Download Fact sheet: Freedom of Information Policy (pdf 145 KB) 
Introduction and general information
The Freedom of Information Act 1982 (the FOI Act) provides you with the right to request access to documents held by a Commonwealth agency.
You also have the right to ask for information about you to be changed or annotated if it is incomplete, out of date, incorrect or misleading.
All decisions under the FOI Act will be made by an authorised decision maker.
How do I make a Freedom of Information (FOI) request?
While an FOI request does not have to be in a particular form, the FOI Act sets out the requirements for a valid FOI request. The request must:
- be in writing
- state that the request is an application for the purposes of the FOI Act
- provide enough information about the document or documents sought as is reasonably necessary to enable the agency to identify it or them
- give details of how notices under the FOI Act may be sent to the applicant (e.g. by providing a postal address or a fax number or an email address) and
- be sent to the agency.
An application under the FOI Act may be made by:
- pre-paid post to Freedom of Information Contact Officer, Fair Work Ombudsman, GPO Box 9887, Melbourne, VIC, 3000; or
- email to foi@fwo.gov.au
The FOI Act requires an agency to take reasonable steps to assist an applicant in making a valid FOI request.
What documents are covered by FOI?
The FOI Act allows access to documents held by the Fair Work Ombudsman excluding documents which may be exempt from disclosure. Access to documents under the FOI Act may be granted in the following forms:
- inspection of a document
- provision of a copy of a document
- provision of a means to view a film, videotape or sound recording
- provision of a transcript of a sound recording or of shorthand notes
- provision of a computer printout
- magnetic data.
If you would like access to documents in a particular form, you should specify the form of access in your application.
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What will happen after my request is received?
If your request is a valid request under the FOI Act, an acknowledgement letter will be sent to you within 14 days of the Fair Work Ombudsman receiving your request.
You may be contacted to clarify or modify the scope of your request.
If your request is not valid, the Fair Work Ombudsman will make contact and help you make a valid request.
The Fair Work Ombudsman has 30 days from the day after the date on which a valid FOI request is received to notify you in writing of its decision.
This period can be extended by a further period of 30 days if the applicant agrees in writing and the agency gives notice of the agreed extension to the Australian Information Commissioner.
The Fair Work Ombudsman may also seek an extension from the Australian Information Commissioner if it is considered that 30 days would be insufficient to deal adequately with a request because it is complex or voluminous. The Commissioner may grant the extension if satisfied that the application is justified.
The timeframe may also be extended by 30 days for third party consultations (discussed below).
For a request for access to a document to be valid, you must provide such information concerning the document as is reasonably necessary to enable the Fair Work Ombudsman to identify it. If the document is not sufficiently described to enable its identification, the Fair Work Ombudsman may, by written notice, commence a formal request consultation process under the FOI Act to provide you with an opportunity to revise the request. A formal consultation process may also apply if the work involved in processing a request would substantially divert the resources of the agency from its other operations.
Are there fees and charges?
There are no fees for making a request or for seeking a review of a decision on the request.
The Fair Work Ombudsman may impose charges under the FOI Act for the time taken to process your application, including the time taken in searching and retrieving the documents relevant to your request, the time taken to make a decision on your request, and the costs associated with photocopying and postage.
Consultation
The Fair Work Ombudsman may be required to consult with a third party before releasing a document where a document contains the following types of information:
- the personal information of another person
- trade secrets
- information about:
- the business affairs or professional affairs of a person
- the business, commercial or financial affairs of an organisation or undertaking
- certain State communications or certain information that may affect Commonwealth / State relations.
The Fair Work Ombudsman must consult a third party in relation to a document containing the above information if it appears to the agency that the third party might reasonably wish to contend that the document is exempt.
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What types of documents are exempt?
While members of the public have a general right to access to documents of an agency under the FOI Act, the general right of access is limited by the exemptions set out in the FOI Act.
The FOI Act creates two types of exemptions:
- Exemptions. Examples:
a. cabinet documents
b. documents affecting enforcement of the law and protection of public safety
c. documents subject to legal professional privilege
d. documents containing material obtained in confidence
e. documents disclosing trade secrets or commercially valuable information.
- Public interest conditional exemptions. Examples:
a. deliberative process documents (internal working documents)
b. documents affecting the operations of an agency
c. documents the disclosure of which would involve the unreasonable disclosure of personal information
d. certain documents containing a person’s business or professional affairs or an organisation’s or undertaking’s business, commercial or financial affairs.
If the Fair Work Ombudsman determines that an exemption (list 1 above) pplies, the agency cannot give access to the document or to the exempt portion of the document.
If the Fair Work Ombudsman determines that a document is subject to a public interest conditional exemption (list 2 above), the agency must apply a public interest test. The agency must not give access to a conditionally exempt document at a particular time, if, after weighing up the factors for and against disclosure, it determines that access to the document at that time would, on balance, be contrary to the public interest. Otherwise, access must be given.
Reviewing our decisions
If you do not agree with the decision made on your FOI request, you can request the Fair Work Ombudsman to conduct an internal review. Your request must be in writing, and should be sent to the Freedom of Information Contact Officer within 30 days of being notified of the decision, or within such further period as the Fair Work Ombudsman allows.
You may also seek a review by the Australian Information Commissioner (IC Review). An application for an IC Review must be made within 60 days of notice being given of a decision.
While it is not necessary to seek an internal review by the Fair Work Ombudsman before seeking an IC Review, the Australian Information Commissioner has expressed his view that “it is usually better for a person to seek internal review of an agency decision before applying for an IC review.”
An IC Review is a merits review process. It is also intended to be informal, non-adversarial and timely.
Third parties may also apply for IC review of an access grant decision within 30 days after the day they were given notice of a decision to give access to a document.
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Complaints
If you have any concerns or complaints about your freedom of information application, you may write to:
The Director
Parliamentary Policy
Fair Work Ombudsman
GPO Box 9887
MELBOURNE VIC 3000
You may also make a complaint to the Office of the Australian Information Commissioner concerning any action taken by the Fair Work Ombudsman in exercising powers or performing functions under the FOI Act.
Complaints to that Office may be made at:
http://www.oaic.gov.au/ 
.
Need further information?
For more information on the release of information by the Fair Work Ombudsman, please view the Fair Work Ombudsman Guidance Note 2 - Document Access Policy.
You can also view the Freedom of Information Act 1982 in its entirety at www.comlaw.gov.au .
Alternatively, contact the Fair Work Infoline on 13 13 94.
For information regarding your rights under the FOI Act, you may also visit the website of the Office of the Australian Information Commissioner .
Contact us
Fair Work Infoline: 13 13 94
Monday to Friday, between 8.00am-6.00pm
Need language help?
Contact the Translating and Interpreting Service (TIS) on 13 14 50
Hearing & speech assistance
Call through the National Relay Service (NRS):
- For TTY: 13 36 77. Ask for the Fair Work Infoline 13 13 94
- Speak & Listen: 1300 555 727. Ask for the Fair Work Infoline 13 13 94