After seeing one too many terrible requests over FYI, I've tried to put together some basic rules on how to make an effective OIA request. These are really aimed at beginners, and intended to help them avoid unnecessary frustration by avoiding common pitfalls (because there's more than enough frustration in the OIA process, and we can at least avoid inflicting it on ourselves).
- Don't rant: I've seen far too many requests introduce their subject with an angry tirade, filled with hostility and accusations. Don't do this. For a start, its being an arsehole, and that's never a good approach when you want something from someone. While "requester was an arsehole" is not a valid withholding ground under the OIA, it certainly primes the people processing your request to think of it as vexatious from the start, and it is not going to encourage them to be extra-helpful in the way you want them to be. Secondly, its a distraction. A frothing rant may feel good when you type it, but it distracts from the focus of your request, and makes it harder to work out what exactly you are asking for. And you will likely get a worse answer as a result.
What should you do? The OIA is a process for requesting information, so request information. If you are asking for a specific document, don't waste space on a preamble, just ask for it. If your request is less specific, then you may need to provide context, but keep it to a minimum. Lots of my requests are sparked by media stories, so I usually go for an intro like "Today Stuff reported that X (ref to headline so they can see what I'm talking about). I would like to request the following information under the OIA..." - and that's enough. You don't need to write a huge introduction, let alone an angry rant.
- Know exactly what you are looking for: This is easier said than done, and not helpful advice to beginners, but pretty obviously if you know how government works and what sort of information it generates and where, you can get more value out of the OIA and be more effective.
What if you don't? I didn't when I started out, so I made requests asking for "all advice and communications" on a particular policy. That's a useful phrase, but in some cases it may turn up a bit much, and the agency may ask you for a specific timeframe or whether you want emails. If you're not sure exactly what you're after, its better to narrow the request rather than risk a refusal for "substantial collation and research". After all, you can always ask for the other stuff later. And as you build up specialist knowledge in your area of interest, you'll get more of an idea of what might be there to find.
Whatever you are requesting, be as clear as possible about it, since this will avoid mutual frustration over misinterpretation later.
- Ask the right agency: If you ask the wrong agency, they have a duty to transfer the request, which is another 10 working days and some unnecessary frustration. You can avoid that by asking the right agency in the first place. Again, knowing how government works and which agency does what helps here. If you don't, who to ask should be apparent from the circumstances that provoked the request (a media story will usually suggest who to ask, a consultation process will be run by some particular department, and if you've had unsatisfactory dealings with an agency then they will hold the information about their policies and procedures). If you're still not sure, there is a thing called the Directory of Official Information, which lists all government agencies, what they do, and what types of information they hold.
- Know what you can get: The OIA includes numerous withholding grounds, and some of your request may be redacted or refused (you can challenge such refusals via the Ombudsman, but that's really beyond the scope of this post; if you want to learn to be effective at that, start reading the Ombudsman's guidelines)
Requests for the following information will almost always be refused, and so it probably isn't worth asking for unless you specifically plan to challenge a refusal:
- "national security" stuff
- specific communications with other countries
- details of active criminal investigations / court cases
- upcoming budget docs
- legal advice
Other things you shouldn't bother asking for: court records, and stuff clearly done by politicians in a "political" (party leader / MP) or personal capacity rather than in their capacity as a Minister (e.g. coalition negotiations, where they went on holiday, what they had for lunch). Neither of these are "official information" in terms of the Act, and you can't get them via the OIA.
