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Freedom of Information Act 1982

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Freedom of Information Act 1982 Freedom of Information Act 1982 Act No. 3 of 1982 as amended This compilation was prepared on 1 July 2011 taking into account amendments up to Act No. 32 of 2011 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra ComLaw Authoritative Act C2011C00488 ComLaw Authoritative Act C2011C00488 Contents Part I—Preliminary 1 1 Short title [see Note 1] ....................................................................... 1 2 Commencement [see Note 1]............................................................. 1 3 Objects—general ............................................................................... 1 3A Objects—information or documents otherwise accessible ................ 2 4 Interpretation ..................................................................................... 2 4A Certain legislation relating to Australian Capital Territory not to be enactment .......................................................................... 16 4B Extension to Norfolk Island ............................................................. 16 5 Act to apply to courts in respect of administrative matters .............. 16 6 Act to apply to certain tribunals in respect of administrative matters ............................................................................................. 17 6A Official Secretary to the Governor-General ..................................... 18 6C Requirement for Commonwealth contracts ..................................... 18 7 Exemption of certain persons and bodies ........................................ 19 Part II—Information publication scheme 22 Division 1—Guide to this Part 22 7A Information publication scheme—guide.......................................... 22 Division 2—Information to be published 24 8 Information to be published—what information? ............................ 24 8A Information to be published—what is operational information? .................................................................................... 26 8B Information to be published—accuracy etc. .................................... 26 8C Information to be published—restrictions ....................................... 26 8D Information to be published—how (and to whom) information is to be published ......................................................... 27 8E Information to be published—Information Commissioner to assist agencies .................................................................................. 28 Division 3—Review of information publication scheme 29 8F Review of scheme—Information Commissioner functions ............. 29 9 Review of scheme—by agencies ..................................................... 29 Division 4—Guidelines 30 9A Functions and powers under this Part .............................................. 30 Division 5—Miscellaneous 31 10 Unpublished operational information .............................................. 31 10A Who performs functions etc. given to agencies ............................... 31 10B Transitional—Norfolk Island authorities ......................................... 32 Part III—Access to documents 33 11 Right of access ................................................................................. 33 Freedom of Information Act 1982 iii ComLaw Authoritative Act C2011C00488 11A Access to documents on request ...................................................... 33 11B Public interest exemptions—factors ................................................ 34 11C Publication of information in accessed documents .......................... 36 12 Part not to apply to certain documents ............................................. 37 13 Documents in certain institutions .................................................... 38 15 Requests for access .......................................................................... 39 15AA Extension of time with agreement ................................................... 42 15AB Extension of time for complex or voluminous requests ................... 42 15AC Decision not made on request within time—deemed refusal ........... 43 15A Request for access to personnel records .......................................... 44 16 Transfer of requests ......................................................................... 45 17 Requests involving use of computers etc. ........................................ 46 20 Forms of access ............................................................................... 47 21 Deferment of access ........................................................................ 48 22 Access to edited copies with exempt or irrelevant matter deleted ............................................................................................. 49 23 Decisions to be made by authorised persons ................................... 50 24 Power to refuse request—diversion of resources etc. ...................... 51 24AA When does a practical refusal reason exist? ................................... 51 24AB What is a request consultation process? .......................................... 52 24A Requests may be refused if documents cannot be found, do not exist or have not been received .................................................. 54 25 Information as to existence of certain documents ............................ 55 26 Reasons and other particulars of decisions to be given .................... 56 26A Consultation—documents affecting Commonwealth-State relations etc...................................................................................... 57 26AA Consultation—documents affecting Norfolk Island intergovernmental relations ............................................................. 58 27 Consultation—business documents ................................................. 61 27A Consultation—documents affecting personal privacy ..................... 63 29 Charges ............................................................................................ 65 31 Decision to impose charge—extended period for processing request ............................................................................................. 68 Part IV—Exempt documents 70 Division 1—Preliminary 70 31A Access to exempt and conditionally exempt documents .................. 70 31B Exempt documents for the purposes of this Part .............................. 71 32 Interpretation [see Note 2] ............................................................... 71 Division 2—Exemptions 72 33 Documents affecting national security, defence or international relations ...................................................................... 72 34 Cabinet documents .......................................................................... 72 iv Freedom of Information Act 1982 ComLaw Authoritative Act C2011C00488 37 Documents affecting enforcement of law and protection of public safety .................................................................................... 73 38 Documents to which secrecy provisions of enactments apply ......... 74 42 Documents subject to legal professional privilege .......................... 75 45 Documents containing material obtained in confidence .................. 76 46 Documents disclosure of which would be contempt of Parliament or contempt of court ...................................................... 76 47 Documents disclosing trade secrets or commercially valuable information ...................................................................................... 76 47A Electoral rolls and related documents .............................................. 77 Division 3—Public interest conditional exemptions 79 47B Public interest conditional exemptions— Commonwealth-State relations etc. ................................................. 79 47C Public interest conditional exemptions—deliberative processes .......................................................................................... 80 47D Public interest conditional exemptions—financial or property interests of the Commonwealth or Norfolk Island............. 81 47E Public interest conditional exemptions—certain operations of agencies ....................................................................................... 81 47F Public interest conditional exemptions—personal privacy .............. 81 47G Public interest conditional exemptions—business ........................... 83 47H Public interest conditional exemptions—research ........................... 84 47J Public interest conditional exemptions—the economy .................... 84 Part V—Amendment and annotation of personal records 86 48 Application for amendment or annotation of personal records ........ 86 49 Requirements of an application for amendment .............................. 86 50 Amendment of records .................................................................... 87 51 Annotations of records etc. following unsuccessful applications for amendments of records .......................................... 88 51A Requirements of an application for annotation ................................ 88 51B Annotation of records ...................................................................... 89 51C Transfer of requests ......................................................................... 89 51D Notification
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