Freedom of Information Act 1989 (repealed) (ACT)
Freedom of Information Act 1989 (repealed)
A1989-46
Republication No 22
Effective: 1 January 2018
Republication date: 1 January 2018
As repealed by A2016‑55 s 111 (1)
About this republication
The republished law
This is a republication of the Freedom of Information Act 1989 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 January 2018.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).
Freedom of Information Act 1989 (repealed)
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Object 2
3 Dictionary 3
3A Notes 3
4 Entities not necessarily prescribed authorities 3
4A Abolished agencies 4
5 Act to apply to certain tribunals in respect of administrative matters 5
5A Act to apply to courts in relation to administrative matters 6
6 Exemption of certain bodies 6
6A Exemption of lists of housing assistance properties 7
6B How Act applies to certain older records 7
Part 2 Publication of certain documents and information
7 Publication of information concerning functions and documents of agencies 10
8 Certain documents to be available for inspection and purchase 11
9 Unpublished documents not to prejudice public 14
Part 3 Access to documents
10 Right of access 15
11 Pt 3 not to apply to certain documents 15
12 Documents in Australian archives 16
13 Access to documents apart from Act 17
14 Requests for access 17
15 Transfer of requests 18
16 Requests involving use of computers etc 20
17 Access to documents to be given on request 21
18 Time within which requests to be decided 21
19 Forms of access 22
20 Deferment of access 23
21 Deletion of exempt matter 24
22 Decisions to be made by authorised persons 25
23 Requests may be refused in certain cases 26
24 Information as to existence of certain documents 28
25 Reasons and other particulars of decisions to be given 28
26 Procedure on request in respect of documents likely to affect relations between the Territory and the Commonwealth or a State 29
27 Procedure on request in respect of document relating to business affairs etc 31
27A Procedure on request in relation to document containing personal information 32
28 Persons to be notified of liability to pay charges 35
29 Charge may be remitted 35
30 Remission of application fees 37
31 Period under s 18 to be extended in certain cases 38
Part 4 Exempt documents
32 Exemptions do not limit each other 40
33 Documents exempt under Commonwealth Act 40
34 Documents affecting relations with Commonwealth and States 41
35 Executive documents 41
36 Internal working documents 42
37 Documents affecting enforcement of the law and protection of public safety 44
37A Documents affecting national security, defence or international relations 45
38 Documents to which secrecy provisions of enactments apply 47
39 Documents affecting financial or property interests of the Territory 47
40 Documents concerning certain operations of agencies 47
41 Documents affecting personal privacy 48
42 Documents subject to legal professional privilege 48
43 Documents relating to business affairs etc 49
44 Documents affecting economy 50
45 Documents containing material obtained in confidence 51
46 Documents disclosure of which would be contempt of Legislative Assembly or a court 52
47 Certain documents arising out of companies and securities legislation 52
47A Electoral rolls and related documents 53
Part 5 Amendment of personal records
48 Persons may make application for amendment of records 55
49 Form of request for amendment of records 55
50 Procedure upon request for amendment of records 56
51 Review of requests for amendments 57
52 Notation of records supplied before commencement of Act 59
Part 6 Role of ombudsman
53 Taking of action—pt 6 60
54 Complaints to ombudsman 60
55 Reports made by the ombudsman 61
56 Documents of agencies claimed to be exempt under certain provisions 62
57 Ombudsman may represent persons in proceedings before the ACAT 62
Part 7 Review of decisions
58 Certificates—acknowledgment about existence of documents not required 64
59 Internal review 64
60 Applications to ACAT 66
61 Application to ACAT where decision delayed 67
62 Powers of ACAT 69
63 Proceedings on exercise of certain powers 70
64 Constitution of ACAT for certain proceedings 72
65 Hearing of certain proceedings before the ACAT 73
66 Decisions by presidential member 75
67 Production to the ACAT of documents in relation to which a certificate has been issued 75
68 Review of certain decisions in respect of documents relating to the Commonwealth or a State 76
69 Review of certain decisions in respect of documents relating to business affairs etc 77
69A Review of certain decisions about documents relating to personal information 78
70 Parties 79
71 Onus 79
72Notice of reasons etc—application of ACT Civil and Administrative Tribunal Act, div 4A.2 etc 80
73 ACAT to ensure nondisclosure of certain matters 80
74 Production of exempt documents 81
75 Evidence of certificates 83
76 ACAT may make recommendation that costs be available in certain cases 83
Part 8 Miscellaneous
77 Protection against certain actions 85
78 Protection in respect of offences 86
79 Reports to Legislative Assembly 86
79A Service of documents 89
80 Determination of fees and charges 89
81 Approved forms 90
82 Regulation-making power 91
Dictionary92
Endnotes
1 About the endnotes 96
2 Abbreviation key 96
3 Legislation history 97
4 Amendment history 102
5 Earlier republications 109
Freedom of Information Act 1989 (repealed)
An Act to give members of the public rights of access to official documents of the Territory
Part 1Preliminary
Name of Act
This Act is the Freedom of Information Act 1989.
Object
(1)The object of this Act is to extend as far as possible the right of the Australian community and, in particular, the citizens of the Territory, to access to information in the possession of the Territory by—
(a)making available to the public information about the operations of agencies and, in particular, ensuring that rules and practices affecting members of the public in their dealings with agencies are readily available to persons affected by those rules and practices; and
(b)creating a general right of access to information in documentary form in the possession of Ministers and agencies, limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons in respect of whom information is collected and held by agencies.
(2)The provisions of this Act shall be interpreted so as to further the objects set out in subsection (1) and to ensure that discretions conferred by this Act are exercised as far as possible to facilitate and promote, promptly and at the lowest reasonable cost, the disclosure of information.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act.
Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3ANotes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Entities not necessarily prescribed authorities
(1)For this Act, an unincorporated body established under an enactment for the purpose of assisting, or exercising functions connected with, a prescribed authority is not taken to be a prescribed authority but is taken to be part of the prescribed authority.
Examples of bodies
A board, council and committee
Note 1Body includes any group of people joined together for a common purpose (see Legislation Act, dict, pt 1).
Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2)For this Act, a person is not taken to be a prescribed authority only because the person holds or performs the duties of any of the following offices:
(a)an office the duties of which the person performs as employment duties as an officer of an agency;
(b)an office of a member of a body;
(c)an office established by an enactment for a prescribed authority;
(d)an office prescribed by regulation.
4AAbolished agencies
(1)This section applies if an agency is abolished.
(2)If the abolished agency’s functions are acquired by another agency—
(a)any request made to the abolished agency is taken to have been made to the other agency; and
(b)any decision made by the abolished agency in relation to a request made to it is taken to have been made by the other agency.
(3)If the abolished agency’s functions are acquired by more than 1 other agency—
(a)any request made to the abolished agency is taken to have been made to whichever of the other agencies has acquired the functions of the abolished agency that are most clearly related to the subject matter of the request (the relevant acquiring agency); and
(b)any decision made by the abolished agency in relation to a request made to it is taken to have been made by the relevant acquiring agency.
(4)If the documents of the abolished agency are held by the Australian archives on behalf of the Territory—
(a)any request made to the abolished agency is taken to have been made to the agency that has functions that are most clearly related to the subject matter of the request (the relevant agency); and
(b)any decision made by the abolished agency in relation to a request made to it is taken to have been made by the relevant agency.
(5)If the agency to which a request is taken to have been made, or by which a decision on a request is taken to have been made, under subsection (2), (3) or (4) was not itself in existence when the request or decision was taken to have been made, then, for the purposes only of dealing with the request or decision under this Act, that agency is taken to have been in existence at that time.
Act to apply to certain tribunals in respect of administrative matters
The regulations may specify that—
(a)each tribunal, authority or body identified in the regulations is to be taken to be a prescribed authority; or
(b)the holder of an office pertaining to a tribunal, authority or body identified in the regulations, being an office established by the enactment establishing the tribunal, authority or body, is not, in his or her capacity as the holder of that office, to be taken to be a prescribed authority or to be included in an administrative unit; or
(c)a registry or other office of or under the charge of a tribunal, authority or body declared by the regulations to be a prescribed authority, and the staff of such a registry or other office when acting in a capacity as members of that staff, shall be taken to be part of the tribunal, authority or body;
but this Act does not apply to any request for access to a document of a tribunal, authority or body so identified unless the document relates to matters of an administrative nature.
5AAct to apply to courts in relation to administrative matters
(1)This Act does not apply to any request for access to a document of a court unless the document relates to matters of an administrative nature.
(2)In this section:
court includes a registry or other office of a court, and the staff of the registry or other office.
Exemption of certain bodies
(1)A territory-owned corporation or a subsidiary within the meaning of the Territory-owned Corporations Act 1990 is exempt from the operation of this Act in relation to documents in respect of its competitive commercial activities.
(2)An agency is exempt from the operation of this Act in respect of documents that are health records within the meaning of the Health Records (Privacy and Access) Act 1997 (the Health Records Act).
(3)The human rights commission is exempt from the operation of this Act in relation to documents created or received by the commission in relation to—
(a)a complaint made to the commission under the Health Records Act, section 18; or
(b)the exercise of a function under the Human Rights Commission Act 2005 in relation to a complaint mentioned in paragraph (a).
NoteExercise and function are defined in the Legislation Act, dict, pt 1.
(4)The regulations may specify that—
(a)bodies identified in the regulations, or persons holding and performing the duties of offices so identified, are not prescribed authorities for this Act; or
(b)agencies identified in the regulations are exempt from the operation of this Act in relation to the documents referred to in the regulations in relation to them.
6AExemption of lists of housing assistance properties
(1)This Act does not apply to a document that is, or a part of a document that contains, a list of housing assistance properties identified as housing assistance properties.
NoteFor the exemption of documents in the possession of the housing commissioner containing protected information within the meaning of the Housing Assistance Act 2007, pt 5, see that Act, s 29.
(2)In this section:
housing assistance property—see the Housing Assistance Act 2007, section 28 (2) (Meaning of protected information—pt 5).
6BHow Act applies to certain older records
(1)The disapplied provisions do not apply to a record of an agency if 20 years have elapsed since the record, or the original of which it is a copy, came into existence unless, before the end of the 20 years, the director makes a declaration (a section 28 declaration) under the Territory Records Act 2002, section 28 that the disapplied provisions apply.
(2)However, if the director makes the declaration, part 4 of this Act (other than an excepted provision) ceases to apply to the record at the end of 20 years after the making of the declaration.
(3)If—
(a)the disapplied provisions do not apply to a record of an agency because 20 years have elapsed since the record, or the original of which it is a copy, came into existence and the director did not make a section 28 declaration before the end of the 20 years; but
(b)the director makes a section 28 declaration in relation to the record after the end of the 20 years;
the disapplied provisions again apply to the record.
(4)However, if the director makes the declaration, part 4 of this Act (other than an excepted provision) does not again apply to the record.
(5)In this section:
agency—see the Territory Records Act 2002, section 7.
director—see the Territory Records Act 2002, dictionary.
disapplied provisions means part 3 (other than sections 24 and 26) and part 4.
excepted provisions means the following provisions:
(a)section 34 (1) (Documents affecting relations with Commonwealth and States);
(b)section 37 (Documents affecting enforcement of the law and protection of public safety);
(c)section 41 (Documents affecting personal privacy);
(d)section 42 (Documents subject to legal professional privilege);
(e)section 46 (Documents disclosure of which would be contempt of Legislative Assembly or a court).
record—see the Territory Records Act 2002, section 9.
Part 2Publication of certain documents and information
Publication of information concerning functions and documents of agencies
(1)The responsible Minister of an agency shall—
(a)cause to be published, as soon as practicable after the agency comes into existence but no later than 12 months after the agency came into existence—
(i)a statement setting out particulars of the organisation and functions of the agency, indicating, as far as practicable, the decision-making powers and other powers affecting members of the public that are involved in those functions; and
(ii)a statement setting out particulars of any arrangements that exist for bodies or persons outside the Executive or agencies to participate, either through consultative procedures, the making of representations or otherwise, in the formulation of policy by the agency, or in the administration by the agency of any enactment or scheme; and
(iii)a statement of the categories of documents that are maintained in the possession of the agency, being a statement that sets out, as separate categories of documents, categories of such documents (if any) as are referred to in section 11 (1) and categories of other documents (if any) as are customarily made available to the public, otherwise than under this Act, free of charge upon request; and
(iv)a statement of particulars of the facilities (if any) provided by the agency for enabling members of the public to obtain physical access to the documents of the agency; and
(v)a statement of any information that needs to be available to the public concerning particular procedures of the agency in relation to part 3, and particulars of the officer to whom, and the place at which, initial inquiries concerning access to documents may be directed; and
(b)during the year commencing on 1 January next following the publication, in respect of the agency, of the statement under paragraph (a) (i), (ii), (iii), (iv) or (v) that is the first statement published under that subparagraph, and during each succeeding year, cause to be published statements bringing up-to-date the information contained in the statement previously published under that subparagraph.
NoteIf a form is approved under s 81 (Approved forms) for a statement under this section, the form must be used.
(2)Nothing in this section requires the publication of information that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document.
Certain documents to be available for inspection and purchase
(1)This section applies, in respect of an agency, to documents that are provided by the agency for the use of, or are used by, the agency or its officers in making decisions or recommendations for the purposes of an enactment or scheme administered by the agency, with respect to rights, privileges or benefits, or to obligations, penalties or other detriments, to which persons are or may be entitled or subject, being—
(a)manuals or other documents containing interpretations, rules, guidelines, practices or precedents including precedents in the nature of letters of advice providing information to bodies or persons outside the Territory administration; or
(b)documents containing particulars of such a scheme, not being particulars contained in an enactment as published apart from this Act; or
(c)documents containing statements of the manner, or intended manner, of administration or enforcement of such an enactment or scheme; or
(d)documents describing the procedures to be followed in investigating breaches or evasions or possible breaches or evasions of such an enactment or of the law relating to such a scheme;
but not including documents that are available to the public as published otherwise than by an agency or as published by another agency.
(2)The principal officer of an agency shall—
(a)cause copies of all documents to which this section applies in respect of the agency that are in use from time to time to be made available for inspection and for purchase by members of the public; and
(b)cause to be prepared, and as soon as practicable after preparation to be made available, for inspection and for purchase by members of the public, a statement (which may take the form of an index) specifying the documents copies of which are, at the time of preparation of the statement, available in accordance with paragraph (a) and the place or places where copies may be inspected and may be purchased; and
(c)cause to be prepared, if possible within 3 months, and in any case not later than 12 months, after the preparation of the last preceding statement prepared in accordance with paragraph (b) or this paragraph, and as soon as practicable after the preparation to be made available, for inspection and for purchase by members of the public, a statement bringing up-to-date the information contained in that last preceding statement.
(3)The principal officer is not required to comply fully with subsection (2) (a) within the period of 12 months after the agency comes into existence, but shall, within that period, comply with that paragraph as far as is practicable.
(4)This section does not require a document of the kind referred to in subsection (1) containing exempt matter to be made available in accordance with subsection (2), but, if such a document is not so made available, the principal officer of the agency shall, if practicable, cause to be prepared a corresponding document, altered only to the extent necessary to exclude the exempt matter, and cause the document so prepared to be dealt with in accordance with subsection (2).
(5)A report of a responsible Minister under section 79 (2) in respect of a year shall include a statement concerning compliance by each agency for which that Minister has responsibility with the requirements of this section during that year.
(6)Where a person makes a request to inspect or to purchase a document of an agency concerning a particular enactment or scheme, being a document of a kind to which this section applies, the principal officer of the agency shall take all reasonable steps to ensure that the attention of that person is drawn to any document of the agency concerning that enactment or scheme that is relevant to the request and has become a document to which this section applies since the last occasion on which a statement in respect of documents of the agency was prepared and made available in accordance with subsection (2).
Unpublished documents not to prejudice public
(1)If a document required to be made available in accordance with section 8, being a document containing a rule, guideline or practice relating to a function of an agency was not made available as referred to in that section, before the time at which a person did, or omitted to do, any act or thing relevant to the exercise of that function in relation to the person (whether or not the time allowed for publication of a statement in respect of the document had expired before that time), the person, if he or she was not aware of that rule, guideline or practice at that time, shall not be subjected to any prejudice only because of the application of that rule, guideline or practice in relation to the thing done or omitted to be done by the person if he or she could lawfully have avoided that prejudice had he or she been aware of that rule, guideline or practice.
(2)The reference in subsection (1) to the time at which a person did, or omitted to do, any act or thing relevant to the exercise in relation to the person of a function of an agency does not include a reference to a time before the end of the period of 12 months after the day on which the agency came into existence.
Part 3Access to documents
Right of access
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.
Pt 3 not to apply to certain documents
(1)A person is not entitled to obtain access under this part to—
(a)a document that is open to public access, as part of a public register or otherwise, in accordance with another enactment, where that access is subject to a fee or other charge; or
(b)a document that is available for purchase by the public in accordance with arrangements made by an agency; or
(c)library material maintained for reference purposes.
(2)A person is not entitled to obtain access under this part to a notebook or similar document (the Cabinet notebook) containing notes of any discussion or deliberation taking place at a meeting of the Executive or of a committee of the Executive, made in the course of the discussion or deliberation by, or under the authority of, the Secretary to the Executive.
(3)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 Commonwealth agency or an official document of a Commonwealth Minister before 1 January 1977 unless—
(a)the document or that part of the document contains personal information about the person; or
(b)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 an agency or an official document of a Minister to which that person has lawfully had access.
(4)Regulations may be made modifying subsection (3) so as to enable a person to obtain access under this part to documents to which, but for the making of those regulations, the person would not be entitled to access because of that subsection.
(5)References in subsection (4) to subsection (3) include references to subsection (3) as previously modified under regulations made under subsection (4).
Documents in Australian archives
(1)For this Act, a document that has been placed in the custody of the Australian archives by an agency shall be taken 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.
(2)For this Act, a document that—
(a)becomes the property of the Territory by virtue of the A.C.T. Self-Government (Consequential Provisions) Act 1988 (Cwlth), section 5; and
(b)before the commencement of this Act, was placed in the custody of the Australian archives;
shall be taken to be in the possession of the agency to the functions of which the document is most closely related.
Access to documents apart from Act
Nothing in this Act is intended to prevent or discourage Ministers and agencies from publishing or giving access to documents (including exempt documents) otherwise than as required by this Act where they can properly do so or are required by law to do so.
Requests for access
(1)A person who wishes to obtain access to a document of an agency or an official document of a Minister may, by application in writing to the agency or Minister, request access to the document.
NoteA fee may be determined under s 80 (Determination of fees and charges) for this section.
(2)A request shall provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency, or the Minister, as the case may be, to identify the document.
(3)Where a person—
(a)wishes to make a request to an agency; or
(b)has made a request to an agency 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.
(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 firstmentioned agency to take reasonable steps to assist the person to direct the request to the appropriate agency or Minister.
(5)Where—
(a)a person requests access to a document under this section; and
(b)an application fee is determined under section 80 (Determination of fees and charges) for the request; and
(c)the request is not accompanied by the application fee, but is accompanied by an application for remission under section 30 (Remission of application fees) of the application fee;
the request for access is to be taken to be in accordance with this section unless and until the agency has taken all reasonable steps to notify the applicant that the fee is not to be remitted in full.
Transfer 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 to which, or a person to whom, regulations made for section 6 (4) (a) apply; 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 to the administrative unit responsible for the administration of the enactment by or under which the body or person is established, continued in existence or appointed.
(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 to which the regulations made for section 6 (4) (b) apply; 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.
(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, it shall be taken to be a request made to that agency and received at the time at which it was originally received.
(6)In this section:
agency includes a Minister.
Requests involving use of computers etc
(1)Where—
(a)a request (including a request of the kind described in section 23 (1)) is made in accordance with the requirements of section 14 (2) to an agency or to a Minister; and
(b)it appears from the request that the desire of the applicant is for information that is not available in discrete form in documents of the agency or in official documents of the Minister, as the case may be; and
(c)the agency or the Minister, as the case may be, 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 or ordinarily available in an office of the Minister, as the case may be, for retrieving or collating stored information; or
(ii)the making of a transcript from a sound recording held in the agency or in an office of the Minister, as the case may be;
the agency or the Minister, as the case may be, 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 or the Minister, as the case may be, were in possession of such a document.
(2)An agency or a Minister is not required to comply with subsection (1) if compliance would substantially and unreasonably divert the resources of the agency, or of an office of the Minister, as the case may be, from its other operations.
Access to documents to be given on request
(1)If a request is made under section 14 (2) by a person to an agency or Minister for access to a document of the agency or an official document of the Minister, the person must be given access to the document under this Act.
NoteA fee may be determined under s 80 (Determination of fees and charges) for this section.
(2)An agency or Minister is not required by this Act to give access to a document at a time when the document is an exempt document.
Time within which requests to be decided
(1)If a request for access to a document that is made to an agency or Minister—
(a)is expressed to be made under this Act; and
(b)is sent by post to the agency or Minister, or delivered to an officer of the agency or a member of the staff of the Minister, at the appropriate address of the agency or the Minister;
the agency or Minister shall take all reasonable steps to ensure that—
(c)the applicant is notified of the day on which the request was received by or on behalf of the agency or Minister as soon as practicable but in any case not later than 14 days after the day on which it was so received; and
(d)the applicant is notified of a decision on the request (including a decision under section 20 to defer the provision of access to a document) as soon as practicable but in any case not later than 30 days after the day on which the request is received by or on behalf of the agency or Minister.
(2)A Minister may, in relation to the Minister or an agency, state an address (the appropriate address) as the address to which requests made under this Act may be sent or delivered under this section.
(3)A statement under subsection (2) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
(4)The period of 30 days mentioned in subsection (1) (d) must be extended by 30 days if the agency or Minister to whom the request was made determines, in writing, that the requirements of section 26, 27 or 27A make it appropriate to extend the period.
(5)Where an agency or a Minister makes a determination in writing under subsection (4) in relation to a request, that agency or Minister shall, as soon as possible, inform the applicant of the extension.
Forms of access
(1)Access to a document may be given to a person in 1 or more of the following forms:
(a)a reasonable opportunity to inspect the document;
(b)provision of a copy of the document;
(c)if the document 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)if the document is one 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 of a written transcript of the words recorded or contained in the document.
(2)Subject to subsection (3) and to section 21, 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 exercise by the Minister of his or her functions; or
(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 Territory or an agency) subsisting in matter contained in the document, being matter that does not relate to the affairs of an agency;
access in that form may be refused and access given in another form.
(4)Subject to section 16 (1), where a person requests access to a document in a particular form and, for a reason specified in subsection (3), access in that form is refused but access is given in another form, the applicant shall not be required to pay a charge in respect of the provision of access to the document that is greater than the charge that the applicant would have been required to pay if access had been given in the form requested.
Deferment of access
(1)An agency which, or a Minister who, receives a request may defer the provision of access to the document concerned—
(a)if the publication of the document concerned is required by law—until the end of the period within which the document is required to be published; or
(b)if the document concerned has been prepared for presentation to the Legislative Assembly or for the purpose of being made available to a particular person or body or with the intention that it should be so made available—until the end of a reasonable period after its preparation for it to be so presented or made available; or
(c)if the premature release of the document concerned would be contrary to the public interest—until the occurrence of any event after which or the end of any period of time beyond which the release of the document would not be contrary to the public interest; or
(d)if a Minister considers that the document concerned is of such general public interest that the Legislative Assembly should be informed of the contents of the document before the document is otherwise made public—until the end of 5 sitting days of the Legislative Assembly after the Legislative Assembly is so informed.
(2)Where the provision of access to a document is deferred in accordance with subsection (1), the agency or Minister shall, in informing the applicant of the reasons for the decision, indicate, as far as practicable, the period for which the deferment will operate.
(3)Section 60 (1) does not apply in relation to a deferment under subsection (1) (d) of this section.
Deletion of exempt matter
(1)Where—
(a)a decision is made not to grant a request for access to a document on the ground that it is an exempt document; and
(b)it is possible for the agency or Minister to make a copy of the document with such deletions that the copy would not be an exempt document and would not, because of the deletions, be misleading; and
(c)it is reasonably practicable for the agency or Minister, having regard to the nature and extent of the work involved in deciding on and making those deletions and the resources available for that work, to make such a copy;
the agency or Minister shall, unless it is apparent from the request or as a result of consultation by the agency or Minister with the applicant, that the applicant would not wish to have access to such a copy, make, and grant access to, such a copy.
(2)Where access is granted to a copy of a document in accordance with subsection (1)—
(a)the applicant shall be informed—
(i)that it is such a copy; and
(ii)of the provision of this Act by virtue of which any matter deleted is exempt matter; and
(b)section 25 does not apply to the decision that the applicant is not entitled to access to the whole of the document unless the applicant requests the agency or Minister to give to the applicant a notice in writing in accordance with that section.
Decisions to be made by authorised persons
A decision in respect of a request made to an agency may be made, on behalf of the agency, by the responsible Minister or the principal officer of the agency or, subject to the regulations, by an officer of the agency acting within the scope of authority exercisable by the officer in accordance with arrangements approved by the responsible Minister or the principal officer of the agency.
Requests may be refused in certain cases
(1)An agency or Minister may refuse to grant access to documents in accordance with a request without processing the request if—
(a)the request is expressed to relate to all documents, or to all documents of a stated class, that contain information of a stated kind or relate to a stated subject matter; and
(b)the agency or Minister is satisfied that the work involved in giving access to all documents to which the request relates would substantially and unreasonably—
(i)divert the resources of the agency from its other operations; or
(ii)interfere with the performance by the Minister of his or her functions.
(2)In deciding, for subsection (1), whether to refuse to grant a request, the agency or Minister—
(a)must have regard to the number and volume of the documents and the resources that would have to be used in—
(i)identifying, locating and collating the documents (including documents held in the Minister’s office or by contractors outside the agency); and
(ii)examining the documents and consulting on the documents with any entity in relation to the request; and
(iii)copying the documents; and
(iv)preparing an itemised schedule of the documents; and
(v)notifying the applicant of any interim or final decision on the request; but
(b)must not have regard to—
(i)any fee or charge payable for processing the request; or
(ii)any reason that the person requesting access gives for requesting access; or
(iii)the agency’s or Minister’s belief as to the person’s reasons for requesting access.
(3)Subsection (2) (a) does not limit the matters the Minister may have regard to.
(4)Where, in respect of a request of a kind referred to in subsection (1) (a), it is apparent from the nature of the documents as described in the request that all of the documents to which the request is expressed to relate are exempt documents and that no obligation would arise under section 21 in relation to any of those documents to grant access to a copy of the document with deletions, the agency or Minister may refuse to grant access to the documents in accordance with the request without having identified any or all of the documents to which the request relates and without specifying, in respect of each document, the provision of this Act under which that document is claimed to be an exempt document.
(5)An agency or Minister shall not refuse to grant access to a document in accordance with a request—
(a)on the ground that the request does not comply with section 14 (2); or
(b)in accordance with subsection (1);
without first giving the applicant a reasonable opportunity of consultation with a view to the making of the request in a form that would remove the ground for refusal.
Information as to existence of certain documents
(1)Nothing in this Act shall be taken to require an agency or Minister to give information as to the existence or non-existence of a document where that information, if included in a document of an agency, would cause the lastmentioned document to be an exempt document under section 34, section 37 (1) or section 37A.
(2)Where a request relates to a document that is, or if it existed would be, of a kind referred to in subsection (1), the agency or Minister dealing with the request may give notice in writing to the applicant that the agency or the Minister, as the case may be, neither confirms nor denies the existence, as a document of the agency, of such a document but that, assuming the existence of such a document, it would be an exempt document under section 34, section 37 (1) or section 37A and, where such a notice is given—
(a)section 25 applies as if the decision to give such a notice were a decision referred to in that section; and
(b)the decision shall, for part 7, be taken to be a decision refusing to grant access to the document in accordance with the request for the reason that the document would, if it existed, be an exempt document under section 34 or 37 (1).
Reasons and other particulars of decisions to be given
(1)Where, in relation to a request, a decision is made relating to a refusal to grant access to a document in accordance with the request or deferring provision of access to a document, the decision-maker shall cause the applicant to be given notice in writing of the decision—
(a)stating the findings on any material questions of fact, referring to the material on which those findings were based, and stating the reasons for the decision; and
(b)where the decision relates to a document of an agency—stating the name and the designation of the person giving the decision; and
(c)giving to the applicant appropriate information concerning—
(i)his or her rights with respect to review of the decision; and
(ii)his or her rights to make a complaint to the ombudsman in relation to the decision; and
(iii)the procedure for the exercise of those rights;
including (where applicable) particulars of the manner in which an application for review under section 59 may be made.
(2)The Administrative Decisions (Judicial Review) Act 1989, section 13 does not apply to a decision referred to in subsection (1).
(3)A notice under this section is not required to contain any matter that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document.
Procedure on request in respect of documents likely to affect relations between the Territory and the Commonwealth or a State
(1)Where arrangements have been entered into between the Territory and the Commonwealth or the Territory and a State with regard to consultation under this section and it appears that—
(a)a document that is the subject of a request originated with, or was received from, or contains information that originated with, or was received from, the Commonwealth or the State or an authority of the Commonwealth or the State; and
(b)the Commonwealth or the State may reasonably wish to contend that the document is an exempt document under section 34;
a decision to grant access to the document shall not be made by the agency or Minister concerned unless consultation has taken place between the Territory and the Commonwealth or the Territory and the State in accordance with those arrangements.
(2)Where, after consultation between the Territory and the Commonwealth or the Territory and a State as mentioned in subsection (1) in relation to a document, a decision is made that the document is not an exempt document under section 34 or under any other provision of this Act—
(a)the agency or Minister making the decision shall, in accordance with the arrangements, cause notice in writing of the decision to be given to the Commonwealth or the State, as the case may be, as well as to the person who made the request; and
(b)access shall not be given to the document or, in the case of a document that contains information that originated with or was received from the Commonwealth, the State or an authority of the Commonwealth or the State, to the document so far as it contains that information, unless—
(i)the time for the Commonwealth or State to apply to the ACAT under section 68 (Review of certain decisions in respect of documents relating to the Commonwealth or a State) ends and no application is made; or
(ii)an application is made, but the ACAT—
(A)dismisses the application; or
(B)makes a decision in relation to the application in accordance with terms agreed by the parties; or
(iii)an application is made and the ACAT confirms the decision to which the application relates.
NoteThe ACAT may dismiss an application under the ACT Civil and Administrative Tribunal Act 2008, s 32 (2) (a) or (b), and may make a decision in accordance with terms agreed by the parties under s 55.
Procedure on request in respect of document relating to business affairs etc
(1)Where—
(a)a request is received by an agency or Minister in respect of a document containing information concerning a person in respect of the person’s business or professional affairs or concerning the business, commercial or financial affairs of an organisation or undertaking; and
(b)it appears to the officer or Minister dealing with the request, or to a person reviewing under section 59 a decision refusing the request, that the person or organisation, or the proprietor of the undertaking, referred to in paragraph (a) might reasonably wish to contend that the document is an exempt document under section 43;
a decision to grant access under this Act to the document, so far as it contains the information referred to in paragraph (a), shall not be made unless, where it is reasonably practicable to do so having regard to all the circumstances, including the application of section 18—
(c)the agency or Minister has given to that person or organisation or the proprietor of that undertaking a reasonable opportunity of making submissions in support of a contention that the document is an exempt document under section 43; and
(d)the person making the decision has had regard to any submissions so made.
(2)Where, after any submissions have been made in accordance with subsection (1), a decision is made that the document, so far as it contains the information referred to in subsection (1) (a), is not an exempt document under section 43—
(a)the agency or Minister shall cause notice in writing of the decision to be given to the person who made the submissions, as well as to the person who made the request; and
(b)access shall not be given to the document, so far as it contains the information referred to in subsection (1) (a), unless—
(i)the time for the person to apply to the ACAT under section 69 (Review of certain decisions in respect of documents relating to business affairs etc) ends and no application is made; or
(ii)an application is made, but the ACAT—
(A)dismisses the application; or
(B)makes a decision in relation to the application in accordance with terms agreed by the parties; or
(iii)an application is made and the ACAT confirms the decision to which the application relates.
NoteThe ACAT may dismiss an application under the ACT Civil and Administrative Tribunal Act 2008, s 32 (2) (a) or (b), and may make a decision in accordance with terms agreed by the parties under that Act, s 55.
27AProcedure on request in relation to document containing personal information
(1)This section applies if—
(a)a request is received by an agency or Minister in relation to a document containing personal information about a person (including a person who has died); and
(b)it appears to the person dealing with the request that the person mentioned in paragraph (a), or if that person has died, the person’s legal representative, might reasonably wish to submit that the document is an exempt document under section 41 (Documents affecting personal privacy) so far as it contains personal information.
(2)A decision to grant access under this Act to the document, so far as it contains the personal information, must not be made unless, if it is reasonably practicable to do so having regard to all the circumstances (including the application of section 18)—
(a)the person dealing with the request has given the person or the legal representative of the person, a reasonable opportunity to make a submission that the document, so far as it contains the personal information, is an exempt document under section 41; and
(b)the person making the decision has considered any submission made in relation to the request.
(3)In deciding, for subsection (1), whether a person might reasonably wish to submit that a document, so far as it contains personal information, is an exempt document under section 41, the person dealing with the request, must have regard to the following:
(a)the extent to which the personal information is well known;
(b)whether the person to whom the personal information relates is known to be associated with the matters dealt with in the document;
(c)the availability of the personal information from publicly accessible sources;
(d)anything else the person dealing with the request considers relevant.
(4)If, after any submissions have been made in accordance with subsection (2), a decision is made that the document, so far as it contains the personal information, is not an exempt document under section 41—
(a)the person dealing with the request must notify the following people, in writing, of the decision:
(i)the person who made the request;
(ii)a person who made a submission in relation to the request; and
(b)access must not be given to the document, so far as it contains the personal information, unless—
(i)the time for the person to apply to the ACAT under section 69A (Review of certain decisions about documents relating to personal information) ends and no application is made; or
(ii)an application is made, but the ACAT—
(A)dismisses the application; or
(B)makes a decision in relation to the application in accordance with terms agreed by the parties; or
(iii)an application is made and the ACAT confirms the decision in relation to the application.
NoteThe ACAT may dismiss an application under the ACT Civil and Administrative Tribunal Act 2008, s 32 (2) (a) or (b), and may make a decision in accordance with terms agreed by the parties under that Act, s 55.
(5)In this section:
dealing with a request includes reviewing, under section 59, a decision refusing the request.
Persons to be notified of liability to pay charges
Where, in accordance with a determination in force under section 80, an agency or Minister makes a decision that an applicant is liable to pay a charge (not being an application fee) in respect of a request for access to a document or in respect of the provision of access to a document, the agency or Minister shall notify the applicant, in writing, accordingly, and shall give to the applicant, together with that notification, a statement setting out the basis on which the amount of that charge is calculated.
Charge may be remitted
(1)An applicant may make application, in writing, to the agency to which or the Minister to whom the applicant made a request seeking the total or partial remission of any charge paid by the applicant, or notified as being a charge that the applicant is liable to pay, in respect of that request or in respect of the provision of access to a document to which the request relates.
(2)Where an application is made under subsection (1), the agency or Minister—
(a)may remit the charge to which the application relates in whole or in part; and
(b)shall take all reasonable steps to enable the applicant to be notified of a decision on the application as soon as practicable but in any case not later than 28 days after the day on which the application was received by or on behalf of the agency or Minister.
(3)Without limiting the matters which the agency or Minister may take into account for the purpose of determining whether or not to remit a charge under subsection (2), the agency or Minister shall take into account—
(a)whether the payment of the charge or of any part of the charge would cause or has caused financial hardship to the applicant or to a person on whose behalf the application was made; and
(b)whether the document to which the applicant seeks access relates to personal information about the applicant or a person on whose behalf the application was made; and
(c)whether the giving of access is in the general public interest or in the interest of a substantial section of the public.
(4)Where—
(a)an application has been made to an agency or Minister under subsection (1); and
(b)notice of a decision on the application has not been received by the applicant within the period of 28 days commencing on the day on which the application was received by or on behalf of the agency or Minister;
the principal officer of the agency, or the Minister, as the case requires, shall be taken to have made, on the last day of that period, a decision refusing to make the total or partial remission of the charge to which the application relates that was sought in that application.
(5)In this section:
charge means a charge that an applicant is notified under section 28 that the applicant is liable to pay in respect of a request for access to a document or in respect of the provision of access to a document.
Remission of application fees
(1)Where—
(a)there is an application fee in respect of an application to an agency or Minister under section 14 (1) requesting access to a document or under section 59 (1) requesting a review of a decision relating to a document (whether or not the fee has been paid); and
(b)the agency or Minister is satisfied that—
(i)the payment of the fee or of a part of the fee would cause or has caused financial hardship to the applicant or to a person on whose behalf the application was made; or
(ii)the document relates to personal information about the applicant or a person on whose behalf the application was made; or
(iii)the giving of access is in the general public interest or in the interest of a substantial section of the public;
the agency or Minister may remit the fee or part of the fee.
(2)Where the whole or part of an application fee is remitted under subsection (1), then, to the extent of the remission, there shall not, for section 14 (1) or 59 (1), as the case may be, be taken to be an application fee in respect of the application.
Period under s 18 to be extended in certain cases
(1)Where an applicant receives a notification under section 28 before the end of 30 days after the day on which the request was received by or on behalf of an agency or a Minister, being a notification that the applicant is liable to pay a specified charge in respect of that request, section 18 applies to the request as if the period of 30 days referred to in section 18 (1) were extended by the period commencing on the day on which that notification is received by the applicant and ending on the day that is, under subsection (2), the relevant day in relation to that request.
(2)For subsection (1), the relevant day in relation to a request made by an applicant to whom a notification has been given under section 28 setting out the applicant’s liability to pay a specified charge is—
(a)if the applicant pays the charge, or such deposit on account of the charge as the applicant is required to pay under a determination in force under section 80 (whether or not the applicant first seeks a remission of the charge under section 29 or a review of the decision in respect of the charge under section 60)—the day on which that charge or deposit is so paid; or
(b)if the applicant, not having paid the charge or deposit referred to in paragraph (a), makes an application under section 29 for the total or partial remission of the charge—
(i)if a decision is made upon that application to remit the whole of the charge—the day on which the applicant is notified under that section of that decision; or
(ii)if a decision is made on that application to remit part of the charge—the day on which the applicant pays the charge as so remitted or such deposit on account of the charge as so remitted as the applicant is required to pay under a determination in force under section 80; or
(c)if the applicant, not having paid the charge or deposit referred to in paragraph (a), makes an application to the ACAT under section 60 for a review of the decision referred to in section 28—
(i)if a decision is made by the ACAT setting aside the decision referred to in section 28—the day on which the applicant is notified by the ACAT of that decision; or
(ii)if the ACAT sets aside the decision referred to in section 28 and makes another decision in substitution for that decision—the day on which the applicant pays the charge specified in the substituted decision or such deposit on account of that charge as the applicant is required to pay under a determination in force under section 80.
Part 4Exempt documents
NoteFor the exemption of documents in the possession of the housing commissioner containing protected information within the meaning of the Housing Assistance Act 2007, pt 5, see that Act, s 29.
Exemptions do not limit each other
A provision of this part under which documents referred to in the provision are exempt documents—
(a)shall not be construed as limited in its scope or operation in any way by any other provision of this part under which documents are exempt documents; and
(b)shall not be construed as not applying to a particular document because another provision of this part of a kind mentioned in paragraph (a) also applies to that document.
Documents exempt under Commonwealth Act
(1)Where—
(a)a request is made to an agency or a Minister for access to a document; and
(b)the principal officer of the agency, or the Minister, has reasonable grounds to believe that the document would, if it were in the possession of a Commonwealth agency, be an exempt document under the Freedom of Information Act 1982 (Cwlth), section 33, 33A, 34, 35, 39, 44 or 47;
the document is an exempt document and the principal officer or the Minister shall transfer the request to the Commonwealth agency whose functions are most closely related to the subject of the request and send the document to that agency.
(2)Where a document is so transferred, the principal officer shall notify the applicant of the transfer.
Documents affecting relations with Commonwealth and States
(1)Subject to subsection (2), a document is an exempt document if disclosure of the document under this Act—
(a)would, or could reasonably be expected to, cause damage to relations between the Territory and the Commonwealth or the Territory and a State; or
(b)would divulge information or matter communicated in confidence by or on behalf of the Commonwealth, a State or an authority of the Commonwealth or of a State to the Territory, to a Territory authority or to a person receiving the communication on behalf of the Territory or of a Territory authority.
(2)This section does not apply to a document in respect of matter in a document the disclosure of which under this Act would, on balance, be in the public interest.
Executive documents
(1)A document is an exempt document if it is—
(a)a document that has been submitted to the Executive for its consideration or is proposed by a Minister to be so submitted, being a document that was brought into existence for the purpose of submission for consideration by the Executive; or
(b)an official record of the Executive; or
(c)a document that is a copy of, or of a part of, or contains an extract from, a document referred to in paragraph (a) or (b); or
(d)a document the disclosure of which would involve the disclosure of any deliberation or decision of the Executive, other than a document by which a decision of the Executive was officially published.
NoteAccess to the Cabinet notebook is excluded under s 11 (2).
(2)This section does not apply to a document (a relevant document)—
(a)that is referred to in subsection (1) (a); or
(b)that is referred to in subsection (1) (b) or (c) and is a copy of, or of part of, or contains an extract from, a document that is referred to in subsection (1) (a);
to the extent that the relevant document contains purely factual material unless—
(c)the disclosure under this Act of that document would involve the disclosure of any deliberation or decision of the Executive; and
(d)the fact of that deliberation or decision has not been officially published.
(3)A reference in this section to the Executive includes a reference to a committee of the Executive.
Internal working documents
(1)Subject to this section, a document is an exempt document if its disclosure under this Act—
(a)would disclose matter in the nature of, or relating to, opinion, advice or recommendation obtained, prepared or recorded, or consultation or deliberation that has taken place, in the course of, or for the purposes of, the deliberative processes involved in the functions of an agency or Minister or of the Territory; and
(b)would be contrary to the public interest.
(2)In the case of a document of the kind referred to in section 8 (1), the matter referred to in subsection (1) (a) of this section does not include matter that is used or to be used for the purpose of the making of decisions or recommendations referred to in section 8 (1).
(3)This section does not apply to a document only because of purely factual material contained in the document.
(4)This section does not apply to—
(a)reports (including reports concerning the results of studies, surveys or tests) of scientific or technical experts, whether employed within an agency or not, including reports expressing the opinions of such experts on scientific or technical matters; or
(b)reports of a prescribed body or organisation established within an agency; or
(c)the record of, or a formal statement of the reasons for, a final decision given in the exercise of a power or of an adjudicative function.
(5)Where a decision is made under part 3 that an applicant is not entitled to access to a document because of this section, the notice under section 25 shall state the ground of public interest on which the decision is based.
Documents affecting enforcement of the law and protection of public safety
(1)A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to—
(a)prejudice the conduct of an investigation of a breach, or possible breach, of the law, or a failure, or possible failure, to comply with a law relating to taxation or prejudice the enforcement or proper administration of the law in a particular instance; or
(b)disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement or administration of the law; or
(c)endanger the life or physical safety of any person.
(2)A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to—
(a)prejudice the fair trial of a person or the impartial adjudication of a particular case; or
(b)disclose lawful methods or procedures for preventing, detecting, investigating, or dealing with matters arising out of, breaches or evasions of the law the disclosure of which would, or could reasonably be expected to, prejudice the effectiveness of those methods or procedures; or
(c)prejudice the maintenance or enforcement of lawful methods for the protection of public safety.
(3)In subsections (1) and (2):
law means a law in force in Australia.
37ADocuments affecting national security, defence or international relations
(1)A document is an exempt document if its disclosure under this Act—
(a)would, or could reasonably be expected to, cause damage to—
(i)the security of the Commonwealth, the Territory or any State; or
(ii)the defence of the Commonwealth, the Territory or any State; or
(iii)the international relations of the Commonwealth; or
(b)would divulge any information or matter communicated in confidence by or for a foreign government, an authority of a foreign government or an international organization to the government of the Commonwealth or Territory, to an authority of the Commonwealth or Territory or to a person receiving the communication of the Commonwealth or Territory or of an authority of the Territory.
(2)If a Minister is satisfied that a document is an exempt document under subsection (1), the Minister may sign a certificate to that effect stating the reason and, subject to part 7, the certificate, while in force, establishes conclusively that the document is an exempt document.
(3)If a Minister is satisfied as mentioned in subsection (2) only because of matter contained in a particular part of a document, a certificate under that subsection in relation to the document must identify that part of the document that contains the matter.
(4)If a Minister is satisfied that information about the existence or non‑existence of a document described in a request would, if contained in a document of an agency, cause the document to be an exempt document under subsection (1), the Minister may sign a certificate to that effect, stating that reason.
Note 1A Minister may delegate the Minister’s functions under an Act or statutory instrument to anyone else (see Legislation Act, s 254A).
Note 2 For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
(5)In this section:
security of the Commonwealth, the Territory or any State includes—
(a)matters relating to the detection, prevention or suppression of activities, whether within or outside Australia, subversive of, or hostile to the interests of the Commonwealth, the Territory or any State or of any country allied or associated with the Commonwealth; and
(b)the security of any communications system or cryptographic system of the Commonwealth, the Territory, any State or of another country used for—
(i)the defence of the Commonwealth, the Territory or any State or of any country allied or associated with the Commonwealth; or
(ii)the conduct of the international relations of the Commonwealth.
Documents to which secrecy provisions of enactments apply
A document is an exempt document if there is in force an enactment applying specifically to information of a kind contained in the document and prohibiting persons referred to in the enactment from disclosing information of that kind, whether the prohibition is absolute or is subject to exceptions or qualifications.
Documents affecting financial or property interests of the Territory
(1)Subject to subsection (2), a document is an exempt document if its disclosure under this Act would have a substantial adverse effect on the financial or property interests of the Territory or of an agency.
(2)This section does not apply to a document the disclosure of matter in which under this Act would, on balance, be in the public interest.
Documents concerning certain operations of agencies
(1)Subject to subsection (2), a document is an exempt document if its disclosure under this Act would, or could reasonably be expected to—
(a)prejudice the effectiveness of procedures or methods for the conduct of tests, examinations or audits by an agency; or
(b)prejudice the attainment of the objects of particular tests, examinations or audits conducted or to be conducted by an agency; or
(c)have a substantial adverse effect on the management or assessment of personnel by the Territory or by an agency; or
(d)have a substantial adverse effect on the proper and efficient conduct of the operations of an agency; or
(e)have a substantial adverse effect on the conduct by or on behalf of the Territory or an agency of industrial relations.
(2)This section does not apply to a document the disclosure of matter in which under this Act would, on balance, be in the public interest.
Documents affecting personal privacy
(1)A document is an exempt document if its disclosure under this Act would involve the unreasonable disclosure of personal information about any person (including a deceased person).
(2)Subject to subsection (3), subsection (1) does not apply to a request by a person for access to a document only because of the inclusion in the document of matter relating to that person.
(3)Where—
(a)a request is made to an agency or Minister for access to a document of the agency, or an official document of the Minister, that contains information of a medical or psychiatric nature concerning the person making the request; and
(b)it appears to the principal officer of the agency, or to the Minister, as the case may be, that the disclosure of the information to that person might be prejudicial to the physical or mental health or wellbeing of that person;
the principal officer or Minister may direct that access to the document, so far as it contains that information, that would otherwise be given to that person is not to be given to that person but is to be given instead to a doctor to be nominated by that person.
Documents subject to legal professional privilege
(1)A document is an exempt document if it is of such a nature that it would be privileged from production in legal proceedings on the ground of legal professional privilege.
(2)A document of the kind referred to in section 8 (1) is not an exempt document under subsection (1) of this section only because of the inclusion in the document of matter that is used or to be used for the purpose of the making of decisions or recommendations referred to in section 8 (1).
Documents relating to business affairs etc
(1)A document is an exempt document if its disclosure under this Act would disclose—
(a)trade secrets; or
(b)any other information having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or
(c)information (other than trade secrets or information to which paragraph (b) applies) concerning a person in respect of his or her business or professional affairs or concerning the business, commercial or financial affairs of an organisation or undertaking, being information—
(i)the disclosure of which would, or could reasonably be expected to, unreasonably affect that person adversely in respect of his or her lawful business or professional affairs or that organisation or undertaking in respect of its lawful business, commercial or financial affairs; or
(ii)the disclosure of which under this Act could reasonably be expected to prejudice the future supply of information to the Territory or an agency for the purpose of the administration of a law or the administration of matters administered by an agency.
(2)Subsection (1) does not apply to a request by a person for access to a document—
(a)only because of the inclusion in the document of information concerning that person in respect of his or her business or professional affairs; or
(b)only because of the inclusion in the document of information concerning the business, commercial or financial affairs of an undertaking where the person making the request is the proprietor of the undertaking or a person acting on behalf of the proprietor; or
(c)only because of the inclusion in the document of information concerning the business, commercial or financial affairs of an organisation where the person making the request is the organisation or a person acting on behalf of the organisation.
(3)A reference in this section to an undertaking includes a reference to an undertaking that is carried on by, or by an authority of, the Territory, the Commonwealth, a State or by a local government authority.
Documents affecting economy
(1)A document is an exempt document if its disclosure under this Act would be contrary to the public interest because it—
(a)would, or could reasonably be expected to, have a substantial adverse effect on the ability of the Government of the Territory to manage the economy of the Territory; or
(b)could reasonably be expected to result in an undue disturbance of the ordinary course of business in the community, or an undue benefit or detriment to any person or persons, by giving premature knowledge of or concerning proposed or possible action or inaction of the Government of the Territory or the Legislative Assembly.
(2)The kinds of documents to which subsection (1) may apply include, but are not limited to, documents containing matter relating to—
(a)a fee or charge; or
(b)any kind of tax or duty; or
(c)proposals for expenditure; or
(d)borrowings or proposals to borrow by the Territory or an agency.
Documents containing material obtained in confidence
(1)A document is an exempt document if its disclosure under this Act would constitute a breach of confidence.
(2)Subsection (1) does not apply to any document to the disclosure of which section 36 (1) (a) applies or would, but for section 36 (2), (3) or (4), apply, being a document prepared by—
(a)a Minister; or
(b)a member of the staff of a Minister or an officer of an agency in the course of his or her duties; or
(c)a prescribed authority in the exercise of its functions;
for purposes relating to the affairs of an agency or the official affairs of a Minister unless the disclosure would constitute a breach of confidence owed to a person or body other than—
(d)a person in the capacity of Minister, member of the staff of a Minister or officer of an agency; or
(e)an agency or the Territory.
Documents disclosure of which would be contempt of Legislative Assembly or a court
A document is an exempt document if public disclosure of the document would, apart from this Act and any immunity of the Crown—
(a)be in contempt of court; or
(b)be contrary to an order made or direction given by a royal commission or by a tribunal or other person or body having power to take evidence on oath; or
(c)infringe the privileges of the Legislative Assembly, of the Commonwealth Parliament, of the Parliament of a State or of a House of such a Parliament or of the Legislative Assembly of the Northern Territory or of Norfolk Island.
Evidence of certificates
In proceedings before the ACAT under this part, evidence of a certificate under section 37A, including evidence of the identity or nature of a document to which the certificate relates, may be given by affidavit or otherwise and that evidence is admissible without production of the certificate or of a document to which it relates.
ACAT may make recommendation that costs be available in certain cases
(1)Where—
(a)a person makes application to the ACAT under section 60 for review of a decision constituting the action to which the complaint relates; and
(b)the person is successful, or substantially successful, in the application for review;
the ACAT may, in its discretion, recommend to the Minister that the costs of the applicant in relation to the proceedings be paid by the Territory.
(2)Without limiting the matters to which the ACAT may have regard in deciding whether to make a recommendation under subsection (1), the ACAT shall have regard to—
(a)the question whether payment of the costs or any part of the costs would cause financial hardship to the applicant; and
(b)the question whether the decision of the ACAT on review will be of benefit to the general public; and
(c)the question whether the decision of the ACAT on review will be of commercial benefit to the person making the application to the ACAT; and
(d)the reasonableness of the decision reviewed by the ACAT.
(3)The Minister may, under a recommendation of the ACAT under subsection (1), authorise the payment of costs to an applicant.
Part 8Miscellaneous
Protection against certain actions
(1)Where access has been given to a document and—
(a)the access was required by this Act to be given or would, but for section 11 (3) or that subsection as modified by regulations under section 11 (4), have been so required to be given; or
(b)the access was authorised by a Minister, or by an officer having authority under section 22 or 59 to make decisions in respect of requests, in the honest belief that the access was required by this Act to be given;
no action for defamation, breach of confidence or infringement of copyright lies against the Territory, an agency, a Minister or an officer because of the authorising or giving of the access, and no action for defamation or breach of confidence in respect of any publication involved in, or resulting from, the giving of the access lies against the author of the document or any other person because of that author or other person having supplied the document to an agency or a Minister.
(2)The giving of access to a document (including an exempt document) in consequence of a request shall not be taken to constitute an authorisation or approval—
(a)for the purposes of the law relating to defamation or breach of confidence—of the publication of the document or its contents by the person to whom access is given; or
(b)for the purposes of the law of copyright—of the doing, by the person to whom access is given, of any act comprised within the copyright in—
(i)any literary, dramatic, musical or artistic work; or
(ii)any sound recording, cinematograph film, television broadcast or sound broadcast; or
(iii)a published edition of a literary, dramatic, musical or artistic work; or
contained in the document.
(3)Expressions used in subsection (2) (b) have the same meaning as in the Copyright Act 1968 (Cwlth).
Protection in respect of offences
Where access has been given to a document and—
(a)the access was required by this Act to be given or would, but for section 11 (3) or that subsection as modified by regulations made under section 11 (4), have been so required to be given; or
(b)the access was authorised by a Minister, or by an officer having authority under section 22 or 59 to make decisions in respect of requests, in the honest belief that the access was required by this Act to be given;
neither the person authorising the access nor any person concerned in the giving of the access is guilty of a criminal offence only because of the authorising or giving of the access.
Reports to Legislative Assembly
(1)The Minister must, for each financial year—
(a)prepare a report on the operation of this Act during the year; and
(b)include the report in the report under the Annual Reports (Government Agencies) Act 2004 that is—
(i)for the financial year; and
(ii)for the administrative unit with responsibility for this Act.
NoteFinancial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004.
(2)Each responsible Minister must, for each financial year—
(a)prepare a report on the operation of this Act in relation to the Minister’s official documents, and each agency for which the Minister is responsible, during the year; and
(b)present the report to the Legislative Assembly when the report for the agency under the Annual Reports (Government Agencies) Act 2004 must be presented to the Assembly.
(3)Each responsible Minister shall, in relation to that Minister’s official documents and in relation to each agency for which that Minister is responsible, give to the Minister, on or before the date specified by the Minister, such information as the Minister requires for the preparation of a report under subsection (1).
(4)A report under subsection (1) shall set out—
(a)the number of requests under section 18 for access to documents received during the year by each agency and each responsible Minister; and
(b)the number of requests under section 48 for the amendment of personal records received during the year by each agency and each responsible Minister; and
(c)the number of requests under section 18 for access to documents, and the number of requests under section 48 for the amendment of personal records, received during the year by each agency and each responsible Minister, in relation to which a decision was notified—
(i)less than 31 days; or
(ii)not less than 31 days and not more than 45 days; or
(iii)not less than 46 days and not more than 60 days; or
(iv)not less than 61 days and not more than 90 days; or
(v)more than 90 days;
after the day on which the request was received by or on behalf of the agency or Minister; and
(d)an identification of the guidelines (if any) issued during the year in relation to the manner in which agencies or responsible Ministers should comply with their obligations under this Act; and
(e)a description of any other efforts to assist agencies or responsible Ministers to comply with their obligations under this Act.
(5)A report under subsection (2) shall set out particulars of the operations of the agency and responsible Minister under this Act during the year, including—
(a)the number of requests under section 18 for access to documents received during the year; and
(b)the number of requests received at any time in respect of which during the year—
(i)access other than partial access was granted to the document or all of the documents to which the request related; or
(ii)access was refused to the document or all of the documents to which the request related; or
(iii)partial access was granted; and
(c)the number of applications made during the year for the review of decisions under section 59 and particulars of the results of such reviews; and
(d)the number of applications made during the year to the ACAT for the review of decisions and particulars of the results of such reviews; and
(e)particulars of the total charges and application fees collected during the year in dealing with requests and other applications whenever received; and
(f)the number of requests received during the year to amend records under section 48 and particulars of the results of such requests.
(6)For subsection (5) (a) (ii), partial access shall be taken to have been granted in respect of a request if either or both of the following conditions are satisfied in relation to the request:
(a)access was granted to a copy of the document or of any of the documents to which the request related with deletions;
(b)the request related to 2 or more documents and access was refused to any 1 or more of the documents.
79AService of documents
If a person nominates an address in Australia where documents may be served on the person, a document or statement required by this Act to be given to the person may be sent to the person at that address.
Determination of fees and charges
(1)The Minister may determine fees for this Act.
NoteThe Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(2)A fee for a service must not vary according to the identity of an applicant or agency.
(3)If a fee is determined for time spent by an agency or Minister in—
(a)searching for or retrieving a document; or
(b)making, or doing things related to making, a decision on a request for access;
the fee must be a single hourly rate regardless of the classification or designation of the person who does the work.
(4)A determination under this section is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
(5)In this section:
fee includes charge.
Approved forms
(1)The Minister may approve forms for this Act.
(2)In approving a form for section 7 (1), the Minister must have regard, among other things, to the need to assist members of the public to exercise effectively their rights under this Act.
(3)If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
NoteFor other provisions about forms, see the Legislation Act, s 255.
(4)An approved form is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
Regulation-making power
(1)The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
(2)The regulations may make provision in relation to officers who may give decisions on behalf of an agency.
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
· ACT
· administrative unit
· Australia
· Australian citizen
· commissioner for health complaints
· director‑general (see s 163)
· doctor
· exercise
· Minister (see s 162)
· public sector standards commissioner
· sitting day
· State.
agency means an administrative unit or a prescribed authority.
applicant means a person who has made a request.
Australian archives means the National Archives of Australia established under the Archives Act 1983 (Cwlth).
Commonwealth agency means a body that is an agency for the Freedom of Information Act 1982 (Cwlth).
document, in relation to an agency, means a document in the possession of the agency, whether created in the agency or received in the agency.
enactment means an Act or subordinate law.
exempt document means—
(a)a document which, under part 4, is an exempt document; or
(b)a document in respect of which an agency is exempt from the operation of this Act under section 6; or
(c)an official document of a Minister that contains some matter that does not relate to the affairs of an agency.
exempt matter means matter the inclusion of which in a document causes the document to be an exempt document.
officer, in relation to an agency, includes a member of, or a member of the staff of, the agency.
official document, in relation to a Minister, means a document that is in the possession of the Minister in the Minister’s capacity as a Minister, being a document that relates to the affairs of an agency, and includes a document that has passed from the Minister’s possession if the Minister is entitled to access to the document and the document is not a document of an agency.
personal information means information or an opinion (including information forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
prescribed authority means—
(a)a court; or
(b)a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment, other than—
(i)an incorporated company or association; or
(ii)a body that, under section 4 (1) (Entities not necessarily prescribed authorities) or the regulations, is not a prescribed authority for this Act; or
(iii)a royal commission appointed under the Royal Commissions Act 1991; or
(iv)a board of inquiry appointed under the Inquiries Act 1991; or
(v)a judicial commission appointed under the Judicial Commissions Act 1994; or
(vi)the judicial council established under the Judicial Commissions Act 1994, section 5A; or
(c)any other body, whether incorporated or unincorporated, that is declared by the regulations to be a prescribed authority for this Act, being—
(i)a body established by the Executive or by a Minister; or
(ii)an incorporated company or association over which the Territory is in a position to exercise control; or
(d)subject to section 4 (2), the person holding, or performing the duties of, an office established by an enactment; or
(e)a person holding, or performing the duties of, an office declared by the regulations to be an office the holder of which is a prescribed authority for this Act, being an office created by the Executive or by a Minister otherwise than under an enactment; or
(f)a territory-owned corporation or a subsidiary within the meaning of the Territory-owned Corporations Act 1990.
principal officer means—
(a)in relation to an administrative unit—the director‑general of the administrative unit; or
(b)in relation to a prescribed authority—
(i)if the regulations declare an office to be the principal office in respect of the authority—the person holding, or performing the duties of, that office; or
(ii)in the case of a court—the principal registrar appointed under the Court Procedures Act 2004, section 11A; or
(iii)in the case of a territory-owned corporation or a subsidiary within the meaning of the Territory-owned Corporations Act 1990—the chief executive officer of the corporation or subsidiary; or
(iv)in any other case—the person who constitutes that authority or a person acting in his or her office or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which the person is present or a person acting in his or her office.
request means an application made in accordance with section 14 (1).
responsible Minister, in relation to an agency, means—
(a)subject to paragraphs (b) and (c), the Minister who is responsible for that agency; or
(b)in relation to a prescribed authority referred to in the definition of prescribed authority, paragraph (c)—the Minister administering the enactment concerned; or
(c)in relation to a prescribed authority referred to in the definition of prescribed authority, paragraph (b) or (d)—the Minister declared by the regulations to be the responsible Minister in respect of that authority;
or another Minister acting for and on behalf of that Minister.
taking of action, for part 6 (Role of Ombudsman)—see section 53.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
This Act was originally a Commonwealth ordinance—the Freedom of Information Ordinance 1989 No 46 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) 1989 A1989‑21, s 5 on 11 May 1989 (self-government day).
Freedom of Information Act 1989 A1989‑46
notified 10 May 1989
s 1, s 2 commenced 10 May 1989remainder commenced 11 May 1989 (Gaz 1989 No S164)
as amended by
Royal Commissions and Inquiries (Consequential Provisions) Act 1991 A1991‑3 sch
notified 1 March 1991 (Gaz 1991 No S7)
s 1, s 2 commenced 1 March 1991sch commenced 1 May 1989 (s 2 (2))
Freedom of Information (Amendment) Act 1992 A1992‑4
notified 25 May 1992 (Gaz 1992 No S58)
commenced 25 May 1992
Judicial Commissions (Consequential Amendments) Act 1994 A1994‑10 s 5
notified 14 March 1994 (Gaz 1994 No S44)
commenced 14 March 1994 (s 2)
Electoral (Amendment) (Consequential Provisions) Act 1994 A1994‑15 pt 4
notified 17 May 1994 (Gaz 1994 No S85)
ss 1-3 commenced 17 May 1994 (s 2 (1))pt 4 commenced 25 August 1994 (s 2 (3) and Gaz 1994 No S172)
Public Sector Management (Consequential and Transitional Provisions) Act 1994 A1994‑38 sch 1 pt 40
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))sch 1 pt 40 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
Administrative Appeals (Consequential Amendments) Act 1994 A1994‑60 sch 1
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))sch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250)
Electricity and Water (Corporatisation) (Consequential Amendments) Act 1995 A1995‑7 sch
notified 28 June 1995 (Gaz 1995 No S148)
commenced 1 July 1995 (s 2)
Annual Reports (Government Agencies) (Consequential Provisions) Act 1995 A1995‑25 sch
notified 5 September 1995 (Gaz 1995 No S212)
commenced 5 September 1995 (s 2)
Ombudsman (Amendment) Act 1996 A1996‑17 s 13
notified 1 May 1996 (Gaz 1996 No S71)
commenced 1 May 1996 (s 2)
Freedom of Information (Amendment) Act 1996 A1996‑30
notified 28 June 1996 (Gaz 1996 No S140)
commenced 28 June 1996 (s 2)
Health Records (Privacy and Access) Act 1997 A1997‑125 sch
notified 24 December 1997 (Gaz 1997 No S420)
commenced 1 February 1998 (s 2)
Law Reform (Miscellaneous Provisions) Act 1999 A1999‑66 sch 3
notified 10 November 1999 (Gaz 1999 No 45)
s 1, s 2 commenced 10 November 1999 (IA s 10B)sch 3 commenced 10 November 1999 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 159
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 159 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Territory Records Act 2002 A2002-18 pt 7
notified LR 13 June 2002
s 1, s 2 commenced 13 June 2002 (LA s 75 (1))pt 7 commenced 2 July 2003 (s 2 (3))
Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.15
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))sch 1 pt 1.15 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)
Human Rights Commission Legislation Amendment Act 2005 A2005‑41 sch 1 pt 1.3 (as am by A2006‑3 amdt 1.3)
notified LR 1 September 2005
s 1, s 2 commenced 1 September 2005 (LA s 75 (1))
sch 1 pt 1.3 commenced 1 November 2006 (s 2 (3) (as am by A2006‑3 amdt 1.3) and see Human Rights Commission Act 2005 A2005-40, s 2 (as am by A2006‑3 s 4) and CN2006-21)Human Rights Commission Legislation Amendment Act 2006 A2006‑3 amdt 1.3
notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
amdt 1.3 commenced 23 February 2006 (s 2)NoteThis Act only amends the Human Rights Commission Legislation Amendment Act 2005 A2005-41
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.48
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))sch 3 pt 3.48 commenced 12 April 2007 (s 2 (1))
Freedom of Information Amendment Act 2007 A2007-5
notified LR 23 March 2007
s 1, s 2 commenced 23 March 2007 (LA s 75 (1))
remainder commenced 24 March 2007 (s 2)Housing Assistance Act 2007 A2007-8 sch 1 pt 1.2
notified LR 10 May 2007
s 1, s 2 commenced 10 May 2007 (LA s 75 (1))
sch 1 pt 1.2 commenced 10 November 2007 (s 2 and LA s 79)ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.45
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.45 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)Freedom of Information Amendment Act 2009 A2009-2
notified LR 18 February 2009
s 1, s 2 commenced 18 February 2009 (LA s 75 (1))
s 23 commenced 19 February 2009 (s 2 (2) and LA s 73 (3))
remainder commenced 19 February 2009 (s 2 (1))Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.67
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.67 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.22
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))sch 3 pt 3.22 commenced 5 June 2012 (s 2 (1))
Judicial Commissions Amendment Act 2015
A2015‑1 sch 1 pt 1.3
(as am by A2015-52 s 28)
notified LR 25 February 2015
s 1, s 2 commenced 25 February 2015 (LA s 75 (1))sch 1 pt 1.3 commenced 1 February 2017 (s 2 (as am by A2015-52 s 28))
Annual Reports (Government Agencies) Amendment Act 2015 A2015‑16 sch 1 pt 1.11
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))sch 1 pt 1.11 commenced 3 June 2015 (s 2)
Courts Legislation Amendment Act 2015 (No 2) A2015‑52 pt 8, pt 10
notified LR 26 November 2015
s 1, s 2 commenced 26 November 2015 (LA s 75 (1))pt 8, pt 10 (s 28) commenced 10 December 2015 (s 2 (2))
NotePt 10 (s 28) only amends the Judicial Commissions Amendment Act 2015 A2015-1
ACT Civil and Administrative Tribunal Amendment Act 2016 (No 2) A2016‑28 sch 1 pt 1.2
notified LR 15 June 2016
s 1, s 2 commenced 15 June 2016 (LA s 75 (1))sch 1 pt 1.2 commenced 16 June 2016 (s 2 (1))
Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.29
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.29 commenced 1 September 2016 (s 2)as repealed by
Freedom of Information Act 2016 A2016-55 pt 11 (as am by A2017-14 s 19)
notified LR 26 August 2016
s 1, s 2 commenced 26 August 2016 (LA s 75 (1))
pt 11 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 s 19
notified LR 17 May 2017
s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
s 19 commenced 24 May 2017 (s 2 (1))NoteThis Act only amends the Freedom of Information Act 2016 A2016-55.
Amendment history
Name of Act
s 1sub A2007‑3 amdt 3.249
Object
s 2orig s 2
om A2001‑44 amdt 1.1844
pres s 2
(prev s 3) renum as s 2 A2007‑3 amdt 3.250
Dictionary
s 3orig s 3
renum as s 2
pres s 3
ins A2007‑3 amdt 3.256
Notes
s 3Ains A2007‑3 amdt 3.256
Entities not necessarily prescribed authorities
s 4am A2001‑44 amdt 1.1846; R5 LA (see A2001‑44 amdt 1.1847)
defs reloc to dict A2007‑3 amdt 3.255
sub A2007‑3 amdt 3.256
def department om A1994‑38 sch 1
def Ombudsman om A1996‑17 s 13
defState om A2007‑3 amdt 3.254
Abolished agencies
s 4Ains A2007‑3 amdt 3.256
Act to apply to certain tribunals in respect of administrative matters
s 5am A1994‑38 sch 1
Act to apply to courts in relation to administrative matters
s 5Ains A2015‑52 s 24
Exemption of certain bodies
s 6am A1996‑30 s 5; A1997‑125 sch; R5 LA; A2005‑41 amdt 1.24, amdt 1.25
(5)-(7) exp 1 December 2006 (s 6 (7) (LA s 88 declaration applies))
Exemption of lists of housing assistance properties
s 6AArenum as s 6A
Exemption of lists of housing assistance properties
s 6Aorig s 6A
renum as s 6B
pres s 6A
(prev s 6AA) ins A2007‑8 amdt 1.2
renum as s 6A A2007‑8 amdt 1.3
How Act applies to certain older records
s 6B(prev s 6A) ins A2002‑18 s 60
renum as s 6B A2007‑8 amdt 1.3
Publication of information concerning functions and documents of agencies
s 7am A1995‑25 sch; A2001‑44 amdts 1.1848-1.1850; R5 LA (see A2001‑44 amdt 1.1851); A2004‑9 amdt 1.20; A2007‑3 amdt 3.257, amdt 3.258; A2015‑16 amdt 1.15; ss renum R17 LA
Certain documents to be available for inspection and purchase
s 8am A1996‑30 s 6; A2007‑3 amdts 3.259-3.262
Unpublished documents not to prejudice public
s 9am A2007‑3 amdt 3.263, amdt 3.274
Pt 3 not to apply to certain documents
s 11am A2007‑5 s 5; A2009‑2 s 4; ss renum R14 LA
Requests for access
s 14am A1992‑4 s 3; A2001‑44 amdts 1.1852-1.1854
Transfer of requests
s 15am A1994‑38 sch 1
Access to documents to be given on request
s 17am A2001‑44 amdt 1.1855
Time within which requests to be decided
s 18am A2001‑44 amdt 1.1856; R5 LA (see A2001‑44 amdt 1.1857); A2007‑5 s 6; A2012‑21 amdt 3.84
Forms of access
s 19am A2007‑3 amdt 3.274
Requests may be refused in certain cases
s 23am A2007‑5 s 7; ss renum R10 LA
Information as to existence of certain documents
s 24am A2007‑5 s 18
Procedure on request in respect of documents likely to affect relations between the Territory and the Commonwealth or a State
s 26am A2007‑5 s 8; pars renum R10 LA; A2008‑37 amdt 1.191
Procedure on request in respect of document relating to business affairs etc
s 27am A2007‑5 s 9; pars renum R10 LA; A2008‑37 amdt 1.192
Procedure on request in relation to document containing personal information
s 27Ains A2007‑5 s 10
am A2008‑37 amdt 1.193
Charge may be remitted
s 29am A2007‑5 s 11
Remission of application fees
s 30am A2007‑5 s 12
Exempt documents
pt 4 hdgnote ins A2007‑8 amdt 1.4
Period under s 18 to be extended in certain cases
s 31am A2008‑37 amdt 1.206
Exemptions do not limit each other
s 32 hdgsub A2007‑3 amdt 3.264
Documents affecting relations with Commonwealth and States
s 34am A2009‑2 s 5; ss renum R14 LA
Executive documents
s 35am A1994‑38 sch 1; A2009‑2 s 6, s 7; ss renum R14 LA
Internal working documents
s 36am A2009‑2 s 8; ss renum R14 LA
Documents affecting national security, defence or international relations
s 37Ains A2007‑5 s 13
Documents affecting personal privacy
s 41am A2007‑5 s 14; A2007‑3 amdt 3.265
Documents containing material obtained in confidence
s 45am A2007‑3 amdt 3.274
Certain documents arising out of companies and securities legislation
s 47am A1999‑66 sch 3
Electoral rolls and related documents
s 47Ains A1994‑15 s 12
Persons may make application for amendment of records
s 48am A2007‑5 s 15
Review of requests for amendments
s 51am A2008‑37 amdt 1.206
Taking of action—pt 6
s 53sub A2007‑3 amdt 3.266
Complaints to ombudsman
s 54am A2007‑3 amdt 3.267; A2008‑37 amdt 1.206
Reports made by the ombudsman
s 55am A1994‑38 sch 1; A1995‑25 sch; A2004‑9 amdt 1.21; A2007‑3 amdt 3.267; A2016‑52 amdt 1.88
Ombudsman may represent persons in proceedings before the ACAT
s 57 hdgam A2008‑37 amdt 1.206
s 57am A2008‑37 amdt 1.206
Certificates—acknowledgment about existence of documents not required
s 58 hdgsub A2007‑3 amdt 3.268
s 58am A2007‑5 s 18; A2009‑2 s 9
Internal review
s 59am A1992‑4 s 4; A1996‑30 s 7; A2001‑44 amdts 1.1858‑1.1860
Applications to ACAT
s 60 hdgam A2008‑37 amdt 1.206
s 60am A1994‑60 sch 1; A1996‑30 s 8; A2008‑37 amdt 1.194, amdt 1.206
Application to ACAT where decision delayed
s 61 hdgam A2008‑37 amdt 1.206
s 61am A2008‑37 amdt 1.206
Powers of ACAT
s 62 hdgam A2008‑37 amdt 1.206
s 62am A2007‑5 s 16, s 18; A2008‑37 amdt 1.206; A2009‑2 ss 10‑14; ss renum R14 LA
Proceedings on exercise of certain powers
s 63 hdgsub A2009‑2 s 15
s 63am A2007‑5 s 18; A2007‑3 amdt 3.269; A2008‑37 amdt 1.196, amdt 1.206; A2009‑2 ss 16-20
Constitution of ACAT for certain proceedings
s 64 hdgsub A2009‑2 s 21
s 64sub A2008‑37 amdt 1.195
am A2009‑2 s 22, s 23; A2016‑28 amdt 1.2, amdt 1.3
Hearing of certain proceedings before the ACAT
s 65 hdgam A2008‑37 amdt 1.206
s 65am A2007‑5 s 18; A2008‑37 amdt 1.196, amdt 1.206; A2009‑2 ss 24-27; pars renum R14 LA
Decisions by presidential member
s 66sub A2008‑37 amdt 1.197
Production to the ACAT of documents in relation to which a certificate has been issued
s 67 hdgam A2008‑37 amdt 1.206
s 67am A2007‑5 s 18; A2008‑37 amdt 1.206; A2009‑2 s 28, s 29
Review of certain decisions in respect of documents relating to the Commonwealth or a State
s 68am A2008‑37 amdt 1.206
Review of certain decisions in respect of documents relating to business affairs etc
s 69am A2008‑37 amdt 1.206
Review of certain decisions about documents relating to personal information
s 69Ains A2007‑5 s 17
am A2008‑37 amdt 1.206
Parties
s 70am A2008‑37 amdt 1.198, amdt 1.206; A2009‑2 s 30
Onus
s 71am A2008‑37 amdt 1.206
Notice of reasons etc—application of ACT Civil and Administrative Tribunal Act, div 4A.2 etc
s 72 hdgsub A2008‑37 amdt 1.199
s 72am A2008‑37 amdt 1.199, amdt 1.206
ACAT to ensure nondisclosure of certain matters
s 73 hdgam A2008‑37 amdt 1.206
s 73am A2008‑37 amdt 1.200, amdt 1.201, amdt 1.206
Production of exempt documents
s 74am A2007‑5 s 18; A2008‑37 amdt 1.202, amdt 1.203, amdt 1.206; ss renum R13 LA; A2009‑2 ss 31-34
Evidence of certificates
s 75am A2007‑5 s 18; A2008‑37 amdt 1.206; A2009‑2 s 35
ACAT may make recommendation that costs be available in certain cases
s 76 hdgam A2008‑37 amdt 1.206
s 76am A2008‑37 amdt 1.206
Protection against certain actions
s 77am A2007‑3 amdt 3.270
Protection in respect of offences
s 78am A2007‑3 amdt 3.270
Reports to Legislative Assembly
s 79am A1996‑30 s 9; R5 LA; A2004‑9 amdt 1.22; A2008‑37 amdt 1.206; A2011‑22 amdt 1.209; A2016‑52 amdt 1.89
Service of documents
s 79Ains A2007‑3 amdt 3.271
Determination of fees and charges
s 80sub A2001‑44 amdt 1.1861
am A2012‑21 amdt 3.84
Approved forms
s 81sub A2001‑44 amdt 1.1861
am A2007‑3 amdt 3.272; A2012‑21 amdt 3.84
Regulation-making power
s 82ins A2001‑44 amdt 1.1861
Dictionary
dictins A2007‑3 amdt 3.273
am A2008‑37 amdt 1.204; A2011‑22 amdt 1.210, amdt 1.211; A2012‑21 amdt 3.85; A2016‑52 amdt 1.90, amdt 1.91
def agency am A1994‑38 sch 1
reloc from s 4 A2007‑3 amdt 3.255
def applicant reloc from s 4 A2007‑3 amdt 3.255
def Australian archives sub A2007‑3 amdt 3.251
reloc from s 4 A2007‑3 amdt 3.255
defCommonwealth agency reloc from s 4 A2007‑3 amdt 3.255
def document reloc from s 4 A2007‑3 amdt 3.255
def enactment sub A2001‑44 amdt 1.1845
reloc from s 4 A2007‑3 amdt 3.255
def exempt document reloc from s 4 A2007‑3 amdt 3.255
def exempt matter reloc from s 4 A2007‑3 amdt 3.255
def officer reloc from s 4 A2007‑3 amdt 3.255
def official document reloc from s 4 A2007‑3 amdt 3.255
def personal information ins A2007‑5 s 4
reloc from s 4 A2007‑3 amdt 3.255
def prescribed authority am A1991‑3 sch; A1994‑10 s 5; A1995‑7 sch; A1996‑30 s 4; A2007‑3 amdt 3.352, amdt 3.353
reloc from s 4 A2007‑3 amdt 3.255
am A2015‑52 s 25; pars renum R18 LA; A2015‑1 amdt 1.3
def principal officer am A1994‑38 sch 1; A1995‑7 sch; A1996‑30 s 4; R5 LA
reloc from s 4 A2007‑3 amdt 3.255
am A2011‑22 amdt 1.212; A2015‑52 s 26; pars renum R18 LA
def request reloc from s 4 A2007‑3 amdt 3.255
def responsible Minister reloc from s 4 A2007‑3 amdt 3.255
def taking of action ins A2007‑3 amdt 3.273
def tribunal am A1994‑60 sch 1
reloc from s 4 A2007‑3 amdt 3.255
om A2008‑37 amdt 1.205
Earlier republications
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No Amendments to Republication date 1 A1991‑3 31 August 1991 2 A1992‑4 31 August 1993 3 A1994‑60 31 January 1995 4 A1996‑30 1 July 1996 5 A2001‑44 22 November 2001 6 A2002‑18 2 July 2003 7 A2004‑9 13 April 2004 8 A2006‑3 1 November 2006 9 A2006‑3 2 December 2006 10 A2007‑5 24 March 2007 11 A2007‑5 12 April 2007 12 A2007‑8 10 November 2007 13 A2008‑37 2 February 2009 14* A2009‑2 19 February 2009 15 A2011‑22 1 July 2011 16 A2012‑21 5 June 2012 17 A2015‑16 3 June 2015 18 A2015-52 10 December 2015 19 A2016-28 16 June 2016 20 A2016‑52 1 September 2016 21 A2016‑52 1 February 2017
© Australian Capital Territory 2018
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