The FOI Act allows individuals access to their personal records held by Government and enables them to correct any personal information that is incomplete, incorrect, out of date or misleading.
Information that we have released in response to a FOI request under the FOI Act can be obtained through our FOI disclosure log.
Documents available outside the FOI Act
Certain Cancer Australia information can be obtained from the Cancer Australia website without following a formal process under the FOI Act. Check the information published on this website under the Information Publication Scheme Plan.
How to apply for access to documents
To make an FOI request applicants should:
- apply in writing. This can be either by email to foi@canceraustralia.gov.au, or a letter posted to:
Freedom of Information
Cancer Australia
Locked Bag 3
STRAWBERRY HILLS NSW 2012 - state that documents are being sought for the purposes of the Freedom of Information Act
- specify a postal or email address where correspondence can be sent
- provide a telephone number (or email address), as this will also be helpful in case further information is required, and
- describe as clearly as possible the information being sought. Include any reference numbers or articles that may assist in identifying specific material.
The request will be valid from the date that the request has been clearly clarified.
If an applicant asks a third party to make an FOI request on their behalf, the person applying needs to provide to Cancer Australia a specific, written authority to send copies of documents to the applicant, care of that person, or to allow that person to inspect copies of documents containing information about the applicant.
For assistance with FOI requests, please contact the Cancer Australia FOI Contact Officer on (+612) 9357 9400 or by email at foi@canceraustralia.gov.au.
The FOI request process
An applicant will be advised within 14 days that Cancer Australia has received their request including an estimate of any charges that may apply.
Making a FOI request
Applicants can make FOI requests in writing by emailing foi@canceraustralia.gov.au, or in a letter posted to:
Freedom of Information
Cancer Australia
Locked Bag 3
STRAWBERRY HILLS NSW 2012
Requests should:
- state that documents are being sought for the purposes of the Freedom of Information Act
- specify a postal or email address where correspondence can be sent
- provide a telephone number (or email address), as this will also be helpful in case further information is required
- describe as clearly as possible the information being sought. Include any reference numbers or articles that may assist in identifying specific material.
Cancer Australia will make a decision on whether to release a document or documents covered by a FOI request within 30 days. However, the time period may be extended if:
- A document contains information about a third party. We will need to consult them and may need to extend the time to give an applicant our decision by another 30 days.
- We may also seek the agreement of an applicant to extend the time by up to 30 days if the FOI request is complex.
- Additional time is requested by the Australian Information Commissioner in cases of complex or voluminous requests.
- A decision has been made to impose charges.
Once the FOI request has been completed, any available documents will be forwarded to the applicant. If the requested documents or parts of the documents are within an exemption specified in the FOI Act, Cancer Australia will provide reasons for our decision to exempt.
In accordance with section 11C of the FOI Act, Cancer Australia will publish all responses to FOI requests (other than personal or exempt information) in the FOI disclosure log on the Cancer Australia website within 10 working days of providing the response to the applicant.
If the applicant disagrees with our decision
When we have made a decision about an FOI request, we will send the applicant a letter explaining our decision and the review and appeal rights of applicants.
The following decisions can be subject to review:
- if we refuse to give provide access to all or part of a document or if we defer giving you access
- if we impose a charge
- if we refuse to change or annotate information about an applicant that they claim is incomplete, incorrect, out of date or misleading.
A third party who disagrees with our decision to give an applicant documents that contain information about them can also ask for our decision to be reviewed.
Review Rights
Applicants have the right of a review of FOI decisions made by Cancer Australia. A right of review can be exercised in the following ways:
Internal review by Cancer Australia
An applicant can request in writing that Cancer Australia reconsider a decision not to grant access to documents or parts of documents through an internal review.
An internal review will be conducted by another officer in Cancer Australia. We will advise you of our new decision within 30 days of receiving your request. This time can be extended in certain circumstances.
Review by the Australian Information Commissioner
Applications may be made to the Australian Information Commissioner for a review of the following decisions:
- an internal review
- a deemed decision (i.e, where a decision was not made in the specified time)
- an original decision (i.e, where an applicant elects to skip an internal review)
- a decision to refuse additional time to make an internal review request.
- can affirm or vary the decision or substitute a new decision
- may extend that time in certain circumstances
- may decide not to conduct a review in certain circumstances.
Applications must be made within 60 days after receiving the decision to be reviewed decision (or 30 days after a person is notified if they are an affected third party).
The Australian Information Commissioner:
More information is available at the Office of the Australian Information Commissioner website.
Administrative Appeals Tribunal
Decisions made by the Australian Information Commissioner may be appealed through the Administrative Appeals Tribunal. The Australian Information Commissioner will provide information on how to appeal in their response.
Fees and charges
For a number of actions taken under FOI (as outlined below), there are no charges:
- There is no application fee payable for an FOI request or application for internal review.
- An applicant who seeks access to their own personal information does not pay any charges. There are no processing charges for requests for access to documents containing only personal information about the applicant.
- For all other applications, the first five hours of decision-making time is free of charge.
- No charges are payable where an agency or Minister fails to notify a decision within a period prescribed in the Act (including a permitted extension period).
The FOI Act provides that charges involved in processing other FOI requests may be levied. The rates of charges are fixed in accordance with regulations made under the Act.
The most common activities (and related charges) are:
| Activity | 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 five hours: nil Subsequent hours: $20 per hour
|
| Transcript: preparing a transcript from a sound recording, shorthand or similar medium | $4.40 per page of transcript |
| Photocopy: a photocopy of a written document | $0.10 per page |
| Other copies: a copy of a written document other than a photocopy | $4.40 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 Cancer Australia decides to impose a charge, we will give applicants a written estimate and the basis of our calculation.
- Where the estimated charge is between $20 and $100, we may ask an applicant to pay a deposit of $20.
- Where the estimated charge exceeds $100, we may ask an applicant to pay a 25% deposit before we process the request.
Applicants can ask for the charge to be waived or reduced for any reason, including financial hardship or on the grounds of public interest. In these cases, applicants should explain their reasons and may be asked to provide evidence.
If we decide to impose a charge, you will be required to pay the full charge (less any deposit) before you are given access to the documents.
Amendment of Information
An applicant may request amendments to their personal information contained in documents that are being used or is available for use for an administrative purpose if the information is incomplete, misleading or out of date.
An application for amendment must:
- be in writing
- say why the information is incomplete, incorrect, out of date or misleading and what amendments are required
- specify an address in Australia for correspondence to be sent or delivered to.
Cancer Australia must notify the applicant of a decision within 30 days. A review of a decision may be sought in a similar manner to Access Requests.
Complaints
If an applicant is unhappy with the way a request is handled, an applicant can complain to the Office of the Australian Information Commissioner who may investigate our actions.
The Commonwealth Ombudsman can also investigate complaints about our actions. The Commonwealth Ombudsman and the Information Commissioner will consult to determine who should investigate the matter to avoid the same matter being investigated twice.
FOI disclosure log
Cancer Australia is required by the Freedom of Information Act 1982 (s11C) to publish a register (disclosure log) on its website, listing information released in response to an FOI access request.
About the Log
Cancer Australia will update the disclosure log within 10 working days of providing access to the requested documents.
The disclosure log requirement does not apply to:
- personal information about any person if publication of that information would be ‘unreasonable’.
- information about the business, commercial, financial or professional affairs of any person if publication of that information would be ‘unreasonable’.
- other information covered by a determination made by the Australian Information Commissioner if publication of that information would be ‘unreasonable’.
- any information if it is not reasonably practicable to publish the information because of the extent of modifications that would need to be made to delete the information listed in the above dot points.
A charge may be imposed to reimburse Cancer Australia for the cost incurred in copying or reproducing the information or sending it to an applicant. There will be no charge for the time spent by Cancer Australia in processing the FOI request that led to this information being made available. Applicants will be notified if any charge is payable and will be required to pay the charge before the information is provided.
There may be documents in the disclosure log which will not be available in html format.
Information Publication Scheme
Reforms made to the Freedom of Information Act (FOI Act) in 2010 included the introduction of the Information Publication Scheme (IPS). The IPS started on 1 May 2011 and mandates that agencies publish certain information on their websites, as specified in section 8(2)(a) of the FOI Act.
Cancer Australia’s Information Publication Scheme Plan (PDF 174.15 KB) provides details about information routinely published by Cancer Australia and outlines how it proposes to meet the requirements of the information publication scheme.
- what information Cancer Australia proposes to publish
- how this will be done through our website
- how Cancer Australia proposes to comply with the scheme.
In accordance with section 11C of the FOI Act, Cancer Australia will also publish in a FOI disclosure log all responses to FOI requests (other than personal or exempt information) on the Cancer Australia website within 10 working days of providing the response to the applicant.
Freedom of Information (FOI)
The broad objective of the Freedom of Information Act 1982 (FOI Act) is to give the Australian community access to information held by the Commonwealth.
In order to do this, individuals can submit a request to an Australian Government agency for access to documents an agency holds and obtain copies of those documents. There are, however, certain exemptions prescribed in the FOI Act which restrict the amount of documentation that can be released.
For Cancer Australia, further information about the FOI process (including how to make a request to Cancer Australia under the FOI Act) can be obtained through our FOI page .
Information Publication Scheme Plan - what Cancer Australia will do
Cancer Australia will:
- publish the Information Publication Scheme icon on our homepage, which will link to the FOI and Information Publication Scheme section of the website;
- publish and update FOI, Information Publication Scheme and related information on our website;
- wherever possible, progressively provide online content in a format that can be searched, copied and transformed;
- review information regularly for accuracy, currency and completeness.
Cancer Australia will, as far as is reasonable and practicable, make its Information Publication Scheme published information holdings available for reuse on open licensing terms.
Cancer Australia will publish its online information under the Information Publication Scheme so that it conforms to the government timetable for applying the Web Content Accessibility Guidelines (WCAG) 2.0 (w3.org).
Who we are and what we do
The functions of Cancer Australia are set out in s.6 of the Cancer Australia Act 2006 as follows:
a) to provide national leadership in cancer control
b) to guide scientific improvements to cancer prevention, treatment and care
c) to coordinate and liaise between the wide range of groups and health care providers with an interest in cancer
d) to make recommendations to the Australian Government about cancer policy and priorities
e) to oversee a dedicated budget for research into cancer
f) to assist with the implementation of Commonwealth Government policies and programs in cancer control
g) to provide financial assistance, out of money appropriated by the Parliament, for research into cancer covered by the dedicated budget, and for the implementation of policies and programs referred to above
h) any functions which the Minister, by writing, directs Cancer Australia to perform.
The following links provide further information relating to:
Our priorities and finances
Our priorities for each financial year, including funding and performance indicators, are outlined in our section of the Health Portfolio Budget Statements.
Decision making powers and other powers affecting members of the public (or any particular person or entity, or class of persons or entities)
The Minister for Health and Aged Care, and Cancer Australia officers exercise decision-making powers under the Cancer Australia Act 2006.
In the normal course of operations as an Australian Government agency, Cancer Australia staff also exercise functions and powers under Acts such as the Public Service Act 1999.
Under section 30 of the Cancer Australia Act 2006, the Cancer Australia Advisory Council is an advisory body and has no decision-making power or other powers directly affecting members of the public.
Appointments of officers of Cancer Australia that are made under Acts
Senate Order 15 Listing for Departmental and agency appointments and vacancies can be found on the Department of Health and Aged Care website.
Annual reports laid before the Parliament
Arrangements for members of the public to comment on specific policy proposals for which Cancer Australia is responsible
An Advisory Council provides advice to the Chief Executive Officer about the performance of Cancer Australia’s functions. The Advisory Council includes community representatives who are personally affected by cancer.
Cancer Australia has also established advisory groups to provide input to and advice and direction on a range of issues and activities undertaken by Cancer Australia, and to provide support and advice for each of Cancer Australia’s administered programs. These group comprise experts across all aspects of cancer control, including people personally affected by cancer, health professionals, researchers and policymakers.
From time to time, Cancer Australia may issue documents or proposals for public consultation. These are released through the News section of the Cancer Australia website.
The process for contributing, including how and to whom comments may be made, will be described each time a document or proposal is made available for consultation.
Information on documents to which Cancer Australia routinely gives access
Certain Cancer Australia information, including details about the work undertaken and outcomes of the programs can be obtained from the Cancer Australia website without following a formal process under the FOI Act. The information also includes:
- Publications and resources produced through Cancer Australia programs
- Information for health professionals engaged in cancer care
- Information to guide people affected by cancer to find support organisations
The Grants and Funding section of the website provides information about:
- Cancer Australia grant and funding opportunities
- Guidelines issued for each funding round, covering submission of project or grant applications for Cancer Australia programs
- Information about successful applications for funding through Cancer Australia.
Check the FOI disclosure log to see if other information is already available.
Information that Cancer Australia agency routinely provides to Parliament
In addition to tabling our annual reports in the Parliament, Cancer Australia also reports against requirements specified by the Parliament. This information is on the Accountability and reporting section of the Cancer Australia website and includes:
- Indexed listings of file titles created by Cancer Australia.
- Details of Cancer Australia’s contracts with other organisations that are valued at over $100 000.
- Details of contracts valued at over $100 000 each, by calendar year.
- List of grants approved, including the value of the grant, recipient of the grant and the program from which the grant was made.
Contact details about access to information or documents under the FOI Act
FOI contact officer via email foi@canceraustralia.gov.au
Information Publication Scheme — Operational Information
Under subsection 8A (1) of the Freedom of Information Act 1982 (FOI Act) (as in force from 1 May 2011), the ‘operational information’ of an agency is:
... information held by the agency to assist the agency to perform or exercise the agency's functions or powers in making decisions or recommendations affecting members of the public (or any particular person or entity, or class of persons or entities).
- Documents linked to Cancer Australia programs
- Documents to assist people affected by cancer
- Documents relating to procurement
Approach to accessibility
Cancer Australia will seek to ensure that all information newly published on our website conforms with the Web Content Accessibility Guidelines (WCAG) 2.0 (w3.org)
There will be some PDFs on the Cancer Australia website that are images of scanned documents. Some documents that are out-of-date are provided for historical reference. Charts, tables and forms may also appear on the website.
Privacy
The following link provides privacy and security information for users of the Cancer Australia website.
