Access to information

How to apply

Applications to access government information held by Transport Canberra and City Services (TCCS) can be submitted online, by email, or by post at Freedom of Information requests, Transport Canberra and City Services, GPO Box 158, Canberra City, ACT 2601.

To improve the timeliness of response to your application, it is recommended that you direct an application to the ACT Government directorate most likely to hold the information you are seeking access to.

Access applications can also be made directly to the relevant ACT Minister’s office.

Check the relevant websites to make sure Transport Canberra and City Services is the directorate most likely to hold the information you are looking for. You may need to submit application forms to more than one directorate, depending on the nature of the information.

In the event that your application is submitted to TCCS, and it is identified that the information you are seeking access to may be held by another directorate, TCCS will work with that directorate transfer your application to that directorate. Should this occur, TCCS will contact you directly based on the information you have provided in your application and advise on the next steps.

For an access application to be complete, it must:

• contain an email address or postal address in which notices under the FOI Act can be provided to you and
• include enough detail about in the type of information you are requesting to enable TCCS to identify the relevant government information.

If your application is for access to your own personal information you must include evidence of your identity. Acceptable forms of identification include:

• Drivers licence
• Proof of identity card
• Proof of age card
• Working with vulnerable people’s card.

Where a request relates to the personal information of a person you are acting on behalf of, you are required to attach evidence of your identity as well as a signed consent form from that person.

You may also wish to include a statement about your views on the public interest in disclosing the government information you are seeking. Any statement made about your views on the public interest will be taken into consideration by the Information Officer before a decision is made on your application.

Application forms

• FOI electronic application
• FOI application (PDF 171.2 KB)
• FOI application form (MS Word 51.3 KB)

Fees and charges

There is no application fee for submitting an access application under the FOI Act.

Processing charges may be applied when the information requested exceeds 50 pages or where there are charges incurred in providing the information,  such as printing, postage, electronic storage, transcribing information that is not in a written format.

You will be informed if processing charges are applicable, and you will be provided with a statement setting out the basis on which the charge is calculated.

You may seek a waiver of the charge where:

• the information that is the subject of the request was previously publicly available but is no longer publicly available; or
• the information that is the subject of the request is of special benefit to the public; or
• the applicant is an eligible concession card holder; or
• the applicant is a not for profit organisation and the application relates to the activities or purposes of that organisation; or
• the applicant is a member of the ACT Legislative Assembly.

Fees and charges are set out in the Freedom of Information (Fees) Determination 2018

Processing your application

What happens after you apply to access information?

Once we receive your complete access application, we will send you a written acknowledgement that your access application has been received within 10 working days. This acknowledgement will include the date we received your access application, a confirmation of the scope of your application and the date by which a decision is to be made by.

If your application is not complete, TCCS will take reasonable steps to assist you and give you reasonable time to amend your application. If the additional information is not received from you, and all reasonable steps have been taken by TCCS, we may be unable to process your request. Should this occur, TCCS will write to you using the contact information provided to us by you.

Time required to make decision

Under section 40 of the Act, TCCS must provide you with a decision on your application within 30 working days from the date of receiving a complete application.

This period may be extended in certain circumstances, including:

• The requirement to undertake mandatory third-party consultation. This is where the disclosure of government information is not necessarily contrary to the public interest but may reasonably be expected to be of concern to a relevant third party (section 38(1) of the FOI Act);
• The timeframe is extended by the applicant’s agreement; or
• The timeframe is extended by the ACT Ombudsman (section 42 of the FOI Act). This may be sought where an applicant refuses to agree to an extension and/or the application contains a large volume of information; or is complex and has potentially conflicting public interest factors.

Public Interest

In deciding on an application to access government information, an Information Officer must decide if the disclosure is in the public interest. While the FOI Act promotes disclosure, there are certain circumstances the disclosure of government information is contrary to the public interest. These circumstances are:

• Any instance where the type of information is listed in schedule 1 of the FOI Act; or
• Where the Information officer has carried out a public interest test against factors listed in schedule 2, and the information is found on balance to be contrary to the public interest.

Notice of decision

Once a decision has been made by an Information Officer on your access application, we will send you a letter setting out the decision and the reasons for the decision. This letter will also provide you with information on how to request a review of the decision if you are not satisfied with the decision.

Disclosure Log

Please be aware that under the Freedom of Information Act 2016 all information released to you will be published online, except where the request relates to your personal information. Your personal information will be removed prior to documents being published online.

Disputing a decision

You can dispute our decision if:

• we decide your application is outside the scope of the FOI Act
• we decide your application does not comply with the application requirements
• we decide to release documents contrary to your views (if you are a consulted party)
• you believe we should have taken steps to consult you about the release of documents
• we refuse to deal with the application
• we decide charges are payable (but not the amount of the charge)
• we don’t grant access to the documents either in full or part
• We advise that the documents don’t exist or can’t be found
• we don’t waive processing or access charges
• we provide you advice about a deemed decision

Applications for a review of a decision can be made to the ACT Ombudsman in writing to:

The ACT Ombudsman

GPO Box 442

CANBERRA  ACT 2601

ombudsman@ombudsman.gov.au

More information

Resources

• FOI access application smartform (PDF 127KB) (Word 51KB)
• Disclosure Log
• Freedom of Information Act 2016

Helpful links

• ACT Legislation Register
• ACT Open Data Portal
• Annual Reports
• Application for Owner Details under the Domestic Animals Act 2000
• Contracts Register
• TCCS fees and charges

Contact

If you require more information on the FOI process, please contact (02) 6207 2987 or email tccs.foi@act.gov.au