What is Freedom of Information (FOI)?
The FOI Act gives you the right to request information we hold. Including information about you, or about our policies and decisions.
However, we highly recommend approaching the Information Access Unit as they can often provide the information via administrative release which is an information release mechanism that has faster processing times than FOI requests. You may wish to consider this option first.
FOI disadvantages
- this process is much slower than accessing if via administrative release
- and some charges will apply if you’re requesting non-personal information
- The FOI request must be in writing
What are my rights to access information under the FOI Act?
The FOI Act gives you the right to:
- access documents (except exempt documents) held by us
- ask for your personal information as held by us to be amended if the information is incomplete, out of date, incorrect or misleading; and
- seek a review if you disagree with a decision made by us about your FOI request.
What documents can be accessed through DVA under FOI?
You can access both paper-based documents and electronic records via an FOI request. This may include, personal files, written materials, photographs; and computer records.
Where documents are being released to you under the FOI Act, copies of documents are provided.
Can I get access to information about someone else?
A document which contains personal or business information about someone else (a ‘third party’) may not be released to you without the authority of the third party.
Generally, you will need to have the written authority of the third party individual or business before that information can be released to you. Without that authority, we are required to consult with the third party individual or business about the FOI request and the relevant documents, to allow them the opportunity to comment on the release of the requested documents.
For more information on how to gain access see:
How can I access corporate information, such as policy information?
We publish a broad range of information on our website including:
- details of our functions and responsibilities
- annual reports, responses to Parliament (parliamentary enquiries) and reviews
- routinely requested information and FOI disclosure log
- consultative arrangements; and
- operational information.
For more information visit the Information Publication Scheme page.
If you are seeking access to information which has not been published, you can make an FOI request for that information.
How do I request information under the FOI Act?
All FOI requests must be in writing and:
- state that your request is an application for the purposes of the FOI Act;
- provide enough information to allow us to identify the document/s you are seeking; and
- provide your email or postal address to allow us to contact you.
Requests should be submitted to the Information Access Unit (IAU) by email, letter or via the application form and contact details found here:
If you require support when making your application the IAU can also assist with this.
- If you are seeking your personal information, you may be required to confirm your identity when we communicate with you
- There is no application fee for making an FOI request. However, processing charges may apply to some requests (see below).
What you can expect from us
We will tell you within 14 days that we have received your FOI request. We will let you know of our decision within 30 days or a longer period if particular circumstances apply, for example, if there is a need for third-party consultation or if your request is complex.
If the information you’re looking to access can be disclosed without needing to undertake the FOI process, we may discuss this option with you.
Are there any documents I can’t access under the FOI Act?
The FOI Act allows the Department to refuse information requests or to exempt information from disclosure in certain circumstances. Generally, access to documents is refused if they are not in the possession of the Department or if they contain the personal information of another individual.
Other types of information may be exempt from release. For example, Cabinet documents, documents that relate to national security, or documents that contain material obtained in confidence. In those circumstances exempt information or information of third parties might be redacted from the information provided.
The FOI Act provides for access to existing documents. It does not require the Department to create documents to address queries or to provide answers to questions, except in very limited circumstances.
Are there any charges applicable for requests for my personal information?
No, there is no charge when you request documents that consist only of your own personal information.
Do charges apply to other FOI requests?
We may impose charges in accordance with the FOI Act and its Regulations in relation to requests involving information other than your personal information. Any charges imposed will fairly reflect the work involved in providing access to the documents you have requested.
The most common charges are:
- search and retrieval — $15 per hour
- decision making — no charge for the first five hours, $20 per hour thereafter; and
- photocopying — 10c per page.
If we seek to impose charges for an FOI application, we will write to you detailing a quote for the estimated charge amount and seeking a deposit ($20 for an estimated charge between $25 and $100, or 25% for charges greater than $100). Further details about how the charges were calculated, how to make payments or what to do if you are unhappy with the charge amount would be outlined to you in writing. This includes providing you with an opportunity to contend the estimated charge.
What if you disagree with our decision?
There are circumstances when you can ask for our decision to be reviewed. These include:
- 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
If you are unhappy with our decision, you may seek internal review by us or by the Office of the Australian Information Commission (OAIC), who may investigate our actions. The Commonwealth Ombudsman can also investigate complaints about our actions.
We encourage you to seek internal review as a first step. This is because it can be quicker than an OAIC review, and allows a different Department decision-maker to take a fresh look at the original decision and to consider any further information you have provided in the meantime. There is no application fee for seeking an internal review or OAIC review.
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.
Can I have information amended or annotated under the FOI Act?
The FOI Act allows you to submit an application to amend or annotate documents containing your personal information if it is incomplete, incorrect, is out of date or is misleading. However, the FOI Act does not provide for the deletion of documents.
An application to amend or annotate documents must be made in writing and to assist your application should as far as practicable specify the following:
- that you are submitting an application to amend or annotate documents (preferably by also stating that the application is made under the FOI Act);
- the document/s containing the record of personal information that you claim requires amendment;
- the actual information you claim to be incomplete, incorrect, out of date or misleading as well as the reasons you claim that it is incomplete, incorrect, out of date or misleading; and
- the amendment you are requesting.
You must also provide your contact details where notices can be sent to you (for example an email or postal address).
You may submit your application to amend or annotate documents under the FOI Act by either
- Contacting the IAU
- or in person at any of our offices
How do I access historical information held by DVA?
Much government information is eventually available to the public via the National Archives of Australia (NAA) when it reaches the ‘open access’ period under the Archives Act 1983.
The NAA holds the service records for servicemen and women who served in the First and Second World Wars. There are various ways you can access these records from the NAA such as viewing the original documents or ordering digital or print copies. For more information, visit the NAA website