made it.

The FOI Act generally requires the agency to make a decision on your application within 45 days from the date it was received. This period can be extended by 15 days if another person or agency needs to be consulted and by further periods in some circumstances. You can assist the agency by ensuring your request is sufficiently clear for the officer to process it and that you have paid the application fee if it is required.

If the agency is unable to identify any documents relevant to your request, it must notify you within 45 days of receiving your request.

Are there any costs involved?

There is no application fee to access your ‘personal affairs’ documents. Proof of identity may be required before providing access to personal affairs documents.

Fees

A $38.00 application fee is payable for non-personal applications. The application fee must be paid if even one of the documents covered by your application does not contain any information about your personal affairs. Application fees cannot be waived.
If you don’t think an application fee should be paid, you may dispute the decision at internal review.

Charges

If your request is non-personal and the agency spends more than two hours processing your request, you have to pay processing charges.
Processing charges are:

Processing request: $5.80 per 15 minutes (or part of 15 minutes)
Supervision of inspection: $5.80 for each 15 minutes (or part of 15 minutes)
Black and white copies: 20 cents per A4 page
Other actual costs for copies of documents.

Can charges be waived?

Individuals

The only ground for waiver of charges is financial hardship. For individuals, financial hardship is measured by whether or not you hold either a health care card or pensioners concession card from Centrelink, or a pensioner concession card from the Department of Veteran Affairs. Agencies will require you to provide a certified copy of your concession card (both sides) when you apply for the charges to be waived.

If you lodge your application in person, bring along your original concession card, which will then be photocopied by the FOI officer. If you post your application, you will need to have a copy of your original concession card certified by a Commissioner for Declarations, Justice of the Peace or solicitor. To locate a JP in your area phone (07) 3239 6098 or 1300 301 147 or go to Finding a JP. To locate a solicitor, go to the Queensland Law Society website.

Non-profit organisations

Charges may also be waived where a non-profit organisation can show financial hardship. Non-profit organisations are organisations that are not carried on for the profit or gain of their individual members (for example charities, churches and clubs).

For charges to be be waived for an organisation, you will need to provide documentary evidence that the organisation is non-profit and is in financial hardship. You will need to provide information about the type and size of its funding base, the amount of the charge for access to the document (based on the agency's preliminary assessment), and the organisation's financial position, particularly its liquid funds.

Documents that may be useful for this purpose include: annual audited accounts certified by an accredited accountancy firm; statment of revenue earning for the current and last financial year; statement of assets and liabilities for the current and last financial year; and other documents showing the nature and size of the organisation's funding base.

How will I know how much I have to pay to access an FOI document?

After payment of the application fee, all non-personal FOI applications will undergo a preliminary assessment of charges setting out what the anticipated cost for the application will be. If your application is for documents which do not concern your personal affairs and if processing the application is expected to take more than two hours, you will receive a written preliminary assessment notice which explains the expected charges.

What is a preliminary assessment notice (PAN)

A preliminary assessment notice will be sent to you if charges are payable. It explains what the expected charges will be. You must agree to pay the charges set out in the notice and pay a 25% deposit if the agency asks for it before your application can proceed. Once you have agreed in writing to pay the charges you will be liable for them. You do, however, have a right to contest the charges if you feel they should be waived or have been wrongly assessed.

What are my options after the preliminary assessment?

You have three options after you receive the written notice. You can:

agree to pay the charge (and, if the agency requests it, pay a 25% deposit)

withdraw the application

send the agency an ‘objection notice’ stating that the charge should be waived or reduced due to financial hardship, or other reasons.

You will have 30 days to respond in writing, otherwise your application will be considered withdrawn.

What is a final assessment notice (FAN)

After a decision is made on your access application, a final assessment notice will be sent to you in the decision letter. The amount in the final assessment notice can be no more than was set out in the preliminary assessment notice. If the amount in the final assessment notice is less than the amount you have paid, the difference will be refunded to you.

When can I get access to the documents?

All processing charges must be paid before you are given access to any documents. Even if you are refused access to documents you still must pay the charges set our in the final assessment notice. Your right of access ceases if you don't access the documents within 60 days of being notified of the decision, but you are still liable for all the processing charges on that request.

How long does it take to process my application?

You will receive acknowledgement of the application within 14 days of receipt. The FOI officer will generally have up to 45 days to make a decision. This period can be extended by 15 days if another person or agency needs to be consulted and by further periods in some circumstances.
If the documents are non-personal and created before November 1987, it may take up to 60 days to make a decision.

Which applications may require consultation with other people or agencies?

If disclosure of a document under FOI is likely to be of ‘substantial concern’ to a person other than the person applying for it, the FOI officer may need to consult with that other person and seek their views about disclosure. While the views of the other person are taken into account, the final decision about disclosure lies with the FOI officer. The other person may then seek a review of the decision. No documents which are in dispute will be released until the review period ends or until any review applications have been determined.

How will I know when my application has been decided?

The FOI officer will contact you in writing about your FOI application. If you are refused access to a document, given partial access, or refused amendment of a document, you will be given written reasons for the decision as well as information about your rights of appeal.

If the FOI officer does not make a decision within the time period provided by the Act, you may seek external review by the Information Commissioner of the ‘deemed’ decision to refuse access.

Updated July 29, 2009