The FOI Act gives you a right to access documents held by State and local government agencies, subject to some limitations. Those limitations mean that an agency can refuse access to documents, or certain information in them, if the information is exempt under the Act. For further information, refer to the FOI Exemptions page.
The type of government documents or records that can be requested extends to all manner of information, however recorded, in the possession or under the control of an agency.
Documents include (but are not limited to) maps, plans, diagrams, graphs, drawings, photographs, videos, audiotapes, CCTV footage and electronic records including emails (see definition of 'document' in the Glossary to the FOI Act).
Note: Your right under the FOI Act is to access documents, not to receive answers to questions.
An agency may be prepared to provide documents to you outside the FOI process. Some agencies have policies that allow them to routinely give people access to particular documents or kinds of documents. The access rights under the FOI Act do not apply to documents that are already publicly available (section 6).
Tip: If you are seeking documents, the best approach is to first talk with someone at the agency that holds the documents, as you may be able to access the documents without a formal application.
Your access rights
The public interest
Show moreIf the agency is required to consider the public interest, this usually means that information that would otherwise be exempt will not be exempt if its disclosure would, on balance, be in the public interest.
So what does the term ‘public interest’ mean?
It is not defined in the FOI Act. It can be a complex legal concept.
Consideration of the public interest under the FOI Act is not primarily concerned with the personal interests of the particular access applicant or with public curiosity. The public interest is a matter in which the public at large has an interest as distinct from the interest of a particular individual or individuals. The question is whether, on balance, giving access to the information would be of some benefit to the public generally.
Deciding whether or not disclosing information would, on balance, be in the public interest test involves identifying and weighing the relevant competing public interests for and against disclosure of the information and deciding where the balance lies.
TIP: In relation to personal information of a private nature, the Information Commissioner has consistently found that there is a very strong public interest in maintaining the privacy of individuals. If you are seeking information about another person, the onus is on you to establish that it is in the public interest for private information about the other person to be disclosed to you (section 102).
Children and people with intellectual difficulties
Show moreThere are no age or intellectual capacity limits on who may make an application under the FOI Act. Additionally, an application can be made on behalf of a child or a person with intellectual difficulties by an appropriate representative (e.g. guardian - see section 98).
A representative of a child or a person with intellectual difficulties may also be contacted by an agency if the agency is considering giving access to information about the child or the person with intellectual difficulties (section 32).
An agency may decide to refuse access to personal information about a child or a person with intellectual difficulties where the agency considers this would be in the best interests of the person (sections 23(4) and 23(5)).