Asking for information from the Community Services Directorate

The ACT Freedom of Information Act 2016 is a law that says the public have the right to access some government documents. It is known as the FOI Act.

The FOI Act gives you the legal right to:

• access government information such as policy or decision-making documents
• ask for personal information to be changed if it is incomplete, incorrect, out-of-date or misleading
• appeal a decision we make about your application to access a document or to change your personal information.

If you are looking for information from the Community Services Directorate you may be able to just ask us for it.

For some information you must complete a Freedom of Information application. This is called an FOI application.

Media requests

Journalists and media organisations should contact the Community Services Directorate media contact.

Information that is already available

Some government information is already available through the:

• Open Access Information Scheme
• Community Services Directorate disclosure log, which has information already released after a Freedom of Information Application. This does not include personal information.
• Community Services Directorate annual reports

You can also ask for your health records from ACT Health.

Information we cannot release

The law says we cannot release information if it:

• violates someone’s privacy
• is against the FOI Act
• is against another law.

This includes:

• child concern reports and appraisal reports
• adoption information
• another Housing ACT tenant’s information or Housing ACT property address
• some information about court or legal proceedings
• Cabinet documents.

Getting your personal information

You can ask for a copy of any personal information we hold about you. You do not have to put in an FOI application for these documents.

If you cannot find information

If you have not been able to get the information you want, you can make an FOI application.

Make an FOI application

To make an FOI application:

• download and fill in the FOI application form [Word 710kB]
• email the form to CSD.FOI@act.gov.au.

You can also post your form to us.

Your application must include:

• an email or postal address
• a copy of your ID if you are asking for personal information
• enough detail about the information you want so we can understand what you are asking for.

After you apply

We will write to you within 10 working days to tell you we have your application.

We will include:

• the date we received your application
• confirmation of the details of your application
• the time it will take to process your application.

If your application is missing information, we will give you advice on how to finish it.

If you do not give us the missing information, we may not be able to process your application. If this happens we will write to you to explain why.

How long it takes

It can take several weeks or months to process your application.

The time it takes will depend on:

• how complicated your application is
• how many documents you have asked for
• if we need to consult with someone else about your application
• if you agree to a longer timeframe
• if the ACT Ombudsman agrees to a longer timeframe.

When we’ve processed your application, we will send you the documents you have asked for.

If we can’t send you the documents, we write to you to explain why.

If you disagree with our decision

If we haven’t given you the information you have asked for, we will explain:

• why we haven’t given you certain documents
• your right to a review of our decision.

You can ask for the following decisions to be reviewed:

• we decide your application is outside the scope of the FOI Act
• we decide your application does not comply with the application requirements
• we decide to release documents contrary to your views (if you are a consulted party)
• you believe we should have taken steps to consult you about the release of documents
• we refuse to deal with the application
• we decide charges are payable (but not the amount of the charge)
• we don’t grant access to the documents either in full or part
• we advise that the documents don’t exist or can’t be found
• we don’t waive processing or access charges
• we provide you advice about a deemed decision

You can apply for a review of a decision to the ACT Ombudsman in writing:

The ACT Ombudsman
GPO Box 442
Canberra ACT 2601
Email ombudsman@ombudsman.gov.au

Fees and charges

It does not cost anything to make an FOI application.

We may charge you a fee if:

• the documents you ask for are more than 50 pages
• it costs us money to give you the information, such as printing, postage, electronic storage or transcribing information.

We will tell you if there will be a fee and why. We will never charge you for your personal information.

You can ask for the fee to be waived if:

• you are asking for information that was publicly available but is not any more
• the information you are asking for is of special benefit to the public
• you are an eligible concession card holder
• the request is from a not-for-profit organisation and is about that organisation
• the applicant is a member of the ACT Legislative Assembly.

Fees and charges are listed in the Freedom of Information (Fees) Determination 2018.

Contact us

If you need help to apply, contact the Community Services Directorate Freedom of Information team.