Document search minutes – Practical tips from the Office of the Australian Information Commissioner

After receiving a request under the Freedom of Information Act 1982 (Cth) (FOI Act), government agencies conduct searches to identify documents in scope of the request. Typically, agencies require the completion of an internally developed ‘document search minute’, which details the nature and extent of the searches undertaken by various business areas within the agency, as well as detailing any sensitivities present in the documents at issue. It is best practice to complete a document search minute for every request received under the FOI Act, as these documents:

• Assist decision-makers to coordinate and track searches involving several business areas within the agency, to ensure that all reasonable searches have been conducted.
• Provide decision-makers with an indication of the total number of documents in scope of a request.
• Allow decision-makers to accurately describe searches conducted in their decision letters.
• Serve as evidence during internal reviews or reviews by the Information Commissioner (IC) where there is a dispute about the reasonableness of searches that were conducted.
• Contain relevant point-in-time information for reporting and record-keeping purposes.

In the 29th edition of OAIC’s Information Contact Officers Network alerts (ICON alert), the Office of the Australian Information Commissioner (OAIC) observed that some agencies’ document search minute templates do not contain all of the information the OAIC requires to assess the adequacy of searches. As well as slowing down the efficiency of IC reviews by requiring OAIC to seek further information, document search minute templates that aren’t comprehensive greatly reduce their internal reliability and usefulness for agencies.

In their ICON alert, OAIC recommends that agencies review their document search minute templates to ensure that their templates prompt officers to record information that includes the following:

• Scope of the request – document search minutes should record the scope of the request, including as it was originally received and any agreed modifications, with additional comments on interpretation where relevant.
• Searches undertaken – document search minutes should record who conducted the relevant searches, what locations searches were conducted in, and when and how searches were conducted including the search terms used.
• Rationale – document search minutes should include explanations for why searches were conducted by the relevant search officer and why certain search locations were selected.
• Systems searched – document search minutes should include explanations for why systems, databases or repositories that were searched were selected.
• Outcomes – document search minutes should explain where relevant why documents were determined to be outside the scope of the request and why any documents in scope of the request were not released.
• Reasons – document search minutes should explain why documents could not be found, do not exist or otherwise were not received.

Along with the above points, OAIC encourages agencies to refer to OAIC’s Search Minute Template and Taking All Reasonable Steps checklist for further guidance on developing suitable document search minute templates.

Key takeaways

Agencies should regularly review their existing document search minute templates in light of the latest OAIC guidance to ensure all necessary information with respect to searches is being recorded. Doing so will ensure the many advantages of completing documents search minutes are being maximised throughout the FOI lifecycle.

If your agency requires advice or assistance with the processing of FOI requests, please reach out to Chantal Tipene and our team of leading FOI specialists would be happy to assist.