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• Browse All List of Information Officers - See FOI Contacts
• List of Information Officers per Government Ministry - See Ministries IOs
• List of Information Officers per Public Enterprises - See PE IOs
• List of Information Officers per Independent Agencies- See Agencies IOs
• For further information, contact the FOI Unit

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The FOI Unit

c/o Ministry of Information and Communications

Postal: P.O. Box 1380          Fax: (676) 24861         Tel: (676) 28170

Email: dionet@foi.gov.to      Website: www.foi.gov.to    

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All policy advice information are available to members of the public in English and also in the Tongan language.

Each will be indicated by icons -  English (British flag) and Tongan Language (Tongan flag)  - click to view in language of choice.

Also See Section on FOI Faka-Tonga - an exclusive list of topics in the Tongan language.

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You may file an administrative appeal if you are not satisfied with an agency’s initial response to your request.

First, you may contact the FOI Unit or agency handling the request through its FOI Contact Public Liaison.  The FOI Contact  Public Liaison is there to explain the process to you, assist in reducing any delays, and help resolve any disputes.  Often, a simple discussion between you and the agency will resolve any issues that may arise.

If necessary, filing an appeal is very simple.  Typically, all you need to do is send a letter to the agency stating that you are appealing the initial decision made on your request.  There is no fee or cost involved.  After an independent review, the appellate authority will send you a letter advising you of its decision.

The time period for the Information Commissioner to review the decision and make a new determination will be a maximum of 30 working days from the date the application for external review is lodged.

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In most cases you will need to make your complaint to the authority you are complaining about in the first instance. If you contact the Information Commissioner you may be asked to follow this process prior to lodging a complaint with this office. This will allow the authority you are complaining about the opportunity to resolve the complaint.

How long have I got to complain?

Generally speaking, you should make your complaint to the Information Commissioner within 12 months of finding out about the decision or action you want to complain about.  If there is a good reason why you were not able to contact the Ombudsman/Information Commissioner before then, we will consider your reason.

Who can complain to the Ombudsman?

Anyone can make a complaint. If you don't want to complain yourself, you may ask someone to assist you.

How do I make a complaint?

Use the Online complaint form or contact us.  If the agency you are complaining about has responded to you in writing, it is helpful to provide us with a copy.

What information should I give?

Focus on the main problems and facts. Provide enough details for the Ombudsman/Information Commissioner to understand and resolve the problem but no more. Be brief and concise. If you have relevant supporting documents, include copies with your letter of complaint.  If you have unsuccessfully attempted to resolve your complaint with the authority, explain what happened and why you are not satisfied with the outcome. Explain what outcome you are seeking.

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Not all records can be released under the FOI. The Government of Tonga established certain categories of information that are not required to be released in response to a FOI request because release would be harmful to government or private interests. These categories are called 'exemptions' from disclosures.

Still, even if an exemption applies, agencies may use their discretion to release information when there is no foreseeable harm in doing so and disclosure is not otherwise prohibited by law - there are qualified exemptions while others are absolute and there is no duty to release information.

Such information is classified to protect national security, prohibited from disclosure by another law, concerns business trade secrets or confidential commercial information, information concerning communications between agencies including attorney-client privilege, parliamentary privilege and those protected by legal privileges, those that invades another individual's personal privacy or those compiled for law enforcement purposes and so on.

 

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Request to have access to personal information is exempted and protected.

If you request records relating to another person, and disclosure of the records could invade that person's privacy, they ordinarily will not be disclosed to you.

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If you are seeking records on yourself you will be required to provide a certification of your identity.

This certification is required in order to protect your privacy and to ensure that private information about you is not disclosed inappropriately to someone else.

Whenever you request information about yourself you will be asked to provide either a notarized statement or authorized certifications using your National Identity Card/Passport or Driver's License to state that you are the person who you say you are.

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Under certain conditions you may be entitled to have your request processed on an expedited basis.

Two specific situations where a request will be expedited, which means that it is handled as soon as practicable.

1.  a request will be expedited if the lack of expedited treatment could reasonably be expected to pose a threat to someone's life or physical safety.
2. if an individual will suffer the loss of substantial due process rights, his or her request will be expedited.

A request will not normally be expedited merely because the requester is facing a court deadline in a judicial proceeding.

An agency can allow expedited processing for other situations, depending on the regulations of that agency.

The FOI website of each agency can provide more information on specific rules and regulations regarding expedited processing

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There is no charge for the request for access to records or information and public bodies’ feeds may be waived/reduced if:

• Disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations/activities of the government and it is not primarily in the commercial interest of the requester
• Based on reliable information
• Consider whether information is already in the public domain
• Ascertain whether requester can disseminate information

Public authorities reserves the right to incur reasonable fees for photocopying information/records based on voluminous requests or requests that will incur long searches, review and duplication of a number of records.

For a typical requester the agency can charge for the time it takes to search for records and for duplication of those records. There is usually no charge for the first two hours of search time or for the first 100 pages of duplication.

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The time it takes to respond to each request varies depending on the complexity of the request itself and the backlog of requests already pending at the agency.

In some circumstances, the agency will be able to respond to the request within the 10 working days standard time limit. When an agency requires an extension of time, it will contact the FOI Unit for an extension. This is when significant search or collation of material is required or where information is from a third party.

 Where information cannot be provided under the terms of the Policy, an explanation must be given to the requestor as soon as possible but within 10 working days.

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• (within 2 working days) -After your FOI request is received, a letter of acknowledgement is issued with assigned tracking number -
• (within 4 working days) - Decision to grant/refuse access from relevant agency (searching for records/review of records/response)
• (within 5 working days) -Decision communicated to the requestor by the FOI Unit
• (within 9 working days) - Provision of information by relevant agency to FOI Unit
• (normally within 10 working days) - information passed on to requestor by the FOI Unit

Subject to additional processing time, relevant agency may apply for extension of 10 additional working days, and requestor to be notified within the 10 original request period.

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The FOI Unit handles all FOI requests- issue of notice and response.
If the FOI request is submitted directly to the FOI Unit, response will be issued to the requester and the relevant agency will be notified immediately.

If the FOI request is submitted directly to the relevant agency, relevant agency FOI contact must notice FOI Unit to issue acknowledgement and follow-up on decisions.

It will sometimes reduce backlog if the FOI Request is submitted directly to the FOI Unit, who will ensure that the correct/available FOI contact will be notified and action is taken within the next 10 days limit.

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The Minister for Information is responsible for overseeing the implementation of this Policy.

Cabinet Steering Committee for the Freedom of Information Policy

The Cabinet Steering Sub-Committee for the Policy is responsible for providing practical guidance and advice on the drafting and implementation of the Policy and future legislations.

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There is a specific form that must be used to make a request.

This is a guideline to the format of FOI request which must be in writing.

It describes the information you seek, and comply with specific requirements.

Most agencies are listed in the foi.gov.to website and can accept FOI requests electronically, using the web-form or email/fax the completed downloaded form.

See Agency for details about the methods of making a request at each agency and any specific requirements for seeking certain records.

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A FOI request can be made for any Government agency record.
You can also specify the format in which you wish to receive the records, but this guidance is left to the agency involved.
You should be aware that the FOI does not require agencies/government departments to:

• do research for you,
• to analyze data,
• to answer written questions,
• or to create records in response to a request.

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FOI request

To get information under the FOI, typically you must make a “FOI request.”This is a written request in which you describe the information you want, and the format you want it in, in as much detail as possible.

You should be aware that the FOI does not require agencies to do research for you, analyze data, answer written questions, or create records in response to your request.

Proactive Disclosure Schemes

Finally, you should know that the FOI requires that Government agencies release certain information automatically, without the need for you to make a request. This is found in press releases, publication schemes and automatic publications.

FOI Reading Room - Topics Centre

So, before you send in that FOI request, it’s a good idea to look at each agency's FOI page to first to see what’s already available or check out the Topics Centre

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The general rule is that any person – citizen or not – can make a FOI request 

The request simply must be in writing, reasonably describe the information you seek, and comply with specific agency requirements.

Most Government agencies can accept FOI requests electronically, including by web form, e-mail or fax.

If you want records on yourself, you will be required to provide proof of your identity using your National ID Card or passport/driver's license in order to protect your privacy and to ensure that private information about you is not disclosed to someone else.

FOI requests can be made online using the www.foi.gov.to website.

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The FOI Unit - is one place to send all the FOI requests primarily.

Either through this website contact or via fax or email/post to the FOI Unit, Ministry of Information and Communications.

Each Government agency have been assigned a FOI contact through this website, which can handle individual requests directed to those agencies.

Your request will receive the quickest possible response if it is addressed directly to the agency/office you believe that has the records you are seeking.

See lists of Government Agencies FOI Contacts for individual contact information for each agency.

 

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www.foi.gov.to is a government-wide portal for the Freedom of Information policy that was developed as part of the Freedom of Information Government Open Plan.

At www.foi.gov.to, you have access to all the FOI policy advice, FOI contacts and important information on behalf of all Government departments and agencies.

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On www.foi.gov.to, you’ll find information on:

• Policy advice for government officials
• Policy advice for members of the public
• Portal link to Government agencies and departments, useful contacts
• Directly make an FOI request to appropriate Agency

and much much more.