Getting the scope right on your FOI request
24 February 2025| 
Molly is an experienced administrative law practitioner, who specialises in Information Law (Information Release, Privacy and Freedom of Information (FOI)).
Chantal is a government law specialist with more than 10 years' experience providing specialist legal advice to the Commonwealth, State and local government. Her experience ranges from major procurement and tendering projects to advising on administrative law matters. She understands the pressures that government departments face from her recent in-house experience as the Deputy General Counsel of the NSW Police Force.
In 2011, Chantal was recognised by the Law Society of New South Wales as an Accredited Specialist in Government and Administrative Law.
A well-defined scope makes FOI processing more efficient for both agencies and applicants. Clear requests help reduce unnecessary or irrelevant documents, streamline processing, and ensure applicants receive the most relevant information.
Here are three key scoping tips to keep in mind:
- Tip 1: Any changes to the scope must be agreed upon in writing between the agency and the applicant—express consent is essential.
- Tip 2: Agencies often seek consent to remove duplicate materials, staff names, and contact details, but it’s worth discussing what else might be irrelevant to the applicant’s enquiry. For example, applicants may also agree to exclude cover emails, positional mailboxes, staff log-ons, or location details—further streamlining the process.
- Tip 3: If an applicant requests a whole document or report that covers multiple topics, agencies cannot unilaterally redact sections they deem irrelevant to the Applicant's enquiries. Instead, work with the applicant to refine the scope so that it focuses on the parts of the document most relevant to their request.
These small adjustments can make a big difference—reducing the volume of documents captured, minimising exemptions, and improving the overall FOI process.
