Effective until 30 June 2008
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| CSA's previous online law & policy guide Effective until 30 June 2008 |
6.6.2: Gaining access to documentsContext Wherever possible, CSA will make documents available to a person without requiring them to apply under the FOI Act. This topic explains when CSA will require a person to formally request access under the FOI Act, and how CSA will deal with FOI applications. Legislative References Freedom of information Act 1982 Freedom of information (Fees and Charges) Regulations 1982 Explanation CSA makes child support forms, brochures, booklets and CSA policy freely available to the public. Many of these documents are available on CSA's website at www.csa.gov.au.. Also, CSA often receives requests from customers and stakeholders who seek access to other documents held by CSA. In responding to these requests CSA will provide access to documents without the formalities of a request under the FOI Act where possible. In some situations CSA will require a request under the FOI Act. CSA guidelines and policies are available to the public upon request. In addition copies of documents that have been sent to CSA (including letters and forms) will be made available to the person who sent them on their request. CSA will also provide records of conversations with CSA staff on the request of the person involved in the call and will provide copies of court orders and agreements to the parents involved. Example A payer asks for a copy of the child support agreement and the Application for Acceptance form that was lodged. A CSA officer sends the payer a copy after deleting personal details of any other person which may have been recorded on it (e.g. tax file number, address, phone number, Centrelink identifier). Where a request includes documents containing information about other people a request under the FOI Act is needed. This includes requests for copies of letters or records of telephone conversations about the applicant between CSA and another person and documents exchanged between CSA and the other parent. Example A payee requests access to the 'whole CSA file' involving the payee. As CSA records for the payee's child support entitlement would include documents containing information about third parties an FOI request would be necessary. How is an application under the FOI Act made? What documents are covered by FOI? What types of documents are exempt? Consultation before release of documents. What are the rights for review? What can be done if the information held by CSA is incorrect? The Freedom of information Act 1982 (the FOI Act) was introduced to extend the right of every person to information held by Government and/or its agencies. An applicant does not have to provide a reason for requiring access. The FOI Act extends the right of every person to access to information in the possession of the Federal Government in 2 ways.
Understandably, access to all documents in the possession of the Government is not possible as confidentiality must be maintained where it is necessary for the protection of essential public interests and the private and business affairs of persons and organisations in respect of whom information is collected. How is an application under the FOI Act made? Formal applications for access to documents under the FOI Act must:
Requests under the FOI Act may be lodged at any CSA office or posted to the FOI contact officer. Generally copies of documents requested under the FOI Act are posted to the applicant. Documents requested may also be viewed at CSA offices. The FOI Act provides that fees and charges may be levied for the provision of information. The rates for fees and charges are fixed in accordance with the FOI (Fees and Charges) Regulations at:
Requests for personal information can incur a maximum charge of 2 hours for locating documents and a further 2 hours for decision-making. However, the full rates for the provision of access apply. Fees and charges can be waived (in whole or in part) for any reason, including financial hardship or that the access is in the public interest. If an FOI request is received without the prescribed fee and CSA is unable to satisfy the request through other administrative means CSA will advise the applicant of the waiver provisions in the FOI Act. The legislation expressly refers to financial hardship and public interest as relevant reasons in deciding whether to remit an application fee or reduce a charge. However, if an application for waiver or reduction is received all other relevant reasons must be taken into account. In considering a request for remission of an application fee or to reduce a charge CSA will consider all relevant factors it is aware of, whether or not they have been raised by the applicant. While the applicant's reasons for seeking the document are not relevant in deciding whether or not to grant access, they can be taken into account in considering an application for remission of a fee, or reduction, or non-imposition, of a charge. The fact that the applicant has requested access to documents containing personal information about them will be a relevant reason. Whilst this is not conclusive, where an individual applicant makes an application in relation to their personal information CSA will usually remit any fees and charges that would be imposed in relation to the application. This is particularly the case if it is the first application that the person has made to CSA under the FOI Act in relation to the particular information. If an applicant has made multiple applications in relation to the same issue or series of documents containing their personal information the applicant's reasons and circumstances will be taken into account in deciding whether fees and charges should be imposed. Where an applicant seeks remission, reduction or non-imposition of fees and charges on the basis of financial hardship a detailed inquiry into the individual's means is not justified. Where a person is in receipt of a modest income or an income tested benefit or pension CSA will accept that payment of the fee or charge would cause financial hardship. Where an applicant applies for internal review of a decision and the only issue on review is the imposition of fees and charges CSA will waive the fee for the internal review. A valid FOI request must be acknowledged within 14 days of receipt by the agency (section 15(4)). The applicant must be notified of the decision and the reasons for the decision within 30 days (section 15(5)). However, if it is necessary to consult with third parties that period is extended by another 30 days (section 15(6)). What documents are covered by FOI? The FOI Act allows access to documents held by government agencies. The definition of 'document' is broad and includes written documents, photographs, drawings, and computer records (section 4(1)). However, the FOI Act does not require agencies to make available information which is not already in documentary form apart from producing printouts or transcripts of material stored on computer or in sound recordings. Access to documents can be refused if:
Also, an employee, or former employee, of an agency which has established procedures to allow employees, or former employees, access to their own personnel records must first use those procedures (s15A). What types of documents are exempt? Exemptions are based on what is essential to maintain our system of government and on what is necessary to protect the legitimate interests of third parties who provide information to Government. The exemptions are designed to provide a balance between the rights of applicants to disclosure of government held documents and the need to protect the legitimate interests of government and third parties who deal with government. The exemptions listed in the FOI Act are based on the premise that disclosure of the particular information would:
In certain circumstances, documents relating to the following categories (where their release could damage Government or third party interests or other public interests) are exempt:
Exemptions should only be claimed where the relevant information is genuinely sensitive and real harm will be caused by its disclosure. An exemption should not be claimed just because it is technically available. Consultation before release of documents. Where a request is made for access to a document containing:
there are procedures set down in the FOI Act (sections 26A, 27 and 27A) for consultation with third parties. The procedures ensure that the person, organisation or State is to be consulted, where practicable, before a decision to release the document is taken. If a decision is made to give access to the document the person or organisation may seek internal review (section 54) and may apply to the Administrative Appeals Tribunal (AAT) for a review of that decision (section 55). What are the rights for review? Where a decision has been made not to grant access to documents or where a decision has been made to disclose a document not withstanding contentions to the contrary by a third party, there is an entitlement to have that decision reviewed by the agency concerned (section 54). An internal review must be sought before an appeal can be made to the AAT (section 55). An applicant can apply to the AAT for a review of a decision made on internal review or a deemed refusal of a request. The AAT can also review decisions to defer access or to impose charges in relation to a request for access. The AAT has power to change the original decision. An applicant may also ask to have an agency's decision or delay investigated by the Commonwealth Ombudsman. The Ombudsman can review FOI decisions to make sure they were made in a fair and proper way. The Ombudsman can't change a decision, but can recommend that this be done. The Ombudsman won't usually investigate until a decision has been reviewed internally. What can be done if the information held by CSA is incorrect? A person who has lawfully been provided with access to a document containing his or her personal information (whether under the FOI Act or not) may request an agency to amend it if the information is incomplete, incorrect, misleading, or out of date (section 48). If the agency grants the request an amendment is made by amending the record or adding a notation. A decision on an application for amendment must be made within 30 days. If the agency fails to make a decision or refuses to make the amendment, the applicant can apply to the AAT for a review of the decision. Version 1.0 Issued 1 October 2002 |
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