FOI Fact Sheet 13
Freedom of information – How to make a complaint
October 2010
You may complain to the Australian Information Commissioner if you have concerns
about how an Australian Government agency handled a request for documents under
the
Freedom of Information Act 1982 (the FOI Act) or took any other action under that
Act. If you are unhappy with the agency’s decision about giving or refusing access to
documents, you should ask for the decision to be reviewed, which is a separate process.
Disagree with an FOI decision?
If the Information Commissioner decides to
investigate your complaint, the agency you have
If you disagree with an agency’s or minister’s
complained about will be notified in writing of
decision on your request under the FOI Act, you
the complaint. The Information Commissioner
have the right to have the decision reviewed.
conducts investigations of complaints in
You can ask an agency to review its decision
private.
internally. You also have the right to ask the
Information Commissioner to review an agency’s
Who can make a complaint?
or minister’s decision. See
FOI Fact Sheet 12
Freedom of information – Your review rights
Any person can make a complaint about the
for more information about the review process.
actions of an agency in relation to an FOI activity.
You do not need to have requested documents
If you are concerned about the way an agency
under the FOI Act.
has handled your matter, you can complain to
When should I make a complaint?
the Information Commissioner.
You can complain to the Information
What are the powers of the Information
Commissioner at any time. If your complaint
Commissioner?
relates to an FOI request you can make the
The Information Commissioner can investigate
complaint at any stage of the process.
a complaint about how an agency handled
an FOI request, or other actions the agency
Before making a complaint to the Information
took under the FOI Act. The Information
Commissioner, you should contact the agency
Commissioner cannot investigate a complaint
directly to try to resolve your concerns. The
about a minister.
Information Commissioner may decide not to
investigate your complaint if you have not raised
In conducting the investigation the Information
your concerns first with the agency or you have
Commissioner has the power to:
not given the agency a reasonable opportunity
to deal with your complaint.
• make inquiries of an agency
• obtain information from any person
• take possession of, or inspect, any relevant
documents.
FOI Fact Sheet 13 – How to make a complaint
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How do I make a complaint?
Can the Information Commissioner decide
not to investigate my complaint?
Your complaint must be in writing and must
specify the agency you are complaining about.
Yes. The Information Commissioner may decide
You can send your complaint to us using
not to investigate, or may discontinue an
the details at the end of this fact sheet. A
investigation, if:
complaint form is also available on our website
at www.oaic.gov.au.
• your complaint does not concern an agency’s
action under the FOI Act
If you need help we can assist you. You can
contact us on 1300 363 992 or by email
• it is more appropriate for you to complain
to xxxxxxxxx@xxxx.xxx.xx.
to another body (such as the agency or the
Commonwealth Ombudsman)
What information do I need to put in the
complaint?
• it is more appropriate for you to ask for the
decision to be reviewed
To help the Information Commissioner give
the best consideration to your complaint,
• the agency you complained about has dealt
please provide as much relevant information
with your complaint, or is in the process of
as possible. Be clear about the issues in your
dealing with it
complaint and what action or outcome you
• your complaint is frivolous, lacking in
would like to see as a result.
substance or not made in good faith
Is there a fee for making a complaint?
• you do not have sufficient interest in the
No. There are no costs involved in making a
matter.
complaint to the Information Commissioner.
If the Information Commissioner decides not to
What will happen to my complaint?
investigate or discontinues an investigation, the
Commissioner will notify you and the agency of
An officer of the Information Commissioner will
the reasons for this in writing.
contact you to discuss your complaint and you
will be kept informed of the progress of your
How will my complaint be resolved?
complaint along the way.
In some cases the Information Commissioner’s
Before deciding whether to investigate your
investigation and intervention may result
complaint the Information Commissioner may
in the agency addressing the issues that
make preliminary inquiries of the agency you
you have complained about. In other cases
have complained about.
the Information Commissioner may make
suggestions or recommendations that the
If the Information Commissioner decides to
agency should implement. You and the agency
investigate your complaint, the Commissioner
will be notified in writing of the outcome of the
will write to the agency and request information
investigation.
to assist with the investigation.
FOI Fact Sheet 13 – How to make a complaint
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If an agency fails to take adequate
The Information Commissioner can also transfer
and appropriate action to implement
to the Ombudsman a complaint that could
any
recommendations, the
Information
more appropriately be investigated by the
Commissioner
may
issue
a
formal
Ombudsman. This could occur where the FOI
implementation notice. This notice requires
complaint is only one part of a wider grievance
the agency to explain what action it will take
about an agency’s actions. It is unlikely that this
to implement the recommendations. The
will be common. You will be notified in writing if
Information Commissioner may also provide a
your complaint is transferred.
written report to the minister responsible for
the agency, and the report will be tabled in
The information provided in this fact sheet is of a general
Parliament.
nature. It is not a substitute for legal advice.
Your name will not be included in the report
unless there is a special reason and you were
For further information
first consulted.
telephone: 1300 363 992
Investigation by the Ombudsman
email: xxxxxxxxx@xxxx.xxx.xx
write: GPO Box 2999, Canberra ACT 2601
The Commonwealth Ombudsman can also
or visit our website at
investigate complaints about action taken by
www.oaic.gov.au
agencies under the FOI Act. However, if the issue
complained about either could be or has been
investigated by the Information Commissioner,
the Ombudsman will consult the Information
Commissioner to avoid the same matter being
investigated twice. If the Ombudsman decides
not to investigate, the complaint and all
relevant documents must be transferred to the
Information Commissioner.
FOI Fact Sheet 13 – How to make a complaint
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Document Outline