The Freedom of Information Act 1982 (Cth) (FOI Act) only applies to documents of the Courts which relate to the management and administration of the Court’s registry and office resources (see section 5(1), FOI Act).
The FOI Act also does not apply to any document of a judicial officer (see paragraph 5(1)(b), FOI Act) or any document of the Courts relating to the consideration or handling of a complaint about a judicial officer (see subsection 5(1A), FOI Act).
The FOI Act does not apply to court documents, including transcript. You can find further information about access to:
- Family Law files - www.fcfcoa.gov.au/fl/forms/request-file-inspection
- General Federal Law and Migration Files - www.fcfcoa.gov.au/gfl/faq/inspect-court-file
- Transcript - www.fcfcoa.gov.au/recording-transcripts .
You may make a request to the Federal Circuit and Family Court of Australia under the Freedom of Information Act 1982 by writing to the following address:
Chief Executive Officer and Principal Registrar
Federal Circuit and Family Court of Australia
GPO Box 9991
Melbourne VIC 3000
or by emailing your request to customer.service@fcfcoa.gov.au
Further advice on making FOI requests may be obtained by calling 02 8623 4486
Fees and charges
There is no application fee for an FOI request, application for amendment or annotation of a personal record or an internal review request.
There are no processing charges for requests for access to documents containing only personal information about you. However, processing charges may apply to other requests. Whether a charge is imposed is at the Court’s discretion.
The most common charges are:
| Activity item | Charge |
|---|---|
| Search and retrieval: time spent searching for or retrieving a document | $15 per hour |
| Decision making: time spent 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 | $0.10 per page |
| Inspection: supervision by a Court 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: sending or delivering a copy of a document at your request | Cost of postage or delivery |
If the Court decides to impose a charge, you will be given a written estimate and the basis of the calculation. Where the estimated charge is between $20 and $100, you may be asked to pay a deposit of $20. Where the estimated charge exceeds $100, you may be asked to pay a 25 per cent deposit before your request is processed.
You can ask for the charge to be waived or reduced for any reason, including financial hardship or on the grounds of public interest. You may need to explain your reasons and provide evidence.
If the Court decides to impose a charge, you will be required to pay the full charge (less any deposit) before you are given access to the documents.
