Freedom of Information Act 1982 (Cth)

Freedom of Information Act 1982

No. 3, 1982

Compilation No. 120

Compilation date: 1 November 2025

Includes amendments: Act No. 109, 2024

About this compilation

This compilation

This is a compilation of the Freedom of Information Act 1982 that shows the text of the law as amended and in force on 1 November 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register ( saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to give to members of the public rights of access to official documents of the Government of the Commonwealth and of its agencies

Part IPreliminary1Short title

This Act may be cited as the Freedom of Information Act 1982.

2Commencement

The several Parts of this Act shall come into operation on such respective dates as are fixed by Proclamation.

3Objects – general

(1)
The objects of this Act are to give the Australian community access to information held by the Government of the Commonwealth, by:
(a)
requiring agencies to publish the information; and
(b)
providing for a right of access to documents.
(2)
The Parliament intends, by these objects, to promote Australia’s representative democracy by contributing towards the following:
(a)
increasing public participation in Government processes, with a view to promoting better‑informed decision‑making;
(b)
increasing scrutiny, discussion, comment and review of the Government’s activities.
(3)
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.
(4)
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.

3AObjects – information or documents otherwise accessible

Scope
(1)
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
(2)
The Parliament does not intend, by this Act, to limit that power, or to prevent or discourage the exercise of that power:
(a)
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
(b)
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.

4Interpretation

(1)
In this Act, unless the contrary intention appears:
access grant decision has the meaning given by section 53B.
access refusal decision has the meaning given by section 53A.
ACT enactment means an enactment as defined by section 3 of the Australian Capital Territory (Self‑Government) Act 1988.
action, if the action is taken by a person or agency, has the same meaning as in the Ombudsman Act 1976.
Note: See subsections 3(2) to (7) of the Ombudsman Act 1976.
affected third party has the meaning given by section 53C.
agency means a Department, a prescribed authority or a Norfolk Island authority.
applicant means a person who has made a request.
Australian Geospatial‑Intelligence Organisation means that part of the Department of Defence known as the Australian Geospatial‑Intelligence Organisation.
authorised person has the meaning given by section 77.
Cabinet includes a committee of the Cabinet.
Cabinet notebook means a notebook or other like record that contains notes of discussions or deliberations taking place in a meeting of the Cabinet, if the notes were made in the course of those discussions or deliberations by, or under the authority of, the Secretary to the Cabinet.
Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.
Commission of inquiry means:
(a)
the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); or
(b)
a Commission of inquiry within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
Commonwealth contract means a contract to which all of the following apply:
(a)
the Commonwealth or an agency is, or was, a party to the contract;
(b)
under the contract, services are, or were, to be provided:
(i)
by another party; and
(ii)
for or on behalf of an agency; and
(iii)
to a person who is not the Commonwealth or an agency;
(c)
the services are in connection with the performance of the functions, or the exercise of the powers, of an agency.
complainant has the meaning given by subsection 70(1).
conditionally exempt: a document is conditionally exempt if Division 3 of Part IV (public interest conditional exemptions) applies to the document.
Note: Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A).
contracted service provider, for a Commonwealth contract, means an entity that is, or was:
(a)
a party to the Commonwealth contract; and
(b)
responsible for the provision of services under the Commonwealth contract.
defence intelligence document has the meaning given by paragraph 7(2C)(a).
Defence Intelligence Organisation means that part of the Department of Defence known as the Defence Intelligence Organisation.
Department means a Department of the Australian Public Service that corresponds to a Department of State of the Commonwealth.
document includes:
(a)
any of, or any part of any of, the following things:
(i)
any paper or other material on which there is writing;
(ii)
a map, plan, drawing or photograph;
(iii)
any paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them;
(iv)
any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device;
(v)
any article on which information has been stored or recorded, either mechanically or electronically;
(vi)
any other record of information; or
(b)
any copy, reproduction or duplicate of such a thing; or
(c)
any part of such a copy, reproduction or duplicate;
but does not include:
(d)
material maintained for reference purposes that is otherwise publicly available; or
(e)
Cabinet notebooks.
document of an agency: a document is a document of an agency if:
(a)
the document is in the possession of the agency, whether created in the agency or received in the agency; or
(b)
in order to comply with section 6C, the agency has taken contractual measures to ensure that it receives the document.
edited copy has the meaning given by section 22 (access to edited copies with exempt or irrelevant matter deleted).
electronic communication has the same meaning as in the Electronic Transactions Act 1999.
enactment means, subject to section 4A:
(a)
an Act;
(b)
an Ordinance of the Australian Capital Territory; or
(c)
an instrument (including rules, regulations or by‑laws) made under an Act or under such an Ordinance and includes an enactment as amended by another enactment.
engage in conduct means:
(a)
do an act; or
(b)
omit to do an act.
exempt content‑service document means:
(a) a document containing content, or a record of content (within the meaning of Schedule 7 to the Broadcasting Services Act 1992), that:
(i)
has been delivered by, or accessed using, a content service (within the meaning of that Schedule); and
(ii)
was offensive content‑service content when it was delivered by, or accessed using, that content service; or
(b)
a document that sets out how to access, or that is likely to facilitate access to, offensive content‑service content (for example, by setting out the name of a website, an IP address, a URL or a password).
exempt document means:
(a)
a document that is exempt for the purposes of Part IV (exempt documents) (see section 31B); or
(b)
a document in respect of which, by virtue of section 7, an agency, person or body is exempt from the operation of this Act; or
(c)
an official document of a Minister that contains some matter that does not relate to the affairs of an agency or of a Department of State.
exempt internet‑content document means:
(a) a document containing information (within the meaning of Schedule 5 to the Broadcasting Services Act 1992, as in force before the commencement of the Online SafetyAct 2021) that:
(i)
has been copied from the internet; and
(ii)
was offensive internet content when it was accessible on the internet; or
(b)
a document that sets out how to access, or that is likely to facilitate access to, offensive internet content (for example: by setting out the name of a website, an IP address, a URL, a password, or the name of a newsgroup).
exempt matter means matter the inclusion of which in a document causes the document to be an exempt document.
exempt online content scheme document means:
(a)
a document containing material (within the meaning of the Online SafetyAct 2021), or a record of material (within the meaning of that Act), that is online content scheme material; or
(b)
a document that sets out how to access, or that is likely to facilitate access to, material (within the meaning of the Online SafetyAct 2021) that is online content scheme material (for example, by setting out the name of a website, an IP address, a URL or a password).
Human Services Department means Services Australia.
IC review has the meaning given by section 54G.
IC reviewable decision has the meaning given by section 54K.
IC review applicant has the meaning given by section 54J.
IC review application has the meaning given by section 54H.
implementation notice has the meaning given by section 89.
Independent Review means the Independent Review into the workplaces of Parliamentarians and their staff conducted under the Australian Human Rights Commission Act 1986 by the Sex Discrimination Commissioner (within the meaning of that Act).
Note: The Independent Review commenced in 2021.
Information Commissioner has the meaning given by the Australian Information Commissioner Act 2010.
intelligence agency document has the meaning given by paragraph 7(2A)(a).
internal review has the meaning given by sections 54 and 54A.
internal review applicant has the meaning given by section 54B.
investigation recommendations has the meaning given by section 88.
investigation results has the meaning given by section 87.
NBN Co means NBN Co Limited (ACN 136 533 741), as the company exists from time to time (even if its name is later changed).
Norfolk Island authority means any of the following bodies or persons, other than a body or person prescribed by the regulations for the purposes of subsection 7(2AB):
(a)
a body (whether incorporated or not) established for a public purpose by or under a Norfolk Island law, other than a law providing for the incorporation of associations or companies;
(b)
a person holding or performing the duties of:
(i)
an office established by or under a Norfolk Island law; or
(ii)
an appointment made under a Norfolk Island law.
Norfolk Island law means a law in force in the Territory of Norfolk Island other than:
(a)
an Act; or
(b)
an instrument made under an Act.
offensive content‑service content means content (within the meaning of Schedule 7 to the Broadcasting Services Act 1992) that is:
(a)
delivered by, or accessed using, a content service (within the meaning of that Schedule); and
(b)
either:
(i)
prohibited content (within the meaning of that Schedule, as in force before the commencement of the Online SafetyAct 2021); or
(ii)
potential prohibited content (within the meaning of that Schedule, as in force before the commencement of the Online SafetyAct 2021).
offensive internet content means internet content (within the meaning of Schedule 5 to the Broadcasting Services Act 1992, as in force before the commencement of the Online SafetyAct 2021) that is:
(a)
prohibited content (within the meaning of Schedule 5 to that Act as in force before the commencement of Schedule 7 to that Act); or
(b)
potential prohibited content (within the meaning of Schedule 5 to that Act as in force before the commencement of Schedule 7 to that Act).
officer, in relation to an agency, includes a member of the agency or a member of the staff of the agency.
official document of a Minister or official document of the Minister means a document that is in the possession of a Minister, or that is in the possession of the Minister concerned, as the case requires, in his or her capacity as a Minister, being a document that relates to the affairs of an agency or of a Department of State and, for the purposes of this definition, a Minister shall be deemed to be in possession of a document that has passed from his or her possession if he or she is entitled to access to the document and the document is not a document of an agency.
Ombudsman means the Commonwealth Ombudsman.
online content scheme material means material that:
(a)
has been provided on a social media service, relevant electronic service or designated internet service (within the meaning of the Online SafetyAct 2021); and
(b)
was:
(i)
class 1 material (within the meaning of the Online SafetyAct 2021); or
(ii)
class 2 material (within the meaning of the Online SafetyAct 2021) that is covered by paragraph 107(1)(a), (b), (c), (d) or (e) of that Act;
when it was provided on the service.
operational information has the meaning given by section 8A.
Ordinance, in relation to the Australian Capital Territory, includes a law of a State that applies, or the provisions of a law of a State that apply, in the Territory by virtue of an enactment (other than a law that is, or provisions that are an ACT enactment).
Parliamentary Budget Office has the same meaning as in the Parliamentary Service Act 1999.
Parliamentary Budget Officer has the same meaning as in the Parliamentary Service Act 1999.
personal information has the same meaning as in the Privacy Act 1988.
practical refusal reason has the meaning given by section 24AA.
prescribed authority means:
(a)
a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment or an Order‑in‑Council, other than:
(i)
an incorporated company or association; or
(ii)
a body that, under subsection (2), is not to be taken to be a prescribed authority for the purposes of this Act; or
(iii)
the Australian Capital Territory House of Assembly; or
(iv)
the Legislative Assembly of the Northern Territory or the Executive Council of the Northern Territory; or
(vi)
a Royal Commission; or
(vii)
a Commission of inquiry; or
(aa)
NBN Co; or
(b)
any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being:
(i)
a body established by the Governor‑General or by a Minister; or
(ii)
an incorporated company or association over which the Commonwealth is in a position to exercise control; or
(c)
subject to subsection (3), the person holding, or performing the duties of, an office established by an enactment or an Order‑in‑Council; or
(d)
the person holding, or performing the duties of, an appointment declared by the regulations to be an appointment the holder of which is a prescribed authority for the purposes of this Act, being an appointment made by the Governor‑General, or by a Minister, otherwise than under an enactment or an Order‑in‑Council.
principal officer means:
(a)
in relation to a Department—the person holding, or performing the duties of, the office of Secretary of the Department; or
(b)
in relation to a prescribed authority:
(i)
if the regulations declare an office to be the principal office of the authority—the person holding, or performing the duties of, that office;
(ii)
if the authority is an Agency (within the meaning of the Public Service Act 1999) other than a Department and subparagraph (i) does not apply—the Agency Head (within the meaning of the Public Service Act 1999) of the authority;
(iii)
if neither subparagraph (i) nor (ii) applies—the person responsible for the day‑to‑day management of the authority;
(iv)
if the authority is constituted by one person and none of subparagraphs (i) to (iii) applies—that person;
(v)
if the authority is constituted by 2 or more persons and none of subparagraphs (i) to (iv) applies—the person who is entitled to preside at any meeting of the authority at which he or she is present; or
(c)
in relation to a Norfolk Island authority—the person responsible for the day‑to‑day management of the authority.
request means an application made under subsection 15(1).
request consultation process has the meaning given by section 24AB.
respondent agency has the meaning given by subsections 69(2) and 70(2).
responsible Minister means:
(a)
in relation to a Department—the Minister administering the relevant Department of State; or
(b)
in relation to a prescribed authority referred to in paragraph (a) of the definition of prescribed authority—the Minister administering the part of the enactment by which, or in accordance with the provisions of which, the prescribed authority is established; or
(ba)
in relation to the prescribed authority referred to in paragraph (aa) of that definition—the Minister administering the National Broadband Network Companies Act 2011; or
(c)
in relation to a prescribed authority referred to in paragraph (c) of that definition—the Minister administering the part of the enactment by which the office is established; or
(d)
in relation to any other prescribed authority—the Minister declared by the regulations to be the responsible Minister in respect of that authority; or
(e)
in relation to a Norfolk Island authority—the Minister administering the Norfolk Island Act 1979;
or another Minister acting for and on behalf of that Minister.
review parties has the meaning given by section 55A.
run out: all of a person’s opportunities for review or appeal in relation to an access grant decision have run out when:
(a)
the latest time for applying for an internal review or an IC review in relation to the decision has ended, if the person has not applied for either review; or
(b)
if the person has applied for an internal review in relation to the decision:
(i)
the internal review is concluded; and
(ii)
the time for applying for an IC review of the decision on internal review has ended, if the person has not applied for the IC review; or
(c)
if the person has applied for an IC review in relation to the decision:
(i)
proceedings in relation to the IC review are concluded; and
(ii)
the time for applying to the Tribunal for a review in relation to the decision has ended, if the person has not applied for such a review; and

(iii)
the time for instituting an appeal to the Federal Court in relation to the IC review has ended (with no appeal instituted), or, if an appeal has been instituted, all proceedings in relation to the appeal have been concluded; or
(d)
if the person has applied to the Tribunal for a review in relation to the decision:
(i)
proceedings in relation to the review are concluded; and
(ii)
the time for instituting an appeal to the Federal Court in relation to the review by the Tribunal has ended (with no appeal instituted), or, if an appeal has been instituted, all proceedings in relation to the appeal have been concluded.
Note: The time for applying for a review of a decision may be extended in certain circumstances (see sections 54B and 54T).
State includes the Australian Capital Territory and the Northern Territory.
subcontractor, for a Commonwealth contract, means an entity:
(a)
that is, or was, a party to a contract (the subcontract):
(i)
with a contracted service provider for the Commonwealth contract; or
(ii)
with another subcontractor for the Commonwealth contract (under a previous application of this definition); and
(b)
that is, or was, responsible under the subcontract for the provision of services for the purposes (whether direct or indirect) of the Commonwealth contract.
Tribunal means the Administrative Review Tribunal.
vexatious applicant declaration has the meaning given by section 89K.
(2)
An unincorporated body, being a board, council, committee, sub‑committee or other body established by, or in accordance with the provisions of, an enactment for the purpose of assisting, or performing functions connected with, a prescribed authority shall not be taken to be a prescribed authority for the purposes of this Act, but shall be deemed to be comprised within that prescribed authority.
(3)
A person shall not be taken to be a prescribed authority:
(a)
by virtue of his or her holding:
(i)
an office of member of the Legislative Assembly for the Australian Capital Territory;
(ii)
an office of member of the Legislative Assembly of the Northern Territory or of Administrator or of Minister of the Northern Territory; or
(b)
by virtue of his or her holding, or performing the duties of:
(i)
a prescribed office;
(ii)
an office the duties of which he or she performs as duties of his or her employment as an officer of a Department or as an officer of or under a prescribed authority;
(iii)
an office of member of a body; or
(iv)
an office established by an enactment for the purposes of a prescribed authority.
(3A)
If an unincorporated body consists of a board, council, committee, sub‑committee or other body established by or under a Norfolk Island law for the purpose of assisting, or performing functions connected with, a Norfolk Island authority:
(a)
the unincorporated body is taken not to be a Norfolk Island authority for the purposes of this Act; and
(b)
the unincorporated body is taken to be comprised within that Norfolk Island authority.
(3B)
A person is not taken to be a Norfolk Island authority because he or she holds, or performs the duties of:
(a)
a prescribed office; or
(b)
an office the duties of which he or she performs as duties of his or her employment as an officer of a Norfolk Island authority; or
(c)
an office of member of a Norfolk Island authority; or
(d)
an office established by a Norfolk Island law for the purposes of a Norfolk Island authority.
(4)
For the purposes of this Act, the Department of Defence shall be deemed to include:
(a)
the Defence Force; and
(b)
the Australian Defence Force Cadets.
(5)
Without limiting the generality of the expression security of the Commonwealth, that expression shall be taken to extend to:
(a)
matters relating to the detection, prevention or suppression of activities, whether within Australia or outside Australia, subversive of, or hostile to, the interests of the Commonwealth or of any country allied or associated with the Commonwealth; and
(b)
the security of any communications system or cryptographic system of the Commonwealth or of another country used for:
(i)
the defence of the Commonwealth or of any country allied or associated with the Commonwealth; or
(ii)
the conduct of the international relations of the Commonwealth.
(6)
Where an agency is abolished, then, for the purposes of this Act:
(a)
if the functions of the agency are acquired by another agency—any request made to the first‑mentioned agency shall be deemed to have been made to, and any decision made by the first‑mentioned agency in respect of a request made to it shall be deemed to have been made by, the other agency; and
(b)
if the functions of the agency are acquired by more than one other agency—any request made to the first‑mentioned agency shall be deemed to have been made to, and any decision made by the first‑mentioned agency in respect of a request made to it shall be deemed to have been made by, whichever of those other agencies has acquired the functions of the first‑mentioned agency to which the document the subject of the request most closely relates; and
(c)
if the documents of the agency are transferred to the care (within the meaning of the Archives Act 1983) of the National Archives of Australia—any request made to the agency shall be deemed to have been made to, and any decision made by the agency in respect of a request made by it shall be deemed to have been made by, the agency to the functions of which the document the subject of the request most closely relates.
(7)
If the agency to which a request is so deemed to have been made, or by which a decision upon a request is so deemed to have been made, was not itself in existence at the time when the request or decision was deemed so to have been made, then, for the purposes only of dealing with that request or decision under this Act, that agency shall be deemed to have been in existence at that time.
(9)
For the purposes of the application of the definition of responsible Minister in subsection (1), the reference in that definition to the Minister administering a Department is a reference to the Minister to whom the Department is responsible in respect of the matter in respect of which this Act is being applied.
(10)
To avoid doubt, information or matter communicated in the way mentioned in paragraph 33(b) includes information or matter so communicated pursuant to any treaty or formal instrument on the reciprocal protection of classified information between the Government of the Commonwealth, or an authority of the Commonwealth, and:
(a)
a foreign government or an authority of a foreign government; or
(b)
an international organisation.
Note: Section 33 deals with documents affecting national security, defence or international relations.

4ACertain legislation relating to Australian Capital Territory not to be enactment

(1)
ACT enactments are not enactments.
(2)
The Australian Capital Territory (Self‑Government) Act 1988 and the Canberra Water Supply (Googong Dam) Act 1974 are not enactments.
(3)
Part IV, sections 29 and 30, subsection 63(2), section 66 and Division 5 of Part X of the Australian Capital Territory Planning and Land Management Act 1988 are not enactments.
(4)
Where the whole of an Act or Ordinance is not an enactment, an instrument made under it is not an enactment.
(5)
Where part of an Act or Ordinance is not an enactment, an instrument made under the Act or Ordinance, as the case may be, is not an enactment unless made for the purposes of the other part of the Act or Ordinance, as the case may be.

5Act to apply to courts in respect of administrative matters

Courts other than courts of Norfolk Island—general
(1)
For the purposes of this Act:
(a)
a court (other than a court of Norfolk Island) shall be deemed to be a prescribed authority;
(b)
the holder of a judicial office (other than a judicial office in a court of Norfolk Island) or other office pertaining to a court (other than a court of Norfolk Island) in his or her capacity as the holder of that office, being an office established by the legislation establishing the court, shall be deemed not to be a prescribed authority and shall not be included in a Department; and
(c)
a registry or other office of a court (other than a court of Norfolk Island), and the staff of such a registry or other office when acting in a capacity as members of that staff, shall be taken as a part of the court;
but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature.
Certain documents relating to complaint handling—Federal Court Judges
(1A)
This Act does not apply to any request for access to a document of a court (other than a court of Norfolk Island) that relates to a complaint handler (or a body consisting of complaint handlers):
(a)
exercising powers or performing functions under paragraph 15(1AA)(c) and subsection 15(1AAA) of the Federal Court of Australia Act 1976; or
(b)
assisting in exercising those powers or performing those functions.
For this purpose complaint handler has the meaning given by that Act.
Certain documents relating to complaint handling—Judges of the Federal Circuit and Family Court of Australia (Division 1)
(1B)
This Act does not apply to any request for access to a document of a court (other than a court of Norfolk Island) that relates to a complaint handler (or a body consisting of complaint handlers):
(a)
exercising powers or performing functions under paragraph 47(2)(d) and subsection 48(1) of the Federal Circuit and Family Court of Australia Act 2021; or
(b)
assisting in exercising those powers or performing those functions.
For this purpose complaint handler has the meaning given by that Act.
Certain documents relating to complaint handling—Judges of the Federal Circuit and Family Court of Australia (Division 2)
(1C)
This Act does not apply to any request for access to a document of a court (other than a court of Norfolk Island) that relates to a complaint handler (or a body consisting of complaint handlers):
(a)
exercising powers or performing functions under paragraph 144(2)(d) and subsection 145(1) of the Federal Circuit and Family Court of Australia Act 2021; or
(b)
assisting in exercising those powers or performing those functions.
For this purpose complaint handler has the meaning given by that Act.
Courts of Norfolk Island
(2)
For the purposes of this Act:
(a)
a court of Norfolk Island is taken to be a Norfolk Island authority; and
(b)
if a person is the holder of a judicial office in a court of Norfolk Island—the person, in his or her capacity as the holder of the office, is taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and
(c)
if:
(i)
a person is the holder of an office (other than a judicial office) that relates to a court of Norfolk Island; and
(ii)
the office is established by a Norfolk Island law;
the person, in his or her capacity as the holder of the office, is taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and
(d)
a registry or other office of a court of Norfolk Island, and the staff of such a registry or other office when acting in a capacity as members of that staff, are taken to be a part of the court;
but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature.

6Act to apply to certain tribunals in respect of administrative matters

For the purposes of this Act:
(a)
each tribunal, authority or body specified in Schedule 1 is deemed to be a prescribed authority;
(b)
the holder of an office pertaining to a tribunal, authority or body specified in Schedule 1, being an office established by the legislation establishing the tribunal, authority or body so specified in his or her capacity as the holder of that office, is not to be taken to be a prescribed authority or to be included in a Department; and
(c)
a registry or other office of or under the charge of a tribunal, authority or body specified in Schedule 1, and the staff of such a registry or other office when acting in a capacity as members of that staff, shall be taken as a part of the tribunal, authority or body so specified as a prescribed authority;
but this Act does not apply to any request for access to a document of a tribunal, authority or body so specified unless the document relates to matters of an administrative nature.

6AOfficial Secretary to the Governor‑General

(1)
This Act does not apply to any request for access to a document of the Official Secretary to the Governor‑General unless the document relates to matters of an administrative nature.
(2)
For the purposes of this Act, a document in the possession of a person employed under section 13 of the Governor‑General Act 1974 that is in his or her possession by reason of his or her employment under that section shall be taken to be in the possession of the Official Secretary to the Governor‑General.

6CRequirement for Commonwealth contracts

(1)
This section applies to an agency if a service is, or is to be, provided under a Commonwealth contract in connection with the performance of the functions or the exercise of the powers of the agency.
(2)
The agency must take contractual measures to ensure that the agency receives a document if:
(a)
the document is created by, or is in the possession of:
(i)
a contracted service provider for the Commonwealth contract; or
(ii)
a subcontractor for the Commonwealth contract; and
(b)
the document relates to the performance of the Commonwealth contract (and not to the entry into that contract); and
(c)
the agency receives a request for access to the document.

7Exemption of certain persons and bodies

(1)
The bodies specified in Division 1 of Part I of Schedule 2, and a person holding and performing the duties of an office specified in that Division, are to be deemed not to be prescribed authorities for the purposes of this Act.
(1A)
For the purposes of the definition of agency, a part of the Department of Defence specified in Division 2 of Part I of Schedule 2:
(a)
is taken not to be included in the Department of Defence (or in any other Department) for the purposes of this Act; and
(b)
to avoid doubt, is not an agency in its own right for the purposes of this Act.
(2)
The persons, bodies and Departments specified in Part II of Schedule 2 are exempt from the operation of this Act in relation to the documents referred to in that Schedule in relation to them.
(2AA)
A body corporate established by or under an Act specified in Part III of Schedule 2 is exempt from the operation of this Act in relation to documents in respect of the commercial activities of the body corporate.
(2AAA)
The following bodies are taken not to be prescribed authorities for the purposes of this Act:
(a)
the Parliamentary Workplace Support Service;
(b)
the Parliamentary Workplace Support Service Advisory Board;
(c)
the Parliamentary Workplace Support Service Consultative Committee;
(d)
the Independent Parliamentary Standards Commission.
(2AB)
A body or person may be prescribed by the regulations for the purposes of this subsection if:
(a)
the body or person would, if not so prescribed, be a Norfolk Island authority; and
(b)
the Minister is satisfied that the body or person is subject to a law that provides equivalent, or substantially similar, requirements relating to freedom of information as are provided by this Act.
(2A)
An agency is exempt from the operation of this Act in relation to the following documents:
(a)
a document (an intelligence agency document) that has originated with, or has been received from, any of the following:
(i)
the Australian Secret Intelligence Service;
(ii)
the Australian Security Intelligence Organisation;
(iii)
the Inspector‑General of Intelligence and Security;
(iv)
the Office of National Intelligence;
(v)
the Australian Geospatial‑Intelligence Organisation (other than a document that has originated with, or has been received from, the Australian Hydrographic Office in the performance of its functions under subsection 223(2) of the Navigation Act 2012);
(vi)
the Defence Intelligence Organisation;
(vii)
the Australian Signals Directorate
(b)
a document that contains a summary of, or an extract or information from, an intelligence agency document, to the extent that it contains such a summary, extract or information.
Note: The Australian Hydrographic Office is part of the Australian Geospatial‑Intelligence Organisation (see subsection 6B(3) of the Intelligence Services Act 2001).
(2B)
A Minister is exempt from the operation of this Act in relation to the following documents:
(a)
an intelligence agency document;
(b)
a document that contains a summary of, or an extract or information from, an intelligence agency document, to the extent that it contains such a summary, extract or information.
(2C)
An agency is exempt from the operation of this Act in relation to the following documents:
(a)
a document (a defence intelligence document) that has originated with, or has been received from, the Department of Defence and that is in respect of:
(i)
the collection, reporting or analysis of operational intelligence; or
(ii)
special access programs, under which a foreign government provides restricted access to technologies;
(b)
a document that contains a summary of, or an extract or information from, a defence intelligence document, to the extent that it contains such a summary, extract or information.
(2D)
A Minister is exempt from the operation of this Act in relation to the following documents:
(a)
a defence intelligence document;
(b)
a document that contains a summary of, or an extract or information from, a defence intelligence document, to the extent that it contains such a summary, extract or information.
(2DA)
A Minister and an agency are exempt from the operation of this Act in relation to the following documents (regardless of when the documents were brought into existence):
(a)
a document given to, or received by, the Independent Review, or a person performing functions in relation to the Review, for the purposes of the Review;
(b)
a document brought into existence by the Independent Review or a person performing functions in relation to the Review.
(2DB)
A Minister and an agency other than the Australian Human Rights Commission are not exempt under paragraph (2DA)(a) from the operation of this Act in relation to documents created for purposes other than the Independent Review to which a right of access otherwise exists or existed under the Act.
(2DC)
A Minister and an agency are exempt from the operation of this Act in relation to the following documents (regardless of when the documents were brought into existence):
(a)
a document given to, or received by, a body listed in subsection (2AAA) in connection with the performance of the body’s functions;
(b)
a document brought into existence by a body listed in subsection (2AAA).
(2DD)
A Minister and an agency are not exempt under paragraph (2DC)(a) from the operation of this Act in relation to documents created other than in connection with the performance of the functions of a body listed in subsection (2AAA) to which a right of access otherwise exists or existed under this Act.

(2E)
A Minister and an agency are exempt from the operation of this Act in relation to the following documents:
(a)
a document that has originated with, or has been received from, a Royal Commission to which Part 4 of the Royal Commissions Act 1902 applies and:
(i)
that contains information obtained at a private session for the Commission; or
(ii)
that relates to a private session for the Commission and identifies a natural person who appeared at a private session for the Commission; or
(iii)
that contains information that was given by a natural person to a member, or member of the staff, of the Commission for the purposes of a private session (whether or not a private session was, or is to be, held for the Commission) and identifies the person who gave the information; or
(iv)
that contains information to which section 6ON of that Act (which deals with certain information given to the Child Sexual Abuse Royal Commission) applies; or
(v)
that contains information to which section 6OP of that Act (which deals with certain information given to the Disability Royal Commission) applies; or

(vi)
that contains information to which section 6OQ of that Act (which deals with certain information given to the Defence and Veteran Suicide Royal Commission) applies;
(b)
a document that contains a summary of, or an extract or information from, a private session.
(2F) An agency that is a data scheme entity within the meaning of the Data Availability and Transparency Act 2022 is exempt from the operation of this Act in relation to a document that contains scheme data within the meaning of that Act, to the extent the document contains such data.
(2G)
A Minister and an agency are exempt from the operation of this Act in relation to the following documents:
(a)
a document (an AUSTRAC intelligence document) that has originated with, or has been received from, the Australian Transaction Reports and Analysis Centre (AUSTRAC) and that concerns information that was communicated to AUSTRAC:
(i)
under section 16 of the repealed Financial Transaction Reports Act 1988; or
(ii)
under section 41 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; or
(iii)
in response to a notice given under section 49, 49B or 49C of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006;
(b)
a document that contains a summary of, or an extract or information from, an AUSTRAC intelligence document, to the extent that it contains such a summary, extract or information.
(2H)
A Minister and an agency are exempt from the operation of this Act in relation to a document given to, or received by, the National Cyber Security Coordinator, for the purposes of the performance of a function, or the exercise of a power, under Part 4 of the Cyber Security Act 2024.
(3)
In subsection (2AA) and Part II of Schedule 2, commercial activities (except when used in relation to NBN Co) means:
(a)
activities carried on by an agency on a commercial basis in competition with persons other than governments or authorities of governments; or
(b)
activities, carried on by an agency, that may reasonably be expected in the foreseeable future to be carried on by the agency on a commercial basis in competition with persons other than governments or authorities of governments.
(3A)
In Part II of Schedule 2, commercial activities, when used in relation to NBN Co, means:
(a)
activities carried on by NBN Co on a commercial basis; or
(b)
activities, carried on by NBN Co, that may reasonably be expected in the foreseeable future to be carried on by NBN Co on a commercial basis.
(4)
In subsection (2AA) and Part II of Schedule 2, a reference to documents in respect of particular activities shall be read as a reference to documents received or brought into existence in the course of, or for the purposes of, the carrying on of those activities.
(5)
An expression used in subsection (2E) that is also used in Part 4 of the Royal Commissions Act 1902 has the same meaning as in that Part.

Part IIInformation publication schemeDivision 1Guide to this Part7AInformation publication scheme – guide

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.

Division 2Information to be published8Information to be published – what information?

Agency plans
(1)
An agency must prepare a plan showing the following:
(a)
what information the agency proposes to publish for the purposes of this Part;
(b)
how, and to whom, the agency proposes to publish information for the purposes of this Part;
(c)
how the agency otherwise proposes to comply with this Part.
Information that must be published
(2)
The agency must publish the following information:
(a)
the plan prepared under subsection (1);
(b)
details of the structure of the agency’s organisation (for example, in the form of an organisation chart);
(c)
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);
(d)
details of the following appointments:
(i)
appointments of officers of the agency that are made under Acts (other than APS employees within the meaning of the Public Service Act 1999);
(ii)
appointments of officers of the agency that are made under Norfolk Island laws (other than appointments of officers providing services at a level equivalent to those provided by APS employees);
(e)
the information in annual reports prepared by the agency that are laid before the Parliament;
(f)
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;
(g)
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:
(i)
personal information about any individual, if it would be unreasonable to publish the information;
(ii)
information about the business, commercial, financial or professional affairs of any person, if it would be unreasonable to publish the information;
(iii)
other information of a kind determined by the Information Commissioner under subsection (3), if it would be unreasonable to publish the information;
(h)
information held by the agency that is routinely provided to the Parliament in response to requests and orders from the Parliament;
(i)
contact details for an officer (or officers) who can be contacted about access to the agency’s information or documents under this Act;
(j)
the agency’s operational information (see section 8A).
Note: 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).
(3)
The Information Commissioner may, by legislative instrument, make a determination for the purposes of subparagraph (2)(g)(iii).
Other information
(4)
The agency may publish other information held by the agency.
Functions and powers
(5)
This section applies to a function or power of an agency whether or not the agency has the function or power under an enactment or a Norfolk Island law.
Note 1: See section 8C for restrictions on the requirement to publish this information.
Note 2: 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).

8AInformation to be published – what is operational information?

(1)
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).
Example: The agency’s rules, guidelines, practices and precedents relating to those decisions and recommendations.
(2)
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.

8BInformation to be published – accuracy etc.

An agency must ensure that information published by the agency as required or permitted by this Part is accurate, up‑to‑date and complete.

8CInformation to be published – restrictions

Exempt documents
(1)
An agency is not required under this Part to publish exempt matter.
Publication prohibited or restricted by other legislation
(2)
If an enactment, or a Norfolk Island law, 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 or law.

Operation of restrictions
(3)
This section applies despite section 8.

8DInformation to be published – how (and to whom) information is to be published

Scope
(1)
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
(2)
The agency must publish the information:
(a)
to members of the public generally; and
(b)
if the agency considers that it is appropriate to do so—to particular classes of persons or entities.
(3)
The agency must publish the information on a website by:
(a)
making the information available for downloading from the website; or
(b)
publishing on the website a link to another website, from which the information can be downloaded; or
(c)
publishing on the website other details of how the information may be obtained.
Charges
(4)
The agency may impose a charge on a person for accessing the information only if:
(a)
the person does not directly access the information by downloading it from the website (or another website); and
(b)
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.
(5)
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).

8EInformation to be published – Information Commissioner to assist agencies

The Information Commissioner may provide appropriate assistance to an agency in:
(a)
identifying and preparing information which is required or permitted to be published under this Part; and
(b)
determining how (and to whom) the information is required or permitted to be published under section 8D.

Division 3Review of information publication scheme8FReview of scheme – Information Commissioner functions

The Information Commissioner has the following functions (as conferred by this Act and the Australian Information Commissioner Act 2010, but without limiting any provision of either Act):
(a)
reviewing the operation in each agency of the information publication scheme established by this Part, in conjunction with the agency;
(b)
investigating an agency’s compliance with this Part under Division 2 of Part VIIB (Information Commissioner investigations);
(c)
otherwise monitoring, investigating and reporting on the operation of the scheme.

9Review of scheme – by agencies

(1)
An agency must, in conjunction with the Information Commissioner, complete a review of the operation, in the agency, of the information publication scheme established by this Part:
(a)
as appropriate from time to time; and
(b)
in any case—within 5 years after the last time a review under this section was completed.
(2)
The first review under subsection (1) must be completed within 5 years after the day this section commences.
Note 1: This section commences on the day after the end of the period of 6 months beginning on the day on which the Australian Information Commissioner Act 2010 commences.
Note 2: 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).

Division 4Guidelines9AFunctions and powers under this Part

In performing a function, or exercising a power, under this Part, an agency must have regard to:
(a)
the objects of this Act (including all the matters set out in sections 3 and 3A); and
(b)
guidelines issued by the Information Commissioner for the purposes of this paragraph under section 93A.

Division 5Miscellaneous10Unpublished operational information

Scope
(1)
This section applies if:
(a)
part (or all) of an agency’s operational information (the unpublished information), in relation to a function or power of the agency, is not published by the agency in accordance with this Part; and
(b)
a person engages in conduct relevant to the performance of the function or the exercise of the power; and
(c)
at the time of engaging in that conduct:
(i)
the person was not aware of the unpublished information; and
(ii)
the agency had been in existence for more than 12 months.
Note: An agency’s operational information is required to be published by the agency (see sections 8 and 8A).
No prejudice from lack of awareness of unpublished information
(2)
The person must not be subjected to any prejudice only because of the application to that conduct of any rule, guideline or practice in the unpublished information, if the person could lawfully have avoided that prejudice had he or she been aware of the unpublished information.

10AWho performs functions etc. given to agencies

(1)
A function or power given to an agency under this Part may be performed or exercised, on behalf of the agency, by:
(a)
the principal officer of the agency; or
(b)
an officer of the agency acting within the scope of his or her authority in accordance with arrangements approved by the principal officer of the agency.
(2)
The performance or exercise of a function or power under paragraph (1)(b) is subject to the regulations.

10BTransitional – Norfolk Island authorities

This Part does not apply to a Norfolk Island authority at any time during the 2‑year period beginning at the commencement of this section.

Part IIIAccess to documents11Right of access

(1)
Subject to this Act, every person has a legally enforceable right to obtain access in accordance with this Act to:
(a)
a document of an agency, other than an exempt document; or
(b)
an official document of a Minister, other than an exempt document.
(2)
Subject to this Act, a person’s right of access is not affected by:
(a)
any reasons the person gives for seeking access; or
(b)
the agency’s or Minister’s belief as to what are his or her reasons for seeking access.

11AAccess to documents on request

Scope
(1)
This section applies if:
(a)
a request is made by a person, in accordance with subsection 15(2), to an agency or Minister for access to:
(i)
a document of the agency; or
(ii)
an official document of the Minister; and
(b)
any charge that, under the regulations, is required to be paid before access is given has been paid.
(2)
This section applies subject to this Act.
Note: Other provisions of this Act are relevant to decisions about access to documents, for example the following:
(a) section 12 (documents otherwise available);
(b) section 13 (documents in national institutions);
(c) section 15A (personnel records);
(d) section 22 (access to edited copies with exempt or irrelevant matter deleted).
Mandatory access—general rule
(3)
The agency or Minister must give the person access to the document in accordance with this Act, subject to this section.
Exemptions and conditional exemptions
(4)
The agency or Minister is not required by this Act to give the person access to the document at a particular time if, at that time, the document is an exempt document.
Note: Access may be given to an exempt document apart from under this Act, whether or not in response to a request (see section 3A (objects—information or documents otherwise accessible)).
(5)
The agency or Minister must give the person access to the document if it is conditionally exempt at a particular time unless (in the circumstances) access to the document at that time would, on balance, be contrary to the public interest.
Note 1: Division 3 of Part IV provides for when a document is conditionally exempt.
Note 2: A conditionally exempt document is an exempt document if access to the document would, on balance, be contrary to the public interest (see section 31B (exempt documents for the purposes of Part IV)).
Note 3: Section 11B deals with when it is contrary to the public interest to give a person access to the document.
(6)
Despite subsection (5), the agency or Minister is not required to give access to the document at a particular time if, at that time, the document is both:
(a)
a conditionally exempt document; and
(b)
an exempt document:
(i)
under Division 2 of Part IV (exemptions); or
(ii)
within the meaning of paragraph (b) or (c) of the definition of exempt document in subsection 4(1).

11BPublic interest exemptions – factors

Scope
(1)
This section applies for the purposes of working out whether access to a conditionally exempt document would, on balance, be contrary to the public interest under subsection 11A(5).
(2)
This section does not limit subsection 11A(5).
Factors favouring access
(3)
Factors favouring access to the document in the public interest include whether access to the document would do any of the following:
(a)
promote the objects of this Act (including all the matters set out in sections 3 and 3A);
(b)
inform debate on a matter of public importance;
(c)
promote effective oversight of public expenditure;
(d)
allow a person to access his or her own personal information.
Irrelevant factors
(4)
The following factors must not be taken into account in deciding whether access to the document would, on balance, be contrary to the public interest:
(a)
access to the document could result in embarrassment to the Commonwealth Government, or cause a loss of confidence in the Commonwealth Government;
(b)
access to the document could result in any person misinterpreting or misunderstanding the document;
(c)
the author of the document was (or is) of high seniority in the agency to which the request for access to the document was made;
(d)
access to the document could result in confusion or unnecessary debate.
Guidelines
(5)
In working out whether access to the document would, on balance, be contrary to the public interest, an agency or Minister must have regard to any guidelines issued by the Information Commissioner for the purposes of this subsection under section 93A.

11CPublication of information in accessed documents

Scope
(1)
This section applies to information if an agency or Minister gives a person access to a document under section 11A containing the information, except in the case of any of the following:
(a)
personal information about any person, if it would be unreasonable to publish the information;
(b)
information about the business, commercial, financial or professional affairs of any person, if it would be unreasonable to publish the information;
(c)
other information of a kind determined by the Information Commissioner under subsection (2), if it would be unreasonable to publish the information;
(d)
any information, if it is not reasonably practicable to publish the information under this section because of the extent of any modifications to a document (or documents) necessary to delete information mentioned in paragraphs (a) to (c).
(2)
The Information Commissioner may, by legislative instrument, make a determination for the purposes of paragraph (1)(c).
Publication

(3)
The agency, or the Minister, must publish the information to members of the public generally on a website by:
(a)
making the information available for downloading from the website; or
(b)
publishing on the website a link to another website, from which the information can be downloaded; or
(c)
publishing on the website other details of how the information may be obtained.
(4)
The agency may impose a charge on a person for accessing the information only if:
(a)
the person does not directly access the information by downloading it from the website (or another website); and
(b)
the charge is to reimburse the agency for a specific reproduction cost, or other specific incidental costs, incurred in giving the person access to that particular information.
(5)
If there is a charge for accessing the information, the agency or Minister must publish details of the charge in the same way as the information is published under this section.
Time limit for publication
(6)
The agency or Minister must comply with this section within 10 working days after the day the person is given access to the document.
(7)
In this section:
working day means a day that is not:
(a)
a Saturday; or
(b)
a Sunday; or
(c)
a public holiday in the place where the function of publishing the information under this section is to be performed.

12Part not to apply to certain documents

(1)
A person is not entitled to obtain access under this Part to:
(a)
a document, or a copy of a document, which is, under the Archives Act 1983, within the open access period within the meaning of that Act unless the document contains personal information (including personal information about a deceased person); or
(b)
a document that is open to public access, as part of a public register or otherwise, in accordance with an enactment or a Norfolk Island law, where that access is subject to a fee or other charge; or
(ba)
a document that is open to public access, as part of a land title register, in accordance with a law of a State or Territory where that access is subject to a fee or other charge; or
(c)
a document that is available for purchase by the public in accordance with arrangements made by an agency.
(2)
A person is not entitled to obtain access under this Part to a document or a part of a document that became a document of a Norfolk Island agency more than 5 years before the commencement of this subsection unless:
(c)
the document, or that part of the document, contains information that is:
(i)
personal information about that person; or
(ii)
information relating to that person’s business, commercial or financial affairs; or
(d)
the document, or that part of the document, is a document or a part of a document access to which is reasonably necessary to enable a proper understanding of a document of a Norfolk Island agency to which that person has lawfully had access.

13Documents in certain institutions

(1)
A document shall not be deemed to be a document of an agency for the purposes of this Act by reason of its being:
(a)
in the memorial collection within the meaning of the Australian War Memorial Act 1980; or
(b)
in the collection of library material maintained by the National Library of Australia; or
(c)
material included in the historical material in the possession of the Museum of Australia; or
(d)
in the care (within the meaning of the Archives Act 1983) of the National Archives of Australia (otherwise than as a document relating to the administration of the National Archives of Australia); or
(e)
a program or related material (within the meaning of the National Film and Sound Archive of Australia Act 2008) in the collection of the National Film and Sound Archive of Australia;
if the document was placed in that collection, or in that custody, by or on behalf of a person (including a Minister or former Minister) other than an agency.
(2)
For the purposes of this Act, a document that has been transferred to the care (within the meaning of the Archives Act 1983) of the National Archives of Australia, or otherwise placed in a collection referred to in subsection (1), by an agency shall be deemed to be in the possession of that agency or, if that agency no longer exists, the agency to the functions of which the document is most closely related.
(3)
Despite subsections (1) and (2):
(a)
records of a Royal Commission that are in the care (within the meaning of the Archives Act 1983) of the National Archives of Australia are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Department administered by the Minister administering the Royal Commissions Act 1902; and
(b)
records of the Commission of inquiry (within the meaning of the Quarantine Act 1908, as in force immediately before its repeal) that are in the custody of the Australian Archives are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Agriculture Department (within the meaning of the Biosecurity Act 2015); and
(c)
records of a Commission of inquiry (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006) that are in the custody of the Australian Archives are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Department administered by the Minister administering the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(4)
Nothing in this Act affects the provision of access to documents by the National Archives of Australia in accordance with the Archives Act 1983.

15Requests for access

Persons may request access
(1)
Subject to section 15A, a person who wishes to obtain access to a document of an agency or an official document of a Minister may request access to the document.
Requirements for request
(2)
The request must:
(a)
be in writing; and
(aa)
state that the request is an application for the purposes of this Act; and
(b)
provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency, or the Minister, to identify it; and
(c)
give details of how notices under this Act may be sent to the applicant (for example, by providing an electronic address to which notices may be sent by electronic communication).
(2A)
The request must be sent to the agency or Minister. The request may be sent in any of the following ways:
(a)
delivery to an officer of the agency, or a member of the staff of the Minister, at the address of any central or regional office of the agency or Minister specified in a current telephone directory;
(b)
postage by pre‑paid post to an address mentioned in paragraph (a);
(c)
sending by electronic communication to an electronic address specified by the agency or Minister.
Agency required to assist
(3)
Where a person:
(a)
wishes to make a request to an agency; or
(b)
has made to an agency a request that does not comply with this section;
it is the duty of the agency to take reasonable steps to assist the person to make the request in a manner that complies with this section.
Note: An agency or Minister may refuse to deal with a request if satisfied that a practical refusal reason exists, after undertaking the request consultation process (see section 24).
(4)
Where a person has directed to an agency a request that should have been directed to another agency or to a Minister, it is the duty of the first‑mentioned agency to take reasonable steps to assist the person to direct the request to the appropriate agency or Minister.
Timeframes for dealing with request
(5)
On receiving a request, the agency or Minister must:
(a)
as soon as practicable but in any case not later than 14 days after the day on which the request is received by or on behalf of the agency or Minister, take all reasonable steps to enable the applicant to be notified that the request has been received; and
(b)
as soon as practicable but in any case not later than the end of the period of 30 days after the day on which the request is received by or on behalf of the agency or Minister, take all reasonable steps to enable the applicant to be notified of a decision on the request (including a decision under section 21 to defer the provision of access to a document).
(5A)
In making a decision on a request, the agency or Minister must have regard to any guidelines issued by the Information Commissioner for the purposes of section 93A.
Extension of processing period to comply with requirements of section 26A, 27 or 27A
(6)
Where, in relation to a request, the agency or Minister determines in writing that the requirements of section 26A, 27 or 27A make it appropriate to extend the period referred to in paragraph (5)(b):
(a)
the period is extended by a further period of 30 days; and
(b)
the agency or Minister must, as soon as practicable, inform the applicant that the period has been so extended.
Extension of processing period to consult foreign entity
(7)
Subsection (8) applies if, in relation to a request, the agency or Minister determines in writing that it is appropriate to extend the period referred to in paragraph (5)(b) so that the agency or Minister can:
(a)
consult one of the following:
(i)
a foreign government;
(ii)
an authority of a foreign government;
(iii)
an international organisation; and
(b)
determine whether the document that is the subject of the request is an exempt document under subparagraph 33(a)(iii) or paragraph 33(b).
(8)
If this subsection applies:
(a)
the period referred to in paragraph (5)(b) is extended by a period of 30 days; and
(b)
the agency or Minister must, as soon as practicable, inform the applicant that the period has been extended.

15AAExtension of time with agreement

An agency or Minister may extend the period referred to in paragraph 15(5)(b) for dealing with a request, or that period as extended under subsection 15(6) or (8) (consultation), by a further period of no more than 30 days if:
(a)
the applicant agrees in writing to the extension; and
(b)
the agency or Minister gives written notice of the extension to the Information Commissioner as soon as practicable after the agreement is made.

15ABExtension of time for complex or voluminous requests

(1)
An agency or Minister may apply to the Information Commissioner for an extension of the period referred to in paragraph 15(5)(b) for dealing with a request if the agency or Minister considers that the period is insufficient to deal adequately with a request because the request is complex or voluminous.
(2)
If the Information Commissioner is satisfied that the application is justified, the Information Commissioner may, by written instrument, extend the period by a further period of 30 days, or such other period as the Information Commissioner considers appropriate.
Note: For variation and revocation of the instrument, see subsection 33(3) of the Acts Interpretation Act 1901.
(3)
The Information Commissioner must, as soon as practicable, inform the following persons of the period for which the extension has been given:
(a)
the applicant;
(b)
the agency or Minister.

15ACDecision not made on request within time – deemed refusal

Scope
(1)
This section applies if:
(a)
a request has been made to an agency or Minister; and
(b)
the period (the initial decision period) covered by subsection (2) has ended since the day the request was received by, or on behalf of, the agency or Minister; and
(c)
notice of a decision on the request has not been received by the applicant.
(2)
The initial decision period covered by this subsection is the period of 30 days mentioned in paragraph 15(5)(b) (or that period as extended, otherwise than under this section).
Deemed refusal
(3)
Subject to this section:
(a)
the principal officer of the agency or the Minister is taken to have made a decision personally refusing to give access to the document on the last day of the initial decision period; and
(b)
notice of the decision is taken to have been given under section 26 to the applicant on the same day.
Agency or Minister may apply for further time
(4)
However, the agency or Minister concerned may apply, in writing, to the Information Commissioner for further time to deal with the request.
(5)
The Information Commissioner may allow further time considered appropriate by the Information Commissioner for the agency or Minister to deal with the request.
(6)
If the Information Commissioner allows further time, the Information Commissioner may impose any condition that he or she considers appropriate.
(7)
Subsection (3) (deemed refusal) does not apply, and is taken never to have applied, if the agency or Minister:
(a)
makes a decision on the request within the further time allowed; and
(b)
complies with any condition imposed under subsection (6).
(8)
However, subsection (3) (deemed refusal) applies as if the initial decision period were extended by the time allowed by the Information Commissioner under subsection (5) if the agency or Minister:
(a)
does not make a decision on the request within the further time allowed; or
(b)
does not comply with any condition imposed under subsection (6).
No further time allowed
(9)
If subsection (8) (deemed refusal after allowance of further time) applies, the Information Commissioner does not have the power to allow further time under this section in relation to the decision taken to be made under subsection (3) in its operation as affected by subsection (8).

15ARequest for access to personnel records

(1)
In this section:
personnel records, in relation to an employee or former employee of an agency, means those documents containing personal information about him or her that are, or have been, kept by the agency for personnel management purposes.
(2)
Where:
(a)
there are established procedures in an agency (apart from those provided for by this Act) in accordance with which a request may be made by an employee of the agency for access to his or her personnel records; and
(b)
a person who is or was an employee of the agency wishes to obtain access to his or her personnel records;
the person must not apply under section 15 for access to such records unless the person:
(c)
has made a request for access to the records in accordance with the procedures referred to in paragraph (a); and
(d)
either:
(i)
is not satisfied with the outcome of the request; or
(ii)
has not been notified of the outcome within 30 days after the request was made.

16Transfer of requests

(1)
Where a request is made to an agency for access to a document and:
(a)
the document is not in the possession of that agency but is, to the knowledge of that agency, in the possession of another agency; or
(b)
the subject‑matter of the document is more closely connected with the functions of another agency than with those of the agency to which the request is made;
the agency to which the request is made may, with the agreement of the other agency, transfer the request to the other agency.
(2)
Where a request is made to an agency for access to a document that:
(a)
originated with, or has been received from, a body which, or person who, is specified in Part I of Schedule 2; and
(b)
is more closely connected with the functions of that body or person than with those of the agency to which the request is made;
the request shall be transferred:
(c)
to the Department corresponding to the Department of State administered by the Minister who administers the enactment by or under which the body or person is established, continued in existence or appointed; or
(d)
if the request relates to a document that originated with, or has been received from, a part of the Department of Defence specified in Division 2 of Part I of Schedule 2—to that Department.
(3)
Where a request is made to an agency for access to a document that:
(a)
originated in, or has been received from, another agency, being an agency specified in Part II of Schedule 2 or an agency that is a body corporate established by or under an Act specified in Part III of Schedule 2; and
(b)
is more closely connected with the functions of the other agency in relation to documents in respect of which the other agency is exempt from the operation of this Act than with the functions of the agency to which the request is made;
the agency to which the request is made shall transfer the request to the other agency.
(3A)
Where:
(a)
a request is made to an agency for access to more than one document; and
(b)
one or more of those documents is a document to which subsection (1), (2) or (3) applies;
this section applies to each of those documents as if separate requests for access had been made to the agency in respect of each of those documents.
(4)
Where a request is transferred to an agency in accordance with this section, the agency making the transfer shall inform the person making the request accordingly and, if it is necessary to do so in order to enable the other agency to deal with the request, send the document to the other agency.
(5)
Where a request is transferred to an agency in accordance with this section, the request is to be taken to be a request:
(a)
made to the agency for access to the document that is the subject of the transfer; and
(b)
received by the agency at the time at which it was first received by an agency.
(6)
In this section, agency includes a Minister.

16ARequests transferred from the ACT

Where a request under the Freedom of Information Act 1989 of the Australian Capital Territory is transferred to an agency in accordance with section 33 of that Act, it becomes a request under this Act at the time at which it is received by the agency.

17Requests involving use of computers etc.

(1)
Where:
(a)
a request (including a request in relation to which a practical refusal reason exists) is made in accordance with the requirements of subsection 15(2) to an agency;
(b)
it appears from the request that the desire of the applicant is for information that is not available in discrete form in written documents of the agency; and
(ba)
it does not appear from the request that the applicant wishes to be provided with a computer tape or computer disk on which the information is recorded; and
(c)
the agency could produce a written document containing the information in discrete form by:
(i)
the use of a computer or other equipment that is ordinarily available to the agency for retrieving or collating stored information; or
(ii)
the making of a transcript from a sound recording held in the agency;
the agency shall deal with the request as if it were a request for access to a written document so produced and containing that information and, for that purpose, this Act applies as if the agency had such a document in its possession.
(2)
An agency is not required to comply with subsection (1) if compliance would substantially and unreasonably divert the resources of the agency from its other operations.

20Forms of access

(1)
Access to a document may be given to a person in one or more of the following forms:
(a)
a reasonable opportunity to inspect the document;
(b)
provision by the agency or Minister of a copy of the document;
(c)
in the case of a document that is an article or thing from which sounds or visual images are capable of being reproduced, the making of arrangements for the person to hear or view those sounds or visual images;
(d)
in the case of a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form, provision by the agency or Minister of a written transcript of the words recorded or contained in the document.
(2)
Subject to subsection (3) and to section 22, where the applicant has requested access in a particular form, access shall be given in that form.
(3)
If the giving of access in the form requested by the applicant:
(a)
would interfere unreasonably with the operations of the agency, or the performance by the Minister of his or her functions, as the case may be;
(b)
would be detrimental to the preservation of the document or, having regard to the physical nature of the document, would not be appropriate; or
(c)
would, but for this Act, involve an infringement of copyright (other than copyright owned by the Commonwealth, an agency or a State) subsisting in matter contained in the document, being matter that does not relate to the affairs of an agency or of a Department of State;

am. No. 81, 1983; No. 137, 1991; No. 43, 1996
rs. No. 51, 2010
s. 10A........................................	ad. No. 51, 2010
s. 10B........................................	ad. No. 139, 2010
Part III
s. 11...........................................	am. No. 137, 1991
s. 11A........................................	ad. No. 51, 2010
s 11B.........................................	ad No 51, 2010
am No 139, 2010; No 59, 2015
s. 11C........................................	ad. No. 51, 2010
s 12............................................	am No 81, 1983; No 137, 1991; No 165, 1992; No 43, 1996; No 99, 2009; No 51, 2010; No 139, 2010; No 59, 2015; No 154, 2020
s. 13...........................................	am. No. 81, 1983; No. 158, 2007; No. 113, 2008; No. 102, 2009; No. 51, 2010; No. 20, 2011; No 62, 2015
s. 14...........................................	rep. No. 51, 2010
am. No. 139, 2010
s 15............................................	am No. 111, 1986; No 137, 1991; No 51, 2010; No 139, 2010; No 59, 2015
s 15AA......................................	ad No 51, 2010
s 15AB.......................................	ad No 51, 2010
s 15AC.......................................	ad No 51, 2010
s. 15A........................................	ad. No. 137, 1991
s. 16...........................................	am. No. 81, 1983; No. 137, 1991; No. 165, 1992; No. 128, 2005
s 16A.........................................	ad No 13, 2017
s. 17...........................................	am. No. 111, 1986; No. 137, 1991; No. 51, 2010
s. 18...........................................	am. No. 111, 1986
rep. No. 51, 2010
s. 19...........................................	am. No. 81, 1983; No. 111, 1986; No. 119, 1988
rep. No. 137, 1991
s 20............................................	am No 43, 1996; No 139, 2010; No 59, 2015
s. 21...........................................	am. Nos. 51 and 139, 2010; No 59, 2015
s. 22...........................................	am. No. 137, 1991; No. 43, 1996
rs. No. 51, 2010
s. 23...........................................	am. No. 81, 1983; No. 43, 1996
s. 24...........................................	rs. No. 137, 1991; No. 51, 2010
s 24AA......................................	ad No 51, 2010
s 24AB.......................................	ad No 51, 2010
s. 24A........................................	ad. No. 137, 1991
rs. No. 51, 2010
s. 25...........................................	am. No. 81, 1983; No. 51, 2010; No. 177, 2012
s. 26...........................................	am. No. 81, 1983; No. 43, 1996; No. 51, 2010
s. 26A........................................	ad. No. 81, 1983
am. No. 137, 1991
rs. No. 51, 2010
am No 139, 2010; No 59, 2015
s 26AA......................................	ad No 139, 2010
am No 59, 2015
rep No 59, 2015
s. 27...........................................	am. No. 137, 1991
rs. No. 51, 2010
s. 27A........................................	ad. No. 119, 1988
am. No. 137, 1991; No. 84, 1994
rs. No. 51, 2010
s. 28...........................................	am. No. 43, 1996
rep. No. 51, 2010
s. 29...........................................	am. No. 111, 1986
rs. No. 137, 1991
am. No. 84, 1994; No. 51, 2010
s. 30...........................................	am. No. 111, 1986
rep. No. 137, 1991
s. 30A........................................	ad. No. 111, 1986
am. No. 137, 1991; No. 84, 1994
rep. No. 51, 2010
s. 31...........................................	am. No. 81, 1983; No. 137, 1991; No. 43, 1996
rs. No. 51, 2010
Part IV
Division 1
Division 1 heading......................	ad. No. 51, 2010
s 31A.........................................	ad No 51, 2010
s 31B.........................................	ad No 51, 2010
s. 32...........................................	am. No. 51, 2010 (as am. by No. 136, 2012)
Division 2
Division 2 heading......................	ad. No. 51, 2010
s. 33...........................................	am. No. 81, 1983; No. 137, 1991; No. 43, 1996; No. 99, 2009; No. 51, 2010
s. 33A........................................	ad. No. 81, 1983
am. No. 137, 1991; No. 43, 1996; No. 99, 2009
rep. No. 51, 2010
s. 34...........................................	am. No. 81, 1983; No. 137, 1991; No. 99, 2009
rs. No. 51, 2010
s. 35...........................................	am. No. 81, 1983; No. 137, 1991; No. 99, 2009
rep. No. 51, 2010
s. 36...........................................	am. No. 43, 1996; No. 99, 2009
rep. No. 51, 2010
s. 36A........................................	ad. No. 137, 1991
rep. No. 99, 2009
s. 37...........................................	am. No. 81, 1983; No. 137, 1991; No. 84, 1994
s 38............................................	am No 119, 1988; No 137, 1991; No 75, 2003; No 139, 2010; No 154, 2020; No 26, 2022
s 39............................................	rs No 81, 1983
rep No 51, 2010
s 40............................................	rs No 81, 1983
rep No 51, 2010
s. 41...........................................	am. No. 137, 1991
rep. No. 51, 2010
s. 42...........................................	am. No. 51, 2010
s. 43...........................................	am. No. 81, 1983; No. 137, 1991; No. 43, 1996
rep. No. 51, 2010
s. 43A........................................	ad. No. 137, 1991
rep. No. 51, 2010
s. 44...........................................	rep. No. 51, 2010
s 45............................................	am No 81, 1983; No 111, 1986; No 137, 1991; No 43, 1996; No 62, 2004; No 51, 2010; No 139, 2010; No 59, 2015
s. 45A........................................	ad. No. 177, 2012
s 46............................................	am No 59, 2015
s 47............................................	am No 81, 1983; No 143, 1992
rs No 51, 2010
am No 139, 2010; No 59, 2015
s. 47A........................................	ad. No. 219, 1992
am. No. 139, 2010; No 59, 2015
Division 3
Division 3..................................	ad. No. 51, 2010
s 47B.........................................	ad No 51, 2010
am No 139, 2010; No 59, 2015; No 154, 2020
ed C100
s 47C.........................................	ad No 51, 2010
am No 139, 2010; No 59, 2015
s 47D.........................................	ad No 51, 2010
am No 139, 2010; No 59, 2015
s 47E.........................................	ad No 51, 2010
am No 139, 2010; No 59, 2015
s. 47F.........................................	ad. No. 51, 2010
s 47G.........................................	ad No 51, 2010
am No 139, 2010; No 59, 2015
s. 47H........................................	ad. No. 51, 2010
s 47J..........................................	ad No 51, 2010
am No 139, 2010; No 46, 2011; No 59, 2015
Part V
Part V........................................	rs. No. 137, 1991
s. 48...........................................	am. No. 119, 1988
rs. No. 137, 1991
s. 49...........................................	am. No. 81, 1983
rs. No. 137, 1991
s. 50...........................................	rs. No. 137, 1991
s. 51...........................................	am. No. 81, 1983
rs. No. 137, 1991
s 51A.........................................	ad No 137, 1991
s 51B.........................................	ad No 137, 1991
s. 51C........................................	ad. No. 137, 1991
am. No. 165, 1992; No. 128, 2005
s. 51D........................................	ad. No. 137, 1991
s. 51DA.....................................	ad. No. 51, 2010
s. 51E........................................	ad. No. 137, 1991
Part VA......................................	ad. No. 81, 1983
rep. No. 137, 1991
Part VI
Part VI heading...........................	rs. No. 51, 2010
s. 52...........................................	rep. No. 137, 1991
ad. No. 51, 2010
ss. 52A–52F...............................	ad. No. 81, 1983
rep. No. 137, 1991
s. 53...........................................	am. No. 81, 1983
rs. No. 99, 2009
am. No. 51, 2010
s. 53A........................................	ad. No. 51, 2010
s 53B.........................................	ad No 51, 2010
am No 139, 2010; No 59, 2015
s 53C.........................................	ad No 51, 2010
am No 139, 2010; No 136, 2012; No 59, 2015
s. 54...........................................	am. No. 81, 1983; No. 111, 1986; No. 137, 1991; No. 84, 1994
rs. No. 51, 2010
ss. 54A–54E...............................	ad. No. 51, 2010
Part VII
Part VII......................................	rep. No. 81, 1983
ad. No. 51, 2010
Division 1
s. 54F.........................................	ad. No 51, 2010
am No 38, 2024
Division 2
s 54G.........................................	ad No 51, 2010
s 54H.........................................	ad No 51, 2010
s 54J..........................................	ad No 51, 2010
s 54K.........................................	ad No 51, 2010
Division 3
s 54L.........................................	ad No 51, 2010
s 54M........................................	ad No 51, 2010
Division 4
Subdivision A
s. 54N........................................	ad. No. 51, 2010
s 54P..........................................	ad No 51, 2010
am No 139, 2010; No 59, 2015
s 54Q.........................................	ad No 51, 2010
s 54R.........................................	ad No 51, 2010
Subdivision B
s 54S..........................................	ad No. 51, 2010
am No 139, 2010; No 59, 2015
s. 54T........................................	ad. No. 51, 2010
Division 5
s. 54U........................................	ad. No. 51, 2010
s. 54V........................................	ad. No. 51, 2010
s. 54W.......................................	ad. No. 51, 2010
s. 54X........................................	ad. No. 51, 2010
s 54Y.........................................	ad No 51, 2010
am No. 139, 2010; No 136, 2012; No 59, 2015
Division 6
s. 54Z........................................	ad. No. 51, 2010
s. 55...........................................	am. No. 81, 1983; No. 111, 1986; No. 137, 1991; No. 84, 1994; No. 43, 1996
rs. No. 51, 2010
ss. 55A–55D...............................	ad. No. 51, 2010
s. 55DA.....................................	ad. No. 51, 2010
s. 55E........................................	ad. No. 51, 2010
s. 55F.........................................	ad. No. 51, 2010
s 55G.........................................	ad No. 51, 2010
am No. 139, 2010; No 136, 2012; No 59, 2015
s. 55H........................................	ad. No. 51, 2010
s. 55J.........................................	ad. No. 51, 2010
Division 7
s 55K.........................................	ad No 51, 2010
s 55L.........................................	ad No 51, 2010
s 55M........................................	ad No 51, 2010
am No 139, 2010; No 154, 2020
s. 55N........................................	ad. No. 51, 2010
s 55P..........................................	ad No 51, 2010
s 55Q.........................................	ad No 51, 2010
Division 8
s. 55R........................................	ad. No. 51, 2010
s. 55S.........................................	ad. No. 51, 2010
s. 55T........................................	ad. No. 51, 2010
am. No. 177, 2012
s. 55U........................................	ad. No. 51, 2010
am. No. 177, 2012
s. 55V........................................	ad. No. 51, 2010
s. 55W.......................................	ad. No. 51, 2010
s. 55X........................................	ad. No. 51, 2010
s. 55Y........................................	ad. No. 51, 2010
s. 55Z........................................	ad. No. 51, 2010
Division 9
s 55ZA.......................................	ad No 51, 2010
rs No 53, 2023
s 55ZB.......................................	ad No 51, 2010
s 55ZC.......................................	ad No 51, 2010
s 55ZD.......................................	ad No 51, 2010
Division 10
s. 56...........................................	am. No. 81, 1983; No. 137, 1991; No. 143, 1992; No. 43, 1996
rs. No. 51, 2010
s. 56A........................................	ad. No. 51, 2010
Part VIIA
Part VIIA heading.......................	ad. No. 51, 2010
Division 1
Division 1 heading......................	ad. No. 51, 2010
s. 57...........................................	rep. No 81, 1983
ad No 137, 1991
rs No 51, 2010
am No 38, 2024
Division 2
Division 2 heading......................	ad No 51, 2010
s. 57A........................................	ad No 51, 2010
am No 38, 2024
Division 3
Division 3 heading......................	ad. No. 51, 2010
s. 58...........................................	am. No. 81, 1983; No. 143, 1992; No. 99, 2009; No. 51, 2010
s. 58A........................................	ad. No. 81, 1983
am. No. 137, 1991; No. 165, 1992; No. 43, 1996
rep. No. 99, 2009
ad. No. 51, 2010
s 58AA......................................	ad No 51, 2010
am No 139, 2010; No 154, 2020
Division 4
Division 4 heading......................	ad. No. 51, 2010
s. 58B........................................	ad. No 81, 1983
am. No 43, 1996; No 99, 2009; No 51, 2010; No 177, 2012; No 60, 2015
rep No 38, 2024
s. 58C........................................	ad. No. 81, 1983
am. No. 143, 1992; No. 43, 1996
rep. No. 99, 2009
s. 58D........................................	ad No 81, 1983
am No 38, 2005; No 51, 2010
rs No 60, 2015
rep No 38, 2024
s. 58E........................................	ad No 81, 1983
am No 43, 1996
rs No 99, 2009
am. No 177, 2012; No 60, 2015; No 38, 2024
s. 58F.........................................	ad. No. 81, 1983
am. No. 137, 1991; No. 84, 1994
rep. No. 51, 2010
s. 59...........................................	am. No. 137, 1991; No. 84, 1994; No. 99, 2009
rep. No. 51, 2010
s. 59A........................................	ad. No. 119, 1988
am. No. 137, 1991; No. 84, 1994; No. 99, 2009
rep. No. 51, 2010
s. 60...........................................	am No 81, 1983; No 99, 2009
rs No 51, 2010
am No 38, 2024
s 60AA......................................	ad No 51, 2010
am No 139, 2010; No 59, 2015; No 38, 2024
s. 60AB......................................	ad. No. 51, 2010
s 60A.........................................	ad No 99, 2009
am No 53, 2023
s 61............................................	am No 137, 1991
rs No 51, 2010
am No 139, 2010; No 59, 2015
s 61A.........................................	ad No 51, 2010
am No 60, 2015; No 132, 2015; No 38, 2024
ed C116
am No 14, 2025
s 62............................................	am No 81, 1983; No 38, 2024
ed C116
Division 5
Division 5 heading......................	ad. No. 51, 2010
s. 63...........................................	am. No 81, 1983; No 43, 1996; No 99, 2009; No 60, 2015; No 38, 2024
s 64............................................	am No 81, 1983; No 137, 1991; No 43, 1996; No 194, 1999; No 38, 2005; No 99, 2009; No 177, 2012; No 13, 2013; No 60, 2015; No 13, 2021; No 38, 2024
s. 65...........................................	am. No. 81, 1983
rep. No. 99, 2009
Division 6
Division 6 heading......................	ad. No. 51, 2010
s 66............................................	rs No 81, 1983
am No 43, 1996; No 51, 2010; No 139, 2010; No 59, 2015
Division 7
Division 7 heading......................	ad. No. 51, 2010
s 67............................................	rep No 81, 1983
ad No 99, 2009
am No 51, 2010; No 13, 2013; No 13, 2021; No 38, 2024
Part VIIB
Part VIIB...................................	ad. No. 51, 2010
Division 1
s. 68...........................................	rep. No. 81, 1983
ad. No. 51, 2010
Division 2
Subdivision A
s. 69...........................................	rep. No. 81, 1983
ad. No. 51, 2010
Subdivision B
s. 70...........................................	rep. No. 81, 1983
ad. No. 51, 2010
Subdivision C
ss. 71–73....................................	rep. No. 81, 1983
ad. No. 51, 2010
s 74............................................	rep No 81, 1983
ad No 51, 2010
am No 139, 2010; No 154, 2020
s. 75...........................................	rep. No. 81, 1983
ad. No. 51, 2010
Subdivision D
s 76............................................	rep No 81, 1983
ad No 51, 2010
s 77............................................	rep No 81, 1983
ad No 51, 2010
s 78............................................	rep No 81, 1983
ad No 51, 2010
am No 67, 2018
s 79............................................	rep No 81, 1983
ad No 51, 2010
s 80............................................	rep No 81, 1983
ad No 51, 2010
s 81............................................	rep No 81, 1983
ad No 51, 2010
s 82............................................	rep No 81, 1983
ad No 51, 2010
s 83............................................	rep No 81, 1983
ad No 51, 2010
s 84............................................	rep No 81, 1983
ad No 51, 2010
s 85............................................	rep No 81, 1983
ad No 51, 2010
Subdivision E
ss. 86–89....................................	rep. No. 81, 1983
ad. No. 51, 2010
ss. 89A–89C...............................	ad. No. 51, 2010
s 89D.........................................	ad No 51, 2010
am No 139, 2010; No 154, 2020
s. 89E........................................	ad. No. 51, 2010
Division 3
ss. 89F–89H...............................	ad. No. 51, 2010
s 89J..........................................	ad No 51, 2010
am No 139, 2010; No 154, 2020
Part VIII
Division 1
Division 1..................................	ad. No. 51, 2010
s 89K.........................................	ad No 51, 2010
s 89L.........................................	ad No 51, 2010
s 89M........................................	ad No 51, 2010
s 89N.........................................	ad No 51, 2010
am No 38, 2024
Division 2
Division 2 heading......................	ad. No. 51, 2010
s. 89P.........................................	ad. No. 51, 2010
s 90............................................	rep No 81, 1983
ad No 51, 2010
am No 139, 2010; No 59, 2015
s 91............................................	am No 81, 1983; No 137, 1991; No 84, 1994; No 51, 2010; No 139, 2010; No 59, 2015
s. 92...........................................	am. No. 81, 1983; No. 84, 1994
rs. No. 51, 2010
am No 139, 2010; No 4, 2016
s. 92A........................................	ad. No. 84, 1994
rep. No. 51, 2010
s. 93...........................................	am. No. 81, 1983; No. 111, 1986; No. 137, 1991; No. 43, 1996
rs. No. 51, 2010
am No 62, 2014
s 93A.........................................	ad No 51, 2010
s 93B.........................................	ad No 51, 2010
s. 94...........................................	am. No. 81, 1983; No. 111, 1986; No. 51, 2010
Schedule 1
Schedule 1..................................	am. No. 87, 1988; No. 62, 2004; SLI 2006 No. 50
Schedule 2
Schedule 2..................................	am No 7, 1983; No 187, 1985; No 102, 1986; No 111, 1986; No 6, 1988; No 121, 1988; No 126, 1988; No 127; 1988; No 129, 1988; No 66, 1989; No 150, 1989; No 26, 1990; No 75, 1990; No 118, 1990; No 99, 1991; No 137, 1991; No 149, 1991; No 180, 1991; No 165, 1992; No 64, 1994; No 84, 1994; No 161, 1995; No 67, 1997; No 96, 1997; No 7, 1999; No 146, 1999; No 161, 1999; No 108, 2000; No 163, 2000; No 30, 2001; No 127, 2002; No 114, 2003; No 62, 2004; No 45, 2005; No 111, 2005; No 118, 2005; No 128, 2005; No 129, 2005; No 50, 2006; No 170; 2006; No 27, 2007; No 124, 2007; No 66, 2008; No 8, 2010; No 51, 2010; No 148, 2010; No 23, 2011; No 32, 2011; No 170, 2011; No 136, 2013; No 146, 2013; No 108, 2014; No 117, 2014; No 25, 2015; No 64, 2015; No 31, 2016; No 3, 2017; No 38, 2017; No 51, 2017; No 122, 2017; No 25, 2018; No 66, 2018; No 77, 2021; No 115, 2021; No 53, 2023; No 81, 2023; No 60, 2024
Schedule 3
Schedule 3..................................	ad No 137, 1991
am No 118, 1992; No 181, 1994; No 174, 1995; No 114, 1997; No 118, 1999; No 161, 1999; No 176, 1999; No 170, 2000; No 153, 2001; No 19, 2003; No 28, 2003; No 75, 2003; No 148, 2003; No 62, 2004; No 40, 2006; No 73, 2006; No 101, 2006; No 150, 2006; No 8, 2007; No 32, 2007; No 56, 2007; No 145, 2010; No 129, 2015; No 139, 2015; No 66, 2016; No 46, 2018; No 102, 2018; No 150, 2018; No 69, 2019; No 11, 2020; No 78, 2021; No 26, 2022; No 90, 2023; No 103, 2023; No 9, 2024; No 24, 2024
ed C118
am No 109, 2024
ed C120
Schedule 4
Schedule 4..................................	ad. No. 137, 1991
am. No. 84, 1994; No. 51, 2010

Endnote 5Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Schedule 3

Kind of editorial change

Give effect to the misdescribed amendment as intended

Details of editorial change

Schedule 1 item 2 of the Aged Care (Consequential and Transitional Provisions) Act 2024 provides as follows:

2Schedule 3

Omit:

Aged Care Act 1997, subsection 86‑2(1) and sections 86‑5, 86‑6 and 86‑7.

Aged Care Quality and Safety Commission Act 2018, subsection 60(1) and section 62

The text in Schedule 3 does not exactly match the text to be omitted as outlined in Schedule 1 item 2 of the Aged Care (Consequential and Transitional Provisions) Act 2024.

This compilation was editorially changed to apply the amendment to Schedule 3 to give effect to the misdescribed amendment as intended.