Freedom of Information request checklist (AU)
An FOI request is a statutory tool for accessing government documents. This checklist helps lawyers draft a request that maximises disclosure and preserves review rights.
This is a 12-step checklist for preparing an FOI request under the Freedom of Information Act 1982 (Cth) or a state equivalent. It covers scoping, exemptions, and internal and external review rights.
The checklist
Identify the agency
Identify the correct agency or minister holding the documents.
Check application before FOI
Check whether the agency publishes the information under IPS or disclosure logs.
Scope the documents
Scope the request — describe the documents with enough detail for them to be found.
Consider time frame
Consider time frame of the documents and whether staged processing is needed.
Check personal information
Identify any personal information request under section 11A which attracts no charges.
Draft form of request
Draft the request in writing with contact details and form of access.
Anticipate exemptions
Anticipate the likely exemptions — Cabinet, legal professional privilege, law enforcement, business.
Scope public interest
Scope public interest factors for conditionally exempt documents.
Plan charges response
Plan the response to any charges notice, including reduction arguments.
Diarise statutory time
Diarise the 30-day decision period and extensions.
Consider internal review
Consider internal review within 30 days of an unfavourable decision.
Plan OAIC or AAT review
Plan OAIC Information Commissioner review or Tribunal review strategy.
When this checklist applies
Use when preparing an FOI request for administrative, litigation, or public interest reasons.
Common pitfalls
- Request too broad, triggering a practical refusal notice
- Missing the internal review deadline
- Failing to articulate public interest factors
- Charges notice not challenged within time
- Request directed at the wrong agency
Run this checklist on a real matter
Quillio can scope FOI requests, map exemptions, and draft internal review submissions. See /practice-areas/regulatory or start a free trial.
General Commonwealth FOI guidance. State and Territory FOI regimes have different timeframes, exemptions, and review bodies.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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