access copies of documents (except exempt documents) we hold;
ask for information we hold about you to be changed or annotated if it is incomplete, out of date, incorrect or misleading; and
seek a review of our decision not to allow you access to a document or not to amend your personal record.
You can ask to see any document that we hold. We can refuse access to some documents, or parts of documents, that are exempt. Exempt documents may include those subject to legal professional privilege, documents containing material obtained in confidence, documents containing personal or business information of third parties that it would be unreasonable to disclose (and such disclosure would be contrary to the public interest), and certain other matters that are set out in the FOI Act.
Documents available outside the FOI Act
You can get certain information, including personal information we hold about you, without following a formal process under the FOI Act.
post to: Freedom of Information, National Capital Authority, GPO Box 373, Canberra ACT 2601
Proof of Identity (For Personal Information)
If you are seeking access to documents that contain personal information either in relation to you or on behalf of another person, we require that you provide evidence of your identity with your application. Authorisation may also be required if you are acting on another person’s behalf.
Fees and charges
There is no application fee. Processing charges may, however, apply to requests other than for documents containing only your personal information. If there is a charge, you will receive a written estimate beforehand. FOI charges are assessed according to the FOI Act and the specific rates outlined in the Freedom of Information (Charges) Regulations 2019.
The most common charges are:
Activity item
Charge
Search and retrieval: time we spend searching for or retrieving a document
$15.00 per hour
Decision making: time we spend in deciding to grant or refuse a request, including examining documents, consulting with other parties, and making deletions
First five hours: Nil Subsequent hours: $20 per hour
Transcript: preparing a transcript from a sound recording, shorthand or similar medium
$4.40 per page of transcript
Photocopy
$0.10 per page
Inspection: supervision by an agency officer of your inspection of documents or hearing or viewing an audio or visual recording at our premises
$6.25 per half hour (or part thereof)
Delivery: posting or delivering a copy of a document at your request
Cost of postage or delivery
If we decide to impose a charge, we will give you a written estimate and the basis of our calculation. Where the estimated chargeis between $20 and $100, we may ask you to pay a deposit of $20, or where the estimated charge exceeds $100, we may ask you to pay a 25% deposit before we process your request.
Waivers or reductions may be possible based on financial hardship or public interest. If you are seeking a waiver of the processing charges on grounds of financial hardship, you will need to provide sufficient evidence about your financial position to allow the NCA to make its determination.
After you lodge your application, we will acknowledge it within 14 days. We will also give you an estimate of the charges that apply to your request. We will give you our decision within 30 days unless that time has been extended either by consultation with you, whilst we wait for your charges notice response, or under other provisions of the FOI Act. If a document contains information about a third party, we will need to consult with them and may need to extend the time to give you our decision by another 30 days. We may also seek your agreement to extend the time by up to 30 days if your request is complex or voluminous.
Review rights
Applicants have the right to request a review of FOI decisions made by an NCA FOI decision-maker. The following options are available:
Internal review
Review by the Office of the Australian Information Commissioner
If you wish to seek an internal review of the decision made on your FOI request, you must write to us within 30 days of being notified of the decision. An internal review will be conducted by another officer in our agency. We will advise you of our new decision within 30 days of receiving your request.
Alternatively, you may write to the Information Commissioner seeking a review of the NCA’s original decision or internal review decision within 60 days of the date of decision (or 30 days after you are notified if you are an affected third party). The Information Commissioner may decide not to conduct a review in certain circumstances. More information is available at the Office of the Australian Information Commissioner (OAIC) website.
Complaints
If you are unhappy with the way we have handled your request, you can lodge a complaint with the Office of the Australian Information Commissioner (OAIC). The Commonwealth Ombudsman can also investigate complaints about our actions. However, the Commonwealth Ombudsman and the Information Commissioner will consult to avoid the same matter being investigated twice.
FOI disclosure log
You may be able to request certain documents that we have previously released under the FOI Act. You can see a list of previous releases at our FOI Disclosure Log.
Post: Freedom of Information, National Capital Authority, GPO Box 373, Canberra ACT 2601
Acknowledgement of Country
We acknowledge the Ngunnawal people as traditional custodians of the ACT and recognise any other people or families with connection to the lands of the ACT and region.
We acknowledge and respect their continuing culture and the contribution they make to the life of this city and this region.
