How to make a Freedom of Information Act (FOIA) request

Preliminary Steps

Decide exactly what information you need.

Determine which public authority is most likely to have this information. Contact that authority's designated officer (or the alternate) to confirm your opinion. You may get contact information for the authority from the Freedom of Information Unit.

Consult the authority's statements (published in accordance with Sections 7, 8 and 9 of the FOIA, and available from the authority) to determine whether this information is already within the public domain (in the authority's library facilities or at their website; or available for purchase). You may make an FOIA request only for official documents that is not already within the public domain.

Completing the FOIA request form

Complete a Request for Access to Official Document(s) form. This FOIA request form can be downloaded from this site, or copied from the last page of the Act. You may also request a form from the authority to which you intend to make your FOIA request.

You may request the assistance of the authority's designated (or alternate) officer to fill out the form. The Act requires that public authorities help applicants to ensure that their requests comply with the requirements of the Act.

Your request should provide sufficient information for the required document(s) to be identified with reasonable effort. You may request all records of a particular description or all records relating to a particular subject. You must complete the other requested information, date and sign the form, before submitting it to the authority.

The request form may be submitted in person or mailed in to the authority. The authority will probably receive the form more quickly if it is hand-delivered.

You should record the mode of delivery. If the request form is delivered by hand, you should record the date and time of delivery and the name of the person receiving the request document on behalf of the authority. For third party, mail or courier deliveries, you should record the date and time, and mailing location.

Processing of your request

An authority is required to process each FOIA request and issue a response no later than thirty (30) calendar days after receipt of the request form. The thirty-day time limit is calculated from the date on which the form is received (mail registry stamped) by the authority. It does not include periods of consultation between the applicant and the designated officer. Accordingly, if an authority consults with an applicant over 2 days, for example, time is suspended (for the purposes of the request) during the consultation period. The calculation of processing time resumes at the end of the two day consultation.

You should receive a written response from the authority within this thirty-day period. The authority must advise of its decision to grant, defer or refuse access to all or part of the document(s) you have requested. It must also explain its reasons for the decision taken.

If your request is granted, you may make arrangements to examine the document(s) collated or you may request a copy of the document(s). Fees may be charged for the search and retrieval, editing and creation of copies, of documents requested. Any fees being charged by the authority must be paid before access will be given. The designated officer will advise of any fees payable (as prescribed in the Regulations to the FOIA). You should receive these documents within seven working days of payment of these fees (or you will be entitled to a full refund, as well as access to the official documents, without charge).

If the authority has refused access to one or more of the documents requested you may formally challenge this decision. You have the right to apply to the High Court for judicial review of the public authority's decision and to apply, in writing, to the Ombudsman. The application for judicial review should be made immediately (an application for judicial review shall be made promptly and in any event within three months from the date of the decision (Section 11, Judicial Review Act, No. 60 of 2000)). Your complaint to the Ombudsman must be made within 21 days of receiving the decision of the public authority.