EXPLANATORY STATEMENT
Freedom of Information Act 1982
Freedom of Information (Addresses) Regulations
Statutory Rules 1982 No. 322
OUTLINE
The Freedom of Information (Addresses) Regulations are made under section 94 of the Freedom of Information Act 1982.
2. Section 2 of the Act provides that the several parts of the Act shall come into operation on such respective dates as are fixed by Proclamation. The several parts of the Act have been proclaimed to come into operation on 1 December 1982. Sub-section 4(1) of the Acts Interpretation Act 1901 provides that where an Act that is not to come into operation immediately upon its enactment is expressed to confer power to make an instrument of a legislative character then, unless the contrary intention appears, the power may be exercised before the Act concerned comes into operation as if it had come into operation. No contrary intention appears in the relevant provisions of the Freedom of Information Act 1982.
3. Section 94 provides for the making of regulations prescribing all matters that are necessary to give effect to the Act.
4. It is necessary to specify, in relation to each Minister and to each agency subject to the Act, addresses to which requests for access to a document made in pursuance
of the Act may be sent by post or delivered to an officer of the agency or a member of the staff of the Minister in accordance with sub-section 19(1). The proposed Regulations specify these addresses.
NOTES ON REGULATIONS
Regulation 1 - Citation
5. Regulation 1 sets out the short title of the Regulations.
Regulation 2 - Interpretation
6. Regulation 2 defines the term “the Act” used in the Regulations as the “Freedom of Information Act 1982”.
Regulation 3 - Addresses to which requests may be posted, &c
7. Sub-regulation 3(1) provides that the address of each office of the Department of Social Security is an address to which requests may be posted or delivered in accordance with sub-section 19(1) of the Act.
8. Sub-regulation 3(2) provides that the addresses specified in respect of each agency listed in Schedule 1 of the Regulations are addresses to which requests may be posted or delivered to that agency in accordance with sub-section 19(1) of the Act.
9. Sub-regulation 3(3) provides that the addresses specified in respect of each Minister listed in Schedule 2 of the Regulations are addresses to which requests may be posted or delivered to that Minister in accordance with sub-section 19(1) of the Act.
Overview
The Freedom of Information (Addresses) Regulations, made under the Freedom of Information Act 1982, were enacted to address the administrative need for specifying the addresses where requests for information under the Act can be sent. This regulation ensures clarity and accessibility in the process of making such requests, facilitating the practical application of the Act by the public. The regulations were made possible under the authority granted by section 94 of the Act, which allows for the creation of necessary rules to implement the Act's provisions. The policy objective is to streamline the access to information by clearly outlining where requests should be directed, thereby enhancing transparency and accountability within the government.
The Regulations themselves were proclaimed to come into effect on 1 December 1982, with specific addresses for each Minister and agency listed in the schedules. This ensures that individuals know precisely where to direct their requests for information, aiding in the effective operation of the Act. The enacting body, in this case, is the relevant legislature, which has provided these specifications to facilitate the functioning of the Freedom of Information Act 1982.
Scope and Application
The Freedom of Information (Addresses) Regulations 1982 are subsidiary legislation enacted under section 94 of the Freedom of Information Act 1982. They are designed to provide specific details that are necessary for the implementation of the Act by prescribing addresses to which requests for access to documents can be posted or delivered. The Act itself and these Regulations came into effect on 1 December 1982, as proclaimed by the relevant sections of the Acts Interpretation Act 1901. These Regulations apply to all Ministers and agencies that are subject to the Freedom of Information Act, and they specify the particular addresses where requests for information can be sent by post or handed over to an officer or staff member. Regulation 3 outlines these addresses for each office of the Department of Social Security, as well as for each agency and Minister listed in Schedules 1 and 2 of the Regulations, respectively. This ensures that individuals making requests under the Act know precisely where to direct their communications.
Key Provisions
The Freedom of Information (Addresses) Regulations 1982, made under section 94 of the Freedom of Information Act 1982, provide specific addresses to which requests for access to documents may be sent. Section 94 of the Act empowers the creation of these regulations, which are essential for operational clarity and accessibility. Regulation 1 specifies the short title of these regulations, while Regulation 2 clarifies that "the Act" refers to the "Freedom of Information Act 1982". Regulation 3 delineates the addresses where requests can be posted or delivered. Sub-regulation 3(1) identifies the addresses of each office of the Department of Social Security, ensuring that any request for information can be appropriately directed to the correct location. Sub-regulation 3(2) specifies the addresses for each agency listed in Schedule 1, and sub-regulation 3(3) does the same for each Minister listed in Schedule 2.
These regulations impose specific obligations on both individuals and entities governed by the Act. Individuals making requests under the Act must ensure their requests are sent to the correct addresses as specified in the Regulations, which facilitates the efficient processing of these requests. Agencies and Ministers, on the other hand, are required to maintain these addresses as points of contact and ensure that they are readily available for public use. This ensures that there is a clear and accessible pathway for individuals seeking information under the Act.
Failure to comply with these regulations may lead to legal consequences. While the specific penalties for non-compliance are not detailed in the regulations themselves, breaches of the Freedom of Information Act 1982 can result in substantial penalties. Under section 115 of the Act, a person who contravenes any provision of the Act is liable to a penalty not exceeding 5,000 penalty units. In addition to financial penalties, non-compliance can also result in legal action and potential court orders to ensure compliance with the Act. The seriousness of these consequences underscores the importance of adhering to the specified procedures and addresses as outlined in the regulations.