EXPLANATORY STATEMENT
Statutory Rules 1985 No. 106
Issued by the Authority of the Attorney-General
FREEDOM OF INFORMATION (MISCELLANEOUS PROVISIONS) REGULATIONS (AMENDMENT)
This Regulation, made under sections 4 and 94 of the Freedom of Information Act 1982 (“the Act”), amends the Freedom of Information (Miscellaneous Provisions) 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 Regulation replaces the three existing Schedules with new ones to reflect changes in administrative arrangements effected by the Administrative Arrangements Order dated 13 December 1984. It also updates the Regulations to take account of other changes that have occurred since the Freedom of Information (Miscellaneous Provisions) Regulations were last amended in December 1983 and corrects a number of omissions.
Overview
The Freedom of Information (Miscellaneous Provisions) Regulations (Amendment) was enacted to amend the existing Freedom of Information (Miscellaneous Provisions) Regulations made under the Freedom of Information Act 1982. This amendment was necessary to ensure that the regulations align with the current administrative arrangements and address changes that have occurred since the last amendment in December 1983. The amendment was made under sections 4 and 94 of the Act, empowering the Governor-General to make Regulations necessary for carrying out or giving effect to the Act. The primary objective of this amendment was to update the regulations to reflect administrative changes and correct omissions, thereby ensuring the regulations continue to serve their purpose effectively. The enacting body was the Parliament, which authorised the amendment through the statutory rules issued in 1985.
Scope and Application
The Freedom of Information (Miscellaneous Provisions) Regulations (Amendment) Statutory Rules 1985 No. 106 applies to all prescribed authorities, principal officers, and responsible Ministers as defined under the Freedom of Information Act 1982. These definitions include statutory bodies, agencies performing Commonwealth Government functions, and persons or bodies performing duties established by enactment, all of which are required to adhere to the Act’s provisions. The Act’s jurisdiction extends across the Commonwealth of Australia, affecting all entities established by or under an Act of Parliament and over which the Commonwealth can exercise control. The Regulations, updated to reflect changes in administrative arrangements and correct omissions, provide a comprehensive framework for the implementation and enforcement of the Act’s principles. Additionally, the Regulations can extend or restrict application through subordinate instruments, ensuring flexibility and adaptability to evolving administrative contexts.
Key Provisions
The main operative sections of the Freedom of Information (Miscellaneous Provisions) Regulations (Amendment) provide for the amendment of the existing regulations to reflect recent administrative changes and to correct various omissions. Section 4 of the Freedom of Information Act 1982 (the "Act") is an interpretation provision that defines key terms such as "prescribed authority", "principal officer", and "responsible Minister" (s 4(1)). This amendment seeks to ensure these definitions remain accurate and relevant by updating the definitions in light of recent administrative changes and corrections. The regulation also replaces the three existing Schedules with new ones to reflect changes in administrative arrangements effected by the Administrative Arrangements Order dated 13 December 1984 (s 1). It further updates the Regulations to take account of other changes that have occurred since the Freedom of Information (Miscellaneous Provisions) Regulations were last amended in December 1983 and corrects a number of omissions (s 1).
The obligations and requirements imposed by this Act on the parties or entities it governs primarily revolve around ensuring that the definitions and administrative arrangements outlined in the Act are kept up to date. This includes the responsibility of prescribed authorities, principal officers, and responsible Ministers to ensure their roles and responsibilities are accurately reflected in the relevant schedules (s 4(1)). Furthermore, the Act mandates that these schedules be updated to reflect any changes in administrative arrangements, as evidenced by the Administrative Arrangements Order dated 13 December 1984, as well as other changes since the last amendment in December 1983 (s 1). It also requires the correction of any omissions that may have occurred in the previous versions of the Regulations.
In terms of offences, penalties, or civil/criminal consequences for breach, the Act does not explicitly state any specific penalties for non-compliance with these regulatory amendments. However, the overarching framework of the Freedom of Information Act 1982 implies that non-compliance with its provisions could lead to various consequences. These may include legal actions taken by individuals seeking information who find that their requests are being improperly handled due to outdated or incorrect administrative arrangements. Additionally, failure to update and correct the schedules could potentially lead to broader administrative inefficiencies or legal challenges from affected parties. The precise penalties would depend on the specific nature of the breach and the resulting impact on the administration of the Act.