EXPLANATORY STATEMENT
Statutory Rules 1986 No. 45
Issued by the Authority of the Attorney-General
FREEDOM OF INFORMATION (MISCELLANEOUS PROVISIONS)
REGULATIONS (AMENDMENT)
These regulations made under sections 4 and 94 of the Freedom of Information Act 1982 (“the Act”), amend the Freedom of Information (Miscellaneous Provisions) Regulations (“the Regulations”).
Section 94 of the Act empowers the Governor-General to make regulations prescribing all matters that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 4 of the Act is an interpretation provision and sub-section 4(1) includes definitions of the expressions “prescribed authority”, “principal officer”, and “responsible Minister”.
The definition of “prescribed authority” in sub-section 4(1) is in wide terms so as to bring all statutory bodies and other agencies performing functions of the Commonwealth Government within the scope of the Act. Included in the definition are persons performing the duties of an office established by an enactment, bodies established for a public purpose in accordance with an enactment and other bodies, declared by the Regulations to be prescribed authorities, being bodies established by the Governor-General or by a Minister, or over which the Commonwealth can exercise control. Schedule 1 to the Regulations lists bodies in this last category of prescribed authorities.
The “principal officer” of an agency is, in the case of a Department, the Secretary to the Department, In the case of a prescribed authority, the “principal officer” is the person constituting the authority, the person entitled to preside at a meeting of the authority, or the person holding an office declared in the Regulations to be the principal office. Schedule 2 to the Regulations lists all the offices declared as principal offices.
The “responsible Minister” of an agency is the Minister administering the Department or, in the case of a prescribed authority established by an enactment, the Minister administering the enactment. For all other prescribed authorities, including those prescribed in the Regulations, it is necessary to declare a Minister to be the responsible Minister. Schedule 3 to the Regulations lists the responsible Ministers for this last category of prescribed authorities.
The amending regulations have updated these three Schedules to take account of changes that have occurred since the Regulations were last amended in December 1985.
Notes on the amending regulations are attached.
ATTACHMENT
NOTES ON REGULATIONS
Regulation 1 - Principal Regulations
Regulation 1 provides that the expression “Principal Regulations” means the Freedom of Information (Miscellaneous Provisions) Regulations.
Regulation 2 - Schedule 1
2. Regulation 2 deletes from Schedule 1 to the Principal Regulations a reference to the Housing Branch Advisory Committee, which has been abolished. Schedule 1 is a list of bodies declared to be “prescribed authorities”.
Regulation 3 - Schedule 2
3. Regulation 3 declares that the principal office in respect of the Australian Trade Commission is its Managing Director and the principal office in respect of the Defence Force Remuneration Tribunal is its Secretary. It also deletes from the list of principal offices references to Export Development Grants Board and the Housing Branch Advisory Committee, which have been abolished.
Regulation 4 — Schedule 3
4. Regulation 4 deletes from Schedule 3 to the Principal Regulations a reference to the Housing Branch Advisory Committee. Schedule 3 is a list of “responsible Ministers” in respect of prescribed authorities.
Overview
The Freedom of Information (Miscellaneous Provisions) Regulations (Amendment) Statutory Rules 1986 No. 45, enacted to amend the Freedom of Information (Miscellaneous Provisions) Regulations, was introduced to address the need for updating the schedules of prescribed authorities, principal officers, and responsible Ministers in line with changes in the Commonwealth Government's structure and functions. The regulations were made under sections 4 and 94 of the Freedom of Information Act 1982, empowering the Governor-General to prescribe matters necessary for the Act's implementation. This legislative amendment ensures that the definitions and lists within the Regulations reflect the current entities and officials involved in administering the Act, thereby maintaining the efficacy and relevance of the Freedom of Information framework. The policy objective is to ensure that the regulatory framework remains current and effectively facilitates access to information held by Commonwealth bodies.
Scope and Application
The Freedom of Information (Miscellaneous Provisions) Regulations (Amendment) Statutory Rules 1986 No. 45, made under the Freedom of Information Act 1982, update the Freedom of Information (Miscellaneous Provisions) Regulations to reflect changes in the administrative landscape since their last amendment in 1985. The amended Regulations adjust the definitions and schedules concerning prescribed authorities, principal officers, and responsible Ministers. The Act applies to all statutory bodies and other agencies performing functions of the Commonwealth Government, including those established by the Governor-General or a Minister, and over which the Commonwealth can exercise control. The scope of the Act is broad, encapsulating any body declared a prescribed authority in Schedule 1, the principal officer in Schedule 2, or the responsible Minister in Schedule 3 of the Regulations. The amendments ensure that these schedules accurately reflect the current organisational structure by removing references to abolished bodies and updating roles to align with current practices. These regulations do not introduce new exclusions, exemptions, or thresholds but ensure that the application of the Freedom of Information Act 1982 remains current and relevant to the Commonwealth’s administrative entities.
Key Provisions
The operative sections of these amending regulations focus on updating the definitions and lists within the existing Freedom of Information (Miscellaneous Provisions) Regulations. Regulation 1 confirms the term "Principal Regulations" to mean the existing Freedom of Information (Miscellaneous Provisions) Regulations. Regulation 2 deletes any reference to the Housing Branch Advisory Committee from Schedule 1, which lists bodies declared to be "prescribed authorities". Regulation 3 declares the principal offices for the Australian Trade Commission and the Defence Force Remuneration Tribunal and removes references to the Export Development Grants Board and the Housing Branch Advisory Committee from Schedule 2, which lists principal offices for various authorities. Regulation 4 eliminates any reference to the Housing Branch Advisory Committee from Schedule 3, which identifies responsible Ministers for various prescribed authorities.
The regulations impose obligations on prescribed authorities and responsible Ministers by updating the lists of bodies and offices within Schedules 1, 2, and 3. These updates ensure that the Regulations accurately reflect the current structure and functions of the Commonwealth Government. The amendments require prescribed authorities and responsible Ministers to align with the latest organisational changes and abolishments, ensuring that the Regulations remain relevant and effective.
Failure to comply with the Freedom of Information Act 1982 and its associated regulations can lead to civil and criminal consequences. Under section 117 of the Act, a person who contravenes certain provisions of the Act may be liable to pay a pecuniary penalty of up to $6,600 for each contravention. Furthermore, under section 118, a person who contravenes the Act may be guilty of an offence and liable to a penalty of up to $66,000. These penalties are intended to deter non-compliance and ensure adherence to the provisions designed to promote transparency and accountability within the Commonwealth Government.