1Short title [see Note 1]
This Act may be cited as the Freedom of Information Amendment (Reform) Act 2010.
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Bill homepage (APH)This Act may be cited as the Freedom of Information Amendment (Reform) Act 2010.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 31 May 2010 |
2. Schedule 1 | Immediately after the commencement of section 3 of the Australian Information Commissioner Act 2010. However, if section 3 of the Australian Information Commissioner Act 2010 does not commence, the provision(s) do not commence at all. | 1 November 2010 |
3. Schedule 2 | The day after the end of the period of 6 months beginning on the day section 3 of the Australian Information Commissioner Act 2010 commences. However, if section 3 of the Australian Information Commissioner Act 2010 does not commence, the provision(s) do not commence at all. | 1 May 2011 |
4. Schedule 3, items 1 to 14 | Immediately after the commencement of section 3 of the Australian Information Commissioner Act 2010. However, if section 3 of the Australian Information Commissioner Act 2010 does not commence, the provision(s) do not commence at all. | 1 November 2010 |
5. Schedule 3, item 15 | The day after the end of the period of 6 months beginning on the day section 3 of the Australian Information Commissioner Act 2010 commences. However, if section 3 of the Australian Information Commissioner Act 2010 does not commence, the provision(s) do not commence at all. | 1 May 2011 |
6. Schedule 3, items 16 to 40 | Immediately after the commencement of section 3 of the Australian Information Commissioner Act 2010. However, if section 3 of the Australian Information Commissioner Act 2010 does not commence, the provision(s) do not commence at all. | 1 November 2010 |
7. Schedules 4 to 7 | Immediately after the commencement of section 3 of the Australian Information Commissioner Act 2010. However, if section 3 of the Australian Information Commissioner Act 2010 does not commence, the provision(s) do not commence at all. | 1 November 2010 |
This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Objects
Freedom of Information Act 1982
1 Section 3
Repeal the section, substitute:
The objects of this Act are to give the Australian community access to information held by the Government of the Commonwealth, by:
requiring agencies to publish the information; and
providing for a right of access to documents.
The Parliament intends, by these objects, to promote Australia’s representative democracy by contributing towards the following:
increasing public participation in Government processes, with a view to promoting better‑informed decision‑making;
increasing scrutiny, discussion, comment and review of the Government’s activities.
The Parliament also intends, by these objects, to increase recognition that information held by the Government is to be managed for public purposes, and is a national resource.
The Parliament also intends that functions and powers given by this Act are to be performed and exercised, as far as possible, to facilitate and promote public access to information, promptly and at the lowest reasonable cost.
Scope
This section applies if a Minister, or an officer of an agency, has the power to publish, or give access to, information or a document (including an exempt document) apart from under this Act.
Publication and access powers not limited
The Parliament does not intend, by this Act, to limit that power, or to prevent or discourage the exercise of that power:
in the case of the power to publish the information or document—despite any restriction on the publication of the information or document under this Act; and
in the case of the power to give access to the information or document—whether or not access to the information or document has been requested under section 15.
2 Section 14
Repeal the section.
Schedule 2—Publication of information
Freedom of Information Act 1982
1 Subsection 4(1)
Insert:
operational information has the meaning given by section 8A.
2 Subsection 4(9)
Omit “of this Act (other than sections 8 and 93)”.
3 Part II
Repeal the Part, substitute:
This Part establishes an information publication scheme for agencies.
Each agency must publish a plan showing how it proposes to implement this Part.
An agency must publish a range of information including information about what the agency does and the way it does it, as well as information dealt with or used in the course of its operations, some of which is called operational information.
In addition, an agency may publish other information held by the agency.
Information published by an agency must be kept accurate, up‑to‑date and complete.
An agency is not required to publish exempt matter. An agency is also not required to publish information if prohibited by another enactment.
The information (or details of how to access the information) must be published on a website. If there is a charge for accessing the information, the agency must publish details of the charge.
An agency must, in conjunction with the Information Commissioner, review the operation of the scheme in the agency every 5 years (if not earlier).
An agency must have regard to the objects of this Act, and guidelines issued by the Information Commissioner, in doing anything for the purposes of this Part.
If operational information is not published in accordance with this Part, a person must not be subjected to any prejudice as a result of not having access to the information.
Agency plans
An agency must prepare a plan showing the following:
what information the agency proposes to publish for the purposes of this Part;
how, and to whom, the agency proposes to publish information for the purposes of this Part;
how the agency otherwise proposes to comply with this Part.
Information that must be published
The agency must publish the following information:
the plan prepared under subsection (1);
details of the structure of the agency’s organisation (for example, in the form of an organisation chart);
as far as practicable, details of the functions of the agency, including its decision‑making powers and other powers affecting members of the public (or any particular person or entity, or class of persons or entities);
details of appointments of officers of the agency that are made under Acts (other than APS employees within the meaning of the Public Service Act 1999);
the information in annual reports prepared by the agency that are laid before the Parliament;
details of arrangements for members of the public to comment on specific policy proposals for which the agency is responsible, including how (and to whom) those comments may be made;
information in documents to which the agency routinely gives access in response to requests under Part III (access to documents), except information of the following kinds:
personal information about any individual, if it would be unreasonable to publish the information;
information about the business, commercial, financial or professional affairs of any person, if it would be unreasonable to publish the information;
other information of a kind determined by the Information Commissioner under subsection (3), if it would be unreasonable to publish the information;
information held by the agency that is routinely provided to the Parliament in response to requests and orders from the Parliament;
contact details for an officer (or officers) who can be contacted about access to the agency’s information or documents under this Act;
the agency’s operational information (see section 8A).
If operational information is not published in accordance with this section, a person must not be subjected to any prejudice as a result (see section 10).
The Information Commissioner may, by legislative instrument, make a determination for the purposes of subparagraph (2)(g)(iii).
Other information
The agency may publish other information held by the agency.
Functions and powers
This section applies to a function or power of an agency whether or not the agency has the function or power under an enactment.
See section 8C for restrictions on the requirement to publish this information.
The agency must have regard to the objects of this Act and guidelines issued by the Information Commissioner in performing functions, and exercising powers, under this section (see section 9A).
An agency’s operational information is information held by the agency to assist the agency to perform or exercise the agency’s functions or powers in making decisions or recommendations affecting members of the public (or any particular person or entity, or class of persons or entities).
The agency’s rules, guidelines, practices and precedents relating to those decisions and recommendations.
An agency’s operational information does not include information that is available to members of the public otherwise than by being published by (or on behalf of) the agency.
An agency must ensure that information published by the agency as required or permitted by this Part is accurate, up‑to‑date and complete.
Exempt documents
An agency is not required under this Part to publish exempt matter.
Publication prohibited or restricted by other legislation
If an enactment restricts or prohibits the publication of particular information, an agency is not required under this Part to publish the information otherwise than as permitted or required by the enactment.
Operation of restrictions
This section applies despite section 8.
Scope
An agency must publish information that is required or permitted to be published under this Part in accordance with this section.
How (and to whom) information is to be published
The agency must publish the information:
to members of the public generally; and
if the agency considers that it is appropriate to do so—to particular classes of persons or entities.
The agency must publish the information on a website by:
making the information available for downloading from the website; or
publishing on the website a link to another website, from which the information can be downloaded; or
publishing on the website other details of how the information may be obtained.
Charges
The agency may impose a charge on a person for accessing the information only if:
the person does not directly access the information by downloading it from the website (or another website); and
the charge is to reimburse the agency for specific reproduction costs, or other specific incidental costs, incurred in giving the person access to that particular information.
If there is a charge for accessing the information, the agency must publish details of the charge in the same way as the information is published under this section.
Note 1: The agency must have regard to the objects of this Act and guidelines issued by the Information Commissioner in performing functions, and exercising powers, under this section (see section 9A).
Note 2: After access is given to a document under Part III (access to documents) in accordance with a request, the agency must publish the accessed document to members of the public generally in the same way as described in this section (although certain exceptions apply) (see section 11C).
The Information Commissioner may provide appropriate assistance to an agency in:
identifying and preparing information which is required or permitted to be published under this Part; and
determining how (and to whom) the information is required or permitted to be published under section 8D.
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