Freedom of information

The ACT Freedom of Information Act 1989 (FOI Act) provides three forms of review for those people who have sought access to documents under the Act, and are not satisfied with the response of an ACT Government department or authority to their request.

These forms of review include an internal review by the department or authority you sought the information from; a complaint to the Ombudsman's office about a decision, a delay in providing information, or any other aspect of the agency's handling of your FOI request; or an appeal to the ACT Civil and Administrative Tribunal (ACAT) about an adverse internal review decision made by the agency.

If you are dissatisfied with the agency's decision on your request, you should first ask for the decision to be internally reviewed. If you are not happy with the agency review, you can complain to the Ombudsman or the ACAT.

You can complain to the Ombudsman about delays in receiving a decision; denial of access to documents or the agency's response to your request.

The Ombudsman can examine an agency's files and other records. If the Ombudsman finds that your complaint is justified he or she can recommend that the agency releases information, or in the case of delays, that the agency immediately releases the information you requested.

If you make a complaint to the ACT Ombudsman, your right of appeal to the ACAT is frozen until the Ombudsman's investigation is finished. You can appeal to the ACAT up to 28 days after receiving notice from the Ombudsman about the outcome of your complaint. ACAT may grant an extension of time under certain circumstances.