AAT: Freedom of Information:

If a party is seeking to obtain information from the Government in relation to their matter or personal information about themselves, the standard process is to make a Freedom of Information (FOI) request.

Freedom of Information in the Administrative Appeals Tribunal (AAT) refers to the access a consumer has to information held by a governmental agency such as the AAT. This information can be accessed under the Freedom of Information Act 1982 (Cth)(FOI Act).

Under this Act any person has the right to access copies of documents (except exempt documents) that the governmental body holds, has the right to change or to have annotated any details concerning the person if those details are incomplete, out of date, incorrect or misleading, and can seek a review of an AAT decision, if the AAT refuses to grant access to a document or to not amend a person’s personal record.

An exemption to a person seeking to obtain documents from the AAT, include those documents that relate to national security, are obtained in confidence, and are subject to exemptions as set out in the FOI Act.

FOI requests will usually:

1. Be in writing.
2. State that the request is an application for the purposes of the FOI Act.
3. Provide information about the document(s) that are requested.
4. Provide an address so that a reply can be given.

When making an FOI request for access to documents concerning a person’s personal information, it is best to engage an Administrative Law Lawyer as there can be charges for some requests and it may require the expertise and technical knowledge of that lawyer to obtain a successful outcome in what is otherwise known to be a difficult and complex area of the law.

Usually an applicant will be notified within 14 days that the AAT has received the FOI request. A decision to that request will usually be supplied within 30 days of receiving the initial request. It is important to note, that if a document contains information about a third party, that third party will usually need to be consulted. Such a consultation will usually take an additional 30 days. Likewise, should a request be complex, an additional 30 days will usually be required.

Once the AAT has made a decision about a request they will usually send a letter explaining their decision and a party’s review and appeal rights.

The following can usually be reviewed:

1. Where access is refused to all or part of a document.
2. Where a charge is imposed.
3. Where the AAT refuses to change or annotate information about an applicant of which the applicant claims is incomplete, incorrect, out of date or misleading.

If you require assistance with making an application for an FOI request in the AAT, please do not hesitate to contact one of our Administrative Law Lawyers to book an initial consultation with our firm. 

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