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Freedom of Information (FOI)

The ACT Freedom of Information Act 2016 (the FOI Act) gives individuals the legal right to:

  • access government information unless access to the information would, on balance, be contrary to the public interest;
  • ask for personal information to be changed if it is incomplete, out-of-date, incorrect or misleading; and
  • appeal a decision about access to a document, or a decision in relation to a request to amend or annotate a personal record.

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Freedom of Information Requests

Documents available without an FOI access application

Under the FOI Act, the Directorate must make available a range of documents through the ACT Government’s Open Access information site including:

  • functional information;
  • information about the work of the agency tabled in the Legislative Assembly;
  • the Directorate’s policy documents;
  • budget papers;
  • information on grants made or administered by the agency; and
  • Ministerial briefs*.

Other documents such as those containing personal information can be provided to the individual concerned. For example, current or former employees can ask to access their personnel records. Documents available for purchase cannot be requested through the FOI process.

You are encouraged to contact the Directorate before resorting to the more formal Freedom of Information (FOI) process.

Each ACT Government directorate is responsible for responding to FOI requests that relate to their functions or roles. Before making a request for access to documents, you should first approach the directorate you think may hold the documents relevant to your request. Each directorate has a FOI Information Officer who can assist you in making your request.

*Ministerial briefs created on or after 1 January 2018 are available from the Open Access Portal on a quarterly basis beginning 3 April 2023.

How to make an FOI application to access CMTEDD documents

Note: From 1 July 2017 new structural arrangements exist to deliver the ACT Government's land related activities. FOI requests related to the former Land Development Agency’s (LDA) documents, and the new City Renewal Authority (CRA) or Suburban Land Agency (SLA) should be submitted to the Environment, Planning and Sustainable Development Directorate (EPSDD).

Requests can be made by completing the Online Application Form below, or by emailing, posting or delivering your request to the FOI Information Officer.

The request should:

  • identify the document(s) sought;
  • provide as much information as possible about the document(s) requested to assist in processing the request (for example the date the documents were created, or describe in detail the subject matter in which you are interested); and
  • provide your contact details - a postal or email address is required. You may also wish to provide a telephone number so we can call you if we need to discuss your request.

The FOI Information Officer:

Email

Post

Deliver

CMTEDDfoi@act.gov.au (This email address is to request for documents under the Freedom of Information Act 2016 and should not be used for general enquiries regarding Covid-19 matters. Please find further information at:https://www.covid19.act.gov.au/)

 GPO Box 158
CANBERRA ACT 2601 		Level 1
220 London Circuit
CANBERRA ACT 2601

Further information on FOI processes is available in the Directorate's FOI Guidance Sheet:

or you can contact the Information Access Unit, Chief Minister, Treasury and Economic Development Directorate by phone: 620 77754.

Exemptions

The FOI Act sets out certain types of documents which may not be accessible. Exemptions are generally used to protect essential public interests, confidential matters or the private or business affairs of others.

If the Directorate decides not to grant access to the documents requested, it will provide written reasons for the decision and advise you (the applicant) of your rights of appeal.

If you are unhappy with the decision you may:

  • seek Ombudsman’s review of a Directorate's decision or action (Ombudsman review); and
  • if you were a participant in an Ombudsman review apply to the ACT Civil and Administrative Tribunal (ACAT) for a review of the decision made by the Ombudsman.

Further information on the appeal process is included in the Appeal Factsheet:

Third Party Consultation

Where an FOI application involves information relating to a third party the Directorate may need to seek their views before making a decision on the release of information about them. Further details are provided in the Third Party Consultation Factsheet:

Charges

There are no application fees for FOI requests to ACT Government directorates, but processing charges may apply. In order to minimise any charges, please consult with the Information Access Unit to be sure that you are requesting only the documents you need.

If you are advised that charges will be imposed, you may request a fee waiver if:

  • the information was previously publically available but is no longer publically available;
  • the information requested is of special benefit to the public;
  • the applicant is a concession card holder and demonstrates a material connection to the information requested;
  • the applicant is a not for profit organisation and the application relates to the activities or purposes of the organisation; or
  • the applicant is a member of the Legislative Assembly.

Disclosure Log

Under the Freedom of Information Act 2016 the Directorate is required to have a disclosure log listing Freedom of Information requests received by the Directorate. Details of requests for personal information are not required to be reported under the act and therefore are not provided here.

The application, decision and any released documents can be viewed by clicking on the Disclosure Log for each year below.

Amending Personal Information

The Freedom of Information Act 2016 allows in certain circumstances for individuals to request the Directorate amend personal information it holds on the individual. Further information is available in the Amending Personal Information Factsheet:

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