You are here: HomeAboutFreedom of Information

Freedom of Information

Your rights

The purpose of the Freedom of Information Act 1982 (FOI Act) is to give the public access to information held by the Commonwealth Government. The 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  • ask for information we hold about you to be changed or annotated if it is incomplete, out of date, incorrect or misleading; and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 access any document held by the Aged Care Complaints Commissioner (the Complaints Commissioner). We can refuse access to some documents, or parts of documents that are exempt. Exempt documents may include those containing protected information (as that term is defined in the Aged Care Act 1997), documents relating to national security, documents containing material obtained in confidence and Cabinet documents, or other matters set out in the FOI Act.

How to obtain information

To obtain information we hold you can:

How to make a FOI request

Your request must:

  • be in writing
  • state that the request is an application for the purposes of the FOI Act
  • provide sufficient information concerning the document(s) to assist us to identify the document(s) and process your request
  • specify how notices under the FOI Act may be sent to you.

No application fee is required.

Where to send your FOI request

You can send your FOI request:

  • By post to:
    The Freedom of Information (FOI) Officer
    Aged Care Complaints Commissioner
    Locked Bag 3, Collins Street East
    Melbourne VIC 8003

Contact details

If you require assistance with your request, please contact our FOI Officer by email at foi@agedcarecomplaints.gov.au or 1800 500 294 (freecall).

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. These charges are available on Comlaw.

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. We may decide to remit, reduce or not impose processing charges based on certain circumstances.

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 may need to consult with 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 we do not make a decision within time

If we do not make a decision within 30 days, or the extended time to process your FOI request, we are deemed to have refused your FOI request. You may seek review to the Australian Information Commissioner of our decision (more information below).

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 which 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. There is no charge for an internal review.

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. There is no charge for an application to the Information Commissioner. 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 or with our Information Publication Scheme, 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.

FOI Disclosure log

Full details: FOI disclosure log.

Further information

If you require more information, please contact our FOI Officer by email at foi@agedcarecomplaints.gov.au or 1800 500 294 (freecall).

Further information about the FOI Act is available on the Office of the Australian Information Commissioner’s website.