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Freedom of Information
The Freedom of Information Act 1982 (FOI Act) provides the public with a legal right to seek access to documents held by the government.
Access to documents is limited only by exemptions that protect essential public interests and the private and business affairs of people about whom departments and statutory authorities hold information.
Members of the public seeking access to documents that may be held by the Australian Pesticides and Veterinary Medicines Authority (APVMA) should lodge a formal FOI request.
Before you make a Freedom of Information request
The FOI Act does not provide a right to request a document that is already publicly available. For example, it may be published on our website, another website or elsewhere, or it may be available for purchase.
In accordance with section 12(1)(c) of the Freedom of Information Act 1982, a person is not entitled to obtain access to a document that is available for purchase by the public in accordance with arrangements made by an agency.
Under sections 8W, 17(5) and 18(5) of the Agricultural and Veterinary Chemicals Code scheduled to the Agricultural and Veterinary Chemicals Code Act 1994 (Agvet Code) a person may submit a request to apply to the Australian Pesticides and Veterinary Medicines Authority (APVMA) for a copy of, or extract of, a document relating to an approved active constituent or registered chemical product. This is referred to as an Agvet Code request.
Further information on what information can be accessed and how to make an Agvet Code request can be found at https://www.apvma.gov.au/about/access-information-held-apvma/agricultural-and-veterinary-chemicals-code-requests.
Making a Freedom of Information request
For the APVMA to process your request as quickly as possible, at the lowest possible cost, your request must:
- be made in writing
- state that you are seeking information in accordance with the FOI Act
- provide enough information for the APVMA to clearly identify the scope of your request, the time periods your request falls under and the category of documents sought, i.e. reports, minutes, emails etc.
- specify an address (either email or physical) so the APVMA can correspond with you about your request.
You may also wish to provide a phone number to make it easier for us to consult with you about your request.
FOI requests should be sent to:
Email: FOI@apvma.gov.au
Post:
FOI Team
Australian Pesticides and Veterinary Medicines Authority
GPO Box 3262
Sydney NSW 2001
Employees and former employees
The APVMA has established procedures to allow employees or former employees access to their own personnel records. If you wish to see your own personnel records, you must first use those procedures.
If you are dissatisfied with the result of using those procedures or you are not notified within 30 days of the outcome of your request to access your records, you may then make a request under the FOI Act.
To ask for a copy of the Request for Access to Personnel Records policy, or if you wish to seek access to your own personnel records, contact the FOI Team at FOI@apvma.gov.au.
Making an FOI request to a minister
The Minister for Agriculture, Fisheries and Forestry and other portfolio ministers are separate entities to the APVMA for the purposes of the FOI Act.
FOI requests for documents in the possession of a minister must be made by writing directly to the relevant minister.
The APVMA administers systems for ministerial correspondence and briefings. Requests for these types of documents should be directed to the APVMA rather than the ministers’ offices.
Time for processing a request to the APVMA
We will tell you within 14 days that we have received your request. We may 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.
Material ordinarily considered outside the scope of a request
Unless you specifically request them, we will understand that your request does not include the following types of information:
- duplicates of documents
- draft documents
- entire documents that are publicly available
- names, signatures and contact information of officers below SES level or equivalent (SES means departmental officers in the Senior Executive Service at the level of branch head and above).
Charges
There is no application fee for lodging an FOI request.
Processing charges may apply to requests other than for documents containing only personal information. If there is a charge, the applicant will receive a written estimate, details of how it is calculated and options for making payment. Applicants can ask for a charge to be waived or reduced for any reason, including financial hardship or on the grounds of public interest. Evidence may be requested when seeking a waiver of charges. The most common types of charges are listed in Table 1.
| Activity item | Charge |
|---|---|
| Search and retrieval – time we spend searching for or retrieving a document | $15.00 per hour |
| Decision-making – time we spend in deciding to grant or refuse a request, including examining documents, consulting with other parties, and making deletions | First 5 hours: Nil Subsequent hours: $20.00 per hour |
| Transcript – preparing a transcript from a sound recording, shorthand or similar medium | $4.40 per page of transcript |
| Photocopying | $0.10 per page |
| Inspection – supervision by an agency officer of your inspection of documents or hearing or viewing an audio or visual recording at our premises | $6.25 per half hour (or part thereof) |
| Delivery – posting or delivering a copy of a document at your request | Cost of postage or delivery |
If you contend that charges should be waived or reduced, the APVMA will consider your request and provide you with a decision on the application of charges.
Payment of charges can be made through direct deposit, by credit card, or cheques or money orders made payable to the Collector of Public Money. These details will be provided to you along with charges notices.
Contacts and further information
Please contact the FOI Team if you would like further information.
The Office of the Australian Information Commissioner provides useful information about FOI processes more generally.