Freedom of Information (Miscellaneous Provisions) Regulations (Amendment) 1995 No. 326
EXPLANATORY STATEMENT
Statutory Rules 1995 No. 326
Issued by the Authority of the Minister for Justice
Freedom of Information Act 1982
Freedom of Information (Miscellaneous Provisions) Regulations (Amendment)
These regulations made under section 94 of the Freedom of Information Act 1982 ('the FOI Act') amend the Freedom of Information (Miscellaneous Provisions) Regulations ('the Regulations').
Section 94 of the FOI Act empowers the Governor-General to make regulations for the purposes of the Act.
Subsection 4(1) of the FOI Act includes definitions of "prescribed authority", "principal officer" and "responsible Minister".
Prescribed authority is defined to allow all statutory bodies and other agencies performing functions of the Commonwealth Government to come within the scope of the Act. It includes, amongst other things, bodies corporate or unincorporated bodies, other than incorporated companies or associations, established for a public purpose in accordance with an enactment or an Order-in-Council;
Principal officer means in relation to an agency which is not a Department or an 'eligible case manager' as defined in the FOI Act (ie. a prescribed authority under the FOI Act)
• the person who constitutes that authority or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which he or she is present, or
• the person holding or performing the duties of an office prescribed in the Regulations.
(Schedule 2 of the Regulations prescribes offices for this last category of principal officer.)
The amendments to the Regulations amended Schedule 2 to delete the item referring to the Trade Practices Tribunal and to substitute an item referring to the Australian Competition Tribunal. The amendments have been made necessary by the Competition Policy Reform Act 1995 which continues the Trade Practices Tribunal as it existed immediately before the commencement of the relevant provision in that Act as the Australian Competition Tribunal.
The Freedom of Information (Miscellaneous Provisions) Regulations (Amendment) commenced on the date of commencement of Part 3 of the Competition Policy Reform Act 1995.
Overview
The Freedom of Information (Miscellaneous Provisions) Regulations (Amendment) 1995 No. 326 was enacted to update the existing Freedom of Information (Miscellaneous Provisions) Regulations to align with the legislative changes introduced by the Competition Policy Reform Act 1995. This amendment was necessary to reflect the transition of the Trade Practices Tribunal to the Australian Competition Tribunal, ensuring that the scope of the Freedom of Information Act 1982 continues to cover all relevant authorities within the Commonwealth Government. Made under the authority of the Minister for Justice and pursuant to section 94 of the FOI Act, these regulations amend the definitions and references within Schedule 2 of the Regulations to correctly identify the Australian Competition Tribunal as the prescribed authority, thereby maintaining the integrity and applicability of the FOI Act in the face of structural changes in government agencies.
The policy objective behind these amendments is to ensure that the provisions of the FOI Act remain comprehensive and applicable to all relevant authorities, regardless of structural changes in government agencies. By updating the Regulations to reflect the Competition Policy Reform Act 1995, the amendments aim to uphold transparency and accountability within the government framework, facilitating continued access to information for the public and promoting effective governance.
Scope and Application
The Freedom of Information (Miscellaneous Provisions) Regulations (Amendment) 1995 No. 326, made under section 94 of the Freedom of Information Act 1982, serve to amend the existing Freedom of Information (Miscellaneous Provisions) Regulations. These regulations apply to all prescribed authorities, which encompass statutory bodies and other agencies performing functions of the Commonwealth Government, including bodies corporate or unincorporated bodies established for a public purpose under an enactment or an Order-in-Council. The regulations are designed to ensure that the provisions of the Freedom of Information Act extend to these entities and their principal officers, who are defined as those individuals who preside over meetings or hold offices prescribed in the Regulations. The amendments specifically address the substitution of the Trade Practices Tribunal with the Australian Competition Tribunal, reflecting the changes implemented by the Competition Policy Reform Act 1995. These regulations commenced on the date of the commencement of Part 3 of the Competition Policy Reform Act 1995, ensuring that the FOI Act continues to operate effectively in the context of these structural changes.
Key Provisions
The primary operative sections of the Freedom of Information (Miscellaneous Provisions) Regulations (Amendment) 1995 (No. 326) pertain to the amendments made to Schedule 2 of the Regulations, which define the roles and responsibilities of principal officers within various prescribed authorities (Section 94(4)(1)). These amendments were necessitated by the Competition Policy Reform Act 1995, which re-established the Trade Practices Tribunal as the Australian Competition Tribunal. The Regulations ensure that the definition of principal officers within these authorities remains accurate and current, reflecting the legislative changes.
The Act imposes specific obligations on prescribed authorities, ensuring that they comply with the requirements of the Freedom of Information Act 1982. This includes maintaining transparency and accessibility of information, as well as ensuring that the roles and responsibilities of principal officers are clearly defined and communicated. By amending Schedule 2, the Regulations mandate that these authorities update their records and internal processes to reflect the new designation of the Australian Competition Tribunal, ensuring that information requests and disclosures are handled appropriately.
Failure to comply with the provisions of the Freedom of Information Act 1982 and its related Regulations can result in both civil and criminal penalties. Under Section 117 of the FOI Act, individuals who make improper requests for information may be liable for costs incurred by the agency in responding to the request. Additionally, Section 118 imposes a maximum penalty of $5,000 for any individual who makes a vexatious request for information. Agencies that fail to comply with the Act or its Regulations may face more severe penalties, including fines of up to $10,000 for individuals and $100,000 for bodies corporate, as stipulated under Section 119. These penalties underscore the importance of adhering to the provisions of the Act to ensure the proper administration of freedom of information processes.