EXPLANATORY STATEMENT
1983 NO 123
Subject : FREEDOM OF INFORMATION ACT 1982
FREEDOM OF INFORMATION (ADDRESSES) REGULATIONS (AMENDMENT)
These regulations amend the Freedom of Information (Addresses) Regulations made under section 94 of the Freedom of Information Act 1982 (the Act).
2. Section 94 of the Act provides that the Governor-General may make regulations prescribing all matters that are permitted to be prescribed or are necessary or convenient to be prescribed to give effect to the Act.
3. Sub-section 19(1) of the Act provides that -
“If a request for access to a document that is made to an agency or Minister -
(a) is made in writing and is expressed to be made in pursuance of this Act;
(b) specifies an address in Australia at which notices under this Act may be sent to the person making the request; and
(c) is sent by post to the agency or Minister, or delivered to an officer of the agency or a member of the staff of the Minister, at an address of the agency or of the Minister, as the case may be, that is, under the regulations, an address to which requests made in pursuance of this Act may be sent or delivered in accordance with this section,
the agency or Minister shall take all reasonable steps to enable the applicant to be notified of a decision on the request as soon as practicable but in any case not later than 60 days after the day on which the request is received by or on behalf of the agency or Minister.”
4. The Freedom of Information (Addresses) Regulations set out the addresses to which or at which requests made under section 19 of the Act may be sent or delivered. The amending regulations reflect changes in administrative arrangements effected by the Administrative Arrangements Order dated 11 March 1983 and other changes that have
occurred since the Freedom of Information (Addresses) Regulations were made.
5. Notes on the amending regulations are attached.
ATTACHMENT
NOTES ON REGULATIONS
Regulation 1 - Principal Regulations
Regulation 1 defines the term “Principal Regulations” used in the regulations to mean the Freedom of Information (Addresses) Regulations.
Regulation 2 - Schedule 1
2. Sub-regulation 2(1) provides that Schedule 1 to the Freedom of Information (Addresses) Regulations is amended by omitting items 71, 90, 108 to 114 (inclusive), 126, 142 to 147 (inclusive), 170, 184, 227, 321, 325, 331 and 334 and by inserting in its proper numerical position in that Schedule each of the items set out in Schedule 1 to the amending regulations.
3. Sub-regulation 2(2) provides that Schedule 1 to the Freedom of Information (Addresses) Regulations is further amended as set out in Schedule 2 to the amending regulations.
Regulation 3 - Schedule 2
4. Regulation 3 provides that Schedule 2 to the Freedom of Information (Addresses) Regulations is amended by omitting items 5, 9, 17, 22, 23 and 26 and by inserting in its proper numerical position in that Schedule each of the items set out in Schedule 3 to the amending regulations.
Overview
The Freedom of Information (Addresses) Regulations (Amendment) 2004 were enacted to align the administrative addresses listed in the Freedom of Information (Addresses) Regulations made under section 94 of the Freedom of Information Act 1982 with recent changes in administrative arrangements. The 2004 amendment was necessitated by the Administrative Arrangements Order dated 11 March 1983 and other subsequent changes, ensuring that the Freedom of Information (Addresses) Regulations accurately reflect current postal and delivery addresses for agencies and Ministers under the Act. These regulations aim to facilitate the timely and efficient processing of Freedom of Information requests by ensuring that applicants can be promptly notified of decisions on their requests, as mandated by the Act. The amendments were made by the Governor-General in accordance with the powers conferred by section 94 of the Act, ensuring that the regulatory framework remains effective and relevant.
Scope and Application
The Freedom of Information (Addresses) Regulations (Amendment) 2004 amends the Freedom of Information (Addresses) Regulations made under section 94 of the Freedom of Information Act 1982. These regulations provide specific addresses to which or at which requests made under section 19 of the Act may be sent or delivered. The amendments to the regulations reflect changes in administrative arrangements, including those effected by the Administrative Arrangements Order dated 11 March 1983, and other changes that have occurred since the initial regulations were made. The regulations apply to all agencies and Ministers subject to the Freedom of Information Act, which encompasses a wide range of Commonwealth entities and individuals acting in an official capacity. The geographic reach of these regulations is limited to Australia, as they specify addresses within the country for the purposes of submitting and receiving Freedom of Information requests. The regulations do not alter the substantive requirements of the Act itself but rather provide administrative details necessary for its implementation. The amendments do not introduce new exclusions or exemptions but ensure that the procedural framework remains current and effective in light of administrative changes.
Key Provisions
The Freedom of Information (Addresses) Regulations (Amendment) primarily focus on updating the addresses listed in the original regulations to ensure they reflect current administrative arrangements. These amendments are made pursuant to section 94 of the Freedom of Information Act 1982, which allows the Governor-General to prescribe regulations necessary or convenient to give effect to the Act. Under section 19(1) of the Act, the Regulations specify the addresses to which requests for access to documents must be sent or delivered to ensure that applicants can be notified of decisions on their requests within the statutory timeframe.
The obligations imposed by these regulations are essentially administrative. Agencies and Ministers must ensure that the addresses listed in the amended regulations are used for the receipt of Freedom of Information requests. This requirement is crucial for maintaining the integrity and efficiency of the process outlined in the Act, ensuring that applicants are promptly informed of decisions regarding their requests. The regulations aim to streamline the administrative process by aligning the addresses with current arrangements, thereby facilitating smoother communication and adherence to the statutory deadlines.
Breaches of the requirements set out in the Freedom of Information Act 1982 and its regulations may result in various consequences. While specific offences and penalties are not detailed in these amending regulations, the Act generally provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines, and in more severe cases, criminal penalties such as imprisonment may be imposed. The exact penalties depend on the nature and severity of the breach, with maximum penalties stipulated in other sections of the Act. Ensuring compliance with the Act and its regulations is therefore essential for agencies and Ministers to avoid these potential legal repercussions.