Northern Territory Explanatory Statements

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PUBLIC INFORMATION AMENDMENT BILL 2015


Explanatory Statement

PUBLIC INFORMATION AMENDMENT ACT 2015

SERIAL NO. 140




LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY




MEMBER FOR WANGURI






GENERAL OUTLINE

This Bill amends the Public Information Act.

The purpose of this Bill is to ensure Government money spent on public information is done so in the public interest.

It seeks to discourage breaches of the Act by creating an offence not to withdraw information when instructed to do so and also enable costs incurred by the giving of information in breach of the Act to be recouped.


NOTES ON CLAUSES
Clause 1. Short Title.
This is a formal clause which provides for the citation of the bill. The bill when passed may be cited as the Public Information Act 2015.

Clause 2. Act amended

This Act amends the Public Information Act

Clause 3. Definitions

This clause defines various words and expressions in the Act. These include:
Government promotional information (at section 88(2)) as

information, other than information of a general or operational nature, that:

(a) highlights the role or achievements of the holder or occupier of the office of a Minister; or

(b) emphasises the achievements of the Government; or

(c) advertises or promotes a policy of the Government; or

(d) relates to matters in contention between the Government and
Opposition;

and

Information notice, in relation to a decision by the Auditor-General to make an order under this Act, means a written notice stating:

(a) the reasons for the decision; and

(b) the rights of appeal against the decision that are available to the person to whom the order is given, including the period within which, and the way in which, the appeal must be made.

Clause 4. Additional grounds for breach of the Act

This clause creates two additional grounds for the Auditor-General to find that the Act has been breached.

These additional grounds are Section 6(2):

(d) is an advertisement that includes an image of the holder or occupier of the office of a Minister; or

(e) is Government promotional information given without the agreement required by section 88(1).


This clause amends Section 7 so that the Auditor-General must give a report to the Speaker and include the report in a report prepared under

section 24(1) of the Audit Act for the year in which the review was conducted.

It also inserts a new section 7(3)(ab) so that a copy of the report is given to the member who requested the review.

Clause 6. Chief Executive Officer to receive notification

This clause amends section 8 to clarify that if the public authority referred to in this section is an Agency, the Chief Executive Officer of the Agency is the person to receive written notice from the Auditor­ General and consider the recommendations under section 8(4).

Clause 7.
Creation of new offences and powers for the Auditor-General, and exceptions to the giving of Government promotional information

This clause inserts new sections 8A and Part 2A.

Section 8A gives the Auditor General the power to order that a public authority or Chief Executive officer of an Agency to withdraw public information and creates an offence of 8 penalty units for failing to do so.

It also give the Auditor-General the power to order a public authority or Chief Executive officer of an Agency or the Accountable Officer for the Agency to repay the costs incurred by the Territory in relation to the giving of the public information.

Any order given must be in writing to the person to whom the order relates and be accompanied by an information notice.


information, other than information of a general or operational nature, that:

This section allows Government promotional information to be given if the Chief Minister and the Leader of the Opposition agree to it.

Clause 8. Public information guidelines

This clause amends section 9 to allow parliament to disallow public information guidelines by inserting:

(4) Sections 63(9) and (10) and 64 of the Interpretation Act apply in relation to public information guidelines as if a reference in those provisions to subordinate legislation were a reference to those guidelines.

The clause also clarifies that the guidelines are not to be numbered as subordinate legislation by inserting:

(5) Section 57 of the Interpretation Act does not apply to public information guidelines.

Clause 9. Appeals

This clause inserts a new section 9A giving persons entitled to receive an information notice the right to appeal the decision in a local court.

It sets out the process for this appeal including that it must be conducted within 28 days of receiving the notice, the right to give fresh evidence at the appeal and that the decision to which the appeal relates is in force while the appeal takes place.

Clauses 10, 11 and 12. Transitional Matters

These clauses deal with drafting matters necessary to provide for two divisions in Part 4 of the Act. These divisions set out the new transitional matters for the new Act.

 

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