Freedom of Information:

Individuals have a right to gain access to certain documents held by government authorities. The system that allows access is known as “Freedom of Information”. This system is established under legislative authority for the purposes of creating and maintaining a sense of accountability and transparency on the part of government institutions and as a result, foster healthy levels of trust among the electorate. Some of the more specific purposes of freedom of information include:

• Establishes an enforceable right of access for certain documents held by government departments;
• Allows individuals to update and correct any information that may be incorrect of redundant;
• Mandates that certain agencies publish operational records, policies, manuals and reports so that they are publically available;
• Enhance the process of decision making within government bodies;
• Facilitates community input and allows individuals to contribute to the process of governmental administration;
• Enhances democratic processes;
• Allows individuals to have knowledge of matters relating to them which may form the basis of decisions that are made by government bodies.

There are two complimentary legislative schemes that provide a mechanism for obtaining information from public authorities. In the Commonwealth, the relevant legislation is the Freedom of Information Act 1982 (Cth) which allows individuals to access materials from Ministries, Departments and other public authorities. In New South Wales, the Government Information (Public Access) Act 2009 (NSW) provides a complimentary scheme for the State and its governmental bodies. There may be valid reasons why a document cannot be released, and these are strictly regulated by the legislative scheme.

There is a specific process involved in making a freedom of information request in either the Commonwealth or State system. It would be beneficial to obtain legal advice when contemplating an application under the scheme. An administrative lawyer will be able to assist in completing the necessary documentation so that the request of data is processed efficiently and without undue delay.

If you have thought about obtaining information under the scheme described above, there are a number of important legal considerations that may need to be thought about first, before you finally decide what steps to take. Our freedom of information lawyers (FOI lawyers) have been assisting our clients for over a decade, and we have the experience and expertise required to guide you through the process.

If you would like to discuss obtaining information you are entitled to, you can contact our firm on (02) 9233 4048 or send an email to info@navado.com.au to set up a meeting with one of our freedom of information solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.