---
title: "FOI third-party consultation notice: business information or personal information (FOI Act ss 27 and 27A)"
url: "https://ailawframework.com/precedents/administrative-and-public-law/foi-third-party-consultation-notice"
type: "precedent"
site: "AI Law Framework"
id: "a31-foi-third-party-consultation-notice"
area_id: "A31"
kind: "notice"
ai_level: "yellow"
version: 1
task_ids: ["A31-X20260927-2"]
law_stated_as_at: "2026-10-18"
---

# FOI third-party consultation notice: business information or personal information (FOI Act ss 27 and 27A)

> Agency notice inviting a person or business to make submissions before documents containing their business or personal information are released under the FOI Act, with the response date, the exemption tests, the…

Canonical page: https://ailawframework.com/precedents/administrative-and-public-law/foi-third-party-consultation-notice  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

Agency notice inviting a person or business to make submissions before documents containing their business or personal information are released under the FOI Act, with the response date, the exemption tests, the processing extension and their review rights.

## Key facts

- Kind: Notice. A formal notice to serve or publish.
- Practice area: [Administrative & Public Law](https://ailawframework.com/precedents/administrative-and-public-law.md)
- Jurisdictions: Commonwealth, Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 4 authorities it cites, for Commonwealth and Australia.

## When to use it

Use when an agency or minister processing a Commonwealth FOI request considers that a person or organisation might reasonably wish to argue that documents are exempt under s 47 or conditionally exempt under s 47G or s 47F. Send it early, because the consultation extends the processing period by 30 days only if the agency determines this in writing and tells the applicant.

## Used for these tasks

- [Run the third-party consultation for an information-access request](https://ailawframework.com/practice/administrative-and-public-law.md#A31-X20260927-2)

## How AI may be used

AI may identify the third parties named in the documents and fill the notice and schedule; the FOI decision-maker decides whom to consult, what to attach and the response date.

**AI may:**

- List the people and organisations named in the documents within scope, with the pages and the kind of information about them
- Fill the notice and the schedule of documents or extracts for each third party from the decision-maker’s instructions
- Calculate the response date and the extended processing date, for the decision-maker to confirm

**AI must not:**

- Must not decide whether a third party might reasonably wish to make an exemption contention
- Must not disclose the applicant’s identity, or one third party’s information to another, in a notice
- Must not process the documents in a tool outside the agency’s approved environment or one that retains or trains on them

**The lawyer checks:**

- Each third party consulted has information of the kind in s 27(2) or personal information, and the s 27(3) or s 27A(2) matters were considered
- Each notice attaches only the third party’s own information, and nothing identifies the applicant unless the applicant agreed
- The 30-day extension has been determined in writing and the applicant told as soon as practicable (s 15(6))
- If access is to be given despite objection, the notice of decision goes to both the third party and the applicant, and nothing is released until review rights have run out

## Authorities

- [Freedom of Information Act 1982 (Cth) s 27 (consultation on business documents; reasonable opportunity to make submissions; notice of decision; access not given until review rights run out)](https://www.legislation.gov.au/C2004A02562/latest/text)
- [Freedom of Information Act 1982 (Cth) s 27A (consultation on documents affecting personal privacy)](https://www.legislation.gov.au/C2004A02562/latest/text)
- [Freedom of Information Act 1982 (Cth) s 15(6) (30-day extension of the processing period for consultation under s 26A, 27 or 27A)](https://www.legislation.gov.au/C2004A02562/latest/text)
- [Freedom of Information Act 1982 (Cth) ss 11A(5), 47, 47F, 47G (public interest test; trade secrets; personal privacy; business information)](https://www.legislation.gov.au/C2004A02562/latest/text)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/administrative-and-public-law/foi-third-party-consultation-notice and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*