Introduction

Freedom of information laws create a legal right for individuals and organisations to access information held by government ministers and agencies, both at the state and Commonwealth levels. 

Freedom of information laws can be employed in various contexts, including: 

  • Migration – immigration records, visa application information or details related to immigration policies and decisions.

  • Environment and planning – documents related to zoning, development permits, environmental impact assessments and council decisions.

  • Social security (Centrelink) – information related to the status of applications or decisions made by agencies like Centrelink.

  • Privacy – personal information held by government agencies, including medical records, police records or educational transcripts.

  • Media enquiries – documents and information relevant to investigative reporting. 

These rights can typically be exercised via administrative processes (sometimes via a website), without the need for costly and time-consuming court proceedings. 

It is important to note that there are distinct freedom of information procedures for accessing information held by Commonwealth ministers and agencies, compared to those in Victoria. The freedom of information process used depends on which entity holds the specific information being sought.

Introduction

Chapter: 12.3: Freedom of information law

Contributor: Louis Chiam, Partner; Julia Arrighi, Lawyer; and Steven Lee, Associate, Allens

Current as of: 1 September 2024

Law Handbook Page: 1021

Next Section: Commonwealth freedom of information legislation

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Commonwealth freedom of information legislation