Freedom of Information (FOI) Reform
Introduction
The Australian Government announced as part of its 2007 election policies that it would reform the Freedom of Information Act 1982 (FOI Act) with the principal objects of promoting a pro-disclosure culture across the Government and building a stronger foundation for more openness in government.
Australian Information Commissioner Act 2010 and Freedom of Information Amendment (Reform) Act 2010
The Australian Information Commissioner Act 2010 and the Freedom of Information Amendment (Reform) Act 2010 passed through the Parliament on 13 May 2010. Both Acts received Royal Assent on 31 May 2010.
The majority of the measures, including the establishment of the new Office of the Australian Information Commissioner, will commence on 1 November 2010. Different commencement times apply for:
- the Information Publication Scheme (new Part II of the FOI Act) which will commence on 1 May 2011,
- a requirement for agencies to publish information where access has been given under Part III of the FOI Act (new section 11C FOI Act) which will commence on 1 May 2011; and
- changes to bring forward the ‘open access period’ in the Archives Act 1983 for most records from 30 years to 20 years which will begin on 1 January 2011 (records created in 1980 or 1981) and will be phased in over a ten year period so that a record created in 2000 will be in the open access period on 1 January 2021; and
- changes to bring forward the ‘open access period’ in the Archives Act for Cabinet notebooks from 50 years to 30 years which will begin on 1 January 2011 and will be phased in over a ten year period so that a Cabinet notebook created in 1990 will be in the open access period on 1 January 2021.
You can view information on the Bills at the Parliament of Australia ParlInfo website: Australian Information Commissioner Bill 2010 and Freedom of Information Amendment (Reform) Bill 2010.
Introduction of the Bills followed the Government’s consideration of public submissions on exposure draft legislation. Public submissions received were posted on the submissions page.
Appointment of the Information Commissioner Designate
On 26 February 2010 the Government announced the appointment of Professor John McMillan AO as the Information Commissioner Designate. Professor McMillan will be responsible for ensuring the Office of the Information Commissioner is fully operational as soon as practicable after commencement of the reforms. Professor McMillan’s appointment as Information Commissioner will commence on 1 November 2010.
The Information Commissioner will be supported by two statutory officers – the Privacy Commissioner and the FOI Commissioner. Timothy Pilgrim was appointed as the Privacy Commissioner for a term of 5 years from 19 July 2010.
Proposed changes to FOI fees and charges
On 24 March 2009 the Government announced proposed reforms to FOI fees and charges, including that no application fees (including for internal review) will apply to access requests; no charges will apply to applicants seeking access to their own personal information under the FOI Act; for all other applications, the first hour of decision-making time will be free (except for journalists and not-for-profit community groups where the first five hours of decision making time will be free); and applications not decided within the statutory time frame will be processed free of charge. The Government also announced that the Information Commissioner will be requested to undertake a comprehensive review of charges within 12 months of the Commissioner’s appointment.
Some of these changes will require amendment of the Freedom of Information (Fees and Charges) Regulations 1982.
Freedom of Information (Removal of Conclusive Certificates and Other Measures) Act 2009
The Freedom of Information (Removal of Conclusive Certificates and Other Measures) Act 2009 commenced on 7 October 2009. The Act repealed the power to issue conclusive certificates in the FOI Act and the Archives Act 1983. You can view the Act at the ComLaw website. For information about the Bill for this Act, please visit the Parliament of Australia ParlInfo website.
Email Alerts
You can also subscribe to receive email alerts about the FOI reform process.
If you subscribe to receive alerts, your email address will only be used for the purpose of receiving updates relating to the FOI reforms.
Letter to Departmental Secretaries and Agency Heads
On 30 April 2009, the then Cabinet Secretary, Senator the Hon John Faulkner, wrote to departmental secretaries and agency heads asking them to take a lead role in facilitating the Government’s policy objective of enhancing a culture of disclosure. A copy of the letter is available from Cabinet Secretary’s website.
Report on Information and E-Governance in the Australian Government
In February 2009, Dr Ian Reinecke, Principal, Strategies and Solutions Group was engaged by PM&C to provide specialist advice and report on information management issues, including information policy and e-governance. The Report on Information Policy and E-Governance in the Australian Government is now available.Further Information
Further information (such as media releases) is available from the Cabinet Secretary’s website.
If you have questions on the FOI reform process, please contact the Privacy & FOI Policy Branch within PM&C on telephone (02) 6271 5311 or by email to foiconsultation@pmc.gov.au.
Viewing and Downloading Publications
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