Last updated 30 September 2024

According to the Freedom of Information Act 1982 (Cth) (Freedom of Information Act), access to documents held by the Department of Home Affairs (Home Affairs) may be sought informally by request to the case officer concerned or formally through the freedom-of-information process.

A formal request must be in writing (Form 424A or the online form accessible through Home Affairs website) to the Freedom of Information Unit of Home Affairs. Home Affairs is required to take all reasonable steps to ensure that a decision is made upon the request as soon as possible, and no later than 30 days after it was received. No application fee or subsequent charges can be charged if the request relates to an applicant’s personal information. If it is considered that personal information so obtained is inaccurate or otherwise may mislead Home Affairs in its actions, a request may be made to change the record.

In practice, requests for personal documents are rarely actioned within the 30-day period, leading to a deemed refusal decision, which can be reviewed by the Office of the Australian Information Commissioner. Home Affairs usually provides the requested documents upon notification of the review application.