In this course, students will explore, critique, and apply issues relating to how the law regulates the collection, processing, and usage of information by government and the private sector. Key questions addressed include: How much control do individuals have over information that relates to them? What are the limits to providing access to government-held information? On what grounds can information be shared, released, withheld, or stored?

The course examines how information is regulated in Australia under the Freedom of Information Act 1982 (Cth) (‘FOIA’) and the Privacy Act 1988 (Cth), and interrogates contemporary issues regarding government information management within the Australian regulatory framework. Students will analyse the role of confidentiality and legislative secrecy provisions, the requirements relating to personal information and other elements of privacy protection, and the operation of FOIA.

To develop their knowledge and skills, students will complete readings and participate in seminars involving lectures and critical discussions.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Analyse and critically reflect on the circumstances in which information developed or held by government should be protected against disclosure.
2. Evaluate and apply the principles relating to the procedure for making a FOI request, the FOI decision making process and the application of exemptions from disclose of government held information.
3. Synthesise and apply the key concepts and principles of the Privacy framework applicable to government.
4. Critically examine a range of perspectives and values that are relevant to access to government information, including the future direction of FOI and privacy law in Australia.
5. Research and critically evaluate whether Australia’s regulatory module is equipped to respond to contemporary issues in information management, data protection and privacy.

Field Trips

No field trips.

Additional Course Costs

There are no additional class costs.

Examination Material or equipment

No additional examination materials or equipment are required.

Required Resources

- Freedom of Information Act 1982 (Cth) 

- Privacy Act 1988 (Cth)

Additional readings and resources (if any) will be made available on Canvas two weeks prior to the course commencement date.

Recommended Resources

Whether you are on campus or studying online, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment.

ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments to presentation groups
• feedback to whole class or in quiz auto-feedback

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

Further information about the course is available from the course Canvas page. Students are required to access the Canvas site regularly throughout the course for any announcements relating to the course.

 

Artificial Intelligence (AI)

The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU Law School Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Use of Generative AI Tools in Assessment

All work submitted for assessment at the ANU Law School must be your own independent and original work.

This means that generative artificial intelligence (AI) tools must not be used to draft assessment content, unless explicitly instructed by the course convenor. While limited use of AI tools to support learning may be permitted, for example, to assist with expression, structure, or the refinement of ideas, AI must not be used to generate primary text, legal analysis, or substantive content.

Inappropriate use of AI may constitute a breach of the Academic Integrity Rule 2021. For law students, academic integrity breaches may have serious professional consequences, as breaches must be disclosed to the relevant admissions authority.

Students are at university to develop critical skills in legal reasoning, analysis, and written communication. This requires active engagement with assessment tasks and the drafting and refinement of one’s own work. While AI tools may assist with polishing expression or organisation, they must not replace your reasoning, judgment, or authorship.

Used appropriately, AI can be a helpful tool for editing, planning, and limited refinement. However, AI should only be applied to small portions of text. Submitting work generated in large part by AI increases the risk of poor academic outcomes and academic integrity concerns.

Where AI or other assistive technologies are used, students must comply with all disclosure requirements that are available on the course Canvas site.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Week 1: Foundations: the rationales of freedom of information and the politics of transparency	In line with the University’s recording policy, lectures, seminars and lectorials will be recorded and made available for students on Echo360.However, lecture recordings are only an additional resource, and they should not be taken as a substitute for regular online attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.
2	Week 2: The Freedom of Information Act 1982 (Cth): principles, procedures, exemptions, review, and enforcement
3	Week 3: Freedom of information in the digital state: openness of public-sector information and access to automated decision-making
4	Week 4: Foundations of privacy protection and the comparative landscape of information regulation
5	Week 5: The Privacy Act 1988 (Cth): key concepts, the Australian Privacy Principles, enforcement, and remedies
6	Week 6: The interaction of freedom of information and privacy, and information law in the age of artificial intelligence

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials / seminars so they can better plan their time. Find out more on the My Timetable webpage .

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
In-class Participation	10 %	*	05/10/2026	1,2,3
Group Presentation and Reflective Journal	20 %	*	05/10/2026	1,2,3,4
Legal Pathfinder	30 %	13/08/2026	28/08/2026	1,2,3,4,5
Written Assessment	40 %	14/09/2026	05/10/2026	1,2,3,4,5
Quiz	0 %	04/09/2026	*	2

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Canvas’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law, Governance and Policy considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend. 

Examination(s)

There is no final examination for this course.

Assessment Task 1

In-class Participation

Details of task: participation is assessed across the twelve seminars through contribution to discussion of the questions. Consistent engagement across the six weeks earns the mark rather than a single strong contribution.

Nature of task: Compulsory and non-redeemable. Failure to complete this assessment will result in a mark of zero for this assessment task.

Weighting: 10%.

Release: ongoing.

Due date: Ongoing across the teaching period, 28 July to 2 September 2026. Due to the nature of the task, late submission or extension is not permitted.

Estimated return date: Monday 5 October 2026.

Assessment criteria:

consistency and quality of contribution to seminar discussion

completion of the in-seminar polling questions

Assessment Task 2

Group Presentation and Reflective Journal

Details of Task: Each student will prepare and take part in a Group Presentation in accordance with the class roster, available from Week 1 of the course. Students will present in groups of approximately 3 students, with approximately 5 minutes per student and a total group presentation time of approximately 15 minutes, but will each be given an individual grade. Each group must also submit a Reflection Paper of no more than 600 words on the topic. The Reflection Paper is compulsory but will not be separately graded. Failure to submit the Reflection Paper will result in a 30% reduction to the mark awarded for this assessment task.

Each student must complete one presentation, but it is not necessary to pass the task to pass the course. Each group will discuss a topic relating to the compulsory readings in the week in which it presents. Each student will need to nominate their topics and weeks for presentation by 30 July 2026. Groups will be allocated by the end of Week 1, and group presentations start from Week 2. The number of presentations each week will depend on the enrolment numbers of the course.

The primary purpose of the Reflection Paper is to invite students to suggest questions or issues that they would like to be discussed in class or offer their comments on the readings they particularly want to share with the class. The deadline for Reflection Papers is 24 hours before the seminar in which the group presents.

Nature of Task: Compulsory and non-redeemable. Failure to complete this assessment will result in a mark of zero for this assessment task.

Weighting: 20%

Release: The list of presentation topics and the nomination procedure will be available on the course site by 29 July 2026, and students nominate their preferred week by 5pm, 30 July 2026.

Word Limit:  1,350-word equivalent, comprising a 15-minute group presentation equivalent to 750 words and a group Reflection Paper of no more than 600 words. The ANU Law School excess word penalty policy can be found here.

Submission Requirements: The Reflection Paper must be submitted via Canvas in a word processing file format (.doc, .docx). PDF files are not acceptable. Footnotes should be used for the referencing of all sources, where applicable. All references should be compliant with the current edition of the Australian Guide to Legal Citation.

Due Date: Students will complete this task in their assigned presentation week. Presentation times will be confirmed on Canvas. The Reflection Paper is due 24 hours before the seminar in which the group presents.

If you are unable to present on the scheduled day due to extenuating circumstances and have supporting documentation, please contact your Course Convenor as soon as possible. The Course Convenor will advise whether an alternative presentation arrangement is available.

Extenuating circumstances that may warrant approval may include, but are not limited to: medical reasons, family or personal reasons, bereavement, or cultural or religious commitments where the commitment conflicts with the scheduled presentation.

Approval will not normally be given for work-related reasons.

Estimated Return Date: Monday 5 October 2026.

Assessment Criteria: The presentation will be graded according to the following criteria:

• understanding and discussion of relevant issues;
• the quality and clarity of the argument;
• effective communication and delivery;
• promotion of audience discussion; and
• ability to work as a group to make a cohesive presentation.

Assessment Task 3

Legal Pathfinder

Details of task: Each student produces a legal pathfinder, a critical, annotated research guide that maps the law of an allocated area within the course's field and marks the research path for a future user. Pathfinders are an established instrument of advanced legal research training, and this task assesses the professional skills of locating, verifying, evaluating, and annotating legal sources. Each student will be allocated the same doctrinal question as the basis for their research, but students will have limited flexibility in selecting a jurisdiction from the options provided. Students will complete a structured template with the components to be specified by the Convenor.

Nature of task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 25%.

Release: Tuesday 28 July 2026, with the template, the allocation procedure, and the rubric, via the course site.

Word limit: 1,700 words, exclusive of the verification log and footnotes, as specified in the template instructions. The ANU Law School excess word penalty policy can be found here.

Submission requirement: submission is through Turnitin in a word-processing file format (.doc, .docx). Footnotes should be used for the referencing of all sources, and all references should comply with the current edition of the Australian Guide to Legal Citation. Students must follow the policies on the use of AI as specified in the section 'OTHER INFORMATION TO BE PUBLISHED ON P&C' of this class summary.

Due date: 5pm, Thursday 13 August 2026 (Week 3), via Turnitin. Late submission (without an extension) is permitted, although late penalties will apply.

Estimated return date: Friday 28 August 2026 (Week 5).

Assessment criteria:

• the currency of the legal framework stated;
• the completeness and accuracy of the legal sources stated;
• the quality of the annotations and critical evaluations; and
• compliance with the current edition of the Australian Guide to Legal Citation.

Detailed instructions will be provided on the course site.

Assessment Task 4

Written Assessment

Details of task: This task consists of an essay and a one-page research planning record. The essay question supplies a fact scenario or an extract from a primary legal source studied in the course and asks you to make a reasoned argument about it or critique a designated claim. Your answer must analyse the operation of the relevant legal sources as part of your argument or critique, must draw on relevant academic literature that you have researched when preparing for the legal pathfinder assignment, and must engage with the strongest counterargument to your position. A short planning record of up to one page, noting how you organised your research and reply to the question, must be submitted with your answer.

This is not a timed examination. The task will be available during a set submission window. Students are responsible for managing their time and submitting by the due date, unless an approved extension or other adjustment applies.

Students must follow the policies on the use of AI as specified in the section “Other Information to be Published on P&C” of this class summary. Students remain responsible for the content of their answer and must verify every source cited against the original source. Detailed instructions will be provided on the course site before the assessment window opens.

Nature of task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 45%.

Release: the paper will be released at 3pm (AEST), Friday 11 September 2026.

Word limit: 3,000 words, exclusive of footnotes and the planning record. The planning record should not exceed one page. The ANU Law School excess word penalty policy can be found here.

Submission requirement: submission is through Turnitin in a word-processing file format (.doc, .docx). Footnotes should be used for the referencing of all sources, and all references should comply with the current edition of the Australian Guide to Legal Citation. Where AI or other assistive technologies are used, students must comply with all disclosure requirements available on the course Canvas site. Students remain responsible for the content of their answer and must verify every source cited against the original source.

Due date: 9am (AEST), Monday 14 September 2026. Late submissions (without an extension) are permitted, but late penalties will apply. Please be aware that if you are in your final course(s), any late submissions may delay your conferral date.

Estimated return date: Monday 5 October 2026.

Assessment criteria: Detailed marking criteria will be provided with the assessment instructions.

Assessment Task 5

Quiz

Details of task: An online multiple-choice quiz on the functions and principles of the freedom of information regime, completed on Canvas.

Nature of task: optional. This task is designed to give students feedback on their progress in the course before the mid-point of the teaching period.

Weighting: 0%.

Release: Friday 7 Aug 2026, via the course site.

Due date: The quiz remains open until 5pm, Friday 4 September 2026. As this quiz is optional, not weighted, and open for more than 24 hours, no time adjustments or extensions will be applied for this task. Late submission is not permitted.

Estimated return date: results and answer explanations are available immediately upon completion.

Assessment criteria: the quiz result reflects the number of correct responses.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.  

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

• Maximum Submissions: Students can submit up to three times per assessment.
• Final Submission Counts: Only the last uploaded version will be marked — provided it is uploaded before marking begins.
• Late Submissions: If submitted after the due date, the final version will still be marked, but late penalties will apply (unless an extension has been approved).
• No Submissions After Return Date: Once the return-of-assessment date has passed, NO submissions will be accepted.
• Marking Already Started: If a marker has already begun marking a version, that version will be the one assessed — even if a newer one is uploaded later.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Accessibility for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students