Guidelines for using FOI at UNSW

What is Freedom of Information?

• Obtain access to information held as records by State Government agencies, (including Universities) Government Ministers, local government and other public bodies;
• Request amendments to records of a personal nature that are inaccurate; and
• Appeal against a decision not to grant access to information or to amend personal records.

What agencies and other public bodies can give me information?

• Agencies and public bodies that must give you information under FOI include:
• Government departments and authorities
• State boards and commissions
• Government Ministers
• Local and municipal councils
• Universities
• Public hospitals
• Regulatory bodies eg the Harness Racing Authority

What sort of information can I ask for?

You can ask for any kind of personal or non-personal information.

Personal information includes your student progression records, payment records, employee records, work performance records and other information concerning yourself.

Non-personal information includes university policy documents, research materials, instruction and procedure manuals, market research and product testing records. Information can be in the form of documents, certificates, files, computer printouts, maps, films, photographs, tape recordings and video recordings.

Is any Information not available?

Under the Freedom of Information Act, wherever possible, the University is required to make information available.

You may be denied right of access to information only where, for example, there is a legitimate need for confidentiality or where another person's privacy may be invaded. This information is called "exempt" and includes:

• Documents which are exempt under Commonwealth or other States FOI legislation;
• Documents concerning law enforcement and public safety;
• Documents subject to legal professional privilege; and documents subject to secrecy provisions in other legislation.

Other information which may be exempt includes documents affecting:

• Personal affairs of another person;
• Business affairs of another person or business; and
• the conduct of research;

How do I request information?

Every day the University responds to requests for information from the public. This process is still your first avenue of access to the information you wish to see.

To make an FOI request, however, take the following steps:

• Identify the information or document that you would like to see;
• Write your request on an FOI application form or in a letter and post or deliver it to the University FOI Officer;
• Provide as much information as possible about the document you wish to see, such as file reference numbers; date written, author, subject and so on.
• Enclose the $30 fee for your application.

What will the University do when it receives my request?

The University has a responsibility to deal with your request as soon as possible, and in any cas within 21 days. You will be contacted if any difficulties arise. The University must advise you of its decision in writing that the information is available, or if your request has been deferred or refused. This period may be extended by a further 14 days if special circumstances apply, such as the need to consult with a third party.

How will I receive the Information that I have requested?

If the information you request is in written form, the University can let you know when and where you can see the documents or provide you with a copy. If you have asked for access to information that is not in written form, such as video tapes, sound recordings or photographs, arrangements will be made for you to hear or view the material.

How much will it cost me to make a request for Information?

Charges fall into two categories - application fees and processing fees.

Application fees: A $30 fee covers applications for both personal and non-personal information.

Processing fees: Processing fees cover time for locating the information, decision-making, consultation where necessary and any photocopying. A $30 an hour fee covers processing for both personal and non-personal information. However, you are entitled to up to 20 hours of free processing time for arequest about your personal affairs. There is no upper limit on fees.

Rebates: Rebates of 50 percent are offered on all charges: For pensioners with the Health Benefit Card as well as those with an equivalent income who are under financial hardship; For non-profit organisations under financial hardship; Where public interest can be demonstrated; and for children.

Can the University refuse to give me the Information I request?

Yes. A request for information may be refused: If the document is exempt; If it would unreasonably divert the University's resources from its normal functions. (However, before refusing a request, the University will offer to help to amend the application so that work may be carried out without disruption); and If the University believes you may be seriously affected by personally accessing information relating to your physical or mental health. (You can ask that your medical doctor looks at the information and tells you about it.)

If the University fails to advise you of the result of your application within the allowable time period then you can consider your application for access has been refused. If your request is deferred or refused, you must be advised of the reasons.

You have a right to appeal against most of these decisions. (See "Reviews and Appeals" for further information).

Can I correct inaccurate documents about me?

Yes, if you believe any information about you is incomplete, incorrect, misleading, or out-of-date, you have the right to request that it is corrected.

How do I ask for correction of documents about me?

Applications for correction to a document should be made using an FOI amendment request form or in a letter. If you have any information to support your request, include this with your application. Post or deliver your application to the University. Ensure that your address is included for correspondence.

What will the University do when it receives my request for correction?

You must be advised of a decision on your request as soon as possible and, in any case, within 21 days. If your request is refused, reasons must be given. You will be advised of the University's findings and your rights to appeal against the decision. If the University refuses to amend your records, you may ask that a note is attached outlining the details of your requested corrections.

What will it cost to ask for correction of documents about me?

Once you have received documents under Freedom of Information, there is no charge to have personal information in them amended. Where there is significant correction of personal records and the mistakes were not your fault, all fees and charges paid for the original application will be fully refunded.

What other responsibilities does the University have under Freedom of Information legislation?

The University is required to publish information about its operations called a "Statement of Affairs". The University's Statement of Affairs has been included in the University's Annual Report since 2008. This statement includes details on:

• University structures and functions;
• How its operations affect the public;
• How members of the public can participate in formulation of its policies;
• Descriptions of all policy documents held by the University; and
• An outline of the procedures for gaining access to those documents.

A regularly updated "Summary of Affairs" is also published in the Government Gazette.

Who can help me with more Information or if I have any problems understanding Freedom of Information?

The FOI Officer
UNSW
Sydney NSW 2052
Phone: (02) 9385 2860
Email: foi@unsw.edu.au

Reviews and Appeals

What is an Internal Review?

If you are unhappy with a decision made by the University on your FOI request, or, if no decision has been made, you are entitled to ask for an internal review by the University within 28 days of being advised of the University's determination, or 49 days from applying where no decision has been made on your request. You may do this if:

• You have been refused access to a document;
• You have been refused access to part of a document;
• You have been refused a request to amend a personal document;
• You believe you have been charged too much;
• You have been given access to a document but access has been deferred;
• You are a third party specified in the documents but have not been consulted about giving access to another person; or
• You have been consulted, but disagree with a decision to release the documents.

How do I ask for an Internal Review?

Applications for internal review should be made using an FOI review form or in a letter. Enclose the $40 application fee.

What will happen with my request for a Review?

Someone senior to the person who made the original decision on your FOI application will look at your review application. Within 14 days you will be advised on the outcome of the review.

What will it cost me to ask for a Review?

Your review application fee will be $40 but there are no processing charges. In addition, your application fee may be refunded if the original decision is significantly altered. If you received a reduction on your original application, the application fee for an internal review will be only $20.

Can the Ombudsman assist me?

If you have already sought an internal review and are unhappy with the results, the NSW State Ombudsman can intervene on your behalf where, for example, an agency:

• Takes an unreasonable time to process your FOI request;
• Imposes an unreasonable charge for access to information; or
• Refuses to give you access to information that is not exempt.

Although the Ombudsman is able to investigate your complaint, he cannot change or reverse a decision. He can recommend that:

• It is in the public interest to give access to a document which has been refused as exempt;
• The decision of an agency be reconsidered;
• Action be taken to change the agency's conduct;
• Reasons be given for a decision; or
• The law or practice be changed.

The Ombudsman cannot deal with matters:

• Which are before the Administrative Decisions Tribunal;
• Where the information has been made exempt by a Ministerial Certificate;
• Where a request has been made for access to, or amendment of, a Minister's records;
• Where the applicant has complained to the Ombudsman under the Ombudsman Act about the University and the Ombudsman previously has examined the information in relation to that investigation; and
• Where the Ombudsman has made a decision under the Freedom of Information Act.

No fees are payable for a review by the Ombudsman.

When should I appeal to the Administrative Decisions Tribunal (ADT)?

If you wish to pursue the matter further, you are entitled to take your appeal to the ADT in NSW. You must lodge your appeal within 60 days of the University's decision on your request for internal review or within 60 days of being advised on the Ombudsman's decision. The ADT may:

• Confirm the University's original decision;
• Disallow that decision and make another in its place; or
• Pass the matter back to the University to be dealt with as directed by the ADT.

Will it cost me anything to appeal to the ADT?

You may be required to meet the costs involved in taking your appeal to the ADT. Contact the Registrar of the ADT on Telephone (02) 9223 4677 for advice on fees and charges.

Who can help me with more Information or if I have any problems understanding Freedom of Information?

The FOI Officer
UNSW
Sydney NSW 2052
Phone: (02) 9385 2860
Email: foi@unsw.edu.au