Freedom of Information
Your rights
The Freedom of Information Act 1982 (FOI Act) gives any person the right to:
- 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- ask for information we hold about you to be changed or annotated if it is incomplete, out of date, incorrect or misleading, and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 relating to national security, documents containing material obtained in confidence and Cabinet documents, or other matters set out in the FOI Act.
How to make a request
Your request must:
- be in writing
- state that the request is an application for the purposes of the FOI Act
- provide information about the document(s) to assist us to process your request
- provide an address for reply.
You can use the request form (71KB) or you can send your request:
By post
FOI Coordinator
GPO Box 1936
Canberra ACT 2601
By email
If you are requesting personal information please include evidence of your identity.
Evidence of identity for requests to access 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. If you are seeking documents containing personal information on behalf of another person, both parties must provide evidence of their identity.
We require that you provide a certified copy of an identification document. Documents that provide sufficient evidence of identity include:
- Passport
- Birth certificate
- Citizenship Certificate
- Australian Drivers Licence
The ACC prefers a copy of an identification document to be certified as a true copy of the original by a person having the power to sign a Commonwealth statutory declaration. A list of such persons is on the Attorney-General's website.
Letter of authorisation for requests made on behalf of another person
If another party is acting on your behalf we require that you submit a letter of authorisation with the FOI application.
- sample letter (67KB)
If you require assistance with your request, please contact the FOI Contact by email at foi@crimecommission.gov.au or via postal address:
FOI Coordinator
GPO Box 1936
Canberra ACT 2601
Fees and charges
There is no application fee for an FOI request.
There are no processing charges for requests for access to documents containing only personal information about you. However, processing charges may apply to other requests. 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 charge is 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.
You can ask for the charge to be waived or reduced for any reason, including financial hardship or on the grounds of public interest. If you do so, you should explain your reasons and you may need to provide some evidence.
What you can expect from us
We will tell you within 14 days that we have received your request. 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. If a document contains information about a third party, we will need to consult 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.
If you disagree with our decision
When we have made a decision about your FOI request, we will send you a letter explaining our decision and your review and appeal rights.
You can ask for the following decisions to be reviewed:
- if we refuse to give you access to all or part of a document or if we defer giving you access
- if we impose a charge
- if we refuse to change or annotate information about you that you claim is incomplete, incorrect, out of date or misleading.
A third party who disagrees with our decision to give you documents that contain information about them can also ask for our decision to be reviewed.
Internal review
You can request in writing that we reconsider our decision through an internal review. 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.
Information Commissioner review
You can ask the Australian Information Commissioner to review our original decision or our decision on internal review 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 can affirm or vary the decision or substitute a new decision. 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 complain to the Australian Information Commissioner who may investigate our actions. More information is available on the OAIC’s website . 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.
More information
If you require more information, please contact the FOI Coordinator by email at foi@crimecommission.gov.au or via postal address:
FOI Coordinator
GPO Box 1963
Canberra ACT 2601
Certain documents that we have released under the FOI Act can be obtained at our FOI disclosure log page. Information about our Information Publication Scheme can be obtained from our Australian Crime Commission website
Further information
Further information on the FOI Act can be found at the website of the Office of the Australian Information Commissioner .
The FOI Act is available online.
