INDIVIDUALS
FOI For Individuals
The TRANSPARENCY WARRIOR can help individuals to get the best results out of FOI.
Whether it is accessing information about what Government is doing or planning, or finding out what Information the Government is holding on an individual, the TRANSPARENCY WARRIOR can help. That includes getting the Government to modify or update personal information that is wrong, out of date, incomplete or misleading.
The TRANSPARENCY WARRIOR can help to ensure the right information is requested, the maximum information is released and the time frame to get the information is minimised.
Depending on whether the information is about Government or about the individual has an impact on how the application is made. In general there are three options for the TRANSPARENCY WARRIOR to make the application on behalf of the individual, or jointly or to assist the individual in preparing the application.
Individuals are only charged for the assistance they receive up to the point where they are satisfied with the information that have received, or they decide to abandon further FOI fighting (sometime this will occur on the advice of the TRANSPARENCY WARRIOR). Charges are very reasonable with a discounted rate for individuals.
The TRANSPARENCY WARRIOR can also assist with applications seeking access to information and documents held by the National Archives of Australia.
The FOI Process Explained
The FOI process is different for each jurisdiction; Federal and State/Territory. The charges vary, the review stages vary, the time frames vary and exemptions vary. However, the general sequence is similar as per the diagram.
Original Application/Decision
After consultation with the client an application is made that clearly identifies the information being sought and properly limits the scope to something that will minimise Government charges and the decision response time. Processes are in place to ensure statutory time frames are complied with.
Consultation will take place with the client after the original decision is received to determine if the request meets the client’s expectations and/or redactions comply with the relevant FOI law, and whether review rights should be exercised.
Internal Reviews
In some jurisdictions internal reviews can be bypassed. In these circumstances advice will be given on a best course of action.
Where deemed necessary an internal review can be requested. Short submissions on the clients concerns regarding the original decision will be tendered in conjunction with an internal review request.
Again, consultation will take place with the client after the internal review decision is made to determine if the request meets the client’s expectations and/or redactions comply with the relevant FOI law, and whether further review rights should be exercised.
Information Commissioner/Ombudsman Reviews
(1st Tier Independent Review)
In some jurisdictions Information Commissioner/Ombudsman reviews can be bypassed. In these circumstances advice will be given on a best course of action.
Where deemed necessary a first tier independent review can be requested. At the appropriate time in the review, in consultation with the client, submissions will be made.
Consultation will take place with the client after the independent review decision is made to determine if the request meets the client’s expectations and/or redactions comply with the relevant FOI law, and whether further review rights should be exercised. Note that Agencies can appeal decisions of an Information Commissioner/Ombudsman.
Tribunal Reviews
(2nd Tier Independent Review)
Where deemed necessary a second tier independent Tribunal review can be requested. At the appropriate time in the review, in consultation with the client, submissions will be made. It is also likely that a hearing will be conducted.
Consultation will take place with the client after the independent review decision is made to determine if the request meets the client’s expectations and/or redactions comply with the relevant FOI law, and whether further review rights should be exercised.
Judicial Reviews
Judicial Review of a Tribunal decision can be initiated in certain circumstances. Should this be pursued, assistance will be given to identify experienced lawyers and barristers with the relevant experience to assist in such proceedings.
The FOI Process
Pricing
Costs for the TRANSPARENCY WARRIOR’s assistance varies at each stage, but are designed to be affordable. At each stage an assessment is made in conjunction with the individual on whether there is value in continuing the process.
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Original Application $120
Plus charges imposed by Government which may include a small application fee and/or charges for requests for a large number of documents.
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Internal Review $120*
Plus charges imposed by Government which may include a small application fee. The client may agree that submissions are necessary at this stage, which will involve additional charges.
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Informational Commissioner Review $600*
Depending on the nature and complexity of the review, additional charges may be necessary. Where internal review submissions have been developed, the cost may be reduced.
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Tribunal Appeal - Submissions $1750*
Plus charges imposed by Government - the current AAT application fee (which may be returned if the appeal is successful) is $1011. State fees are lower. Depending on the nature and complexity of the review, costs may be higher.
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Tribunal Appeal - Appearance $1750/day
Some appearances are half days, some are full days and some are two days.
* Prices are indicative and depend on the scope and complexity of the matter.