On 19 October 2011, the Governor-General approved an amendment to the Administrative Arrangements Order transferring responsibilities for privacy and freedom of information policy from the Department of the Prime Minister and Cabinet to the Attorney-General’s Department. The Privacy and Freedom of Information Policy Branch within the Department of the Prime Minister and Cabinet has transferred to the Attorney-General’s Department as the Information Law and Policy Branch. Relevant parts of this webpage and its contents will shortly be updated and relocated to the website of the Attorney-General’s Department (www.ag.gov.au).
Freedom of Information Guidelines
1 November 2010 Reforms
Changes to the Freedom of Information Act 1982 (the FOI Act) came into effect on 1 November 2010. These changes apply to all applications made on or after 1 November.
The Office of the Australian Information Commissioner (OAIC) is producing guidelines to which decision-makers will have to have regard.
Transitional Arrangements
In cases where an initial FOI request was made prior to 1 November 2010, decision-makers must apply the Act as it was immediately prior to the commencement of the reforms. This also applies where an applicant seeks a review of a decision of an initial request which had been made prior to 1 November, irrespective of whether the review application was made before, on or after 1 November. Decision-makers should consult the following guidelines in these instances.
These guidelines provide authoritative advice to decision makers on processing FOI requests and applying the FOI Act as it was prior to 1 November 2010. The guidelines replaced the previous Freedom of Information Memoranda. Archived Memoranda are still available online but should not be relied upon.
- FOI Guidelines - Fundamental principles and procedures - Word 344KB | PDF 327KB
- FOI Guidelines - Exemptions sections in the FOI Act (9 October 2009) - Word 344KB | PDF 519KB
- FOI Guidelines - FOI Section 26 notices: Statements of reasons - Word 110KB | PDF 107KB
- FOI Guidelines - Reporting and disclosure obligations of agencies - RTF 944KB | PDF 309KB
- FOI Guidelines - Review of FOI decisions - Word 107KB | PDF 107KB
- FOI Guidelines - Fees and charges - RTF 4.36MB | PDF 257 KB
- FOI Guidelines - Guide to consultation and transfer of requests - Word 156KB | PDF 95KB
- FOI Guidelines - Amendment and annotation of records - Word 112KB | PDF 68KB
Archived Freedom of Information Memoranda
The previous Freedom of Information Memoranda were superseded by the above Freedom of Information Guidelines. They are provided here only for historical purposes and should not be relied upon. The Freedom of Information Guidelines should be consulted for current information on the application of the FOI Act as it was prior to 1 November 2010.
- List of FOI Memoranda - July 2000 - PDF 26KB - Table listing FOI memoranda. Memoranda have been deleted where they have been replaced by a later Memorandum or all matters dealt with in those Memoranda are no longer relevant.
- FOI Memoranda No.19 - December 2005 - PDF 446KB - Fundamental principles and procedures: Guidelines for those involved in processing FOI requests.
- FOI Memoranda No.20 - 1998-1999 - PDF - 51KB - Guidelines for Completing Quarterly and Annual Statistical Returns.
- FOI Memoranda No.26 - June 1993 - PDF 239KB - Section 26 Notices: Statements of Reasons.
- FOI Memoranda No.26A - June 1996 - PDF 19KB - Arrangements with regard to consultation with state governments under section 26A.
- FOI Memoranda No.29 - November 1992 - MS Word 361KB - The scheme of application fees and processing and access charges.
- FOI Memoranda No.92 - October 1991 - PDF 46.4KB - Explanation of changes effected by the Freedom of Information Amendment Bill 1991.
- FOI Memoranda No.93 - February 1992 - MS Word 42KB - Relationship between FOI Act and Privacy Act 1988.
- FOI Memoranda No.94 - June 1994 - PDF 103KB - Explanation of changes since the commencement of the Freedom of Information Amendment Act 1991.
- FOI Memoranda No.95 - June 1995 - PDF 153KB - Explanation of Freedom of Information (Miscellaneous Provisions) Regulations.
- FOI Memoranda No.96 - June 1995 - PDF 36KB - Time limits under the FOI Act.
- FOI Memoranda No.97 - July 1996 - PDF 129KB - Explanation of various statutory amendments.