On 19 October 2011, the Governor-General approved an amendment to the Administrative Arrangements Order transferring responsibilities for privacy and freedom of information policy from the Department of the Prime Minister and Cabinet to the Attorney-General’s Department. The Privacy and Freedom of Information Policy Branch within the Department of the Prime Minister and Cabinet has transferred to the Attorney-General’s Department as the Information Law and Policy Branch. Relevant parts of this webpage and its contents will shortly be updated and relocated to the website of the Attorney-General’s Department (www.ag.gov.au).
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, commenced 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 of the FOI Act) which will commence on 1 May 2011;
- 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 about the new FOI regime on the Office of the Australian Information Commissioner website.
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.
New requirement for agencies to take contractual measures
Agencies will be required to take contractual measures to ensure they receive documents held by certain contractors or subcontractors if a person requests access to documents under the FOI Act. The requirement applies to certain contracts entered into on or after 1 November 2010. The Office of the Australian Information Commissioner has issued a model clause and guidance document for download from the Office's website.
Appointment of the Australian Information Commissioner and the FOI Commissioner
On 26 February 2010 the Government announced the appointment of Professor John McMillan AO as the Information Commissioner Designate. Professor McMillan’s appointment as Australian Information Commissioner commenced on 1 November 2010.
The Australian Information Commissioner is supported by two statutory officers – the Privacy Commissioner and the Freedom of Information Commissioner.
Mr Timothy Pilgrim was appointed as the Privacy Commissioner for a term of 5 years from 19 July 2010.
On 29 October 2010 the Government announced the appointment of Dr James Popple as the FOI Commissioner, effective from 1 November 2010. Dr Popple’s appointment is for 5 years.
Changes to FOI fees and charges regime
On 24 March 2009 the Government announced proposed reforms to the FOI fees and charges regime. The Government also announced that the Australian Information Commissioner will be requested to undertake a comprehensive review of charges within 12 months of the Commissioner’s appointment.
Changes to the FOI fees and charges regime were implemented by the Freedom of Information (Fees and Charges) Amendment Regulations 2010 (No. 1) which commenced on 1 November 2010 and amends the Freedom of Information (Charges) Regulations.
In summary, for applications received on or after 1 November 2010, the changes are:
- no application fee is payable for an FOI request or application for internal review;
- an applicant who seeks access to their own personal information does not pay any charges;
- for all other applications, the first five hours of decision-making time is free of charge; and
- any charges are not payable where an agency or Minister fails to notify a decision within a period prescribed in the Act (including a permitted extension period).
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
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 to download below.
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
If you have questions on the FOI reform process, please contact the Privacy & FOI Policy Branch in PM&C on telephone (02) 6271 5311.