Open Records Laws in Australia

Response Timeline

30 calendar days from receipt of a valid request (Section 15(5)(b)). Extensions of up to 30 additional days permitted under Section 15(6) for: consultation with third parties, voluminous requests, or when access involves Commonwealth-State relations. The agency must notify the applicant of the extension in writing, stating the reasons and the new deadline. Further extensions beyond 30 days require agreement of the Information Commissioner (Section 15AA).

Any person (including non-citizens and non-residents) may make a request. "Person" includes bodies corporate. No Australian citizenship, residency, or physical presence required.

How to Submit a Request

Accepted Methods

• Mail
• Email

Requests must be in writing and sent to the relevant agency or minister. There is no centralised portal -- each agency has its own FOI contact officer. Many agencies accept requests by email, post, or hand delivery. Requests can be addressed to the principal officer of the agency or the responsible minister.

Required Elements

• Writing — Request must be in writing (Section 15(2)(a))
• Description — Provide sufficient information about the document(s) to enable the agency to identify them (Section 15(2)(b))
• Address — Provide an address or electronic address for notices (Section 15(2)(c))

Optional Elements

• Preferred form — Specify preferred form of access (inspection, copy, transcript, etc.) under Section 20
• Date range — Narrow the search to a specific time period
• Specific agency unit — Identify the division or branch likely to hold the documents

Fees

The 2010 reforms abolished the AUD $30 application fee, removing a significant barrier to access. Charges are now limited to processing costs. Agencies must provide an estimate of charges and allow applicants to narrow their request to reduce costs. The Information Commissioner can review charge decisions. Commercial requesters and media/non-profit requesters may face different charge treatment at agency discretion.

Fee Waivers

• {'name': 'Financial Hardship', 'waives': ['processing_charges'], 'category': 'discretionary', 'criteria': ['Applicant would suffer financial hardship'], 'how_to_apply': 'Include a statement of financial hardship with the request'}
• {'name': 'Public Interest', 'waives': ['processing_charges'], 'category': 'discretionary', 'criteria': ['Giving access is in the general public interest or the interest of a substantial section of the public'], 'how_to_apply': 'Explain the public interest benefit in the request'}
• {'name': 'Reduced Charges', 'waives': ['partial_charges'], 'category': 'discretionary', 'criteria': ['Agency discretion to reduce or not impose charges'], 'how_to_apply': 'Request reduced charges from the FOI contact officer'}

Fee waivers and reductions are at agency discretion. The Information Commissioner can review charge decisions on complaint. Financial hardship and public interest are the two main grounds for waiver under the FOI guidelines.

Exemptions

• National Security, Defence, International Relations
  Documents affecting the security, defence, or international relations of the Commonwealth (conditional exemption prior to 2010 reforms, now mandatory for some elements)
• Cabinet Documents
  Documents that have been submitted to Cabinet or prepared for submission to Cabinet, or official records of Cabinet
• Law Enforcement and Public Safety
  Documents whose disclosure would, or could reasonably be expected to, prejudice law enforcement, endanger life or safety, or prejudice fair trial
• Secrecy Provisions
  Documents whose disclosure is prohibited by other legislation listed in Schedule 3 of the Act
• Legal Professional Privilege
  Documents subject to legal professional privilege
• Material Obtained in Confidence
  Documents containing material obtained in confidence, disclosure of which would found an action for breach of confidence
• Commercial Confidence
  Trade secrets or commercially valuable information that would be destroyed or diminished by disclosure
• Certain Operations of Agencies
  Documents whose disclosure would or could reasonably be expected to substantially adversely affect agency deliberative processes, management functions, testing/auditing procedures, or proper conduct of industrial relations
• Personal Privacy
  Documents whose disclosure would involve unreasonable disclosure of personal information about any person (including a deceased person)
• Business Affairs
  Documents whose disclosure would unreasonably affect a person adversely in respect of their lawful business, professional, commercial, or financial affairs

Exemptions are divided into two categories: mandatory (agency must refuse access) and conditional (agency may refuse, but must consider the public interest). For conditional exemptions, the agency must weigh the public interest in disclosure against the harm that could result. The 2010 reforms introduced the objects clause (Section 3) emphasising that the Act should be interpreted to further the right of access, creating a pro-disclosure presumption.

Appeal Process

The 2010 reforms introduced the Information Commissioner review as a free intermediate step between internal review and the Tribunal (then the AAT). This significantly improved access to independent review by removing the cost barrier. On 14 October 2024, the Administrative Appeals Tribunal (AAT) was replaced by the Administrative Review Tribunal (ART). Under Section 66, the Tribunal may recommend that the Commonwealth issue a costs certificate in certain circumstances, which can reimburse the applicant for legal costs incurred at the Tribunal.

Request Templates

Records Retention

Archives Act 1983 (Cth)

View retention law →

Retention schedule catalog →

Commonwealth records must be transferred to the National Archives within 15 years (s. 27). No records may be destroyed without National Archives permission. Records are generally open for access at 20 years.

Sources & References

• Full text of law →
• Primary source →
• Office of the Australian Information Commissioner (OAIC) →
• Attorney-General's Department - Freedom of Information →
• OAIC FOI Guidelines →
• RTI Rating - Australia →