Responding to a Freedom of Information request as a Commonwealth agency
FOI requests give a legally enforceable right of access to documents held by Commonwealth agencies. Agencies must process within 30 days (extendable), applying only the exemptions specifically permitted by the Act, and are subject to review by the OAIC and the ART.
This is an 8-step workflow for a Commonwealth agency responding to a Freedom of Information (FOI) request under the FOI Act 1982 (Cth), within the 30-day statutory timeframe.
Before you start
- Valid FOI request (in writing, identifying applicant and documents)
- Scope clarified with the applicant
- Document search parameters identified
- Fee estimate issued (if charges apply)
The workflow
Check the request is valid
Confirm the request meets s 15 — in writing, stating it is an FOI request, providing sufficient information to identify the documents, and contact details. Invalid requests can be treated as non-FOI.
Calendar the 30-day statutory clock
The 30-day period starts on the day of receipt. Extensions are available with applicant consent or for consultation (up to 30 more days).
Scope and search for documents
Define the search parameters with the applicant to narrow scope. Conduct targeted searches of document management systems, email, and hard copy records.
Assess exemptions document by document
For each document, assess whether exemptions apply — s 33 (national security), s 37 (law enforcement), s 47F (personal privacy), s 47E (agency operations), s 47 (commercial in confidence).
Apply public interest test for conditional exemptions
For conditionally exempt documents (s 47E, s 47F, etc.) apply the public interest test under s 11A(5) and s 11B — disclosure unless contrary to the public interest.
Consult third parties
Where documents contain third party personal or commercial information, consult under s 27 (business) or s 27A (personal). Allow at least 30 days for third party input.
Prepare the decision and schedule
Draft the decision letter with statement of reasons for any exemption. Prepare a schedule of documents identifying what is released in full, in part, or refused.
Release and advise on review rights
Release non-exempt documents within time. Advise the applicant of internal review rights (30 days) and OAIC review rights (60 days).
What you will have at the end
A lawful FOI decision within statutory time, releasing non-exempt material and providing sufficient reasons to withstand OAIC or ART review.
Common issues
- Missing the 30-day deadline, creating deemed refusal and OAIC escalation
- Applying exemptions in a blanket way without document-by-document assessment
- Insufficient statement of reasons for exempted material
- Not consulting third parties where their information is involved
- Failing the public interest test for conditional exemptions
Run this workflow on a real matter
Quillio drafts FOI decisions with document-by-document exemption analysis and public interest test reasoning. See /practice-areas/commercial-lawyers.
This workflow is a general guide. State FOI regimes (GIPA NSW, FOI Vic) have distinct timeframes and exemptions — adapt the workflow for the applicable Act.
Try this workflow with Quillio.
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