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This is a Bill, not an Act. For current law, see the Acts databases.
FREEDOM OF INFORMATION AMENDMENT BILL 2006
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Freedom of
Information Amendment Bill 2006
Contents
Page
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Freedom of
Information Amendment Bill 2006
A Bill for
An Act to amend the
Freedom of Information Act
1989
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Freedom of Information Amendment Act 2006.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Freedom of Information Act 1989.
4 Interpretation
for ActSection 4 (1), new definition of
personal information
insert
personal information means information or an opinion
(including information forming part of a database), whether true or not, and
whether recorded in a material form or not, about an individual whose identity
is apparent, or can reasonably be ascertained, from the information or
opinion.
5 Pt
3 not to apply to certain documentsSection
11 (2) (a)
omit
information relating to the personal affairs of that person
substitute
personal information about the person
6 Time
within which requests to be decidedSection
18 (4)
substitute
(4) The period of 30 days mentioned in subsection (1) (d) must be extended
by 30 days if the agency or Minister to whom the request was made determines, in
writing, that the requirements of section 26, 27 or 27A make it appropriate
to extend the period.
7 Requests
may be refused in certain casesSection
23 (1)
substitute
(1) An agency or Minister may refuse to grant access to documents in
accordance with a request without processing the request if—
(a) the request is expressed to relate to all documents, or to all
documents of a stated class, that contain information of a stated kind or relate
to a stated subject matter; and
(b) the agency or Minister is satisfied that the work involved in giving
access to all documents to which the request relates would substantially and
unreasonably—
(i) divert the resources of the agency from its other operations; or
(ii) interfere with the performance by the Minister of his or her
functions.
(1A) In deciding, for subsection (1), whether to refuse to grant a
request, the agency or Minister—
(a) must have regard to the number and volume of the documents and the
resources that would have to be used in—
(i) identifying, locating and collating the documents (including documents
held in the Minister’s office or by contractors outside the agency);
and
(ii) examining the documents and consulting on the documents with any
entity in relation to the request; and
(iii) copying the documents; and
(iv) preparing an itemised schedule of the documents; and
(v) notifying the applicant of any interim or final decision on the
request; but
(b) must not have regard to—
(i) any fee or charge payable for processing the request; or
(ii) any reason that the person requesting access gives for requesting
access; or
(iii) the agency’s or Minister’s belief as to the
person’s reasons for requesting access.
(1B) Subsection (1A) (a) does not limit the matters the Minister may
have regard to.
8 Procedure
on request in respect of documents likely to affect relations between the
Territory and the Commonwealth or a
StateNew section 26 (2) (b)
(ia)
insert
(ia) an application has been made but the tribunal has dismissed the
application under the Administrative Appeals Tribunal Act 1989, section
43 or section 43A or made a decision mentioned in that Act, section 43B;
or
9 Procedure
on request in respect of document relating to business affairs
etcNew section 27 (2) (b)
(ia)
insert
(ia) an application has been made but the tribunal has dismissed the
application under the Administrative Appeals Tribunal Act 1989, section
43 or section 43A or made a decision mentioned in that Act, section 43B;
or
insert
27A Procedure on request in relation to document
containing personal information
(1) This section applies if—
(a) a request is received by an agency
or Minister in relation to a document containing personal information about a
person (including a person who has died); and
(b) it appears to the person dealing
with the request that the person mentioned in paragraph (a), or if that person
has died, the person’s legal representative, might reasonably wish to
submit that the document is an exempt document under section 41 (Documents
affecting personal privacy) so far as it contains personal
information.
(2) A decision to grant access under this Act to the document, so far as
it contains the personal information, must not be made unless, if it is
reasonably practicable to do so having regard to all the circumstances
(including the application of section 18)—
(a) the person dealing with the request
has given the person or the legal representative of the person, a reasonable
opportunity to make a submission that the document, so far as it contains the
personal information, is an exempt document under section 41; and
(b) the person making the decision has
considered any submission made in relation to the request.
(3) In deciding, for subsection (1), whether a person might reasonably
wish to submit that a document, so far as it contains personal information, is
an exempt document under section 41, the person dealing with the request,
must have regard to the following:
(a) the extent to which the personal
information is well known;
(b) whether the person to whom the
personal information relates is known to be associated with the matters dealt
with in the document;
(c) the availability of the personal
information from publicly accessible sources;
(d) anything else the person dealing
with the request considers relevant.
(4) If, after any submissions have been made in accordance with subsection
(2), a decision is made that the document, so far as it contains the personal
information, is not an exempt document under section 41—
(a) the person dealing with the request
must notify the following people, in writing, of the decision:
(i) the person who made the request;
(ii) a person who made a submission in
relation to the request; and
(b) access must not be given to the
document, so far as it contains the personal information,
unless—
(i) the time for an application to the
tribunal by that person in accordance with section 69A (Review of certain
decisions about documents relating to personal affairs) has expired and an
application to extend the application period has not been made; or
(ii) an application has been made but
the tribunal has dismissed the application under the Administrative Appeals
Tribunal Act 1989, section 43 or section 43A or made a decision mentioned in
that Act, section 43B; or
(iii) an application to review a
decision has been made and the tribunal has confirmed the decision.
(5) In this section:
dealing with a request includes reviewing, under section 59,
a decision refusing the request.
11 Charge
may be remitted Section 29 (3)
(b)
omit
the personal affairs of the applicant
substitute
personal information about the applicant
12 Remission
of application feesSection 30 (1) (b)
(ii)
omit
the personal affairs of the applicant or to
substitute
personal information about the applicant or
insert
37A Documents affecting national security, defence or
international relations
(1) A document is an exempt document if its disclosure under this
Act—
(a) would, or could reasonably be
expected to, cause damage to—
(i) the security of the Commonwealth,
the Territory or any State; or
(ii) the defence of the Commonwealth,
the Territory or any State; or
(iii) the international relations of
the Commonwealth; or
(b) would divulge any information or
matter communicated in confidence by or for a foreign government, an authority
of a foreign government or an international organization to the government of
the Commonwealth or Territory, to an authority of the Commonwealth or Territory
or to a person receiving the communication of the Commonwealth or Territory or
of an authority of the Territory.
(2) If a Minister is satisfied that a document is an exempt document under
subsection (1), the Minister may sign a certificate to that effect stating the
reason and, subject to part 7, the certificate, while in force, establishes
conclusively that the document is an exempt document.
(3) If a Minister is satisfied as mentioned in subsection (2) only because
of matter contained in a particular part of a document, a certificate under that
subsection in relation to the document may identify that part of the document
that contains the matter.
(4) If a Minister is satisfied that information about the existence or
non-existence of a document described in a request would, if contained in a
document of an agency, cause the document to be an exempt document under
subsection (1), the Minister may sign a certificate to that effect, stating that
reason.
Note 1 A Minister may delegate the Minister’s functions under
an Act or statutory instrument to anyone else (see Legislation Act, s
254A).
Note 2 For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
(5) In this section:
security of the Commonwealth, the Territory or any State
includes—
(a) matters relating to the detection,
prevention or suppression of activities, whether within or outside Australia,
subversive of, or hostile to the interests of the Commonwealth, the Territory or
any State or of any country allied or associated with the Commonwealth;
and
(b) the security of any communications
system or cryptographic system of the Commonwealth, the Territory, any State or
of another country used for—
(i) the defence of the Commonwealth,
the Territory or any State or of any country allied or associated with the
Commonwealth; or
(ii) the conduct of the international
relations of the Commonwealth.
14 Documents
affecting personal privacySection 41
(1)
omit
information relating to the personal affairs of
substitute
personal information about
15 Persons
may make application for amendment of
recordsSection 48
omit
information relating to the person’s personal affairs
substitute
personal information about the person
insert
69A Review of certain decisions about documents
relating to personal affairs
(1) Subsection (2) applies if—
(a) a request has been made for access
to a document containing personal information about a person (including a
deceased person); and
(b) an agency or Minister decides that
the document to which the request relates is not an exempt document under
section 41 (Documents affecting personal privacy).
(2) A person or, if the person is deceased, the legal representative of
the person, may apply to the tribunal for a review of the decision.
(3) If an application is made under subsection (2)—
(a) the provisions of this part (other
than section 60 and section 71) apply in the same way as they apply to an
application for review of a decision refusing to grant access to a document;
and
(b) the person dealing with the
application must inform the person who made the request of the
application.
(4) Subsection (5) applies if—
(a) a request is made for access to a
document containing personal information about a person (including a deceased
person); and
(b) an agency or Minister decides not
to grant access to the document; and
(c) an application is made to the
tribunal for a review of the decision.
(5) The person dealing with the application must inform the person
mentioned in subsection (4) (c) or, if the person has died, the legal
representative of the person, of the application.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2006.
2 Notification
Notified under the Legislation Act on 2006.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2006
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