Freedom of Information requests 

We make a range of information available for public access. 

You can also formally request access under the Freedom of Information Act 1982 (FOI Act) to documents we hold. 

Before 1 July 2026, the AER was part of the Australian Competition and Consumer Commission (ACCC) and shared its staff, resources and facilities. The ACCC handled FOI requests for AER-related documents. 

From 1 July 2026, the AER became a separate non-corporate Commonwealth entity, and FOI requests for AER documents should be made directly to the AER. 

 

View the AER's FOI Disclosure Log

 

What you can request under the Freedom of Information Act 

The FOI Act gives any person the right to: 

  • request access to copies of documents we hold
  • ask for a document containing information we hold about you to be changed or annotated if it is incomplete, out of date, incorrect or misleading
  • seek a review of our decision not to allow you access to a document or not to amend your personal record. 

The AER will provide reasons for any decision to refuse access to any documents. 

 

View the Freedom of Information Act 1982

 

The definition of a document 

The FOI Act defines a document as: 

  • any paper or other material on which there is writing or a mark, figure or symbol
  • electronically stored information
  • a map, a plan, a drawing or a photograph
  • any article from which sounds, images or writing are capable of being produced. 

The AER cannot be compelled to create a document under the FOI Act, and we do not conduct general research for the public. 

The FOI Act does not extend to requests for information, unless we have the requested material in a computer database which can be printed as a document. 

 

Documents held by the AER 

The AER only has documents created by the AER, or documents that have been forwarded to the AER. 

The AER doesn’t generally hold documents such as medical records, phone bills or police records. To access this material, contact your medical practitioner, telecommunication provider or local police force. 

We hold the following categories of AER documents: 

  • AER public registers and confidential material excluded from AER public registers
  • AER court, adjudication and legal material
  • AER library material
  • AER organisation matters
  • AER publications, speeches and media releases
  • AER personnel records
  • AER working documents including staff investigations, reports, analyses, recommendations, correspondence and complaints
  • AER correspondence with government and non-government bodies relating to new legislation relevant to our functions
  • AER general correspondence with the public. 

 

Documents available outside the FOI Act 

Former and current employees can request certain personnel records through administrative access. This doesn't follow the formal process under the FOI Act. 

You should also check the information we have published under the  FOI disclosure log to see if what you are seeking is already available. 

 

Matters the AER has taken to courts 

If you wish to access the originating process for matters the AER has taken to court, visit the news releases. 

The originating process will normally be published at the same time the media release is published, unless there are court or other restrictions on providing access. 

If the originating process is not available at the time the media release is published, it will be uploaded as soon as it is available. 

If we are unable to publish the originating process, you will need to request them yourself from the relevant court registry. 

 

Making a request under FOI to the AER 

A request must: 

  • be in writing
  • be made under the FOI Act
  • provide enough specific information for us to identify the documents you are seeking
  • provide details of where notices can be sent – for example, an email or postal address. 

Be specific about your request

Give as much specific information as possible about the document/s you are seeking. 

Use these suggestions to assist us to identify the document/s: 

  • Limit your request to one or two dot points. 

  • Choose a specific category of documents, such as final documents, file notes, email correspondence or reports. 

  • Choose a specific date or date range, such as a final document dated 5 June 2022 or final documents created between 1 June 2022 and 30 June 2022. 

  • Limit your request to documents about a specific issue in relation to a specific matter, such as correspondence between the AER and (name of company or person) addressing why they consider the conduct was not unlawful. 

  • Be clear about what you don’t want. For example, hardcopy documents, publicly available material, duplicates, copies of your own correspondence. 

 

Practical refusal reasons 

We may refuse to process your request if a practical refusal reason exists. This may include: 

  • if the request is unclear and we can’t identify the documents 

  • the request is too large and would substantially and unreasonably divert the resources of the AER from its other operations. 

     

Exempt documents 

We can refuse access to some documents, or parts of documents that are exempt. Exempt documents may include documents: 

  • containing material obtained in confidence
  • relating to an ongoing investigation
  • relating to complainants or other personal information, or other matters set out in the FOI Act. 

We may refuse to confirm or deny the existence of documents. We may also refuse access where the documents cannot be found or do not exist.

Third parties

Exclude third party identifying material in your FOI requests if you can, to minimise our need to consult those parties. 

If a third party has review rights over the AER’s decision to release documents, we must wait for the expiration of those review rights before we can release such documents. 

A third party who disagrees with an AER access decision can also ask for that decision to be reviewed. 

Information about current investigations and complaints made by third parties are unlikely to be released. 

 

How to request access to AER documents 

To request access to documents, you may email your FOI request to FOIataer [dot] gov [dot] au (FOI[at]aer[dot]gov[dot]au).   Requests sent by email are valid only if sent to this address. 

You may also send your FOI request by post to GPO Box 3131, Canberra ACT 2601. 

A FOI request must include at minimum: 

  • your contact details, including an email address; and
  • a clear description of the documents you are seeking, including any relevant date range. 

If you need further information, please contact the AER on 1300 302 502 or email FOIataer [dot] gov [dot] au (FOI[at]aer[dot]gov[dot]au). 

 

Fees and charges 

Charges are generally payable for time spent on your request. The first 5 hours of decision-making time is free. 

The most common charges are listed on the  Office of the Australian Information Commissioner  website. 

If we decide to impose a charge, we will give you a written estimate and the basis of our calculation and may ask you to pay a deposit. 

You can ask for the charge to be waived or reduced for any reason, including financial hardship or on the grounds of public interest. If you do so, you should explain your reasons and you may need to provide some evidence. 

Charges are not payable for: 

  • accessing your own personal information 

  • if the AER doesn’t notify you of its access decision in line with the timeframes set out in the FOI Act. 

     

Processing of FOI requests 

The AER will: 

  • tell you within 14 days that it has received your request
  • give you an estimate of any charges that apply to your request
  • give you our decision within 30 days unless that time has been extended. 

We may extend the time by 30 days if we need to consult with third parties. We may also seek your agreement to extend the time by up to 30 additional days if necessary, or seek an extension from the Office of the Australian Information Commissioner if your request is complex or large. 

Once the FOI request has been processed, available documents will be forwarded to you once any assessed charge is paid. 

We may publish some documents we release to you. These documents are published on the  FOI disclosure log within 10 working days of providing the documents to you.

 

Review rights 

When we make a decision about your FOI request, we will send you a letter explaining our decision and your review rights. 

You can ask for the following decisions to be reviewed, if the AER: 

  • refuses to give you access to all or part of a document or if we defer giving you access
  • imposes a charge
  • refuses access because the documents can’t be found, don’t exist or a practical refusal reason exists
  • refuses to confirm or deny the existence of a document. 

You can request in writing that the AER reconsiders its decision through internal review within 30 days of the date of the decision. An internal review will be conducted by another officer in the AER. The AER will advise you of its new decision within 30 days of receiving your request. 

You can ask the Australian Information Commissioner to review the AER's original decision or the AER's internal review decision within 60 days of the date of decision. If you are an affected third party, the time is 30 days after you are notified. 

The Information Commissioner can: 

  • affirm or vary the decision or substitute a new decision
  • decide not to conduct a review in certain circumstances. 

Find out more at the  Office of the Australian Information Commissioner  website. 

 

Complaints 

If you are unhappy with the way the AER has handled your FOI request, you can complain to: 

 

Administrative access 

Administrative access means release of government information, in response to a specific request, outside the processes in the FOI Act. 

The AER has the following administrative access arrangements in place. 

If you are a current or former AER employee, you must use administrative access for straightforward requests to access to your personnel records. Personnel records are documents containing personal information about you that are, or have been, kept by the AER for personnel management purposes. 

Straightforward requests are those which: 

  • contain only your personal information and don’t relate to any other employees
  • capture only a small number of documents; generally no more than 20 pages in total. 

The AER will consider these requests. Proof of identity may be required before any information is released. 

If you aren’t satisfied with the outcome, or you aren’t notified of a decision within 30 days, you may then make an FOI request. 

%20aerinquiryataer [dot] gov [dot] au (Submit an enquiry) or phone (02) 6243 1111 to request administrative access to your personnel records. 

There is no charge or fee for administrative access. 

If you are not satisfied with the way that we have handled your administrative access request, you can make a complaint to: 

  • the AER Chief Executive Officer at GPO Box 3131, Canberra 2601 

  • the Office of the Australian Information Commissioner (if you requested access to your own personal information) at  How do I make a privacy complaint? 

     

Information Publication Scheme 

We publish a range of information on our website as part of our Information Publication Scheme. This includes the agency’s structure, functions, appointments, annual reports, consultation arrangements, and details of the agency’s freedom of information (FOI) officer. 

Information released through FOI requests and provided to parliament are also published.