2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

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.

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.

information relating to the personal affairs of that person

personal information about the person

(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.

(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.

(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

(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

(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.

the personal affairs of the applicant

personal information about the applicant

the personal affairs of the applicant or to

personal information about the applicant or

(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.

information relating to the personal affairs of

personal information about

information relating to the person’s personal affairs

personal information about the person

(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.

Presentation speech made in the Legislative Assembly on 2006.

Notified under the Legislation Act on 2006.

For the latest republication of amended laws, see www.legislation.act.gov.au.