The Freedom of Information Act 1982 (the FOI Act) provides a general right of access to documents held by the NAIF and other Commonwealth agencies.
How to make a request
To make a request under the Act, your request must:
- be in writing
- provide a physical or electronic address to where we can send the decision
- provide enough information for us to identify the documents; and
- state that the request is made under the Freedom of Information Act 1982.
After you lodge your application, we will acknowledge it within 14 days. We are usually required to give you our decision about your request and the reasons for that decision within 30 days of its receipt. Where third party consultations are necessary we will be entitled to an additional 30 days in which to process your request.
If for any other reason we are likely to need more than 30 days to complete your request we will contact you to arrange an extension of time in line with the requirements under the FOI Act. NAIF may also apply to the Australian Information Commissioner to apply for an extension of the processing time where exceptional circumstances would prevent us from processing your request in 30 days. You will be informed in writing if the processing time has been extended.
If we do not meet these 30 day time limits, you can apply to the Australian Information Commissioner to review our decision on the basis that we are deemed to have refused your request.
Why you may be refused access
We may refuse to give you access to documents or parts of documents if they are exempt documents under the FOI Act. Some examples of why a document (or part of a document) may be exempt from release includes (but is not limited to) instances where release would:
- would involve the unreasonable disclosure of personal information of another person or constitute a breach of confidence
- is prohibited under other legislation
- is subject to legal professional privilege
- is contrary to the public interest, and they are internal working documents
- contains commercially sensitive information
You will be provided with the reasons for the exemption and your review rights in the notice of decision.
Once a Decision Notice is sent to you, you have 30 days in which to request either an internal review by the NAIF, or 60 days for a review by the Office of the Australian Information Commissioner (OAIC). Please note that a request for review does not incur any fees or charges.
Fees and charges
NAIF may decide to impose charges in relation to processing a request. All charges are set by the Freedom of Information (Charges) Regulations 1982 (the Regulations). Once a charge has been notified to you, the time for processing a request is suspended until you agree to pay the charges or we agree to vary the charges. If the NAIF decides to impose a charge, you may contend that the charge has been wrongly assessed, or should be reduced or not imposed.
A decision to impose a charge and notification to you must be made within 30 days of the receipt of your request.
Freedom of Information Disclosure Log
The NAIF is required to publish a Disclosure Log of information that has been released in response to FOI access requests. The documents, or details of how they can be obtained, must be published within ten working days of giving the FOI applicant access to the information.
The NAIF is not required to include the following information in the disclosure log:
- personal information about any person if publication of that information would be ‘unreasonable’
- information about the business, commercial, financial or professional affairs of any person if publication of that information would be ‘unreasonable’
- other information covered by a determination made by the Australian Information Commissioner if publication of that information would be ‘unreasonable’
- any information if it is not reasonably practicable to publish the information because of the extent of modifications that would need to be made to delete the information listed in the above dot points.
It is hoped that this measure will enable members of the public and the media to quickly and easily obtain access to material which has already been disclosed under the FOI Act.
All information access related matters should be referred to the NAIF CEO.
Ms Laurie Walker, Chief Executive Officer
Level 7, 46-48 Sheridan Street Cairns QLD 4870
PO Box 4896 Cairns QLD 4870
P: 1300 GO NAIF (1300 466 243)