Under the foi act we may decide toimpose a charge relating to an foi request. Ministers and government entities may claim certain specific grounds exemptions as a basis to refuse access to. Superannuation complaints tribunal information publication. That is not to say that a person cannot represent a public interest. Freedom of information administrative appeals tribunal. Freedom of information act 1982 cth s 47b public interest conditional exemptionscommonwealthstate. Freedom of information act 2000 gives the public the right to access information possessed by and pertaining to the entities that perform functions funded by the taxpayer money and affect the life of the public, at large. The disclosure log provides access to information which has been released in response to an foi request. Freedom of information act 1982 cth s 47 documents disclosing trade secrets or commercially valuable information. In the end result compromises were made and the freedom of information act 1982 cth was the subject of. This compilation was prepared on 1 july 2011 taking into account amendments up to act no. The freedom of information act 1982 foi act and the australian information commissioner act 2010 aic act together constitute the legislative framework to provide the public with a right of access to government documents. Foi disclosure log therapeutic goods administration tga. In the end result compromises were made and the freedom of information act 1982 cth was the subject of criticism from both sides of the parliament.
The text of any of those amendments not in force on that date is appended in the notes section. Western australian legislation freedom of information. This includes information they hold about you or about government policies and decisions. A public interest is an interest that is shared by the community as a whole, as opposed to a private interest that is held only by the individual concerned. Your details title first name family name postal address. Publicly available information released following an foi access request. Versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act. Freedom of information act 1982 cth last modified on 16 august, 2010. When the united states freedom of information act was passed in 1966, the idea. A foi applicant is not required to explain their reason for seeking access, or demonstrate a special need for or interest in a document. Certain legislation relating to australian capital territory not to be enactment 4b. We would like to show you a description here but the site wont allow us.
Extension of time limit for granting or refusing application 7. There is no analogous exemption under the freedom of information act 1982 cth, although that act specifically exempts courts and tribunals from its operation in relation to their judicial functions. Request for access to documents under the freedom of information act 1982 cth. Objectsinformation or documents otherwise accessible 4. Access to documents under the freedom of information act 1982 cth use this form for access to documents under the freedom of information act 1982 cth, which are not personal health records. Freedom of information act 1982 federal register of legislation. Act not to apply to access to certain documents of office of victorian information commissioner 6a. Section 93a also requires australian government ministers and agencies to have regard to these guidelines when performing a function or exercising a power under the foi act. The act stipulates that decisions makers must consider. The operation of amendments that have been incorporated may be. The freedom of information act 1982 cth foi act gives you the legal right to. We provide information this way to reduce the need for members of the public to submit foi requests. As the 30th anniversary of the foi act passes, the development of foi law and culture since the act was initially passed has undergone incredible change.
On one view, any release of information pursuant to a request made under the foi act is an authorised release of information. Administrative appeals tribunal practice direction freedom of information 4. Accs foi statement may 2019 freedom of information act 1982. Request for access to documents under the freedom of. Page 3 of 3 for further information about the aat, please call us on 1800 228 333 or go to. Where considered appropriate an estimate of charges will be provided to you by. Freedom of information act 1982 parliament of australia. Disclosure log under the freedom of information act. The functions conferred by section 8f b of the freedom of information act 1982.
Federal register of legislation australian government. Administration of the freedom of information act 1982. Breach of confidence in section 45 of the freedom of information act 1982 cth and clause 46 of the freedom of information bill of queensland j s. An act to give to members of the public rights of access to official documents of the government of the commonwealth and of its agencies. This plan is prepared in accordance with section 81 of the foi act. Schedule 2, part i, division 1 of the foi act alrc. The essential features of the act, as summarised in the guide to the freedom of information act 1982 2011, are. A foi applicant is not required to explain their reason for seeking access, or. Freedom of information foi request the purpose of this form, once it is fully and accurately completed by you the applicant, is to make a foi request to the australian digital health agency the agency for access to documents under the freedom of information act 1982 cth. These foi guidelines are not legislative instruments. The freedom of information act 1982 foi is australian commonwealth freedom of information legislation which gives members of the public rights of access to. The freedom of information act foia is a law that gives you the right to access information from the federal government. This is a compilation of the freedom of information act 1982 that shows the text of the law as amended and in force on 7 november 2017 the compilation date. The disclosure log lists information which has been released in response to an foi access request.
These statements are a statutory requirement under the freedom of information act 1982 vic. The freedom of information act 1982 cth 189 weight that it should be given on either side of the ledger. Procedure on request in respect of documents relating to business affairs etc. Pdf freedom of information applications as an evergreening.
This act may be cited as the freedom of information act 1982. This is a compilation of the freedom of information act 1982 that shows the text of the law as amended and in force on 14 september 2019 the compilation date. Personal information provided in this form will only be used for the purposes of processing the foi request. Decision and reasons for decision freedom of information act. Under both s 45 of the freedom of information act 1982 cth foi act and c 46 of the freedom of information bill of queensland foi bill, access to a document may be denied if the disclosure of such document may result in an action for breach of confidence by a person or body other than the government. Freedom of information re rakich and guardianship and administration board 2000 waicmr 3 page 5 of 6 the term tribunal is not defined. If you are lodging a freedom of information foi request on behalf of another person. This is a discretionary power and the imposition of charges should be fully transparent. Freedom of information act 2011 laws of the federation of nigeria arrangement of sections 1. Freedom of information act 1982 table of provisions long title part ipreliminary 1.
Attorneygenerals department, freedom of information act 1982 annual. Breach of confidence in section 45 of the freedom of. Freedom of information act 1982 cththis includes providing final decisions, updating the applicant on application progress and third party consultation notices completing weekly reports to the executive leadership group on the progress and. Western australian legislation freedom of information act 1992. Superannuation complaints tribunal information publication scheme plan october 2011 introduction the superannuation complaints tribunal the tribunal is an agency subject to the freedom of information act cth 1982 foi act and as such is required to comply with the information publication scheme. Freedom of information act 1982 cth 29 charges 1 where, under the regulations, an agency or minister decides that an applicant is liable to pay a charge in respect of a request for access to a document, or the provision of access to a document, the agency or minister must give to the applicant a written notice stating. Freedom of information request november 2019 for official use only page 3 of 3. Put simply, governmentheld information is a national resource2, and the public is entitled to have access to it within reasonable limits. Afp national guideline on freedom of information releases. It is often described as the law that keeps citizens in the know about their government. The broad objective of the foi act is to give the public the right to access.
The freedom of information act 1982 cth foi act is built around a basic principle. The federal court is required by section 11c of the freedom of information act 1982 cth foi act to publish a disclosure log on its website. The accs makes information available to the public on its website and in print materials. See documents held by australian government ministers, their departments and most statutory authorities in this pamphlet these bodies are called agencies. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. The therapeutic goods administration tga does not generally hold personal health records about individuals such as. The objects clause in section 3 of the foi act expands on this concept and provides clear direction on. The need for freedom of information legislation, and the form in which it should be enacted were issues hotly contested by many bureaucrats. Request for access to documents under the freedom of information act 1982 cth personal health records the department of health department does not generally hold personal health records about individuals such as. Request for access to documents under the freedom of information act 1982 cth the department of health health does not generally hold personal health records about individuals such as. The freedom of information act 1982 is australian commonwealth freedom of information legislation which gives members of the public rights of access to official documents of the government of the commonwealth and of its agencies. Freedom of information act central bank of nigeria. Details of these processes can be found on the relevant stateterritory health department websites.
Freedom of info around the world national democratic institute. Australian attorney general s department freedom of. The department of health, of which the tga is a part, is required by section 11c of the freedom of information act 1982 the foi act to disclose access decisions through a disclosure log on its website. The oco receives foi requests for a wide range of documents, however, the two main requests are. The australian information commissioner can issue guidelines about the operation of the freedom of information act 1982 foi act under s 93a. Freedom of information comasters law firm and notary public. Ask for information concerning you to be changed if it is incomplete, out of. This compilation was prepared on 15 february 2012 taking into account amendments up to act no. The accident compensation and conciliation service accs is a statutory body established under the accident compensation act 1985 vic to facilitate timely and cost effective resolution of workers compensation disputes.
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