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Seeking information from the Ombudsman's office

Requests for information
Information held by the Ombudsman’s office
Information that may be disclosed
Freedom of Information requests
Making an FOI request

Requests for information

If you are interested in obtaining information from the Ombudsman’s office, it is a good idea to telephone first to find out the most efficient way to do so. Sometimes a formal Freedom of Information (FOI) request may be needed, but this is not always the case. Senior officers of the Ombudsman’s office have been authorised to disclose the following information to a person who has made a complaint to the office, or to a person known to be acting on their behalf:

    • Correspondence to the office received from them
    • Correspondence to them from the Ombudsman’s office
    • Records of telephone and personal discussion involving them, unless those records contain information which the officer making the disclosure considers sensitive, in which case non-sensitive portions may be disclosed
    • Other documents where the officer making the disclosure is satisfied that the person would have already seen them (for example, copies of correspondence between themselves and the agency, which is the subject of their complaint).
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Information held by the Ombudsman’s office

The Ombudsman holds information in the following broad categories:


Investigations, including complaints

This could include:

    • Correspondence and records of consultations with people making complaints, agencies and other information sources
    • Background material
    • Records of conversations
    • Analysis
    • Advices
    • Reports.

Ombudsman’s role

This would include information relating to the Ombudsman’s role as the chief executive of an Australian Government agency with a particular set of responsibilities, in terms of the development or implementation of administrative process, policy or legislation

Management of the Ombudsman’s office

This category includes information relating to the management of the office, including staffing, contracting and financial records, and information about asset management.

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Information that may be disclosed

The information the Ombudsman holds may be disclosed in the following circumstances:

On request

For example in relation to information sought by a person about the investigation of his or her own complaint, where:

    • The documents are routine
    • An ongoing investigation will not be prejudiced
    • There is no other interest likely to be adversely affected by disclosure.

As required under the Freedom of Information Act 1982

The FOI Act creates a general right of access to documents held by government agencies, subject to exemptions, which recognise the need to protect sensitive personal and commercial information and some government records.

In reports

For example the Annual Report and other published reports, including reports on investigations.

As required by law

From time to time the Ombudsman’s office is required to provide information in relation for example to legal proceedings or during the course of auditing. The legislation provides substantial protection for investigation information.

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Freedom of Information requests


Background

The object of the Commonwealth Freedom of Information Act 1982 (the FOI Act) is to extend, as far as possible, the Australian community's right of access to information in the possession of the Australian government.

The Act applies to the documents held by the majority of Australian Government agencies. It also applies to documents held by Ministers that relate to the affairs of those agencies. An agency must make a decision about an FOI application within 30 days, but this period may be extended if consultations are required. For FOI requests to the Ombudsman’s office there is an application fee of $30 and processing charges, but both may be reduced or waived on grounds including hardship or the public interest.

For provisions of the FOI Act that apply specifically to the Ombudsman’s office see:

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Making an FOI request

General inquiries and requests for access to documents or other matters relating to Freedom of Information may be made in person, by telephone or in writing at any Commonwealth Ombudsman office. Each office is open between 9am and 5pm on weekdays. For the cost of a local call, people can contact their nearest Commonwealth Ombudsman's office by calling the National Complaints Line on 1300 362 072.

The Ombudsman has authorised the Deputy Ombudsman, all Senior Assistant Ombudsman, and some executive-level officers to grant or refuse requests for access.

Under an arrangement made outside the Act, the Ombudsman has agreed to officers at and above Executive Level 1 providing limited complaint information if requested by, or on behalf of, a complainant.

Ombudsman staff are able to provide certain kinds of documents without an FOI request, including:

    • Documents previously and lawfully provided by or to the complainant by the Ombudsman's office or someone else
    • Records of telephone conversations involving the complainant
    • Most database entries relating to the person who made the complaint.
In the course of investigation, we may provide an agency response to the person making the complaint so that he or she can better understand the agency's position.

If you wish to make an FOI request, you should write to the FOI Officer at any of our offices, including the address at which you wish to receive correspondence. There is an application fee of $30 but both this and the processing charges may be reduced or waived. It would be helpful if you can specify the documents you seek in as much detail as possible.

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See also

For provisions of the FOI Act that apply specifically to the Ombudsman's office see: