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Background
The Freedom of Information Act 1991 (the FoI Act) gives the public the right to be provided with information held by the Department of Treasury and Finance (the Department), as well as other Government agencies, unless the information is exempt from release.
In particular, you have right of access to information about your personal affairs held by the Department, and you may have records amended if the information about you is incorrect, incomplete, out of date or misleading.
If information is refused, you have the right to have the decision reviewed by the Secretary of the Department. If you are still dissatisfied, there is a right of review by the Ombudsman.
This guide is arranged to help you to understand the process of making a request under the FoI Act.
How to apply for information
What information can I request?
How can I make a request?
Where do I send the request?
Provision of information
Fees and charges
When must I pay?
Decisions
Personal information
Personal privacy
How can I amend my personal information?
Notation of claims
Appeals - Reviews
Appealing against a decision - Reviews
What decisions can be reviewed?
How do I seek a review?
What if I am still dissatisfied?
Exempt information
What are the Ombudsman's powers?
What information will not be available?
How to apply for Information
What Information can I request?
You can request information about your personal affairs created on any date. Requests for all other kinds of information are limited to information that came into the Department’s records after 1 January 1988.
Information may be in the form of written records, or be stored on computer, or be maps, graphs, photographs and the like.
The information you request can only be provided if it can be found within the existing records of the Department. You will not normally be able to use the FoI Act to access information that can be purchased from the Department or inspected in accordance with another Act.
How can I make a request?
Your request must be in writing and contain sufficient details to enable the Department to identity the information required.
Your request should also be signed and dated and give a postal address and a contact telephone number if possible.
You should also state whether you simply wish to inspect the documents or wish to have a copy supplied to you. A FoI request form can be found at: http://www.justice.tas.gov.au/__data/assets/pdf_file/45348/freedom_of_information.pdf
Where to send the request?
The FoI Officer
Department of Treasury and Finance
GPO Box 147
HOBART TAS 7001
If another department or agency jointly or wholly holds the information, the Department may transfer your request to the department or agency best able to deal with it. You will be notified of the department or agency to which your request has been transferred.
Provision Of Information
If you are granted access to the information you may:
- inspect the records; and /or
- receive a photocopy or transcript; and/or
- view or hear the information.
Fees and Charges
The FoI Act and regulations provide for a standard scale of charges to be paid by an applicant. In summary these charges are:
- $25 per hour for the time taken by the Department to find the record containing the information;
- $25 per hour for supervising your inspection of any material to which access is given;
- 20c for each page photocopied;
- $15 per page for supplying written transcripts; and
- other costs actually incurred in providing the information.
On receiving your application the Department will make an estimate of charges. If these are more than $25, the Department will notify you to find out whether you wish to proceed with the application. The maximum charge for personal information about yourself is $100 and for other information is $400.
When Must I Pay?
The Department may require a deposit before doing substantial work on your request. The deposit is $25 if the expected charge is more than $25 and not more than $100. If the expected charge is more than $100, then a 50% deposit may be required. Once it has determined to provide you with information, the Department may request full payment before doing so.
Decisions
Normally you will be notified of the decision about your request as soon as practicable, and within 30 days of the Department receiving your request.
If your request is partially or fully refused, you will be sent a notice giving reason for the decision and advising you of your review right.
Personal Information
Personal Privacy
An important feature of the FoI Act is that you can have access to your personal information held by the Department and that you can ensure it is correct. Where a person is deceased, the next of kin has the right to obtain, amend or be consulted about information relating to the deceased person’s affairs.
You are entitled to information of any age held by the Department if it relates to your personal affairs.
The FoI Act also has an exemption that prevents the unreasonable disclosure of information relating to the personal affairs of another person. If someone requests information about your personal affairs, you will be consulted if at all possible. You will be notified and have the right to appeal against a decision to release your information.
How can I amend my personal information?
If you believe that information held by the Department about your personal affairs is incorrect, incomplete, out of date or misleading, you may request amendment of the information.
There are no charges for amending personal information.
A request to amend information must:
- be in writing;
- give an address for notice;
- give details of the information which you believe is incorrect, incomplete, out of date or misleading; and
- specify the amendment you want made.
You should also supply evidence to back up your request.
The Department can amend your information by altering the information or by adding a notation.
Notation of Claims
Even if the amendment is refused, you can require the Department to add a notation to the information setting out your claims as to why you believe the information is incorrect, incomplete, out of date or misleading.
Appeals - Reviews
Appealing Against a Decision – Reviews
If you are dissatisfied with a decision made by the Department in relation to your FoI request, then you are entitled to have the decision reviewed (the FoI Act uses the term “review” rather than “appeal”).
There are two stages to the review process – firstly a review by the Secretary of the Department. This is called “internal review”. If this does not resolve the matter, then you can seek a review by the Ombudsman who is independent of the Department. This is called “external review”.
What Decision can be reviewed?
You can ask for a review of any of the following decisions about your FoI request:
- the Department’s estimate of the expected charge for the information;
- the Department’s refusal to grant access to all or part of the information; and/or
- the Department’s refusal to amend personal information that it holds about you.
You can also ask for a review of any decision made to provide information about your personal affairs (or business information in the case of an undertaking) to another person.
How Do I Seek a Review?
Once you have been notified of the Department’s decision, you have 28 days in which to apply for an internal review of that decision.
You application should be in writing addressed to the Secretary of the Department. The Secretary, or another authorised person, will make a decision on your application and notify you within 14 days.
What If I am Still Dissatisfied?
You are entitled to appeal to the Ombudsman against any decision made in relation to your request. Where a decision is made initially by the Secretary of the Department or a Minister, you can apply directly to the Ombudsman. In most cases, however, a decision will be made initially by an authorised person with the Department. As a result, you may not apply to the Ombudsman for a review until after seeking an internal review by the Department (as described above).
You should apply to the Ombudsman in writing no later than 60 days after receiving the decision of the Secretary of the Department.
If you wish to appeal against the release of your personal information to another person (or the release of business information if you are a business undertaking) then your application to the Ombudsman must be made within 28 days.
The Ombudsman will make a decision on your application within 30 days. This period may be extended if you agree to such an extension.
Exempt Information
What are the Ombudsman’s Powers?
The Ombudsman will reconsider the Department’s decision in accordance with the FoI Act. The Ombudsman is bound by the Act, but may nevertheless come to a different conclusion than the Department. For example, the Ombudsman may decide that although the information you request is confidential, it is not exempt because it would be in the public interest to release it.
In coming to a decision, the Ombudsman has wide powers to view the information held by the Department. The Ombudsman must inform the Department of the decision and the Department must implement the decision.
The Ombudsman has a number of the other powers under the FoI Act, including the power to allow the Department further time to deal with a request.
What Information Will Not Be Available?
Some of the information held by government must remain confidential, for example:
- information affecting the State’s law enforcement capability;
- information affecting the personal privacy of a person; and
- information that could place a business at a competitive disadvantage.
Generally these exemptions are not absolute and the public interest in the release of the information will be considered when a request is made.
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