Information Act 2002

This Act may be cited as the Information Act 2002.

Administrator by notice in the Gazette.

(a) to provide the Territory community with access to government information by:

(i) making available to the public information about the operations of public sector organisations and, in particular, ensuring that rules and practices affecting members of the public in their dealings with public sector organisations are readily available to persons affected by those rules and practices; and

(ii) creating a general right of access to information held by public sector organisations limited only in those circumstances where the disclosure of particular information would be contrary to the public interest because its disclosure would have a prejudicial effect on essential public interests or on the private and business interests of persons in respect of whom information is held by public sector organisations; and

(b) to protect the privacy of personal information held by public sector organisations by:

(i) providing individuals with a right of access to, and a right to request correction of, their personal information held by public sector organisations; and

(ii) establishing a regime for the responsible collection and handling of personal information by public sector organisations; and

(iii) providing remedies for interference with the privacy of an individual's personal information; and

(c) to establish an independent officeholder, the Information Commissioner, to oversee the freedom of information and privacy provisions of this Act; and

(d) to promote efficient and accountable government through appropriate records and archives management by public sector organisations.

(2) This Act is intended to strike a balance between competing interests by giving members of the Territory community a right of access to government information with limited exceptions and exemptions for the purpose of preventing a prejudicial effect on the public interest as described in subsection (1)(a)(ii).

(a) does not replace other procedures for accessing government information; and

(b) does not limit in any way access to government information (other than personal information) that is publicly available.

(1) Government information that discloses a person's identity or from which a person's identity is reasonably ascertainable is personal information.

(2) However, the government information is not personal information to the extent that:

(a) the person's identity is disclosed only in the context of having acted in an official capacity for a public sector organisation; and

(b) the government information discloses no other personal information about the person.

acted in an official capacity, in relation to a public sector organisation, means having exercised a power or performed a function as, or on behalf of, the organisation.

(1) Section 4, definition person does not limit the application of the offence provisions to persons who are individuals.

offence provisions means the provisions of this Act that create or relate to offences (including in relation to criminal responsibility, defences and penalties).

(1) Subject to this section, a public sector organisation is any of the following:

(f) a person appointed, or body established, by or under an Act or by the Administrator or by a minister;

(k) a person or body declared by the Regulations to be a public sector organisation.

(b) a person or body declared by the Regulations not to be a public sector organisation.

(b) if a Government Business Division forms part of an Agency – that part of the Agency.

(4) A Government Business Division or Government owned corporation is a public sector organisation for personal information only.

(4A) A public sector organisation may be declared by the Regulations to be a public sector organisation for personal information only.

(b) except as expressly provided in Parts 7A and 8 – a tribunal in relation to its decision-making functions; or

(c) a coroner as defined in section 3 of the Coroners Act 1993 in relation to an inquest or inquiry under that Act; or

(d) the Local Court in relation to a preliminary examination under Part V of the Local Court (Criminal Procedure) Act 1928.

(6) For this Act, other than Part 2 (General principles about disclosure of information) and Part 9 (Records and archives management), a public sector organisation includes a minister, but only to the extent that the minister holds government information connected with his or her responsibilities as the holder of that office.

(6A) To avoid doubt, for Part 3, a minister and a member of the staff of a minister (each a ministerial entity) is not a public sector organisation in relation to recorded information in any form, (including data in a computer system), including a part or copy of that information, held by the ministerial entity that:

(b) has not been shared with or provided to a public sector organisation other than another ministerial entity.

(7) A reference to a public sector organisation includes a reference to the following:

(c) a contract service provider to the extent of the services it provides under the service contract;

(d) an employee or agent of a contract service provider to the extent of the employee's or agent's involvement in collecting or handling personal information under the service contract;

(e) a person (other than a contract service provider) who provides services to the organisation under a contract between the organisation or the Territory and that person or another person to the extent of the services provided.

(8) A reference to a court or tribunal includes a reference to the following:

(b) the registrar (however described) and the other officers of the court or tribunal;

(c) the staff in the registry and other offices of the court or tribunal;

(1) A public sector organisation holds government information if the organisation has possession or control of the information:

(2) At any time, a public sector organisation is taken to hold government information that has been transferred to the archives service under Part 9, Division 4 (Managing archives) but is not yet available to the public under that Division if the organisation is responsible at that time for the function to which the record relates.

Except as expressly provided by this Act:

This Act binds the Crown in right of the Territory and, so far as the legislative powers of the Legislative Assembly permits, the Crown in all its other capacities.

This Act prevails to the extent to which it is inconsistent with another law of the Territory (whether made before or after the commencement of this section).

Part IIAA of the Criminal Code applies to an offence against this

Act.

Note for section 9A

Part IIAA of the Criminal

Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

(a) make available to the public such government information as is reasonably possible; and

(c) assist the public to ensure that personal information is accurate, complete and up to date.

(2) This Act does not prevent or discourage public sector organisations from:

(b) providing access to government information, including information that is exempt under Part 4 (Exemptions in the public interest); or

otherwise than under this Act if it is proper to do so or is required or permitted by law to be done.

(3) Public sector organisations are not required to provide access to government information if it is not in the public interest to do so.