Freedom of Information Amendment (Reform) Act 2010
No. 51, 2010
An Act to amend the law relating to access to information, and for related purposes
Contents
1 Short title...........................................................................................1 2 Commencement.................................................................................2 3 Schedule(s)........................................................................................3
Schedule 1—Objects 4 Freedom of Information Act 1982 4 Schedule 2—Publication of information 6 Freedom of Information Act 1982 6 Schedule 3—Exemptions 14 Part 1—Open access period amendments 14 Archives Act 1983 14 Part 2—Main exemption amendments 17 Freedom of Information Act 1982 17 Part 3—Other exemption amendments 43 Archives Act 1983 43 Privacy Act 1988 44 Part 4—Application provisions 45 Schedule 4—Information Commissioner amendments 46 Part 1—Main amendments 46 Freedom of Information Act 1982 46 Part 2—Other amendments 121 Ombudsman Act 1976 121 Part 3—Application and transitional provisions 123
Schedule 5—Amendments consequential on the establishment of the Office of the Australian Information Commissioner 125 Anti-Money Laundering and Counter-Terrorism Financing Act 2006 125 Australian Citizenship Act 2007 125 Australian Human Rights Commission Act 1986 125 Aviation Legislation Amendment (2008 Measures No. 2) Act 2009 126
Freedom of Information Amendment (Reform) Act 2010 No. 51, 2010
Child Care Act 1972 126 Crimes Act 1914 126 Data-matching Program (Assistance and Tax) Act 1990 128 Environment Protection and Biodiversity Conservation Act 1999 129 Fair Work Act 2009 130 Fisheries Management Act 1991 130 Migration Act 1958 130 National Health Act 1953 130 National Health and Medical Research Council Act 1992 131 Privacy Act 1988 132 Telecommunications Act 1997 132 Telecommunications (Interception and Access) Act 1979 134 Torres Strait Fisheries Act 1984 134 Schedule 6—Other amendments 135 Part 1—Amendments to the Freedom of Information Act 1982 135 Freedom of Information Act 1982 135 Part 2—Application provisions 150 Part 3—Amendment of other Acts 151 Administrative Appeals Tribunal Act 1975 151 Australian Crime Commission Act 2002 151 Environment Protection and Biodiversity Conservation Act 1999 151 Inspector-General of Intelligence and Security Act 1986 153 Schedule 7—Privacy Commissioner transition 154 Part 1—Preliminary 154 Part 2—Office holders, staff and consultants 155 Part 3—Things done by, or in relation to, the Privacy Commissioner 158 Part 4—Investigations 161 Part 5—Written instruments and reporting requirements 163 Part 6—Legal and other proceedings 165
Part 7—Miscellaneous
Freedom of Information Amendment (Reform) Act 2010 No. 51, 2010
Freedom of Information Amendment (Reform) Act 2010
No. 51, 2010
An Act to amend the law relating to access to information, and for related purposes
[Assented to 31 May 2010]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Freedom of Information Amendment (Reform) Act 2010.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not | The day this Act receives the Royal Assent. | 31 May 2010 |
elsewhere covered | |
by this table | |
2. Schedule 1 | Immediately after the commencement of section 3 of the Australian Information | 1 November 2010 |
Commissioner Act 2010. | |
However, if section 3 of the Australian Information Commissioner Act 2010 does | |
not commence, the provision(s) do not commence at all. | |
3. Schedule 2 | The day after the end of the period of 6 months beginning on the day section 3 of the Australian Information Commissioner Act | 1 May 2011 |
| 2010 commences. | |
| However, if section 3 of the Australian Information Commissioner Act 2010 does | |
| not commence, the provision(s) do not commence at all. | |
4. Schedule 3, items 1 to 14 | Immediately after the commencement of section 3 of the Australian Information | 1 November 2010 |
| Commissioner Act 2010. | |
| However, if section 3 of the Australian Information Commissioner Act 2010 does | |
| not commence, the provision(s) do not commence at all. | |
5. Schedule 3, item 15 | The day after the end of the period of 6 months beginning on the day section 3 of the Australian Information Commissioner Act 2010 commences. | 1 May 2011 |
Commencement information Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
| However, if section 3 of the Australian Information Commissioner Act 2010 does | |
| not commence, the provision(s) do not commence at all. | |
6. Schedule 3, items 16 to 40 | Immediately after the commencement of section 3 of the Australian Information | 1 November 2010 |
| Commissioner Act 2010. | |
| However, if section 3 of the Australian Information Commissioner Act 2010 does | |
| not commence, the provision(s) do not commence at all. | |
7. Schedules 4 to 7 | Immediately after the commencement of section 3 of the Australian Information Commissioner Act 2010. However, if section 3 of the Australian Information Commissioner Act 2010 does not commence, the provision(s) do not commence at all. | 1 November 2010 |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Freedom of Information Amendment (Reform) Act 2010 No. 51, 2010
Schedule 1—Objects
Freedom of Information Act 1982
1 Section 3
Repeal the section, substitute:
3 Objects—general
- (1)
- The objects of this Act are to give the Australian community access to information held by the Government of the Commonwealth, by:
- (a)
- requiring agencies to publish the information; and
- (b)
- providing for a right of access to documents.
- (2)
- The Parliament intends, by these objects, to promote Australia’s representative democracy by contributing towards the following:
- (a)
- increasing public participation in Government processes, with a view to promoting better-informed decision-making;
- (b)
- increasing scrutiny, discussion, comment and review of the Government’s activities.
- (3)
- The Parliament also intends, by these objects, to increase recognition that information held by the Government is to be managed for public purposes, and is a national resource.
- (4)
- The Parliament also intends that functions and powers given by this Act are to be performed and exercised, as far as possible, to facilitate and promote public access to information, promptly and at the lowest reasonable cost.
3A Objects—information or documents otherwise accessible
Scope
(1) This section applies if a Minister, or an officer of an agency, has the power to publish, or give access to, information or a document (including an exempt document) apart from under this Act.
Publication and access powers not limited
(2) The Parliament does not intend, by this Act, to limit that power, or to prevent or discourage the exercise of that power: - (a)
- in the case of the power to publish the information or document—despite any restriction on the publication of the information or document under this Act; and
- (b)
- in the case of the power to give access to the information or document—whether or not access to the information or document has been requested under section 15.
2 Section 14
Repeal the section.
Freedom of Information Amendment (Reform) Act 2010 No. 51, 2010
Schedule 2—Publication of information
Freedom of Information Act 1982
1 Subsection 4(1)
Insert: operational information has the meaning given by section 8A.
2 Subsection 4(9)
Omit “of this Act (other than sections 8 and 93)”.
3 Part II
Repeal the Part, substitute:
Part II—Information publication scheme Division 1—Guide to this Part
7A Information publication scheme—guide
This Part establishes an information publication scheme for agencies.
Each agency must publish a plan showing how it proposes to implement this Part.
An agency must publish a range of information including information about what the agency does and the way it does it, as well as information dealt with or used in the course of its operations, some of which is called operational information.
In addition, an agency may publish other information held by the agency.
Information published by an agency must be kept accurate, up-to-date and complete.
An agency is not required to publish exempt matter. An agency is also not required to publish information if prohibited by another enactment.
The information (or details of how to access the information) must be published on a website. If there is a charge for accessing the information, the agency must publish details of the charge.
An agency must, in conjunction with the Information Commissioner, review the operation of the scheme in the agency every 5 years (if not earlier).
An agency must have regard to the objects of this Act, and guidelines issued by the Information Commissioner, in doing anything for the purposes of this Part.
If operational information is not published in accordance with this Part, a person must not be subjected to any prejudice as a result of not having access to the information.
Division 2—Information to be published
8 Information to be published—what information?