• Fast Track & Redaction-Proof

    Your FOI Application with AI

    The Challenges of Making an Freedom of Information Request

    Need to get information from a government department or local councils? Below are some stats you should consider before making an application.

    • 27% of FOI decisions take longer than the statutory timeframe [OAIC, 2024-2025]
    • 54% of applications are only granted in part (i.e. with ommissions or redactions) [OAIC, 2024-2025]
    • 25% of applications are refused [OAIC, 2024-2025]
    • Only 21% of applications are granted in full [OAIC, 2024-2025]
    • 26% of government departments exempt material because they believe it would harm their operations [OAIC, 2024-2025]

    Below are examples of some of the grounds on which government departments can exempt material:

    • Deliberative Processes (s 47C, FOI Act (Cth)) - the material includes opinions, advice, recommendations, or consultations made during government or agency decision-making processes
    • Secrecy Provisions (s 38, FOI Act (Cth)) - another specific law (enactment) or a provision is blocking the release of the information
    • Cabinet Documents (s 34, FOI Act (Cth)) - documents are related to Cabinet submissions, official records, ministerial briefings, and draft materials connected to Cabinet considerations
    • Legal Professional Privilege (s 42, FOI Act (Cth)) - documents are subject to Legal Professional Privilege
    • Confidential Documents (s 45, FOI Act (Cth)) - documents contain materials that were obtained in confidence
    • Trade Secrets (s 47, FOI Act (Cth)) - documents contain trade secrets or commercially valuable information
    • Inter-Government Relations (s 47B, FOI Act (Cth)) - documents are related to Commonwealth-State government relations
    • Personal Privacy (s 47F, FOI Act (Cth)) - documents would show personal information and that release is unreasonable
    • Economic Damage (s 47J, FOI Act (Cth)) - documents contain sensitive government material that could cause a substantial adverse effect on Australia's economy
    • Operational Harm (s 47E, FOI Act (Cth)) - documents could harm the operation of the agency
    • Business Affairs (s 47G, FOI Act (Cth)) - documents contain sensitive business or financial information, that could cause unreasonable, adverse effects to an organization's lawful business, commercial, or financial affairs
    • National Security, Defence or International Relations (s 33, FOI Act (Cth)) - material could reasonably be expected to, cause damage to Australia's national security, defense, or international relations, or divulge confidential information from a foreign government
    • Law Enforcement and Public Safety (s 37, FOI Act (Cth)) - the material could harm law enforcement, safety, or fair trials
    • Contempt Documents (s 46, FOI Act (Cth)) - document disclosure would be in contempt of Parliament or contempt of court
    • Electoral Roll (s 47A, FOI Act (Cth)) - documents are related to the electoral roll
    • Financial Interests (s 47D, FOI Act (Cth)) - documents cover the financial or property interests of the government
    • Research (s 47H, FOI Act (Cth)) - documents contain information about ongoing or planned research by specific departments
    • Practical Refusal (s 24AB, FOI Act (Cth)) - work involved in processing the FOI request would substantially and unreasonably divert the agency’s resources from its other operations, or if the FOI request does not adequately identify the documents sought
    • Irrelevant Material (s 22, FOI Act (Cth)) - material considered irrelevant can be redacted instead of being refused entirely

    The above highlights the many difficulties faced by FOI applicants. Firstly, there is a real chance your application will be refused outright. Secondly, even if you are not refused, you will probably not get everything you asked for, and potentially for reasons only the government department is privy to. Finally, there is a strong chance that by the time you do receive the materials asked for, the information will have already become irrelevant.

    Getting what you want, when you want it, requires a strategic and informed approach.

    Who are we?

    Section image

    Practising Lawyer and Former Government Solicitor

    Helping level the playing field with knowledge, experience and AI

    ComplyMe.AI was founded by Chris Tia, a former government solicitor, who has hands on experience processing FOI applications. Chris fully understands how government departments manage applications and the legal framework used to analyse and decide what materials can and cannot be released and to what extent.

    As a technologist and concerned citizen, Chris witnessed a severe imbalance between the resources available to agencies and that of the average applicant (who often had limited knowledge of FOI laws, regulations and mechanisms).

    ComplyMe.AI was developed to help level the playing field, through use of AI.

  • Where We Can Help

    1

    Application Stage

    Pre-empt potential reasons for refusal and redactions on your application, so you get what you want as soon as possible.

    2

    Review Stage

    Apply thorough analysis over the reasons provided by the FOI decision maker, based on the same laws, regulations, guidance and cases used by government lawyers.

  • How We Can Help

    The above demonstration shows how you can easily generate an FOI application through ComplyMe.AI's IRACFlow's tool. By providing some contextual information about your application, IRACFlow will:

    • Look up the FOI legislation and any related regulations
    • Check whether any provisions potentially applies
    • Refer to FOI regulatory guidelines for clarifications
    • Assess whether any cases are applicable
    • Conduct an analysis of the above against the request made
    • Provide a final conclusion based on the outcome desired

    In this instance, the final conclusion is generating a suitable FOI application that pre-empts any potential reasons for refusing or redacting the information being requested. IRACFlow also provides full transparency of the reasoning behind its analysis and what laws, regulatory guidance and/or cases were referenced, so you can rely on its output.

    Jurisdictions Covered

    We provide coverage across all Australian government FOI jurisdictions (Commonwealth, states and territories):

    • Laws - Freedom of Information Act (Cth), Freedom of Information Act (ACT), Government Information (Public Access/Information Commissioner) Act (NSW), Information Act (NT), Right To Information Act (QLD), Freedom of Information Act (SA), Right To Information Act (TAS), Freedom of Information Act (VIC), Freedom of Information / Information Commissioner Act (WA)
    • Cases/Decisions - High Court, Federal Court, ACT Ombudsman, Information and Privacy Commission (NSW), Information Commissioner (NT), Office of the Information Commissioner (QLD), Ombudsman (SA), Ombudsman (TAS), Office of the Victorian Information Commissioner (VIC), Office of the Information Commissioner (WA)
    • Regulatory guidance - from the Office of the Australian Information Commissioner (OAIC), ACT Ombudsman, Information and Privacy Commission (NSW), Information Commissioner (NT), Office of the Information Commissioner (QLD), State Records of South Australia (SA), Ombudsman (TAS), Office of the Victorian Information Commissioner (VIC), Office of the Information Commissioner (WA)

    How Do I Get Started?

    1. Sign up for a FREE 7 day trial (NO payment details required), by clicking the button below or visiting https://app.complyme.ai
    2. Choose the product 'Australian Information Laws'
    3. Sign in and set the following within the IRACFlow tool : Regulatory Domain as Information Law; Country/Local Jurisdiction as Australia; Scope (bottom left icon in chat prompt) to applicable FOI jurisidiction
    4. Test and tune your prompts. Use the following as examples.

    Example FOI Application Prompt

    Generate a Freedom of Information request for [Government Agency Name] on any information the agency has available on [Issue or information being requested]. Refer to the following [URLs of any news articles or contextual information that is relevant]. Ensure any potential arguments against redacting or withholding information (such as public interest) are addressed in the application.

    Example FOI Review Prompt

    (Make sure you upload the actual FOI decision letter)

    Write a Freedom of Information review request letter for the FOI decision provided. Follow the steps below:

    • Identify the specific legal provisions used for justifying the decision in the original decision letter
    • Determine whether there are grounds for challenging those specific legal provisions
    • If there are potential grounds for challenging the specific legal provision used in the original decision, mention them in the review request letter.

    If there are no grounds for challenging the specific legal provision used in the original decision, merely ask for a review. Ensure the answer includes a sample review request letter.

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