Administrative Law & Government Disputes
Get the Government Documents You're Entitled To
Under the Freedom of Information Act, you have the right to access documents held by Commonwealth and state government agencies. When agencies refuse, redact excessively, or simply ignore your request, a lawyer can help you challenge those decisions and secure the information you need.
⚠ Strict time limits apply to FOI appeals — internal review requests must be lodged within 30 days of the decision, and OAIC complaints have their own deadlines — submit your request now.
Does This Sound Like You?
Common FOI situations we help with.
Agency flatly refused your FOI request
You submitted a valid FOI request and the agency responded with a blanket refusal, citing a broad exemption without adequate explanation. You believe the documents should be released and want to challenge the decision through the proper appeal channels.
Agency imposed excessive access charges
The agency responded to your FOI request with a fee estimate running into hundreds or thousands of dollars, effectively pricing you out of accessing the documents. You want to dispute the charges, request a fee reduction, or argue public interest grounds for a waiver.
Documents were heavily redacted
The agency released documents but redacted so much content that the material is essentially useless to you. You suspect the redactions go beyond what exemptions legitimately allow and want a review of whether the edited portions should have been released.
Request ignored past the 30-day statutory deadline
You lodged a valid FOI request more than 30 days ago and have received no response or acknowledgement from the agency. Under the FOI Act a failure to respond in time is deemed a refusal, giving you the right to seek review immediately.
Third-party objections are blocking document release
A third party — often a business or individual whose information appears in the documents — has been consulted by the agency and objected to disclosure. The agency is now using that objection as grounds to withhold documents you believe you should have access to.
You want to appeal a refusal to the OAIC
After an internal review the agency has maintained its refusal. You now want to escalate the matter to the Office of the Australian Information Commissioner for an independent review, but you're unsure of the process, what submissions to make, or how strong your case is.
How It Works
Getting help with your FOI appeal is straightforward
Tell us about your FOI request and the decision you've received. We'll match you with an administrative law specialist who can assess your grounds for review and advise on the best appeal pathway.
Submit Your FOI RequestSubmit your request
Tell us about the documents you sought, the agency's response, and what outcome you're looking for. Include any decision letters or refusal notices if you have them.
Lawyer reviews your position
An administrative law specialist reviews the exemptions claimed, assesses whether they apply to your circumstances, and advises on the strength of an appeal to the OAIC or AAT.
Appeal lodged and pursued
Your lawyer prepares and lodges the internal review request or OAIC complaint, makes written submissions, and pursues the appeal until you receive the documents or a final decision.
30 Days
The statutory deadline for agencies to respond to FOI requests — missing it is deemed a refusal you can immediately appeal
All 8 States
Requests matched to specialist lawyers across every state and territory in Australia
Free
Initial consultation — understand your rights and options before committing to any action
OAIC & AAT
Our lawyers handle appeals before the Office of the Australian Information Commissioner and the Administrative Appeals Tribunal
Before You Appeal
Practical questions about FOI requests and appeals.
How do I lodge an FOI request with a government agency? +
An FOI request must be made in writing to the relevant Commonwealth or state agency, clearly identifying the documents you are seeking. You do not need to explain why you want them or use any special form, though agencies often have their own forms to assist. The request should be as specific as possible about the documents — broad requests can attract higher processing charges or be more easily refused on grounds of practical refusal. A lawyer can help you draft a precise, legally effective request.
What are the key timeframes in the FOI process? +
Under the Commonwealth FOI Act, agencies have 30 days to respond to an initial FOI request, though this can be extended by 30 days in certain circumstances with notice to you. If the agency fails to respond within the statutory timeframe, it is taken to have refused access and you may immediately seek internal review. After an internal review decision, you have 30 days to apply to the OAIC for an Information Commissioner review, or 28 days to apply to the AAT. State and territory schemes have their own timeframes that differ somewhat from the Commonwealth rules.
What kinds of documents can legitimately be redacted or withheld? +
The FOI Act contains a number of exemptions that allow agencies to withhold or redact material. These include cabinet documents, internal working documents (deliberative process), documents affecting national security or defence, legally privileged documents, documents affecting enforcement of the law, and personal information about third parties. However, exemptions are not unlimited — agencies must apply them on a document-by-document basis, and many exemptions are subject to a public interest override that requires release if the public interest in disclosure outweighs the harm from release.
How do I appeal a refusal to the Office of the Australian Information Commissioner? +
After completing internal review, you can apply to the OAIC for an Information Commissioner (IC) review. The application is made using the OAIC's online form and must be lodged within 30 days of the internal review decision, or within 60 days in certain circumstances. The OAIC will ask both you and the agency to make submissions, may request access to the documents under review, and will issue a review decision that can require the agency to release the documents. If you are still dissatisfied, you may appeal the IC's decision to the Administrative Appeals Tribunal.
What is the third-party consultation process and how can it block access? +
Where documents contain information about an identifiable third party — such as a business's commercial information or a person's personal details — the agency is required to consult that third party before deciding whether to release the material. If the third party objects to release, the agency must consider that objection but is not automatically bound by it. The agency must still apply the relevant exemptions and, where applicable, the public interest test. A third party's objection alone is not enough to justify withholding documents that do not fall within a valid exemption, and a refusal based predominantly on a third-party objection can be challenged on review.
What is the difference between internal review and an OAIC complaint? +
Internal review is a reconsideration of the original decision by a different, usually more senior officer within the same agency. It is generally faster and less formal than an OAIC review. An OAIC Information Commissioner review is an independent external review conducted by the OAIC — the Commissioner can access the documents, receive submissions from both parties, and make a binding decision. For Commonwealth agencies you typically must seek internal review before going to the OAIC, unless the agency has no internal review process or has failed to respond within the statutory timeframe. A lawyer can advise which pathway is most appropriate in your circumstances.
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