Freedom of Information Act 2016 (ACT)
Freedom of Information Act 2016
A2016-55
Republication No 15
Effective: 2 January 2025
Republication date: 2 January 2025
Last amendment made by A2024‑47
(republication for expiry of provision (s 110))
About this republication
The republished law
This is a republication of the Freedom of Information Act 2016 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 January 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 2 January 2025.
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 $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Freedom of Information Act 2016
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
Part 2 Objects and important concepts
6 Objects of Act 4
7 Right of access to government information 4
8 Informal requests for government information 5
9 Promoting access to government information 5
10 Act not intended to prevent or discourage publication etc 5
11 Relationship with other laws requiring disclosure 5
11A Relationship with Assisted Reproductive Technology Act 2024 5
12 Relationship with Health Records (Privacy and Access) Act 1997 6
13 Relationship with Territory Records Act 2002 6
14 What is government information? 7
15 Meaning of agency 7
16 Meaning of contrary to the public interest information 8
17 Public interest test 9
Part 3 Information officers
18 Information officers—appointment 11
19 Information officers—functions 11
20 Information officers not subject to directions 12
21 Information officers may act for other agencies 12
22 Information officers may consult with other information officers 12
Part 4 Open access information
23 What is open access information? 13
24 Availability of open access information 16
25 Open access information—quality of information 17
26 Open access information—deletion of contrary to the public interest information 18
27 Open access information—effect of policy documents not being available 19
28 Requirement for disclosure log 19
29 Agency publication undertakings 21
Part 5 Access applications
Division 5.1 Making access applications
30 Making access application 22
31 Application not in accordance with requirements 23
32 Notice of date application received 23
Division 5.2 Deciding access applications
33 Who deals with access applications 23
34 Deciding access—identifying information within scope of application 24
35 Deciding access—how applications are decided 25
36 Deciding access—additional government information 26
37 Deciding access—considering applicant’s views on public interest 26
38 Deciding access—relevant third parties 26
39 Deciding access—decision not made in time taken to be refusal to give access 29
40 Deciding access—time to decide 30
41 Deciding access—respondent may ask for additional time to decide 31
42 Deciding access—extension of time given by ombudsman 33
Division 5.3 Refusing to deal with applications
43 Refusing to deal with application—general 35
44 Refusing to deal with application—unreasonable and substantial diversion of resources 36
45 Refusing to deal with application—information already available to applicant 37
46 Refusing to deal with application—consulting applicant before refusing to deal with certain applications 37
Division 5.4 Giving access to information
47 Giving access—form of access 38
48 Giving access—access to be unconditional 40
49 Giving access—deferral of access 40
50 Giving access—deletion of contrary to the public interest information 41
Division 5.5 Notice of access decisions and reasons
51 Notice of decision to be given 41
52 Content of notice—access to information given 41
53 Content of notice—information not held by respondent 42
54 Content of notice—refusing to give access to information 43
55 Content of notice—refusal to deal with application 44
56 Content of notice—refusing to confirm or deny existence of information 44
Division 5.6 Access applications for information held by other agencies or Ministers
57 Transfer of access applications 45
58 Access applications if two or more agencies or Ministers hold relevant information 46
Part 6 Amendment of personal information
59 Requesting amendment of personal information 48
60 Who deals with requests to amend personal information 49
61 Deciding requests to amend personal information 49
62 Time to decide request 49
63 Notifying person affected of decision 50
Part 7 Role of ombudsman
Division 7.1 Ombudsman functions and general powers
64 Ombudsman—functions 51
65 Open access information declarations 52
66 Guidelines for Act 53
67 Annual report on operation of Act 53
68 Access to information for ombudsman review 53
Division 7.2 Complaints to ombudsman
69 Complaints to ombudsman 54
Part 8 Notification and review of decisions
Division 8.1 Review of decisions—definitions and notices
70 Definitions—pt 8 55
71 FOI reviewable decision notices and reviewable decision notices 55
72 Onus 56
Division 8.2 Ombudsman review
73 Ombudsman review of certain decisions 56
74 Applications for ombudsman review 57
75 Notice of ombudsman review 58
76 Decision-maker to tell relevant third parties etc 58
77 Participants in ombudsman reviews 59
78 Ombudsman review—extension of time when decision not made in time 59
79 Notice to give information or attend ombudsman review 60
80 Ombudsman direction to conduct further searches 61
80A Informal resolution 61
81 Mediation for applications 62
82 Ombudsman review 63
83 Questions of law to ACAT 65
Division 8.3 ACAT review
84 Review of decisions by ACAT 65
85 Participants in review by ACAT 66
86 ACAT direction to conduct further searches 66
Division 8.4 Costs of review by ACAT or appeal to Supreme Court
87 Costs of review by ACAT 67
88 Costs of appeal to Supreme Court 67
Part 9 Offences
89 Making decision contrary to Act 68
90 Giving direction to act contrary to Act etc 68
92 Failing to identify information 69
93 Improperly influencing exercise of function 69
94 Gaining unlawful access to government information 69
Part 10 Miscellaneous
95 Annual statements by Chief Minister 70
96 Annual reports to Legislative Assembly 70
97 How government information to be published 72
98 Access applications taken not to include application for access to metadata 73
99 Administrative unit entitled to access information of entity performing regulatory function 74
100 Agency entitled to access to information about government contracts 74
101 Government information of abolished agencies 75
102 Transfer of Ministerial responsibility 76
103 Protection from liability 76
104 Determination of fees 77
105 No fees for certain matters 77
106 Fee estimate 78
107 Fee waiver 79
108 Approved forms 80
109 Regulation-making power 81
Schedule 1 Information disclosure of which is taken to be contrary to the public interest 82
1.1 Information disclosure of which would be contempt of court or Legislative Assembly etc 82
1.1A Information in possession of a court or tribunal 83
1.1B Information related to integrity commission matters 83
1.2 Information subject to legal professional privilege 84
1.3 Information disclosure of which is prohibited under law 84
1.4 Sensitive information 85
1.5 Information in possession of auditor-general 85
1.6 Cabinet information 85
1.7 Examinations under Australian Crime Commission (ACT) Act 2003 86
1.8 Information in possession of human rights commission 86
1.9 Identities of people making disclosures 87
1.10 Information relating to requests to cost election commitments 87
1.11 Information in electoral rolls and related documents 87
1.12 Information in possession of ombudsman 88
1.13 National, Territory or State security information 88
1.14 Law enforcement or public safety information 89
1.15 Information in possession of custodial inspector 91
1.16 Information in the possession of the ACT national preventive mechanism 91
Schedule 2 Factors to be considered when deciding the public interest 92
2.1 Factors favouring disclosure in the public interest 92
2.2 Factors favouring nondisclosure in the public interest 94
2.3 Meaning of eligible family member—sch 2 96
Schedule 3 Reviewable decisions 97
Dictionary98
Endnotes
1 About the endnotes 101
2 Abbreviation key 101
3 Legislation history 102
4 Amendment history 105
5 Earlier republications 109
6 Expired transitional or validating provisions 110
Freedom of Information Act 2016
An Act to give public access to government information, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Freedom of Information Act 2016.
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, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘public official—see the Criminal Code, section 300.’ means that the term ‘public official’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) 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)).
Notes
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.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Part 2Objects and important concepts
Objects of Act
The objects of this Act are to—
(a)provide a right of access to government information unless access to the information would, on balance, be contrary to the public interest; and
(b)recognise the importance of public access to government information for the proper working of representative democracy; and
(c)enable the public to participate more effectively in government processes and to promote improved decision-making within government; and
(d)make the people and bodies that are responsible for governing the Territory more accountable to the public; and
(e)ensure that, to the fullest extent possible, government information is freely and publicly available to everyone; and
(f)facilitate and promote, promptly and at the lowest reasonable cost, the disclosure of the maximum amount of government information; and
(g)ensure that personal information held by the Territory is accurate, complete, up-to-date and not misleading.
Right of access to government information
(1)Subject to this Act, every person has an enforceable right to obtain access under this Act to government information.
(2)This section applies to information even if it came into existence before the commencement of this Act.
Informal requests for government information
(1)An agency is authorised to release government information held by the agency to a person in response to an informal request by the person.
(2)This section is subject to a provision of another law that prohibits the disclosure of information.
Promoting access to government information
It is the intention of the Legislative Assembly that this Act be administered with a pro-disclosure bias and discretions given under it be exercised as far as possible in favour of disclosing government information.
Act not intended to prevent or discourage publication etc
This Act is not intended to prevent or discourage agencies or Ministers from publishing or giving access to government information (including contrary to the public interest information) otherwise than under this Act.
Relationship with other laws requiring disclosure
This Act does not affect the operation of any other law that—
(a)requires government information to be made available to the public; or
(b)enables a member of the public to obtain access to government information; or
(c)requires publication of government information.
11ARelationship with Assisted Reproductive Technology Act 2024
This Act does not apply to information kept in the donor register under the Assisted Reproductive Technology Act 2024.
Relationship with Health Records (Privacy and Access) Act 1997
This Act does not apply to information in a health record under the Health Records (Privacy and Access) Act 1997.
Relationship with Territory Records Act 2002
(1)This Act does not apply to—
(a)a record of an agency if a person is entitled to access the record under the Territory Records Act 2002, part 3 (Agency records—access); or
(b)an accessible executive record.
(2)If the director makes a declaration under the Territory Records Act 2002, section 28 (Declaration applying provisions of FOI Act) in relation to a record, this Act applies to the record while the declaration is in force.
NoteUnless sooner revoked, a declaration under the Territory Records Act 2002, s 28 is in force for 10 years or any shorter period stated in the declaration.
(3)If the principal officer makes a release restraint determination under the Territory Records Act 2002, section 31G (2) (b) (Release delayed or denied) in relation to a record, this Act applies to the record while the determination is in force.
(4)In this section:
accessible executive record—see the Territory Records Act 2002, section 31B.
director—see the Territory Records Act 2002, dictionary.
principal officer, of an agency—see the dictionary.
record—see the Territory Records Act 2002, dictionary.
What is government information?
In this Act:
government information—
(a)means information held by an agency or Minister; but
(b)does not include information—
(i)relating to a Minister’s personal or political activities; or
(ii)created or received by a Minister in the Minister’s capacity as a member of the Legislative Assembly.
held—information is held by an agency or Minister if it is—
(a)contained in a record held by the agency or Minister; or
(b)contained in a record that the agency or Minister is entitled to access.
Meaning of agency
(1)In this Act:
agency means—
(a)an administrative unit; or
(b)a statutory office-holder and the staff assisting the statutory office-holder; or
(c)a territory authority; or
(d)a territory instrumentality; or
(e)a territory-owned corporation or a subsidiary of a territory‑owned corporation; or
(f)the Office of the Legislative Assembly; or
(g)an officer of the Assembly; or
(h)the Supreme Court; or
(i)the Magistrates Court or Coroner’s Court; or
(j)the ACAT; or
(k)a board of inquiry under the Inquiries Act 1991; or
(l)a judicial commission under the Judicial Commissions Act 1994; or
(m)a royal commission under the Royal Commissions Act 1991; or
(n)an entity prescribed by regulation.
(2)In this section:
territory authority means a body established for a public purpose under an Act or statutory instrument but does not include—
(a)the judicial council established under the Judicial Commissions Act 1994, section 5A; or
(b)the law society established under the Legal Profession Act 2006, section 576.
territory instrumentality means a corporation that is established under an Act or statutory instrument, or under the Corporations Act, and—
(a)is comprised of people, or has a governing body comprised of people, a majority of whom are appointed by a Minister or an agency or instrumentality of the Territory; or
(b)is subject to control or direction by a Minister.
Meaning of contrary to the public interest information
(1)For this Act, information is contrary to the public interest information if—
(a)it is taken to be contrary to the public interest to disclose under schedule 1; or
(b)disclosing the information would, on balance, be contrary to the public interest under the test set out in section 17.
(2)However, information mentioned in schedule 1 (other than exempt information) is not taken to be contrary to the public interest information if it identifies—
(a)corruption; or
(b)the commission of an offence by a public official; or
(c)that the scope of a law enforcement investigation has exceeded the limits imposed by law.
(3)In this section:
exempt information means information that is taken to be contrary to the public interest to disclose under the following sections:
(a)schedule 1, section 1.1B (Information related to integrity commission matters);
(b)schedule 1, section 1.2 (Information subject to legal professional privilege).
Public interest test
(1)An agency or Minister, in deciding whether disclosure of information would, on balance, be contrary to the public interest, must take the following steps:
(a)identify any factor favouring disclosure that applies in relation to the information (a relevant factor favouring disclosure), including any factor mentioned in schedule 2, section 2.1;
(b)identify any factor favouring nondisclosure that applies in relation to the information (a relevant factor favouring nondisclosure), including any factor mentioned in schedule 2, section 2.2;
(c)balance any relevant factor or factors favouring disclosure against any relevant factor or factors favouring nondisclosure;
(d)decide whether, on balance, disclosure of the information would be contrary to the public interest;
(e)unless, on balance, disclosure would be contrary to the public interest, allow access to the information subject to this Act.
(2)The following factors must not be taken into account when deciding whether disclosure of information would, on balance, be contrary to the public interest:
(a)access to the information could result in embarrassment to the government, or cause a loss of confidence in the government;
(b)access to the information could result in a person misinterpreting or misunderstanding the information;
(c)the author of the information was (or is) of high seniority in an agency;
(d)access to the information could result in confusion or unnecessary debate;
(e)access to the information could inhibit frankness in the provision of advice from the public service;
(f)the applicant’s identity, circumstances, or reason for seeking access to the information.
(3)Despite subsection (2) (f), the applicant’s identity, circumstances, and reason for seeking access to the information may be taken into account if—
(a)the information requested is personal information; and
(b)the personal information is not about the applicant.
Part 3Information officers
Information officers—appointment
(1)The principal officer of an agency must appoint a person as the agency’s information officer for this Act.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(2)An appointment is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Information officers—functions
(1)The information officer of an agency has the following functions:
(a)to deal with access applications made to the agency under part 5;
(b)at the request of the principal officer of another agency—to deal with access applications made to the other agency under part 5;
(c)to deal with requests made of the agency under part 6;
(d)to ensure that the agency meets its obligation to publish open access information under part 4;
(e)to consider the appropriateness of the agency’s publication undertakings under part 4;
(f)to proactively consider whether and how public access may be given to other government information held by the agency.
(2)An information officer may delegate a function mentioned in subsection (1) (a), (b) or (c) to a staff member in the information officer’s agency.
(3)However, the information officer must not delegate the function of—
(a)deciding an access application; or
(b)refusing to deal with an application; or
(c)deciding a request to amend personal information.
Information officers not subject to directions
(1)An information officer of an agency is not subject to direction in the exercise of a function under this Act unless the direction is given under subsection (2).
(2)The following people may direct the information officer of an agency to disclose information:
(a)the Minister responsible for the agency;
(b)the principal officer of the agency.
Information officers may act for other agencies
The information officer of an agency may, at the request of the principal officer of another agency, deal with an access application made to the other agency.
Information officers may consult with other information officers
(1)An information officer may, in the exercise of a function under this Act, consult with another information officer.
(2)In consulting with another information officer under subsection (1), an information officer is authorised to disclose government information that relates to the exercise of the function.
Part 4Open access information
What is open access information?
(1)In this Act:
open access information, of an agency, means government information held by the agency that came into existence on or after 1 January 2018 and that is or is in 1 or more of the following:
(a)functional information including a statement setting out particulars of the agency, including agency structure, functions, kinds of government information held and how requests for information may be made;
(b)information about the agency or the work of the agency contained in any document tabled in the Legislative Assembly by or for the agency;
(c)the agency’s policy documents;
(d)budget papers and Appropriation Acts presented to the Legislative Assembly under the Financial Management Act 1996;
(e)information about government grants made or administered by the agency;
(f)the agency’s disclosure log;
NoteDisclosure log—see s 28.
(g)a statement listing all boards, councils, committees, panels and other bodies that have been established by the agency (whether under an Act or otherwise) for the purpose of advising the agency or a Minister responsible for the agency;
(h)any report or recommendation prepared by a body mentioned in paragraph (g);
(i)any of the following ministerial briefs prepared by the agency that are 5 or more years old:
(i)incoming ministerial briefs;
(ii)parliamentary estimates briefs;
(iii)annual reports briefs;
(iv)question time briefs;
(j)information an agency undertakes to make publicly available under section 29 (Agency publication undertakings);
(k)information declared by the ombudsman to be open access information;
NoteSee s 65 (Open access information declarations).
(l)information prescribed by regulation.
open access information, of a Minister—
(a)means government information held by the Minister that came into existence on or after 1 January 2018 and is, or is in, 1 or more of the following:
(i)the Minister’s disclosure log;
(ii)information about ministerial and ministerial staff travel and hospitality expenses;
(iii)a copy of the Minister’s diary that sets out all meetings, events and functions attended by the Minister that relate to the Minister’s responsibilities;
(iv)information declared by the ombudsman to be open access information;
(v)information prescribed by regulation; and
(b)for the Chief Minister—
(i)includes the following information about each Cabinet or Cabinet committee decision made after the commencement of this Act:
(A)a summary of the decision;
(B)the decision reference number;
(C)the date when the decision was made;
(D)the wellbeing impact assessment for the decision on ACT Government priorities and emerging issues; but
(ii)does not include information about a decision of Cabinet or a Cabinet committee in relation to a proposed budget for the Territory if the proposed budget has not been presented to the Legislative Assembly under the Financial Management Act 1996, section 10 (Budget papers).
(2)In this section:
policy document—
(a)includes any of the following:
(i)a document containing interpretations, rules, guidelines, statements of policy, practices or precedents;
(ii)a document containing a statement about how an Act or administrative scheme is to be administered;
(iii)a document describing the procedures to be followed in investigating a contravention or possible contravention of an Act or administrative scheme;
(iv)another document of a similar kind used to assist the agency to exercise its functions; but
(b)does not include a draft of a document mentioned in paragraph (a).
Availability of open access information
(1)An agency or Minister must make open access information of the agency or Minister publicly available unless the information is contrary to the public interest information.
NoteContrary to the public interest information—see s 16.
(2)If open access information is not made available because it is contrary to the public interest information, the agency or Minister must publish—
(a)a description of the information unless the disclosure of the description would, or could reasonably be expected to—
(i)endanger the life or physical safety of a person; or
(ii)be an unreasonable limitation on a person’s rights under the Human Rights Act 2004; or
(iii)significantly prejudice an ongoing criminal investigation; and
(b)for information not made available because it is taken to be contrary to the public interest to disclose the information under schedule 1—
(i)the ground under schedule 1 for the nondisclosure; and
(ii)the findings on any material questions of fact referring to the evidence or other material on which the findings were based; and
(c)for information not made available because disclosure of the information would, on balance, be contrary to the public interest under the test set out in section 17, a statement of reasons for the decision setting out—
(i)the findings on any material questions of fact referring to the evidence or other material on which the findings were based; and
(ii)the relevant factors favouring disclosure; and
(iii)the relevant factors favouring nondisclosure; and
(iv)how the factors were balanced; and
(v)the harm to the public interest that can reasonably be expected to occur from the disclosure; and
(d)a statement that a person may apply to the ombudsman for review of a decision not to make open access information publicly available; and
(e)a statement on how to make the application for review of the decision; and
(f)a statement of the other options available under ACT laws to have the decision reviewed.
(3)If open access information is not made available because it is contrary to the public interest information and the agency or Minister decides not to publish a description of the information for a reason mentioned in subsection (2) (a), the agency or Minister must tell the ombudsman about the decision and the reason for it.
Open access information—quality of information
Open access information published by an agency or Minister must as far as practicable be accurate, up-to-date and complete.
Open access information—deletion of contrary to the public interest information
(1)This section applies if—
(a)a record containing open access information of an agency or Minister also contains contrary to the public interest information; and
(b)it is practicable to make publicly available a copy of the record from which the contrary to the public interest information has been deleted.
(2)The agency or Minister must—
(a)make a copy of the record publicly available; and
(b)publish a statement that the original record contained contrary to the public interest information that has been deleted from the copy.
(3)However, subsection (2) does not apply to the agency if—
(a)the record is a policy document of the agency; and
(b)the information, other than the contrary to the public interest information, contained in the record has been otherwise made publicly available.
(4)In this section:
policy document—see section 23 (2).
Open access information—effect of policy documents not being available
A person must not be subjected to any prejudice because of the application of the provisions of an agency’s policy document (other than provisions it is permitted to delete from a copy of the document) to any act or omission of the person if, at the time of the act or omission—
(a)the policy document was not publicly available; and
(b)the person was not aware of the provisions of the policy document; and
(c)the person could lawfully have avoided the prejudice had the person been aware of the provisions.
Requirement for disclosure log
(1)An agency and Minister must keep a record of access applications dealt with by the agency or Minister (a disclosure log).
(2)The disclosure log must include the following for each access application:
(a)the access application;
(b)the decision notice or notices given under section 51;
(c)if government information was given to the applicant in response to the application—the information;
(d)if additional government information was given to the applicant under section 36—the information;
(e)a statement of—
(i)the amount of any fees paid or waived in relation to the application; and
(ii)the amount of time spent dealing with the application;
(f)details of any decision made by the ombudsman in relation to the application;
(g)any additional information the ombudsman decides to disclose when making a decision mentioned in paragraph (f);
(h)details of any decision made by the ACAT in relation to the application;
(i)any additional information the ACAT decides to disclose when making a decision mentioned in paragraph (h).
(3)If an agency or Minister decides not to disclose government information in response to an access application, the disclosure log must also include a statement about—
(a)who may apply to the ombudsman for review of the decision; and
(b)how to make the application for review of the decision; and
(c)the other options available under ACT laws to have the decision reviewed.
(4)The information required to be recorded in the disclosure log under subsections (2) and (3) must be included in the disclosure log not earlier than 3, and not later than 10, working days after the day the decision notice is given to the applicant.
(5)An agency’s disclosure log may also include government information released by the agency in response to an informal request.
(6)A disclosure log must not include—
(a)an access application for personal information; or
(b)information about an applicant’s business, commercial, financial or professional affairs, the publication of which would be unreasonable in the circumstances.
Example
information about unsubstantiated food safety allegations made against the applicant’s business, the publication of which could unduly damage the reputation of the applicant’s business
Agency publication undertakings
(1)An agency may publish a statement setting out the kinds of government information it holds, that would not otherwise be open access information, that the agency will make publicly available (a publication undertaking).
NoteInformation an agency undertakes to make publicly available becomes open access information (see s 23 (1) (j)).
(2)Every 12 months an agency must review its publication undertaking or, if the agency does not have a publication undertaking, consider whether it has information it could include in a publication undertaking.
Part 5Access applications
Division 5.1 Making access applications
Making access application
(1)A person may apply for access to government information to the agency or Minister responsible for the information.
Note 1If a form is approved under s 108 for an application, the form must be used.
Note 2A fee may be determined under s 104 for an application.
(2)The application must include—
(a)enough detail to enable an agency or Minister to identify the government information applied for; and
(b)an email or postal address to which notices under this Act may be sent to the applicant.
(3)If the application is for access to personal information about the applicant, the application must also include—
(a)evidence of identity for the applicant; and
(b)if an agent is acting for the applicant—evidence of the agent’s authorisation and evidence of identity for the agent.
Examples—agent’s authorisation
1 the ACAT order appointing the agent as the applicant’s guardian
2 the client agreement authorising a lawyer to act for the applicant
(4)The application may include a statement of the applicant’s views on the public interest in disclosing the information.
Application not in accordance with requirements
(1)This section applies if an agency or Minister receives an application that does not comply with the requirements under section 30.
(2)The agency or Minister must take reasonable steps to assist the person and give the person reasonable time to make the application comply.
(3)The application is taken to have been made when it is made in accordance with the requirements.
(4)The agency or Minister need not deal further with the application if, despite the agency or Minister taking reasonable steps and giving the person reasonable time (but not less than 3 months) under subsection (2), the application is still not made in accordance with the requirements under section 30.
Notice of date application received
(1)An agency or Minister that receives an application complying with the requirements under section 30 must give the applicant written notice of—
(a)the day on which the application was received; and
(b)the date by which a decision is to be made (unless additional time is given under section 40, section 41 or section 42).
(2)The notice must be given to the applicant as soon as practicable but in any case not later than 10 working days after the day the application was received.
Division 5.2 Deciding access applications
Who deals with access applications
(1)An access application made to an agency must be dealt with by—
(a)the information officer of the agency; or
(b)at the request of the principal officer of the agency—the information officer of another agency.
(2)An access application made to a Minister may be dealt with by the person the Minister directs.
Deciding access—identifying information within scope of application
(1)An agency or Minister deciding an access application (the respondent) must take reasonable steps to identify all government information within the scope of the application.
(2)The respondent is not required to search for the information from a backup system (but may if appropriate).
(3)The respondent may, at any time, contact the applicant to clarify the scope of the application (a clarification request).
(4)The respondent may suspend an access application if—
(a)the respondent has taken all reasonable steps to contact the applicant about a clarification request; and
(b)either—
(i)the respondent is unable to contact the applicant; or
(ii)the applicant does not respond to the clarification request.
(5)If the access application is suspended, the respondent must, in writing, tell the applicant—
(a)that the application has been suspended; and
(b)about the effect of subsection (6).
(6)The respondent—
(a)must decide the application if the applicant responds to the clarification request within 6 weeks after the request was made; but
(b)need not deal further with the application if it is suspended under subsection (4) for 6 weeks or longer.
(7)Subsection (6) (b) does not prevent the applicant from making another access application for the same information.
Deciding access—how applications are decided
(1)The respondent decides an access application for government information by deciding—
(a)to give access to the information; or
(b)that the information is not held by the respondent; or
(c)to refuse to give access to the information because the information is contrary to the public interest information; or
(d)to refuse to deal with the application (see section 43); or
(e)to refuse to confirm or deny that the information is held by the respondent because—
(i)the information is contrary to the public interest information; and
(ii)doing so would, or could reasonably be expected to—
(A)endanger the life or physical safety of a person; or
(B)be an unreasonable limitation on a person’s rights under the Human Rights Act 2004; or
(C)significantly prejudice an ongoing criminal investigation.
(2)An access application may be decided in more than 1 way.
Deciding access—additional government information
(1)This section applies if, after deciding an access application, the respondent finds additional government information that was held by the respondent when the application was decided.
(2)The respondent may make a further decision under section 35 in relation to the additional information.
(3)If the respondent does not make a further decision in relation to the additional information, the respondent must tell the applicant that—
(a)additional information has been found; and
(b)an access application for the additional information may be made; and
(c)no fee is payable for the application, but a fee may be payable for any additional information provided.
Deciding access—considering applicant’s views on public interest
In deciding an access application, the respondent must consider any statement in the application of the applicant’s views on the public interest in disclosing the government information applied for.
Deciding access—relevant third parties
(1)This section applies if the respondent to an access application considers that—
(a)some or all of the government information applied for is not contrary to the public interest information; but
(b)disclosure of the information may reasonably be expected to be of concern to a person or another entity other than the Territory (a relevant third party).
(2)The respondent must take reasonable steps to consult with the relevant third party before deciding to give access to the information.
(3)Disclosure of government information may reasonably be expected to be of concern to a relevant third party if—
(a)for a relevant third party that is an individual—
(i)the information is personal information about the individual; or
(ii)the disclosure of the information would, or could reasonably be expected to, affect the person’s rights under the Human Rights Act 2004; or
(b)for a relevant third party that is a government or government agency—the information concerns the affairs of the government or agency; or
(c)the information concerns the trade secrets, business affairs, or research of the relevant third party.
(4)If disclosure of government information may reasonably be expected to be of concern to a person because the information is personal information about the person but the person is deceased, subsection (2) applies as if an eligible family member of the person were a relevant third party.
(5)The respondent, in consulting with a relevant third party, must—
(a)ask the relevant third party whether it objects to the disclosure of the government information; and
(b)if the relevant third party objects to the disclosure—invite the relevant third party to provide its views, within 10 working days, on whether the information is contrary to the public interest information; and
(c)tell the relevant third party that if access is given to the information in response to the application, the information (other than personal information) will be made available to the public through the disclosure log of the respondent under section 28.
(6)After obtaining the views of a relevant third party, the respondent must—
(a)tell the relevant third party of the respondent’s decision on the access application; and
(b)if the relevant third party has told the respondent that it objects to the disclosure of the government information—defer giving access to the information of concern to the relevant third party until after—
(i)the respondent is given written notice by the relevant third party that it does not intend to make an application for review of the decision; or
(ii)if notice is not given under subparagraph (i) and no application for review under part 8 is made by the end of the review period—the end of the review period; or
(iii)if an application for review under part 8 is made during the review period—the review has ended.
(7)The respondent must give the applicant written notice when access is no longer deferred under subsection (6) (b).
(8)In this section:
eligible family member, of a deceased person—see schedule 2 (Factors to be considered when deciding the public interest), section 2.3.
review period means the period within which an application for review under part 8 may be made.
Deciding access—decision not made in time taken to be refusal to give access
(1)If a respondent does not decide an access application within the time allowed under section 40 or extended under section 41 or section 42, the respondent—
(a)is taken to have decided to refuse to give access to the government information applied for; and
(b)must refund any fee paid by the applicant relating to the application; and
(c)must give written notice to the ombudsman that a decision relating to the application was not made within time.
(2)Also, the respondent must give written notice to the ombudsman that a decision relating to an access application was not made within the time allowed if—
(a)under section 78, the ombudsman extends the time for the respondent to decide the access application (the extended time); and
(b)the respondent does not decide the access application within the extended time.
(3)However, the respondent may continue to deal with the application and give notice of a decision on the application.
(4)If notice is given to the ombudsman under subsection (1) (c), the relevant Minister must ensure that a copy of the notice is presented to the Legislative Assembly within 6 sitting days after the access application (including any review or appeal) is finally decided.
(5)Subsection (4) does not apply if—
(a)the ombudsman extended the time for the respondent to decide the access application under section 78; or
(b)the access application is only for personal information.
(6)In this section:
relevant Minister means—
(a)for a notice relating to an access application for which a Minister is the respondent—the Minister; or
(b)for a notice relating to an access application for which an agency is the respondent—the Minister responsible for the agency.
Deciding access—time to decide
(1)A respondent to an access application must decide the application not later than 30 working days after the day of receiving the application.
(2)The period under subsection (1) is extended by—
(a)if the respondent consults with a relevant third party under section 38—15 working days; or
(b)if the respondent makes a clarification request under section 34 (3)—the number of working days the applicant takes to respond to the clarification request; or
(c)if the respondent gives notice to the applicant under section 46 (1) (a)—the consultation period under section 46 (4) for the application; or
(d)if the respondent contacts the applicant under section 106 (2)—the number of working days the applicant takes to confirm or vary the application; or
(e)if the applicant makes an application to the agency or Minister to waive a fee under section 107—the number of working days the agency or Minister takes to decide the waiver application; or
(f)if the period includes 1 or more Christmas shutdown days—the number of Christmas shutdown days.
Example—par (b)
The respondent receives an access application on 1 February. The respondent contacts the applicant to clarify an aspect of the application and the applicant gives the respondent an answer 10 working days later. The respondent must decide the application not later than 40 working days after 1 February, being the 30 working days allowed under section 40 (1) plus the 10 working days the applicant took to answer the clarification request.
(3)In this section:
Christmas shutdown day means a working day that falls on 27, 28, 29, 30 or 31 December in a year.
Deciding access—respondent may ask for additional time to decide
(1)A respondent to an access application may ask the applicant for an additional stated amount of time to decide the application.
(2)The request must be made—
(a)before the end of the period for deciding the application under section 40; or
(b)for a second or subsequent request—before the end of the additional time last granted.
(3)The respondent may decide the application before the end of the additional time requested if—
(a)the total period for deciding the application would, if the request is agreed to, be not more than 12 months; and
(b)the applicant agrees, or is taken to agree, to the request.
(4)For subsection (3) (b), an applicant is taken to agree to a request if—
(a)the applicant has not, within 7 working days after the request is made, refused the request; and
(b)the respondent has not received notice that the applicant has applied for review under part 8.
(5)The respondent may decide the application before the end of the additional time requested if—
(a)the total period for deciding the application would, if the request is agreed to, be more than 12 months but not more than 24 months; and
(b)both of the following apply:
(i)the applicant agrees to the request;
(ii)the respondent agrees to deal with the application progressively.
Example—par (ii)
the respondent provides information progressively
(6)The respondent must not ask the applicant for additional time to decide an access application if the total period for deciding the application would, if the request is agreed to, be more than 24 months.
(7)In this section:
total period, to decide an access application, means the period—
(a)beginning on the day the respondent receives the application; and
(b)ending on the day the respondent decides the application.
Deciding access—extension of time given by ombudsman
(1)A respondent to an access application may apply to the ombudsman for an extension of time to decide the application if—
(a)the respondent has asked the applicant for an additional stated amount of time under section 41 (1) and—
(i)the applicant has refused the request under section 41 (3); or
(ii)the applicant has not agreed to the request under section 41 (5); or
(b)section 41 (6) prevents the respondent from asking the applicant for an additional amount of time to decide the application.
(2)The application to the ombudsman must be made—
(a)before the end of the period for deciding the application under section 40; or
(b)if the time to decide the application has already been extended under section 41 or this section—before the end of the additional time last granted.
(3)The ombudsman may, on application under subsection (1), extend the time to decide an access application if the ombudsman believes it is not reasonably possible for the respondent to deal with the application within the period for deciding the application under section 40 or the period as extended under section 41 or this section because—
(a)the application involves dealing with a large volume of information; or
(b)the application is complex; or
(c)there are other exceptional circumstances.
Example—complex application
multiple, conflicting public interest factors apply to the information covered by the application and extensive third party consultation is required
Example—exceptional circumstances
at a point in time, the volume or complexity of applications significantly exceeds the resources available to the respondent to deal with applications
(4)The ombudsman may extend the time to decide the access application for the period the ombudsman considers reasonable in the circumstances, having regard to—
(a)the objects of this Act; and
(b)the importance of encouraging timely resolution of access applications.
(5)The ombudsman may extend the time to decide the access application subject to conditions.
Examples—conditions
1 the respondent provides the ombudsman with regular updates on progress with the application
2 the respondent agrees to a timetable to progress the application
3 the respondent provides information progressively
(6)The ombudsman may cancel or amend an extension under subsection (4) if—
(a)the ombudsman considers it appropriate, having regard to the matters mentioned in subsection (4); or
(b)the respondent has not complied with a condition under subsection (5).
(7)The ombudsman must tell the respondent and the applicant about any extension, or cancellation or amendment of an extension, under this section.
Division 5.3 Refusing to deal with applications
Refusing to deal with application—general
(1)A respondent may refuse to deal with an access application wholly or in part only if—
(a)dealing with the application would require an unreasonable and substantial diversion of the respondent’s resources (see section 44); or
(b)the application is frivolous or vexatious; or
Example—vexatious application
an application made only to annoy or unreasonably interfere with the respondent’s operations, or for an improper purpose
(c)the application involves an abuse of process; or
(d)the government information is already available to the applicant (see section 45); or
(e)the access application is expressed to relate to government information of a stated kind and government information of that kind is taken to be contrary to the public interest to disclose under schedule 1; or
(f)an earlier access application for the same government information—
(i)was made in the 12 months before the application was made; and
(ii)access to the information was refused; and
(iii)the relevant public interest factors are materially the same as those considered in deciding the earlier application.
(2)A respondent is entitled to consider 2 or more applications as 1 application if the applications are related and are made by the same applicant or by people acting together in relation to the applications.
(3)An applicant is not entitled to a refund of any application fee paid if the respondent refuses to deal with the application.
(4)In this section:
abuse of process includes—
(a)harassment or intimidation of a person; and
(b)an unreasonable request for personal information about a person.
Refusing to deal with application—unreasonable and substantial diversion of resources
(1)For section 43 (1) (a), dealing with an access application would require an unreasonable and substantial diversion of the respondent’s resources only if—
(a)the resources required to identify, locate, collate and examine any information held by the respondent, including the resources required in obtaining the views of relevant third parties under section 38, would substantially inhibit the ability of the respondent to exercise its functions; and
(b)the extent to which the public interest would be advanced by giving access to the information does not justify the use of the required resources.
(2)For subsection (1), the respondent—
(a)is not required to have regard to any extension by agreement between the applicant and the respondent of the period within which the application is required to be decided; and
(b)must not have regard to—
(i)any reasons the applicant gives for applying for access; or
(ii)the respondent’s belief about the applicant’s reasons for applying for access.
Refusing to deal with application—information already available to applicant
For section 43 (1) (d), government information is already available to the applicant only if the information—
(a)is publicly available; or
(b)is available to the applicant from, or for inspection at, a place the respondent, another agency or Minister operates, free of charge; or
(c)is available as part of a public register established under a territory law; or
(d)is available to the applicant because it has been produced in accordance with a subpoena or court order; or
(e)has previously been given to the applicant under this Act or the Freedom of Information Act 1989 (repealed); or
(f)has otherwise previously been given to the applicant; or
(g)is usually available for purchase.
Refusing to deal with application—consulting applicant before refusing to deal with certain applications
(1)Before refusing to deal with an access application on a ground mentioned in section 43 (1) (a), (b), (c), (e) or (f), the respondent must—
(a)tell the applicant, in writing, of—
(i)the intention to refuse to deal with the application; and
(ii)the ground for refusal; and
(iii)the period for consultation on the proposed refusal (the consultation period); and
(b)give the applicant—
(i)a reasonable opportunity to consult with the respondent and to provide any additional information relevant to the application during the consultation period; and
(ii)any information that may assist the applicant make an application in a form that would remove the ground for refusal.
(2)After any consultation with the respondent, the applicant may give the respondent an amended application.
(3)If an amended application is given to the respondent under subsection (2), the original application is taken to have been made at the time the amended application is given.
(4)In this section:
consultation period means—
(a)the period of 10 working days starting on the day after the day the notice was given under subsection (1) (a); or
(b)any longer period agreed between the respondent and the applicant before or after the end of the 10 working days.
Division 5.4 Giving access to information
Giving access—form of access
(1)Access to government information under this part may be given to a person in 1 or more of the following ways:
(a)by giving a copy of an electronic record containing the information;
(b)by giving a printed copy of the record containing the information;
(c)if the information is contained in a sound recording or a record in which words are in shorthand writing or in a codified form—by giving a written transcript of words contained in the record;
(d)if the application relates to information that is not contained in a written record held by an agency or Minister—by providing a written document using equipment usually available to the agency or Minister for retrieving or collating stored information.
(2)For subsection (1) (a) to (c), a reference to government information or a record includes a reference to a copy from which information has been deleted under section 50.
(3)As far as practicable, access to government information under this part must be given—
(a)either—
(i)in a way that complies with the web content accessibility guidelines, level AA; or
Note The guidelines are accessible at another way is prescribed by regulation—in that way; and
(b)in a form that provides at least the same range of functions to the applicant as was available to the respondent before the access was given.
Examples—par (b)
1electronically searchable text document
2unsecured text document that allows a user to copy and paste from the document
(4)Subject to this section and section 50, if an applicant has requested access in a particular form, access must be given in that form.
(5)However, access may be given in a form (an alternative form) other than that requested by the applicant if—
(a)it is not reasonably practicable for the respondent to give access in the form requested; and
(b)the respondent is reasonably satisfied that the applicant can receive the information given in the alternative form.
(6)If an applicant is given access to government information in a form different to the form requested by the applicant, the applicant must not be required to pay a fee that is more than would have been payable if access had been given in the form requested by the applicant.
Giving access—access to be unconditional
If access to government information is given under this part, the access must be unconditional.
Giving access—deferral of access
(1)The respondent to an access application may defer giving access to government information for a reasonable period (not longer than 3 months) if—
(a)the information was prepared with the intention that it be formally published within a stated time; and
(b)the information has not been published as intended.
Examples—formal publication
1 formal release of a report at an event
2 media release
3 presentation to the Legislative Assembly
(2)Also, the respondent to an access application may defer giving access to government information if the applicant has not paid the fee payable in relation to the application.
Giving access—deletion of contrary to the public interest information
(1)This section applies if—
(a)an access application is made for government information in a record containing contrary to the public interest information; and
(b)it is practicable to give access to a copy of the record from which the contrary to the public interest information has been deleted.
(2)Subject to section 35 (1) (e), the respondent must—
(a)give access to a copy of the record; and
(b)tell the applicant the original record contained contrary to the public interest information that has been deleted from the copy.
Division 5.5 Notice of access decisions and reasons
Notice of decision to be given
(1)The respondent to an access application must give written notice (a decision notice) to the applicant of the decision on the application.
(2)If the respondent makes a further decision on the application, the respondent must give a decision notice to the applicant of the further decision.
(3)The respondent is not required to include any contrary to the public interest information in a decision notice.
Content of notice—access to information given
(1)For a decision to give access to government information, the decision notice must include a statement of the following:
(a)an itemisation of any fee payable by the applicant;
(b)that the access application and information given in response to the application (other than personal information) will be made available to the public through the disclosure log of the respondent under section 28;
(c)if access is given to a copy of a record that had information deleted from it under section 50—the fact that the record is a copy.
(2)If the giving of access to government information is deferred under section 38 (6), the decision notice must include a statement—
(a)that a relevant third party objected to the disclosure; and
(b)that the relevant third party may apply for review of the decision; and
(c)of the period under section 38 (6) (b) for which access may be deferred.
(3)If the giving of access to government information is deferred under section 49, the decision notice must include a statement of—
(a)the reason for the deferral; and
(b)when access will be given.
Content of notice—information not held by respondent
If an access application relates to government information that is not held by the respondent, the decision notice must state that the information is not held by the respondent.
Content of notice—refusing to give access to information
(1)If a decision is made to refuse to give access to government information because it is taken to be contrary to the public interest to disclose the information under schedule 1, the decision notice must include—
(a)a description of the information; and
(b)the ground under schedule 1 for the refusal; and
(c)the findings on any material questions of fact referring to the evidence or other material on which the findings were based.
(2)If a decision is made to refuse to give access to government information because disclosure of the information would, on balance, be contrary to the public interest under the test set out in section 17, the decision notice must include—
(a)a description of the information; and
(b)a statement of reasons for the decision setting out—
(i)the findings on any material questions of fact referring to the evidence or other material on which the findings were based; and
(ii)the relevant factors favouring disclosure; and
(iii)the relevant factors favouring nondisclosure; and
(iv)how the factors were balanced; and
(v)the harm to the public interest that can be reasonably expected to occur from disclosure.
Content of notice—refusal to deal with application
For a decision to refuse to deal with an application, the decision notice must include a statement of the following:
(a)the ground under section 43 (1) for the refusal;
(b)the findings on any material questions of fact referring to the evidence or other material on which the findings were based;
(c)if the ground is that the government information is already available to the applicant—how the applicant can access the information;
(d)that the applicant is not entitled to a refund of any application fee paid if the respondent refuses to deal with the application.
Content of notice—refusing to confirm or deny existence of information
For a decision to refuse to confirm or deny the existence of government information, the decision notice must include a statement of reasons for the decision setting out why the information, if it did exist—
(a)would be contrary to the public interest information; and
(b)would, or could reasonably be expected to, have a result mentioned in section 35 (1) (e) (ii).
Division 5.6 Access applications for information held by other agencies or Ministers
Transfer of access applications
(1)This section applies if—
(a)an access application has been made to an agency or Minister; and
(b)the government information to which the application relates is not held by the agency or Minister but the agency or Minister believes it may be held by another agency or Minister (the transferee); and
(c)the transferee agrees it may hold the information.
(2)The agency or Minister must transfer the application to the transferee.
(3)An access application transferred under this section is taken to have been made to the transferee at the time it was transferred.
(4)The transferee receiving an access application must give the applicant written notice of—
(a)the day on which the application was received; and
(b)the date by which a decision is to be made (unless additional time is given under section 40, section 41 or section 42).
(5)The notice must be given to the applicant as soon as practicable but in any case not later than 10 working days after the day the application was received.
Access applications if two or more agencies or Ministers hold relevant information
(1)If the respondent to an access application believes that it holds government information relevant to an application and relevant information may also be held by another agency or Minister (the other entity), the respondent must give a copy of the access application to the other entity.
(2)If the other entity believes that it may hold relevant government information, the other entity must—
(a)tell the respondent that it may hold relevant information; and
(b)take reasonable steps to identify all relevant information within the scope of the application; and
(c)if it identifies relevant information—
(i)give the relevant information to the respondent; or
(ii)tell the respondent and the applicant that it will decide the application, or part of the application, as if it were the respondent.
(3)If the other entity gives the relevant government information to the respondent, the respondent is, for the purpose of making a decision on the application, taken to hold the information.
(4)If the other entity is to decide the application, or part of the application, as if it were the respondent—
(a)the application is taken to have been made to the other entity when it received the application under subsection (1); and
(b)the other entity must give the applicant written notice of—
(i)the day on which the application was received; and
(ii)the date by which a decision is to be made (unless additional time is given under section 40, section 41 or section 42).
(5)The notice must be given to the applicant as soon as practicable but in any case not later than 10 working days after the day the application was received.
(6)If the other entity believes it does not hold relevant information, it must tell the respondent of the belief.
Part 6Amendment of personal information
Requesting amendment of personal information
(1)This section applies if a person who has access to government information held by an agency or Minister considers that the information—
(a)contains personal information about the person; and
(b)is incomplete, incorrect, out-of-date or misleading; and
(c)is used, has been used or is available for use by the agency or Minister.
(2)The person may, in writing, request the agency or Minister to amend the information.
NoteIf a form is approved under s 108 for this provision, the form must be used.
(3)The request must—
(a)include enough detail to enable an agency or Minister to identify the government information to be amended; and
(b)state how the government information is incomplete, incorrect, out-of-date or misleading; and
(c)state the amendments the person considers necessary for the information to be complete, correct, up-to-date or for it to be no longer misleading; and
(d)include an email or postal address to which notices under this Act may be sent to the person.
Who deals with requests to amend personal information
(1)A request under section 59 made to an agency must be dealt with by the information officer of the agency.
(2)A request under section 59 made to a Minister may be dealt with by the person the Minister directs.
Deciding requests to amend personal information
(1)An agency or Minister receiving a request from a person under section 59 must decide to—
(a)amend the government information; or
(b)refuse to amend the government information.
(2)The agency or Minister must amend the government information if the information is incomplete, incorrect, out-of-date or misleading.
(3)Before refusing to amend the government information, the agency or Minister must—
(a)tell the person of the intention to refuse to amend the information; and
(b)give the person a reasonable opportunity to respond and to provide any additional information relevant to the request.
(4)The agency or Minister must keep a record of amendments of government information made under this section.
Time to decide request
(1)An agency or Minister that receives a request under section 59 must decide the request not later than 20 working days after receiving it.
(2)The 20 working days does not include any time given to the person under section 61 (3) (b) to respond and provide additional information relevant to the request.
Notifying person affected of decision
An agency or Minister that makes a decision under section 61 must—
(a)tell the person of the agency’s or Minister’s decision; and
(b)if the decision is to amend the information—give the person a copy of the amended information; and
(c)if the decision is to refuse to amend the information—give the person a statement of reasons for the refusal.
Part 7Role of ombudsman
Division 7.1 Ombudsman functions and general powers
Ombudsman—functions
(1)The ombudsman has the following functions for this Act:
(a)to review decisions under division 8.2;
(b)to grant extensions of time under section 42;
(c)to monitor the operation of this Act including—
(i)the publication of open access information by agencies; and
(ii)the publication of open access information by Ministers; and
(iii)agency compliance with the expectations set out in the Chief Minister’s annual statement under section 95 and with the Act generally;
(d)to make open access information declarations under section 65;
(e)to make guidelines under section 66;
(f)to report on the operation of this Act under section 67;
(g)to investigate complaints made under section 69.
(2)The ombudsman may delegate the ombudsman’s functions under this Act to a person mentioned in the Ombudsman Act 1989, section 32.
NoteUnder the Ombudsman Act 1989, s 32, the ombudsman may delegate the ombudsman’s functions to any person, including the deputy ombudsman, a member of the ombudsman’s staff, a public servant, a contractor or consultant, or an authorised person. However, the ombudsman must not delegate a function to a person who is not a public employee without first being satisfied that the function needs to be exercised by a person who is not a public employee (see that Act, s 32 (2)).
Open access information declarations
(1)The ombudsman may declare government information to be open access information.
NotePower to make a statutory instrument includes power to make different provision for different categories (see Legislation Act, s 48).
(2)Before making a declaration, the ombudsman—
(a)must consult—
(i)for information held by an agency—the information officer of each agency; and
(ii)for information held by a Minister—each Minister; and
(b)may consult anyone else the ombudsman considers appropriate.
(3)The ombudsman must not declare government information that came into existence before 1 January 2018 to be open access information.
(4)A declaration is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Guidelines for Act
(1)The ombudsman may make guidelines for this Act.
(2)The guidelines may make provision for 1 or more of the following:
(a)the release of government information in response to an informal request;
(b)the application of the public interest test set out in section 17;
(c)how, for section 25, open access information is to be kept accurate, up-to-date and complete;
(d)circumstances in which, for section 107 (2) (Fee waiver), information may be of special benefit to the public generally;
(e)anything else consistent with the objects of this Act.
(3)Before making a guideline, the ombudsman—
(a)must consult the information officer of each agency; and
(b)may consult anyone else the ombudsman considers appropriate.
(4)A guideline is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Annual report on operation of Act
The ombudsman must, for each financial year, prepare a report on the operation of this Act during the year and give the report to the Speaker for presentation to the Legislative Assembly.
Access to information for ombudsman review
The ombudsman, in undertaking an ombudsman review, is entitled to full and free access at reasonable times to all relevant government information of the agency or Minister concerned, including information subject to legal professional privilege.
Division 7.2 Complaints to ombudsman
Complaints to ombudsman
(1)A person may complain to the ombudsman about an agency’s or Minister’s action, or failure to take action, in relation to any of the agency’s or Minister’s functions under this Act.
(2)Without limiting subsection (1), a complaint may be about—
(a)the adequacy of an agency’s or Minister’s response to an access application; or
(b)for an agency that has published a publication undertaking—the agency’s failure to comply with the undertaking or with section 29 (2).
(3)Nothing in this Act is intended to limit the ombudsman’s powers under the Ombudsman Act 1989.
Part 8Notification and review of decisions
Division 8.1 Review of decisions—definitions and notices
Definitions—pt 8
In this part:
decision-maker, for a reviewable decision, means the agency or Minister that made the decision.
reviewable decision means a decision mentioned in schedule 3, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
FOI reviewable decision notices and reviewable decision notices
(1)If a decision-maker makes a reviewable decision mentioned in schedule 3, item 2, 5 or 7, the decision-maker must give notice (an FOI reviewable decision notice) to each entity mentioned in schedule 3, column 4 in relation to the decision.
(2)If a decision-maker makes a reviewable decision mentioned in schedule 3, item 3, 4 or 6, the decision-maker must give notice (also an FOI reviewable decision notice) to the applicant for the access application that the decision relates to.
(3)A decision-maker required to give an FOI reviewable decision notice to a person under subsection (1) or (2) must give the notice to the person with the decision.
(4)The FOI reviewable decision notice must state—
(a)the decision; and
(b)that the person may apply to the ombudsman for review of the decision; and
(c)how to make the application; and
(d)the other options available under ACT laws to have the decision reviewed.
(5)If the ombudsman makes a decision on an ombudsman review, the ombudsman must give a reviewable decision notice to the participants in the review.
Note 1The requirements for a reviewable decision notice are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
Note 2The decision-maker must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
(6)A failure to comply with this section in relation to a reviewable decision does not affect the validity of the decision.
Onus
In a review under this part, a person seeking to prevent disclosure of government information has the onus of establishing that the information is contrary to the public interest information.
Division 8.2 Ombudsman review
Ombudsman review of certain decisions
An entity mentioned in schedule 3, column 4 in relation to a reviewable decision may apply to the ombudsman for review of the reviewable decision (ombudsman review).
NoteA fee may be determined under s 104 for an application.
Applications for ombudsman review
(1)An application for ombudsman review must be made within—
(a)20 working days after—
(i)the day notice of the decision was published in the disclosure log; or
(ii)for a decision in relation to an access application for personal information—the day the respondent gave the applicant a decision notice in relation to the application under section 51; or
(iii)for a deemed decision—the day the decision was taken to have been made; or
(iv)for a decision to make open access information available—the day the information was published; or
(v)for a decision not to make open access information available because it is contrary to the public interest information—the day the matters under section 24 (2) were published; or
(b)any longer period allowed by the ombudsman.
Note 1If a form is approved under s 108 for an application, the form must be used.
Note 2The ombudsman may extend the period even if it has ended (see Legislation Act, s 151C).
(2)In this section:
deemed decision means a decision taken to have been made under section 39 (1) (a) (Deciding access—decision not made in time taken to be refusal to give access).
1.14Law enforcement or public safety information
(1)Information the disclosure of which would, or could reasonably be expected to—
(a)prejudice the investigation of a contravention or possible contravention of the law in a particular case; or
(b)identify the existence or identity of a confidential source of information in relation to the enforcement or administration of the law; or
(c)endanger a person’s life or physical safety; or
(d)result in a person being subject to a serious act of harassment or intimidation; or
(e)prejudice a person’s fair trial or the impartial adjudication of a matter before a court or tribunal; or
(f)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or
(g)prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or
(h)endanger the security of a building, structure or vehicle; or
(i)prejudice a system or procedure for the protection of people, property or the environment; or
(j)facilitate a person’s escape from lawful custody; or
(k)prejudice the wellbeing of a cultural or natural resource or the habitat of animals or plants.
(2)Information given in the course of an investigation of a contravention or possible contravention of the law if the information was given under compulsion under an Act that abrogated the privilege against self-incrimination.
(3)Information obtained, used or prepared for an investigation by an entity prescribed by regulation in the exercise of a function prescribed by regulation.
(4)However this section does not apply to—
(a)information revealing that the scope of a law enforcement investigation has exceeded the limits imposed by law; or
(b)information containing a general outline of the structure of a program adopted by an agency for dealing with a contravention or possible contravention of the law; or
(c)a report on the degree of success achieved in a program adopted by an agency for dealing with a contravention or possible contravention of the law; or
(d)a report prepared in the course of a routine law enforcement inspection or investigation by an agency whose functions include that of enforcing the law (other than the criminal law or the law relating to corruption); or
(e)a report on a law enforcement investigation that has already been disclosed to the entity the subject of the investigation.
(5)In this section:
law includes law of the Commonwealth, a State or a foreign country.
1.15Information in possession of custodial inspector
Information in the possession of the custodial inspector appointed under the Custodial Inspector Act 2017, section 9 that has been obtained or generated in relation to an examination or review conducted under that Act, section 18.
1.16Information in the possession of the ACT national preventive mechanism
Information in the possession of the ACT National Preventive Mechanism established under the Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018, section 8C that has been obtained or generated in relation to an examination of the treatment of detainees in places of detention under that Act, division 1A.3.
Schedule 2Factors to be considered when deciding the public interest
(see s 17 (1))
2.1Factors favouring disclosure in the public interest
The following are factors favouring disclosure in the public interest:
(a)disclosure of the information could reasonably be expected to do any of the following:
(i)promote open discussion of public affairs and enhance the government’s accountability;
(ii)contribute to positive and informed debate on important issues or matters of public interest;
(iii)inform the community of the government’s operations, including the policies, guidelines and codes of conduct followed by the government in its dealings with members of the community;
(iv)ensure effective oversight of expenditure of public funds;
(v)allow or assist inquiry into possible deficiencies in the conduct or administration of an agency or public official;
(vi)reveal or substantiate that an agency or public official has engaged in misconduct or negligent, improper or unlawful conduct or has acted maliciously or in bad faith;
(vii)advance the fair treatment of individuals and other entities in accordance with the law in their dealings with the government;
(viii)reveal the reason for a government decision and any background or contextual information that informed the decision;
(ix)reveal that the information was—
(A)incorrect; or
(B)out-of-date; or
(C)misleading; or
(D)gratuitous; or
(E)unfairly subjective; or
(F)irrelevant;
(x)contribute to the protection of the environment;
(xi)reveal environmental or health risks or measures relating to public health and safety;
(xii)contribute to the maintenance of peace and order;
(xiii)contribute to the administration of justice generally, including procedural fairness;
(xiv)contribute to the administration of justice for a person;
(xv)contribute to the enforcement of criminal law;
(xvi)contribute to innovation and the facilitation of research;
(b)the information is personal information of—
(i)the person making the request; or
(ii)a child and the information is to be given to the child’s parent or guardian and the disclosure of the information to the child’s parent or guardian is reasonably considered to be in the best interests of the child; or
(iii)a deceased person and the person making the request for the information is an eligible family member of the deceased person.
2.2Factors favouring nondisclosure in the public interest
The following are factors favouring nondisclosure in the public interest:
(a)disclosure of the information could reasonably be expected to do any of the following:
(i)prejudice the collective responsibility of Cabinet or the individual responsibility of members to the Assembly;
(ii)prejudice the protection of an individual’s right to privacy or any other right under the Human Rights Act 2004;
(iii)prejudice security, law enforcement or public safety;
(iv)impede the administration of justice generally, including procedural fairness;
(v)impede the administration of justice for a person;
(vi)prejudice the security or good order of a correctional centre;
(vii)impede the protection of the environment;
(viii)prejudice the economy of the Territory;
(ix)prejudice the flow of information to the police or another law enforcement or regulatory agency;
(x)prejudice intergovernmental relations;
(xi)prejudice trade secrets, business affairs or research of an agency or person;
(xii)prejudice an agency’s ability to obtain confidential information;
(xiii)prejudice the competitive commercial activities of an agency;
(xiv)prejudice the conduct of considerations, investigations, audits or reviews by the ombudsman, auditor-general, integrity commission, integrity commission inspector or human rights commission;
(xv)prejudice the management function of an agency or the conduct of industrial relations by an agency;
(xvi)prejudice a deliberative process of government;
(xvii)prejudice the effectiveness of testing or auditing procedures;
(xviii)prejudice the conservation of any place or object of natural, cultural or heritage value, or reveal any information relating to Aboriginal or Torres Strait Islander traditional knowledge;
(b)the information—
(i)is personal information of a child and the disclosure of the information is reasonably considered not to be in the best interests of the child; or
(ii)would be privileged from production in a legal proceeding on the ground of legal professional privilege; or
(iii)is personal information of a deceased person and the person making the request is an eligible family member of the deceased person and the disclosure of the information could reasonably be expected to impact on the deceased person’s privacy if the deceased person were alive; or
(iv)is information disclosure of which is prohibited by an Act of the Territory, a State or the Commonwealth; or
(v)is about unsubstantiated allegations of misconduct or unlawful, negligent or improper conduct and disclosure of the information could prejudice the fair treatment of an individual.
2.3Meaning of eligible family member—sch 2
(1)For this schedule, eligible family member, of a deceased person, means—
(a)a domestic partner of the deceased person; or
(b)if a domestic partner is not reasonably available—an adult child of the deceased person; or
(c)if a domestic partner or adult child is not reasonably available—an adult sibling of the deceased person; or
(d)if a person mentioned in paragraph (a), (b) or (c) is not reasonably available and the deceased person was not an Aboriginal or Torres Strait Islander person—the next nearest adult relative of the deceased person who is reasonably available; or
(e)if a person mentioned in paragraph (a), (b) or (c) is not reasonably available and the deceased person was an Aboriginal or Torres Strait Islander person—a person who is an appropriate person according to the tradition or custom of the Aboriginal or Torres Strait Islander community to which the deceased person belonged and who is reasonably available.
NoteDomestic partner—see the Legislation Act, s 169 (1).
(2)For this section, a person is not reasonably available if a person of that description—
(a)does not exist; or
(b)cannot reasonably be contacted; or
(c)is unable or unwilling to act as the eligible family member of the deceased person for the purposes of this Act.
Schedule 3Reviewable decisions
(see pt 8)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 24 (1) | make open access information publicly available | person whose interests are affected |
| 2 | 24 (1) | not make open access information publicly available | any person |
| 3 | 35 (1) (a) | give access to government information | applicant, relevant third party |
| 4 | 35 (1) (b) | government information not held | any person |
| 5 | 35 (1) (c) | refuse to give access to government information | any person |
| 6 | 35 (1) (d) | refuse to deal with application | applicant, person whose interests are affected |
| 7 | 35 (1) (e) | refuse to confirm or deny government information held | any person |
| 8 | 61 (1) (b) | refuse to amend personal information | applicant |
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
· administrative unit
· auditor-general
· document
· human rights commission
· integrity commission
· law
· officer of the Assembly
· ombudsman
· reviewable decision notice
· territory law
· territory-owned corporation
· working day.
access application means an application under section 30 for access to government information.
agency—see section 15.
clarification request—see section 34 (3).
contrary to the public interest information—see section 16.
decision-maker, for a reviewable decision, for part 8 (Notification and review of decisions)—see section 70.
decision notice—see section 51 (1).
disclosure log—see section 28.
eligible family member, of a deceased person, for schedule 2 (Factors to be considered when deciding the public interest)—see schedule 2, section 2.3.
government information—see section 14.
held, in relation to information—see section 14.
information officer, of an agency, means the person appointed as the agency’s information officer under section 18.
integrity commission inspector means the inspector of the integrity commission under the Integrity Commission Act 2018.
ombudsman review—see section 73.
open access information, of an agency or a Minister—see section 23.
personal information—
(a)means information or an opinion (including information forming part of a database), whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion; but
(b)for an individual who is or has been an officer of an agency or staff member of a Minister, does not include information about—
(i)the individual’s position or functions as an officer or staff member; or
(ii)things done by the individual in exercising functions as an officer or staff member.
policy document—see section 23.
principal officer, of an agency, means—
(a)for an administrative unit—the director-general of the administrative unit; or
(b)for the Supreme Court, Magistrates Court, Coroner’s Court or ACAT—the chief executive officer appointed under the Court Procedures Act 2004, section 11A (1); or
(c)for the Office of the Legislative Assembly—the clerk of the Legislative Assembly; or
(d)for an officer of the Assembly—the officer; or
(e)for a statutory office-holder and the staff assisting the statutory office-holder—the statutory office-holder; or
(f)for a territory-owned corporation or a subsidiary of a territory‑owned corporation—the chief executive officer of the corporation or subsidiary; or
(g)for a royal commission, board of inquiry or judicial commission—the director-general of the administrative unit that provides secretariat support to the Executive; or
(h)for any other agency—the person prescribed by regulation to be the principal officer of the agency.
publication undertaking—see section 29.
public official—see the Criminal Code, section 300.
record—
(a)means any document or other source of information compiled, recorded or stored in written form or by electronic process, or in any other manner or by any other means; and
(b)includes a reference to a copy of the record.
relevant third party—see section 38 (1).
respondent, in relation to an access application—see section 34 (1).
reviewable decision, for part 8 (Notification and review of decisions)—see section 70.
sensitive information—see the Information Privacy Act 2014, section 14.
web content accessibility guidelines means the guidelines recommended by the World Wide Web Consortium on 11 December 2008 for making web content more accessible.
NoteThe guidelines are accessible at type="1">
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
Freedom of Information Act 2016 A2016-55
notified LR 26 August 2016
s 1, s 2 commenced 26 August 2016 (LA s 75 (1))
remainder commenced 1 January 2018 (s 2 as am by A2017-14 s 19)as amended by
Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 pt 7
notified LR 17 May 2017
s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
ss 20-23 commenced 1 January 2018 (s 2 (3) and see A2016-55 s 2 (as am by A2017-14 s 19))
pt 7 remainder commenced 24 May 2017 (s 2 (1))Justice and Community Safety Legislation Amendment Act 2017 (No 3) A2017-38 pt 11
notified LR 9 November 2017
s 1, s 2 commenced 9 November 2017 (LA s 75 (1))
pt 11 commenced 1 January 2018 (s 2 (3) (a) and see A2016-55 s 2 (as am by A2017-14 s 19))Statute Law Amendment Act 2018 A2018-42 sch 1 pt 1.1
notified LR 8 November 2018
s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))
sch 1 pt 1.1 commenced 22 November 2018 (s 2 (1))Justice and Community Safety Legislation Amendment Act 2019 A2019-17 pt 5
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
pt 5 commenced 21 June 2019 (s 2)Integrity Commission Act 2018 A2018-52 sch 1 pt 1.10 (as am by A2019-18 s 4)
notified LR 11 December 2018
s 1, s 2 commenced 11 December 2018 (LA s 75 (1))
sch 1 pt 1.10 commenced 1 July 2019 (s 2 (1) as am by A2019-18 s 4)Integrity Commission Amendment Act 2019 A2019-18 s 4
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
s 4 commenced 1 July 2019 (s 2 (1))NoteThis Act only amends the Integrity Commission Act 2018 A2018-52.
Freedom of Information Amendment Act 2019 A2019-37
notified LR 10 October 2019
s 1, s 2 commenced 10 October 2019 (LA s 75 (1))
remainder commenced 15 October 2019 (s 2 and CN2019-16)Public Interest Disclosure Amendment Act 2020 A2020-46 sch 1 pt 1.1
notified LR 4 September 2020
s 1, s 2 commenced 4 September 2020 (LA s 75 (1))
sch 1 pt 1.1 commenced 4 March 2021 (s 2 and LA s 79)Justice and Community Safety Legislation Amendment Act 2021 (No 2) A2021-33 pt 10
notified LR 10 December 2021
s 1, s 2 commenced 10 December 2021 (LA s 75 (1))
pt 10 commenced 1 January 2022 (s 2 (4) (a))Freedom of Information Amendment Act 2023 A2023-16
notified LR 17 May 2023
s 1, s 2 commenced 17 May 2023 (LA s 75 (1))
remainder commenced 24 May 2023 (s 2)Justice and Community Safety Legislation Amendment Act 2023 (No 2) A2023-42 sch 1 pt 1.1
notified LR 8 November 2023
s 1, s 2 commenced 8 November 2023 (LA s 75 (1))
sch 1 pt 1.1 commenced 9 November 2023 (s 2)Justice and Community Safety Legislation Amendment Act 2023 (No 3) A2023-57 pt 9
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
pt 9 commenced 12 December 2023 (s 2 (1))Assisted Reproductive Technology Act 2024 A2024-7 s 134
notified LR 28 March 2024
s 1, s 2 commenced 28 March 2024 (LA s 75 (1))s 134 commenced 28 September 2024 (s 2 (2) and LA s 79)
Monitoring of Places of Detention Legislation Amendment Act 2024 A2024-41 sch 1 pt 1.4
notified LR 17 September 2024
s 1, s 2 commenced 17 September 2024 (LA s 75 (1))
sch 1 pt 1.4 commenced 18 September 2024 (s 2 (1))Integrity Legislation Amendment Act 2024 A2024-47 pt 2
notified LR 19 September 2024
s 1, s 2 commenced 19 September 2024 (LA s 75 (1))
pt 2 commenced 26 September 2024 (s 2 (1))
Amendment history
Commencement
s 2am A2017-14 s 19
om LA s 89 (4)
Relationship with Assisted Reproductive Technology Act 2024
s 11Ains A2024‑7 s 134
Meaning of agency
s 15am A2017-38 s 30
Meaning of contrary to the public interest information
s 16sub A2023‑16 s 4
am A2024-47 s 4, s 5
Public interest test
s 17am A2023‑16 s 5
Information officers—functions
s 19am A2017-38 s 31; A2019-17 ss 12-14; pars renum R4 LA
What is open access information?
s 23am A2017-14 s 20, s 21; A2019-37 s 4, s 5; A2021‑33 s 18
Open access information—deletion of contrary to the public interest information
s 26am A2023‑16 s 6
Requirement for disclosure log
s 28am A2019-37 s 6; A2023‑16 s 7
Application not in accordance with requirements
s 31 hdgsub A2019-37 s 7
s 31am A2019-37 s 8
Notice of date application received
s 32am A2017-38 s 32
Deciding access—identifying information within scope of application
s 34am A2019-37 s 9, s 10; A2023‑16 s 8
Deciding access—relevant third parties
s 38am A2023‑16 s 9
Deciding access—decision not made in time taken to be refusal to give access
s 39am A2019-37 s 11, s 12; ss renum R6 LA; A2023‑16 s 10, s 11
Deciding access—time to decide
s 40am A2019-37 s 13; A2023‑16 ss 12-14; pars renum R9 LA
Deciding access—respondent may ask for additional time to decide
s 41am A2019-17 s 15, s 16; A2019-37 s 14, s 15; A2023‑16 s 15
Deciding access—extension of time given by ombudsman
s 42sub A2019-37 s 16
am A2023‑16 s 16, s 17
Refusing to deal with application—general
s 43am A2023‑16 s 18
Refusing to deal with application—information already available to applicant
s 45am A2019-37 s 17; pars renum R6 LA; A2023‑16 s 19
Giving access—form of access
s 47am A2023‑16 s 20
Giving access—deferral of access
s 49sub A2019-37 s 18
Transfer of access applications
s 57am A2017-38 s 32
Access applications if two or more agencies or Ministers hold relevant information
s 58am A2017-38 s 32; A2019-37 s 19, s 20
Ombudsman—functions
s 64am A2017-38 s 33; A2018‑42 amdt 1.1
Open access information declarations
s 65am A2017-14 s 22; ss renum R1 LA
Access to information for ombudsman review
s 68sub A2023-57 s 21
Applications for ombudsman review
s 74am A2019-37 s 21; pars renum R6 LA; A2023‑16 s 21; pars renum R9 LA
Ombudsman review—extension of time when decision not made in time
s 78am A2019-37 s 22
Informal resolution
s 80Ains A2019-37 s 23
Mediation for applications
s 81am A2017-14 s 23; A2019-37 s 24
Ombudsman review
s 82am A2019-37 s 25, s 26; ss renum R6 LA; A2023‑16 s 22, s 23; pars renum R9 LA
Review of decisions by ACAT
s 84am A2019-37 s 27
Preventing disclosure of information
s 91om A2017-38 s 34
Fee estimate
s 106sub A2019-37 s 28
Review of Act
s 110exp 1 January 2025 (s 110 (4))
Repeals and consequential amendments
pt 11 hdgom LA s 89 (3)
Legislation repealed
s 111om LA s 89 (3)
Legislation amended—sch 4
s 112om LA s 89 (3)
Transitional
pt 20 hdgexp 1 January 2019 (s 203)
Definitions—pt 20
s 200exp 1 January 2019 (s 203)
def commencement day exp 1 January 2019 (s 203)
def repealed FOI Act exp 1 January 2019 (s 203)
Requests made under repealed FOI Act before commencement day
s 201exp 1 January 2019 (s 203)
Transitional regulations
s 202exp 1 January 2019 (s 203)
Expiry—pt 20
s 203exp 1 January 2019 (s 203)
Information disclosure of which is taken to be contrary to the public interest
sch 1am A2023‑16 s 24
Information in possession of a court or tribunal
sch 1 s 1.1Ains A2017-38 s 35
Information related to integrity commission matters
sch 1 s 1.1Bins A2018-52 amdt 1.74
sub A2024-47 s 6
Information disclosure of which is prohibited under law
sch 1 s 1.3am A2017-38 s 36; A2019-17 s 17
Identities of people making disclosures
sch 1 s 1.9am A2017-38 s 37; A2020-46 amdt 1.1
Information in possession of ombudsman
sch 1 s 1.12am A2017-38 s 38
Information in possession of custodial inspector
sch 1 s 1.15ins A2023‑16 s 25
sub A2024-41 amdt 1.17
Information in the possession of the ACT national preventive mechanism
sch 1 s 1.16ins A2024-41 amdt 1.17
Factors favouring nondisclosure in the public interest
sch 2 s 2.2am A2018-52 amdt 1.75
Reviewable decisions
sch 3am A2023‑16 s 26, s 27; items renum R9 LA
Consequential amendments
sch 4om LA s 89 (3)
Dictionary
dictam A2018-52 amdt 1.76; A2019-37 s 29
def clarification request ins A2019-37 s 30
def policy document ins A2023‑16 s 28
def principal officer am A2017-38 s 39; pars renum R1 LA; A2023-42 amdt 1.1
def integrity commission inspector ins A2018-52 amdt 1.77
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
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 and date Effective Last amendment made by Republication for R1
1 Jan 20181 Jan 2018–
21 Nov 2018A2017‑38 new Act and amendments by A2017-14 and A2017‑38 R2
22 Nov 201822 Nov 2018–
1 Jan 2019A2018‑42 amendments by A2018‑42 R3
2 Jan 20192 Jan 2019–
20 June 2019A2018‑42 expiry of transitional provisions (pt 20) R4
21 June 201921 June 2019–
30 June 2019A2019‑17 amendments by A2019‑17 R5
1 July 20191 July 2019–
14 Oct 2019A2019-18 amendments by A2018-52 as amended by A2019-18 R6
15 Oct 201915 Oct 2019–
3 Mar 2021A2019-37 amendments by A2019-37 R7
4 Mar 20214 Mar 2021–
31 Dec 2021A2020‑46 amendments by A2020‑46 R8
1 Jan 20221 Jan 2022–
23 May 2023A2021‑33 amendments by A2021‑33 R9
24 May 202324 May 2023–
8 Nov 2023A2023‑16 amendments by A2023‑16 R10
9 Nov 20239 Nov 2023–
11 Dec 2023A2023‑42 amendments by A2023‑42 R11
12 Dec 202312 Dec 2023–
17 Sept 2024A2023‑57 amendments by A2023‑57 R12
18 Sept 202418 Sept 2024–
25 Sept 2024A2024‑41 amendments by A2024‑41 R13
26 Sept 202426 Sept 2024–
27 Sept 2024A2024‑47 amendments by A2024‑47 R14
28 Sept 202428 Sept 2024–
1 Jan 2025A2024‑47 amendments by A2024‑7
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
0
0
0