FREEDOM OF INFORMATION ACT 1982 No. 3, 1982

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - TABLE OF PROVISIONS

TABLE OF PROVISIONS

PART I - PRELIMINARY

Section

1. Short title

2. Commencement

3. Object

4. Interpretation

5. Act to apply to courts in respect of administrative matters

6. Act to apply to certain tribunals in respect of administrative matters

7. Exemption of certain bodies

PART II - PUBLICATION OF CERTAIN DOCUMENTS AND INFORMATION

8. Publication of information concerning functions and documents of agencies

9. Certain documents to be available for inspection and purchase

10. Unpublished documents not to prejudice public

PART III - ACCESS TO DOCUMENTS

11. Right of access

12. Part not to apply to certain documents

13. Documents in certain institutions

14. Access to documents apart from Act

15. Requests for access

16. Transfer of requests

17. Requests involving use of computers, &c.

18. Access to documents to be given on request

19. Time within which formal requests to be decided

20. Forms of access

21. Deferment of access

22. Deletion of exempt matter

23. Decisions to be made by authorized persons

24. Requests may be refused in certain cases

25. Information as to existence of certain documents

26. Reasons and other particulars of decisions to be given

27. Procedure on request in respect of document relating to business affairs, &c.

28. Information Access Offices

29. Persons to be notified of liability to pay charges

30. Charge may, in certain circumstances, be remitted in whole or in part

31. Certain periods to be disregarded for the purposes of section 19

PART IV - EXEMPT DOCUMENTS

32. Interpretation

33. Documents affecting national security, defence, international relations and relations with States

34. Cabinet documents

35. Executive Council documents

36. Internal working documents

37. Documents affecting enforcement of the law and protection of public safety

38. Documents to which secrecy provisions of enactments apply

39. Documents affecting financial or property interests of the Commonwealth

40. Documents concerning certain operations of agencies

41. Documents affecting personal privacy

42. Documents subject to legal professional privilege

43. Documents relating to business affairs, &c.

44. Documents affecting national economy

45. Documents containing material obtained in confidence

46. Documents disclosure of which would be contempt of Parliament or contempt of court

47. Certain documents arising out of companies and securities legislation

PART V - AMENDMENT OF PERSONAL RECORDS

48. Persons may make application for amendment of record

49. Form of request for amendment of records

50. Procedures upon request for amendment of records

51. Review of requests for amendment of records

52. Notation of records supplied before commencement of this Part

PART VI - REVIEW OF DECISIONS

53. Interpretation

54. Internal review

55. Applications to Administrative Appeals Tribunal

56. Application to Tribunal where decision delayed

57. Complaints to Ombudsman

58. Powers of Tribunal

59. Review of certain decisions in respect of documents relating to business affairs, &c.

60. Parties

61. Onus

62. Application of section 28 of Administrative Appeals Tribunal Act

63. Tribunal to ensure non-disclosure of certain matters

64. Production of exempt documents

65. Evidence of certificates

66. Referral of questions to Document Review Tribunal

67. Consideration by Document Review Tribunal of questions referred under section 58

68. Production of exempt documents to the Document Review Tribunal

69. Return of material to the Administrative Appeals Tribunal

PART VII - ESTABLISHMENT AND PROCEDURE OF DOCUMENT REVIEW TRIBUNAL

70. Interpretation

71. Establishment of Tribunal

72. Qualification of members

73. Term of office of members

74. Arrangement for appointment of holder of Judicial Office of a State or of the Northern Territory

75. Remuneration and allowances

76. Appointment of Judge not to affect tenure, &c.

77. Acting President

78. Removal from office

79. Resignation

80. Arrangement of business

81. Constitution of Tribunal for exercise of powers

82. Member presiding

83. Member of Tribunal ceasing to be available

84. Places of sitting

85. Procedure of the Document Review Tribunal

86. Application of provisions of Administrative Appeals Tribunal Act

87. Application of particular provisions to proceedings before the Document Review Tribunal

88. Parties

89. Registries

90. Officers of Tribunal

PART VIII - MISCELLANEOUS

91. Protection against certain actions

92. Protection in respect of offences

93. Reports to Parliament

94. Regulations

SCHEDULE 1

Courts and tribunals exempt in respect of non-administrative matters

SCHEDULE 2

Part I - Exempt agencies Part II - Agencies exempt in respect of particular documents

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - LONG TITLE

An Act to give to members of the public rights of access to official documents of the Government of the Commonwealth and of its agencies

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - PART I PART I - PRELIMINARY

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 1 Short title

(Assented to 9 March 1982) 1. This Act may be cited as the Freedom of Information Act 1982.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 2 Commencement

2. The several Parts of this Act shall come into operation on such respective dates as are fixed by Proclamation.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 3 Object

3. (1) The object of this Act is to extend as far as possible the right of the Australian community to access to information in the possession of the Government of the Commonwealth by - (a) making available to the public information about the operations of departments and public authorities and, in particular, ensuring that rules and practices affecting members of the public in their dealings with departments and public authorities are readily available to persons affected by those rules and practices; and (b) creating a general right of access to information in documentary form in the possession of Ministers, departments and public authorities, limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons in respect of whom information is collected and held by departments and public authorities.

(2) It is the intention of the Parliament that the provisions of this Act shall be interpreted so as to further the object set out in sub-section (1) and that any discretions conferred by this Act shall be exercised as far as possible so as to facilitate and promote, promptly and at the lowest reasonable cost, the disclosure of information.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 4
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Interpretation

4. (1) In this Act, unless the contrary intention appears - "agency" means a Department or a prescribed authority; "applicant" means a person who has made a request; "Department" means a Department of the Australian Public Service other than the Department of the Senate, the Department of the House of Representatives, the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff and the Joint House Department; "document" includes any written or printed matter, any map, plan or photograph, and any article or thing that has been so treated in relation to any sounds or visual images that those sounds or visual images are capable, with or without the aid of some other device, of being reproduced from the article or thing, and includes a copy of any such matter, map, plan, photograph, article or thing, but does not include library material maintained for reference purposes; "document of an agency" or "document of the agency" means a document in the possession of an agency, or in the possession of the agency concerned, as the case requires, whether created in the agency or received in the agency; "Document Review Tribunal" means the Tribunal of that name established under Part VII; "enactment" means - (a) an Act; (b) an Ordinance of the Australian Capital Territory; or (c) an instrument (including rules, regulations or by-laws) made under an Act or under such an Ordinance; "exempt document" means - (a) a document which, by virtue of a provision of Part IV, is an exempt document; (b) a document in respect of which, by virtue of section 7 or regulations made in accordance with that section, an agency is exempt from the operation of this Act; or (c) an official document of a Minister that contains some matter that does not relate to the affairs of an agency or of a Department of State; "exempt matter" means matter the inclusion of which in a document causes the document to be an exempt document; "officer", in relation to an agency, includes a member of the agency or a member of the staff of the agency; "official document of a Minister" or "official document of the Minister" means a document in the possession of a Minister, or in the possession of the Minister concerned, as the case requires, that relates to the affairs of an agency or of a Department of State and, for the purposes of this definition, a Minister shall be deemed to be in possession of a document that has passed from his possession if he is entitled to access to the document and the document is not a document of an agency; "Ombudsman" means the Commonwealth Ombudsman; "Ordinance", in relation to the Australian Capital Territory, includes a law of a State that applies, or the provisions of a law of a State that apply, in the Territory by virtue of an enactment; "prescribed authority" means - (a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment, other than - (i) an incorporated company or association; (ii) a body that, under sub-section (2), is not to be taken to be a prescribed authority for the purposes of this Act; (iii) the Australian Capital Territory House of Assembly; (iv) the Legislative Assembly of the Northern Territory or the Executive Council of the Northern Territory; (v) the Legislative Assembly of the Territory of Norfolk Island; or (vi) a Royal Commission; (b) any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being - (i) a body established by the Governor-General or by a Minister; or (ii) an incorporated company or association over which the Commonwealth is in a position to exercise control; (c) subject to sub-section (3), the person holding, or performing the duties of, an office established by an enactment; or (d) the person holding, or performing the duties of, an appointment declared by the regulations to be an appointment the holder of which is a prescribed authority for the purposes of this Act, being an appointment made by the Governor-General, or by a Minister, otherwise than under an enactment; "principal officer" means - (a) in relation to a Department - the person holding, or performing the duties of, the office of Permanent Head of the Department; and (b) in relation to a prescribed authority - (i) if the regulations declare an office to be the principal
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office in respect of the authority - the person holding, or performing the duties of, that office; or (ii) in any other case - the person who constitutes that authority or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which he is present; "request" means a request made in accordance with sub-section 15 (1); "responsible Minister" means - (a) in relation to a Department - the Minister administering the relevant Department of State; (b) in relation to a prescribed authority referred to in paragraph (a) of the definition of "prescribed authority" - the Minister administering the enactment by which, or in accordance with the provisions of which, the prescribed authority is established; (c) in relation to a prescribed authority referred to in paragraph (c) of that definition - the Minister administering the enactment by which the office is established; or (d) in relation to any other prescribed authority - the Minister declared by the regulations to be the responsible Minister in respect of that authority, or another Minister acting for and on behalf of that Minister; "Tribunal" means the Administrative Appeals Tribunal.

(2) An unincorporated body, being a board, council, committee, sub-committee or other body established by, or in accordance with the provisions of, an enactment for the purpose of assisting, or performing functions connected with, a prescribed authority shall not be taken to be a prescribed authority for the purposes of this Act, but shall be deemed to be comprised within that prescribed authority.

(3) A person shall not be taken to be a prescribed authority - (a) by virtue of his holding - (i) an office of member of the Australian Capital Territory House of Assembly; (ii) an office of member of the Legislative Assembly of the Northern Territory or of Administrator or of Minister of the Northern Territory; or (iii) an office of member of the Legislative Assembly of the Territory of Norfolk Island or of Administrator or Deputy Administrator of that Territory or an executive office created pursuant to section 12 of the Norfolk Island Act 1979; or (b) by virtue of his holding, or performing the duties of - (i) a prescribed office; (ii) an office the duties of which he performs as duties of his employment as an officer of a Department or as an officer of or under a prescribed authority; (iii) an office of member of a body; or (iv) an office established by an enactment for the purposes of a prescribed authority.

(4) For the purposes of this Act, the Department of Defence shall be deemed to include - (a) the Defence Force; (b) the Australian Cadet Corps; (c) the Naval Reserve Cadets; and (d) the Air Training Corps.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 5 Act to apply to courts in respect of administrative matters

5. For the purposes of this Act - (a) a court shall be deemed to be a prescribed authority; (b) the holder of a judicial office or other office pertaining to a court in his capacity as the holder of that office, being an office established by the legislation establishing the court, shall be deemed not to be a prescribed authority and shall not be included in a Department; and (c) a registry or other office of a court, and the staff of such a registry or other office when acting in a capacity as members of that staff, shall be taken as a part of the court, but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 6 Act to apply to certain tribunals in respect of administrative matters

6. For the purposes of this Act - (a) each tribunal, authority or body specified in Schedule 1 is deemed to be a prescribed authority; (b) the holder of an office pertaining to a tribunal, authority or body specified in Schedule 1, being an office established by the legislation establishing the tribunal, authority or body so specified in his capacity as the holder of that office, is not to be taken to be a prescribed authority or to be included in a Department; and (c) a registry or other office of or under the charge of a tribunal, authority or body specified in Schedule 1, and the staff of such a registry or other office when acting in a capacity as members of that staff, shall be taken as a part of the tribunal, authority or body so specified as a
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prescribed authority, but this Act does not apply to any request for access to a document of a tribunal, authority or body so specified unless the document relates to matters of an administrative nature.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 7 Exemption of certain bodies

7. (1) The bodies specified in Part I of Schedule 2, and the person holding and performing the duties of the office specified in that Part, are to be deemed not to be prescribed authorities for the purposes of this Act.

(2) The bodies and Departments specified in Part II of Schedule 2 are exempt from the operation of this Act in relation to the documents referred to in that Schedule in relation to them.

(3) In Part II of Schedule 2, "competitive commercial activities" means activities carried on on a commercial basis in competition with persons other than governments or authorities of governments.

(4) In Part II of Schedule 2, a reference to documents in respect of particular activities shall be read as a reference to documents received or brought into existence in the course of, or for the purposes of, the carrying on of those activities.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - PART II PART II - PUBLICATION OF CERTAIN DOCUMENTS AND INFORMATION

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 8 Publication of information concerning functions and documents of agencies

8. (1) The responsible Minister of an agency shall - (a) cause to be published, as soon as practicable after the commencement of this Part but not later than 12 months after that commencement, in a form approved by the Minister administering this Act - (i) a statement setting out particulars of the organization and functions of the agency, indicating, as far as practicable, the decision-making powers and other powers affecting members of the public that are involved in those functions; (ii) a statement setting out particulars of any arrangements that exist for bodies or persons outside the Commonwealth administration to participate, either through consultative procedures, the making of representations or otherwise, in the formulation of policy by the agency, or in the administration by the agency, of any enactment or scheme; (iii) a statement of the categories of documents that are maintained in the possession of the agency, being a statement that sets out, as separate categories of documents, categories of such documents, if any, as are referred to in paragraph 12 (1) (b) or (c) and categories of documents, if any, not being documents so referred to, as are customarily made available to the public, otherwise than under this Act, free of charge upon request; (iv) a statement of particulars of the facilities, if any, provided by the agency for enabling members of the public to obtain physical access to the documents of the agency; and (v) a statement of any information that needs to be available to the public concerning particular procedures of the agency in relation to Part III, and particulars of the officer or officers to whom, and the place or places at which, initial inquiries concerning access to documents may be directed; and (b) during the year commencing on 1 January next following the publication, in respect of the agency, of the statement under sub-paragraph (a) (i), (ii), (iii), (iv) or (v) that is the first statement published under that sub-paragraph, and during each succeeding year, cause to be published statements bringing up to date the information contained in the previous statement or statements published under that sub-paragraph.

(2) In approving a form under sub-section (1), the Minister shall have regard, amongst other things, to the need to assist members of the public to exercise effectively their rights under this Act.

(3) The information to be published in accordance with this section may be published by including it in the publication known as the Commonwealth Government Directory.

(4) Nothing in this section requires the publication of information that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document.

(5) Sub-section (1) applies in relation to an agency that comes into existence after the commencement of this Part as if the references in that sub-section to the commencement of this Part were references to the day on which the agency comes into existence.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 9 Certain documents to be available for inspection and purchase

9. (1) This section applies, in respect of an agency, to documents that are provided by the agency for the use of, or are used by, the agency or its officers in making decisions or recommendations, under or for the purposes of
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an enactment or scheme administered by the agency, with respect to rights, privileges or benefits, or to obligations, penalties or other detriments, to which persons are or may be entitled or subject, being - (a) manuals or other documents containing interpretations, rules, guidelines, practices or precedents including, but without limiting the generality of the foregoing, precedents in the nature of letters of advice providing information to bodies or persons outside the Commonwealth administration; (b) documents containing particulars of such a scheme, not being particulars contained in an enactment as published apart from this Act; (c) documents containing statements of the manner, or intended manner, of administration or enforcement of such an enactment or scheme; or (d) documents describing the procedures to be followed in investigating breaches or evasions or possible breaches or evasions of such an enactment or of the law relating to such a scheme, but not including documents that are available to the public as published otherwise than by an agency or as published by another agency.

(2) The principal officer of an agency shall - (a) cause copies of all documents to which this section applies in respect of the agency that are in use from time to time to be made available for inspection and for purchase by members of the public; (b) not later than 12 months after the commencement of this Part, cause to be published in the Gazette a statement (which may take the form of an index) specifying the documents of which copies are, at the time of preparation of the statement, so available and the place or places where copies may be inspected and may be purchased; and (c) during the year commencing on 1 January next following the publication of the statement under paragraph (b) and during each succeeding year, cause to be published in the Gazette statements bringing up to date the information contained in the previous statement or statements.

(3) The principal officer is not required to comply fully with paragraph (2) (a) before the expiration of 12 months after the commencement of this Part, but shall, before that time, comply with that paragraph so far as is practicable.

(4) This section does not require a document of the kind referred to in sub-section (1) containing exempt matter to be made available in accordance with sub-section (2), but, if such a document is not so made available, the principal officer of the agency shall, if practicable, cause to be prepared a corresponding document, altered only to the extent necessary to exclude the exempt matter, and cause the document so prepared to be dealt with in accordance with sub-section (2).

(5) The Minister may, by writing under his hand, extend, in respect of an agency, the time specified in paragraph (2) (b) or sub-section (3) where he is satisfied, after consulting the responsible Minister of the agency, that it is reasonable to extend the time by reason of special circumstances applicable to the agency.

(6) Where the Minister is satisfied, after consulting the responsible Minister of the agency concerned, that the form or nature of the documents to which this section applies in respect of an agency that are in existence at the commencement of this Part, or of some of those documents, is such that complete compliance with this section in respect of those documents would impose on the agency such a workload as would unreasonably divert its resources from its other operations, the first-mentioned Minister may, by writing under his hand, direct that the application of this section in respect of the agency is to be subject to such modifications as he specifies, being modifications that, in his opinion, are reasonably required by reason of the circumstances referred to in this sub-section.

(7) The report of the Minister under section 93 in respect of a year shall include - (a) particulars of any extensions of time made, or directions given, under this section by the Minister during that year; and (b) a statement concerning compliance by agencies with the requirements of this section during that year.

(8) Notwithstanding the fact that statements of the kind referred to in sub-section (2) (b) in relation to documents of an agency are not required to be published at more frequent intervals than once in each year, the principal officer of the agency shall take all reasonable steps to ensure that in any case where a person is seeking to inspect or to purchase a document or documents of a particular kind, being a document of a kind or documents of kinds to which this section applies, the attention of that person will be drawn to any document of that agency of that kind that has become a document to which this section applies since that statement was so published.

(9) Sub-sections (2) and (3) apply in relation to an agency that comes into existence after the commencement of this Part as if the references in those sub-sections to the commencement of this Part were references to the day on which the agency comes into existence.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 10 Unpublished documents not to prejudice public

10. (1) If a document required to be made available in accordance with
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section 9, being a document containing a rule, guideline or practice relating to a function of an agency, was not made available, or was not included in a statement in the Gazette, as referred to in that section, before the time at which a person did, or omitted to do, any act or thing relevant to the performance of that function in relation to him (whether or not the time allowed for publication of a statement in respect of the document had expired before that time), that person, if he was not aware of that rule, guideline or practice at that time, shall not be subjected to any prejudice by reason only of the application of that rule, guideline or practice in relation to the thing done or omitted to be done by him if he could lawfully have avoided that prejudice had he been aware of that rule, guideline or practice.

(2) The reference in sub-section (1) to the time at which a person did, or omitted to do, any act or thing relevant to the performance in relation to him of a function of an agency does not include a reference to a time earlier than - (a) the expiration of the period of 12 months referred to in paragraph 9 (2) (b) or, if that period has been extended in respect of the agency under sub-section 9 (5), the expiration of the period as extended; or (b) the expiration of the period of 12 months after the day on which the agency came into existence, whichever is the later.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - PART III PART III - ACCESS TO DOCUMENTS

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 11 Right of access

11. Subject to this Act, every person has a legally enforceable right to obtain access in accordance with this Act to - (a) a document of an agency, other than an exempt document; or (b) an official document of a Minister, other than an exempt document.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 12 Part not to apply to certain documents

12. (1) A person is not entitled to obtain access under this Part to - (a) a document, or a copy of a document, to which sub-section 32 (1) of the Archives Act 1982 applies; (b) a document that is open to public access, as part of a public register or otherwise, in accordance with another enactment, where that access is subject to a fee or other charge; or (c) a document that is available for purchase by the public in accordance with arrangements made by an agency.

(2) A person is not entitled to obtain access under this Part to a document or a part of a document that became a document of an agency or an official document of a Minister before the date of commencement of this Part unless - (a) the document or that part of the document contains information relating to the personal affairs of that person and the document became a document of the agency or an official document of the Minister not earlier than 5 years before the date of commencement of this Part; or (b) the document or that part of the document is a document or a part of a document access to which is reasonably necessary to enable a proper understanding of a document of an agency or an official document of a Minister to which that person has lawfully had access.

(3) Regulations may be made for the modification of sub-section (2) so as to enable a person to obtain access under this Part to documents to which, but for the making of those regulations, he would not be entitled to access under this Part by reason of that sub-section.

(4) References in sub-section (3) to sub-section (2) shall be construed as including references to sub-section (2) as previously modified in pursuance of regulations made under sub-section (3).

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 13 Documents in certain institutions

13. (1) A document shall not be deemed to be a document of an agency for the purposes of this Act by reason of its being - (a) in the memorial collection within the meaning of the Australian War Memorial Act 1980; (b) in the collection of library material maintained by the National Library of Australia; (c) material included in the historical material in the possession of the Museum of Australia; or (d) in the custody of the Australian Archives (otherwise than as a document relating to the administration of the Australian Archives), if the document was placed in that collection, or in that custody, by or on behalf of a person (including a Minister or former Minister) other than an agency.

(2) For the purposes of this Act, a document that has been placed in the custody of the Australian Archives, or in a collection referred to in sub-section (1), by an agency shall be deemed to be in the possession of that agency or, if that agency no longer exists, the agency to the functions of which the document is most closely related.

(3) Notwithstanding sub-sections (1) and (2), records of a Royal Commission

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that are in the custody of the Australian Archives shall, for the purposes of this Act, be deemed to be documents of an agency and to be in the possession of the Department administered by the Minister administering the Royal Commissions Act 1902.

(4) Nothing in this Act affects the provision of access to documents by the Australian Archives in accordance with the Archives Act 1982.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 14 Access to documents apart from Act

14. Nothing in this Act is intended to prevent or discourage Ministers and agencies from publishing or giving access to documents (including exempt documents), otherwise than as required by this Act, where they can properly do so or are required by law to do so.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 15 Requests for access

15. (1) A person who wishes to obtain access to a document of an agency or an official document of a Minister may make a request in writing to the agency or Minister for access to the document.

(2) A request shall provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency, or the Minister, as the case may be, to identify the document.

(3) Where a person - (a) wishes to make a request to an agency; or (b) has made to an agency a request that does not comply with this section, it is the duty of the agency to take reasonable steps to assist the person to make the request in a manner that complies with this section.

(4) Where a person has directed to an agency a request that should have been directed to another agency or to a Minister, it is the duty of the first-mentioned agency to take reasonable steps to assist the person to direct the request to the appropriate agency or Minister.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 16 Transfer of requests

16. (1) Where a request is made to an agency for access to a document and - (a) the document is not in the possession of that agency but is, to the knowledge of that agency, in the possession of another agency; or (b) the subject-matter of the document is more closely connected with the functions of another agency than with those of the agency to which the request is made, the agency to which the request is made may, with the agreement of the other agency, transfer the request to the other agency.

(2) Where a request is made to an agency for access to a document that - (a) originated with, or has been received from, a body which, or person who, is not an agency but would be an agency but for section 7, or regulations made under that section; and (b) is more closely connected with the functions of that body or person than with those of the agency to which the request is made, the request shall be transferred to the Department corresponding to the Department of State administered by the Minister who administers the enactment by or under which the body or person is established, continued in existence or appointed.

(3) Where a request is made to an agency for access to a document that - (a) originated in, or has been received from, another agency; and (b) is more closely connected with functions of the other agency in respect of which the other agency is exempt from the operation of this Act than with the functions of the agency to which the request is made, the agency to which the request is made shall transfer the request to the other agency.

(4) Where a request is transferred to an agency in accordance with this section, the agency making the transfer shall inform the person making the request accordingly and, if it is necessary to do so in order to enable the other agency to deal with the request, send the document to the other agency.

(5) Where a request is transferred to an agency in accordance with this section, it shall be deemed to be a request made to that agency and received at the time at which it was originally received.

(6) In this section, "agency" includes a Minister.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 17 Requests involving use of computers, &c.

17. (1) Where - (a) a request (including a request of the kind described in sub-section 24 (1)) is made in writing and in accordance with the requirements of sub-section 15 (2) to an agency; (b) it appears from the request that the desire of the applicant is for information that is not available in discrete form in documents of the agency; and (c) the agency could produce a written document containing the information in discrete form by - (i) the use of a computer or other equipment that is ordinarily available to the agency for retrieving or collating stored information; or
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(ii) the making of a transcript from a sound recording held in the agency, the agency shall deal with the request as if it were a request for access to a written document so produced and containing that information and, for that purpose, this Act applies as if the agency had such a document in its possession.

(2) An agency is not required to comply with sub-section (1) if compliance would substantially and unreasonably divert the resources of the agency from its other operations.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 18 Access to documents to be given on request

18. (1) Subject to this Act, where - (a) a request is made in writing and in accordance with the requirements of sub-section 15 (2) by a person to an agency or Minister for access to a document of the agency or an official document of the Minister; and (b) any charge that, under the regulations, is required to be paid before access is granted has been paid, the person shall be given access to the document in accordance with this Act.

(2) An agency or Minister is not required by this Act to give access to a document at a time when the document is an exempt document.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 19 Time within which formal requests to be decided

19. (1) If a request for access to a document that is made to an agency or Minister - (a) is made in writing and is expressed to be made in pursuance of this Act; (b) specifies an address in Australia at which notices under this Act may be sent to the person making the request; and (c) is sent by post to the agency or Minister, or delivered to an officer of the agency or a member of the staff of the Minister, at an address of the agency or of the Minister, as the case may be, that is, under the regulations, an address to which requests made in pursuance of this Act may be sent or delivered in accordance with this section, the agency or Minister shall take all reasonable steps to enable the applicant to be notified of a decision on the request as soon as practicable but in any case not later than 60 days after the day on which the request is received by or on behalf of the agency or Minister.

(2) The regulations may make provision that sub-section (1) is to have effect as if a specified shorter period were substituted for the period of 60 days specified in that sub-section, and a provision so made has effect in relation to requests received by or on behalf of an agency or Minister while the provision is in force.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 20 Forms of access

20. (1) Access to a document may be given to a person in one or more of the following forms:

(a) a reasonable opportunity to inspect the document; (b) provision by the agency or Minister of a copy of the document; (c) in the case of a document that is an article or thing from which sounds or visual images are capable of being reproduced, the making of arrangements for the person to hear or view those sounds or visual images; (d) in the case of a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form, provision by the agency or Minister of a written transcript of the words recorded or contained in the document.

(2) Subject to sub-section (3) and to section 22, where the applicant has requested access in a particular form, access shall be given in that form.

(3) If the giving of access in the form requested by the applicant - (a) would interfere unreasonably with the operations of the agency, or the performance by the Minister of his functions, as the case may be; (b) would be detrimental to the preservation of the document or, having regard to the physical nature of the document, would not be appropriate; or (c) would, but for this Act, involve an infringement of copyright (other than copyright owned by the Commonwealth, an agency or a State) subsisting in matter contained in the document, being matter that does not relate to the affairs of an agency or of a Department of State, access in that form may be refused and access given in another form.

(4) Subject to sub-section 17 (1), where a person requests access to a document in a particular form and, for a reason specified in sub-section (3), access in that form is refused but access is given in another form, the applicant shall not be required to pay a charge in respect of the provision of access to the document that is greater than the charge that he would have been required to pay if access had been given in the form requested.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 21 Deferment of access

21. (1) An agency which, or a Minister who, receives a request may defer the
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provision of access to the document concerned - (a) if the publication of the document concerned is required by law - until the expiration of the period within which the document is required to be published; (b) if the document concerned has been prepared for presentation to Parliament or for the purpose of being made available to a particular person or body or with the intention that it should be so made available - until the expiration of a reasonable period after its preparation for it to be so presented or made available; (c) if the premature release of the document concerned would be contrary to the public interest - until the occurrence of any event after which or the expiration of any period of time beyond which the release of the document would not be contrary to the public interest; or (d) if a Minister considers that the document concerned is of such general public interest that the Parliament should be informed of the contents of the document before the document is otherwise made public - until the expiration of 5 sitting days of either House of the Parliament.

(2) Where the provision of access to a document is deferred in accordance with sub-section (1), the agency or Minister shall, in informing the applicant of the reasons for the decision, indicate, as far as practicable, the period for which the deferment will operate.

(3) Sub-section 55 (1) does not apply in relation to a deferment under paragraph (1) (d) of this section.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 22 Deletion of exempt matter

22. (1) Where - (a) a decision is made not to grant a request for access to a document on the ground that it is an exempt document; (b) it is possible for the agency or Minister to make a copy of the document with such deletions that the copy would not be an exempt document and would not, by reason of the deletions, be misleading; and (c) it is reasonably practicable for the agency or Minister, having regard to the nature and extent of the work involved in deciding on and making those deletions and the resources available for that work, to make such a copy, the agency or Minister shall, unless it is apparent from the request or as a result of consultation by the agency or Minister with the applicant, that the applicant would not wish to have access to such a copy, make, and grant access to, such a copy.

(2) Where access is granted to a copy of a document in accordance with sub-section (1) - (a) the applicant shall be informed that it is such a copy and also informed of the provision of this Act by virtue of which any matter deleted is exempt matter; and (b) section 26 does not apply to the decision that the applicant is not entitled to access to the whole of the document unless the applicant requests the agency or Minister to furnish to him a notice in writing in accordance with that section.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 23 Decisions to be made by authorized persons

23. (1) Subject to sub-section (2), a decision in respect of a request made to an agency may be made, on behalf of the agency, by the responsible Minister or the principal officer of the agency or, subject to the regulations, by an officer of the agency acting within the scope of authority exercisable by him in accordance with arrangements approved by the responsible Minister or the principal officer of the agency.

(2) A decision in respect of a request made to a court, or made to a tribunal, authority or body that is specified in Schedule 1, may be made on behalf of that court, tribunal, authority or body by a person who is declared by the regulations to be the prescribed officer for the purposes of this sub-section in relation to that court, tribunal, authority or body or, subject to the regulations, by an officer of that court, tribunal, authority or body acting within the scope of authority exercisable by him in accordance with arrangements approved by the prescribed officer in relation to that court, tribunal, authority or body.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 24 Requests may be refused in certain cases

24. (1) Where - (a) a request is expressed to relate to all documents, or to all documents of a specified class, that contain information of a specified kind or relate to a specified subject-matter; and (b) the agency or Minister dealing with the request is satisfied that, apart from this sub-section, the work involved in giving access to all the
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documents to which the request relates would substantially and unreasonably divert the resources of the agency from its other operations or would interfere substantially and unreasonably with the performance by the Minister of his functions, as the case may be, having regard to the number and volume of the documents and to any difficulty that would exist in identifying, locating or collating the documents within the filing system of the agency or of the office of the Minister, the agency or Minister may refuse to grant access to the documents in accordance with the request without having caused those processes to be undertaken.

(2) Where, in respect of a request of a kind referred to in paragraph (1) (a), it is apparent from the nature of the documents as described in the request that all of the documents to which the request is expressed to relate are exempt documents and that no obligation would arise under section 22 in relation to any of those documents to grant access to a copy of the document with such deletions as are referred to in that section, the agency or Minister may refuse to grant access to the documents in accordance with the request without having identified any or all of the documents to which the request relates and without specifying, in respect of each document, the provision or provisions of this Act under which that document is claimed to be an exempt document.

(3) An agency or Minister shall not refuse to grant access to a document in accordance with a request - (a) on the ground that the request does not comply with sub-section 15 (2); or (b) in accordance with sub-section (1), without first giving the applicant a reasonable opportunity of consultation with a view to the making of the request in a form that would remove the ground for refusal.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 25 Information as to existence of certain documents

25. (1) Nothing in this Act shall be taken to require an agency or Minister to give information as to the existence or non-existence of a document where information as to the existence or non-existence of that document, if included in a document of an agency, would cause the last-mentioned document to be an exempt document by virtue of section 33 or sub-section 37 (1).

(2) Where a request relates to a document that is, or if it existed would be, of a kind referred to in sub-section (1), the agency or Minister dealing with the request may give notice in writing to the applicant that the agency or the Minister, as the case may be, neither confirms nor denies the existence, as a document of the agency or an official document of the Minister, of such a document but that, assuming the existence of such a document, it would be an exempt document under section 33 or sub-section 37 (1) and, where such a notice is given - (a) section 26 applies as if the decision to give such a notice were a decision referred to in that section; and (b) the decision shall, for the purposes of Part VI, be deemed to be a decision refusing to grant access to the document in accordance with the request for the reason that the document would, if it existed, be an exempt document under section 33 or sub-section 37 (1), as the case may be.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 26 Reasons and other particulars of decisions to be given

26. (1) Where, in relation to a request, a decision is made under this Part refusing to grant access to a document in accordance with the request or deferring provision of access to a document, the agency or Minister concerned shall cause the applicant to be given notice in writing of the decision, and the notice shall - (a) state the findings on any material questions of fact, referring to the material on which those findings were based, and state the reasons for the decision; (b) where the decision relates to a document of an agency, state the name and designation of the person giving the decision; and (c) give to the applicant appropriate information concerning his rights with respect to review of the decision and the procedure for the exercise of those rights, including (where applicable) particulars of the manner in which an application for a review under section 54 may be made.

(2) An agency or Minister is not required to include in a notice under this section any matter that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 27 Procedure on request in respect of document relating to business affairs, &c.

27. (1) Where - (a) a request is received by an agency or Minister in respect of a document containing information concerning a person in respect of his business or professional affairs or concerning the business, commercial or financial affairs of an organization or undertaking; and
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(b) it appears to the officer or Minister dealing with the request, or to a person reviewing under section 54 a decision refusing the request, that the person or organization, or the proprietor of the undertaking, referred to in paragraph (a) might reasonably wish to contend that the document is an exempt document under section 43, a decision to grant access under this Act to the document, so far as it contains the information referred to in paragraph (a), shall not be made unless, where it is reasonably practicable to do so having regard to all the circumstances, including the application of section 19 - (c) the agency or Minister has given to that person or organization or the proprietor of that undertaking a reasonable opportunity of making submissions in support of a contention that the document is an exempt document under section 43; and (d) the person making the decision has had regard to any submissions so made.

(2) Where, after any submissions have been made in accordance with sub-section (1), a decision is made that the document, so far as it contains the information referred to in paragraph (1) (a), is not an exempt document under section 43 - (a) the agency or Minister shall cause notice in writing of the decision to be given to the person who made the submissions, as well as to the person who made the request; and (b) access shall not be given to the document, so far as it contains the information referred to in paragraph (1) (a), unless - (i) the time for an application to the Tribunal by that person in accordance with section 59 has expired and such an application has not been made; or (ii) such an application has been made and the Tribunal has confirmed the decision.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 28 Information Access Offices

28. (1) The Minister administering this Act shall cause to be published, as soon as practicable after the date of commencement of this Part, but not later than 12 months after that date, a statement setting out the addresses of such offices of the Government of the Commonwealth, throughout Australia, as are to be Information Access Offices for the purposes of this section.

(2) A person who is entitled to obtain access to a document of an agency or to an official document of a Minister shall have that access provided, if the person so requests, at the Information Access Office having appropriate facilities to provide access in the form requested that is closest to his normal place of residence.

(3) Nothing in this section shall be taken to prevent an agency to which, or a Minister to whom, a request has been made for access to a document in a particular form from giving access to that document, in accordance with sub-section 20 (3), in a form other than the form requested.

(4) A person who is provided with access to a document at an Information Access Office shall not, by reason of the fact that the provision of access at that Office has necessitated the incurring of costs by an agency or a Minister that would not have been incurred had access been provided at another place, be required to pay any charge additional to the charge that he would have been required to pay had he been provided with access at that other place.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 29 Persons to be notified of liability to pay charges

29. Where, in accordance with the regulations, an agency or Minister makes a decision that an applicant is liable to pay a charge in respect of a request for access to a document or in respect of the provision of access to a document, the agency or Minister shall notify the applicant, in writing, accordingly, and shall forward to the applicant, together with that notification, a statement setting out the basis on which the amount of that charge is calculated.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 30 Charge may, in certain circumstances, be remitted in whole or in part

30. (1) An applicant may make application, in writing, to the agency to which or the Minister to whom he made a request seeking the total or partial remission of any charge paid by him, or notified to him as being a charge that he is liable to pay, in respect of that request or in respect of the provision of access to a document to which the request relates.

(2) Where application is made to an agency or the Minister under sub-section (1), the agency or Minister - (a) may remit the charge to which the application relates in whole or in part; and (b) shall take all reasonable steps to enable the applicant to be notified of a decision on the application as soon as practicable but in any case not later than 28 days after the day on which the application was received by or on behalf of the agency or Minister.

(3) Without limiting the matters which the agency or Minister may take into account for the purpose of determining whether or not to remit a charge under sub-section (2), the agency or Minister shall take into account - (a) whether the payment of the charge or of any part of the charge would cause financial hardship to the applicant;

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(b) whether the document to which the applicant seeks access relates to the personal affairs of the applicant; and (c) whether the giving of access is in the general public interest or in the interest of a substantial section of the public.

(4) Where - (a) an application has been made to an agency or Minister under sub-section (1); (b) the period of 28 days has elapsed since the day on which the application was received by or on behalf of the agency or Minister; and (c) notice of a decision on the application has not been received by the applicant, the principal officer of the agency, or the Minister, as the case requires, shall, for all purposes of this Act, be deemed to have made, on the last day of that period, a decision refusing to make the total or partial remission of the charge to which the application relates that was sought in that application.

(5) In this section, "charge" means a charge that the applicant is notified under section 29 that he is liable to pay in respect of a request for access to a document or in respect of the provision of access to a document.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 31 Certain periods to be disregarded for the purposes of section 19

31. (1) Where an applicant receives a notification under section 29 before the day on which the period that is, for the purposes of section 19, the prescribed period in relation to the request made by him expires or, but for the operation of this sub-section, would expire, being a notification to the effect that the applicant is liable to pay a specified charge in respect of that request, there shall be disregarded, in the computation of that prescribed period, each day occurring during the period commencing on the day on which that notification is received by the applicant and ending on the day that is, under sub-section (3), the relevant day in relation to that request.

(2) The reference in sub-section (1) to the period that is, for the purposes of section 19, the prescribed period, in relation to a request, shall be read as a reference - (a) unless paragraph (b) applies - to the period of 60 days commencing on the day on which the request made under section 19 was received by or on behalf of the agency to which or the Minister to whom it was made; or (b) if, by virtue of regulations under sub-section 19 (2), another period is applicable in respect of the request - to that other period.

(3) For the purposes of sub-section (1), "relevant day", in relation to a request made by an applicant to whom a notification has been given under section 29 setting out the applicant's liability to pay a specified charge, is - (a) in a case where the applicant pays the charge or such deposit on account of the charge as he is required to pay under the regulations (whether or not he first seeks a remission of the charge under section 30 or a review of the decision in respect of the charge under section 55) - the day on which that charge or that deposit is so paid; (b) in a case where the applicant, having not paid the charge or deposit referred to in paragraph (a), makes application under section 30 for the total or partial remission of the charge - (i) if a decision is made upon that application wholly to remit the charge - the day on which the applicant is notified, in pursuance of that section, of that decision; or (ii) if a decision is made upon that application partially to remit the charge - the day on which the applicant pays the charge as so remitted or such deposit on account of the charge as so remitted as he is required to pay under the regulations; or (c) in a case where the applicant, having not paid the charge or deposit referred to in paragraph (a), makes application to the Tribunal under section 55 for a review of the decision referred to in section 29 - (i) if a decision is made by the Tribunal setting aside the decision referred to in section 29 - the day on which the applicant is notified by the Tribunal of that decision; or (ii) if a decision is made by the Tribunal setting aside the decision referred to in section 29 and making another decision in substitution for that decision - the day on which the applicant pays the charge specified in the substituted decision or such deposit on account of that charge as he is required to pay under the regulations, whichever day first occurs.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - PART IV PART IV - EXEMPT DOCUMENTS

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 32 Interpretation

32. A provision of this Part by virtue of which documents referred to in the
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provision are exempt documents - (a) shall not be construed as limited in its scope or operation in any way by any other provision of this Part by virtue of which documents are exempt documents; and (b) shall not be construed as not applying to a particular document by reason that another provision of this Part of a kind mentioned in paragraph (a) also applies to that document.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 33 Documents affecting national security, defence, international relations and relations with States

33. (1) A document is an exempt document if disclosure of the document under this Act would be contrary to the public interest for the reason that the disclosure - (a) could reasonably be expected to cause damage to - (i) the security of the Commonwealth; (ii) the defence of the Commonwealth; (iii) the international relations of the Commonwealth; or (iv) relations between the Commonwealth and any State or the Northern Territory; or (b) would divulge any information or matter communicated in confidence by or on behalf of the Government of another country, or of a State or the Northern Territory, to the Government of the Commonwealth or a person receiving the communication on behalf of that Government.

(2) Where a Minister is satisfied that the disclosure under this Act of a document would be contrary to the public interest for a reason referred to in sub-section (1), he may sign a certificate to that effect (specifying that reason) and, subject to the operation of Part VI, such a certificate, so long as it remains in force, establishes conclusively that the document is an exempt document referred to in sub-section (1).

(3) Where a Minister is satisfied as mentioned in sub-section (2) by reason only of matter contained in a particular part or particular parts of a document, a certificate under that sub-section in respect of the document shall identify that part or those parts of the document as containing the matter by reason of which the certificate is given.

(4) Where a Minister is satisfied that information as to the existence or non-existence of a document as described in a request would, if contained in a document of an agency, cause the disclosure under this Act of the last-mentioned document to be contrary to the public interest for a reason referred to in sub-section (1), he may sign a certificate to that effect (specifying that reason).

(5) The responsible Minister of an agency may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to the principal officer of the agency his powers under this section in respect of documents of the agency.

(6) A power delegated under sub-section (5), when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the responsible Minister.

(7) A delegation under sub-section (5) does not prevent the exercise of a power by the responsible Minister.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 34 Cabinet documents

34. (1) A document is an exempt document if it is - (a) a document that has been submitted to the Cabinet for its consideration or is proposed by a Minister to be so submitted, being a document that was brought into existence for the purpose of submission for consideration by the Cabinet; (b) an official record of the Cabinet; (c) a document that is a copy of, or of a part of, or contains an extract from, a document referred to in paragraph (a) or (b); or (d) a document the disclosure of which would involve the disclosure of any deliberation or decision of the Cabinet, other than a document by which a decision of the Cabinet was officially published.

(2) For the purposes of this Act, a certificate signed by the Secretary to the Department of the Prime Minister and Cabinet certifying that a document is one of a kind referred to in a paragraph of sub-section (1) establishes conclusively, subject to the operation of Part VI, that it is an exempt document of that kind.

(3) Where a document is a document referred to in paragraph (1) (c) or (d) by reason only of matter contained in a particular part or particular parts of the document, a certificate under sub-section (2) in respect of the document shall identify that part or those parts of the document as containing the matter by reason of which the certificate is given.

(4) For the purposes of this Act, a certificate signed by the Secretary to the Department of the Prime Minister and Cabinet certifying that a document as described in a request would, if it existed, be one of a kind referred to in a paragraph of sub-section (1) establishes conclusively, subject to the operation of Part VI, that, if such a document exists, it is an exempt document of that kind.

(5) Where a certificate in accordance with sub-section (4) has been signed in respect of a document as described in a request, the decision on the request may be a decision that access to a document as described in the request is refused on the ground that, if such a document existed, it would be an exempt document referred to in the paragraph of sub-section (1) that is specified in the certificate.

(6) A reference in this section to the Cabinet shall be read as including a reference to a committee of the Cabinet.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 35 Executive Council documents

35. (1) A document is an exempt document if it is - (a) a document that has been submitted to the Executive Council for its consideration or is proposed by a Minister to be so submitted, being a document that was brought into existence for the purpose of submission for consideration by the Executive Council; (b) an official record of the Executive Council; (c) a document that is a copy of, or of a part of, or contains an extract from, a document referred to in paragraph (a) or (b); or (d) a document the disclosure of which would involve the disclosure of any deliberation or advice of the Executive Council, other than a document by which an act of the Governor-General, acting with the advice of the Executive Council, was officially published.

(2) For the purposes of this Act, a certificate signed by the Secretary to the Executive Council, or a person performing the duties of the Secretary, certifying that a document is one of a kind referred to in a paragraph of sub-section (1) establishes conclusively, subject to the operation of Part VI, that it is an exempt document of that kind.

(4) For the purposes of this Act, a certificate signed by the Secretary to the Executive Council, or a person performing the duties of the Secretary, certifying that a document as described in a request would, if it existed, be one of a kind referred to in a paragraph of sub-section (1) establishes conclusively, subject to the operation of Part VI, that, if such a document exists, it is an exempt document of that kind.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 36 Internal working documents

36. (1) Subject to this section, a document is an exempt document if it is a document the disclosure of which under this Act - (a) would disclose matter in the nature of, or relating to, opinion, advice or recommendation obtained, prepared or recorded, or consultation or deliberation that has taken place, in the course of, or for the purposes of, the deliberative processes involved in the functions of an agency or Minister or of the Government of the Commonwealth; and (b) would be contrary to the public interest.

(2) In the case of a document of the kind referred to in sub-section 9 (1), the matter referred to in paragraph (1) (a) of this section does not include matter that is used or to be used for the purpose of the making of decisions or recommendations referred to in sub-section 9 (1).

(3) Where a Minister is satisfied, in relation to a document to which paragraph (1) (a) applies, that the disclosure of the document would be contrary to the public interest, he may sign a certificate to that effect (specifying the ground of public interest in relation to which the certificate is given) and, subject to the operation of Part VI, such a certificate, so long as it remains in force, establishes conclusively that the disclosure of that document would be contrary to the public interest.

(4) Where a Minister is satisfied as mentioned in sub-section (3) by reason only of matter contained in a particular part or particular parts of a document, a certificate under that sub-section in respect of the document shall identify that part or those parts of the document as containing the matter by reason of which the certificate is given.

(5) This section does not apply to a document by reason only of purely factual material contained in the document.

(6) This section does not apply to - (a) reports (including reports concerning the results of studies, surveys or tests) of scientific or technical experts, whether employed within an agency or not, including reports expressing the opinions of such experts on scientific or technical matters; (b) reports of a prescribed body or organization established within an agency; or

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(c) the record of, or a formal statement of the reasons for, a final decision given in the exercise of a power or of an adjudicative function.

(7) Where a decision is made under Part III that an applicant is not entitled to access to a document by reason of the application of this section, the notice under section 26 shall state the ground of public interest on which the decision is based.

(8) The responsible Minister of an agency may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to the principal officer of the agency his powers under this section in respect of documents of the agency.

(9) A power delegated under sub-section (8), when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the responsible Minister.

(10) A delegation under sub-section (8) does not prevent the exercise of a power by the responsible Minister.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 37 Documents affecting enforcement of the law and protection of public safety

37. (1) A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to - (a) prejudice the conduct of an investigation of a breach, or possible breach, of the law, or a failure, or possible failure, to comply with a law relating to taxation or prejudice the enforcement or proper administration of the law in a particular instance; (b) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to the enforcement or administration of the law; or (c) endanger the lives or physical safety of persons engaged in or in connection with law enforcement.

(2) A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to - (a) prejudice the fair trial of a person or the impartial adjudication of a particular case; (b) disclose lawful methods or procedures for preventing, detecting, investigating, or dealing with matters arising out of, breaches or evasions of the law the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or (c) prejudice the maintenance or enforcement of lawful methods for the protection of public safety.

(3) In sub-sections (1) and (2), "law" means law of the Commonwealth or of a State or Territory.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 38 Documents to which secrecy provisions of enactments apply

38. A document is an exempt document if there is in force an enactment applying specifically to information of a kind contained in the document and prohibiting persons referred to in the enactment from disclosing information of that kind, whether the prohibition is absolute or is subject to exceptions or qualifications.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 39 Documents affecting financial or property interests of the Commonwealth

39. A document is an exempt document if its disclosure under this Act would be contrary to the public interest by reason that the disclosure would have a substantial adverse effect on the financial or property interests of the Commonwealth or of an agency.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 40 Documents concerning certain operations of agencies

40. A document is an exempt document if its disclosure under this Act would be contrary to the public interest by reason that - (a) the document contains information relating to - (i) procedures or methods for the conduct of tests, examinations or audits by an agency; or (ii) particular tests, examinations or audits conducted or to be conducted by an agency, the disclosure of which would, or could reasonably be expected to, prejudice the effectiveness of those procedures or methods or the attainment of the objects of any such tests, examinations or audits; (b) the document contains information the disclosure of which would, or could reasonably be expected to, have a substantial adverse effect on the supervision or review of the operations of an agency for the purpose of ensuring the proper and efficient conduct of those operations; or (c) the document contains information the disclosure of which would, or could reasonably be expected to, have a substantial adverse effect on the staff management interests of the Commonwealth or of an agency, including the development and carrying out of the personnel management policy and the industrial relations policy of the Commonwealth or of an agency or the conduct by or on behalf of the Commonwealth or an agency of industrial relations negotiations.
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FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 41 Documents affecting personal privacy

41. (1) A document is an exempt document if its disclosure under this Act would involve the unreasonable disclosure of information relating to the personal affairs of any person (including a deceased person).

(2) Subject to sub-section (3), the provisions of sub-section (1) do not have effect in relation to a request by a person for access to a document by reason only of the inclusion in the document of matter relating to that person.

(3) Where a request is made to an agency or Minister for access to a document of the agency, or an official document of the Minister, that contains information of a medical or psychiatric nature concerning the person making the request and it appears to the principal officer of the agency, or to the Minister, as the case may be, that the disclosure of the information to that person might be prejudicial to the physical or mental health or well-being of that person, the principal officer or Minister may direct that access to the document, so far as it contains that information, that would otherwise be given to that person is not to be given to him but is to be given instead to a medical practitioner to be nominated by him.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 42 Documents subject to legal professional privilege

42. (1) A document is an exempt document if it is of such a nature that it would be privileged from production in legal proceedings on the ground of legal professional privilege.

(2) A document of the kind referred to in sub-section 9 (1) is not an exempt document by virtue of sub-section (1) of this section by reason only of the inclusion in the document of matter that is used or to be used for the purpose of the making of decisions or recommendations referred to in sub-section 9 (1).

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 43 Documents relating to business affairs, &c.

43. (1) A document is an exempt document if its disclosure under this Act would disclose - (a) trade secrets; (b) any other information having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or (c) information (other than trade secrets or information to which paragraph (b) applies) concerning a person in respect of his business or professional affairs or concerning the business, commercial or financial affairs of an organization or undertaking, being information - (i) the disclosure of which would, or could reasonably be expected to, unreasonably affect that person adversely in respect of his lawful business or professional affairs or that organization or undertaking in respect of its lawful business, commercial or financial affairs; or (ii) the disclosure of which under this Act could reasonably be expected to prejudice the future supply of information to the Commonwealth or an agency for the purpose of the administration of a law of the Commonwealth or of a Territory or the administration of matters administered by an agency.

(2) The provisions of sub-section (1) do not have effect in relation to a request by a person for access to a document - (a) by reason only of the inclusion in the document of information concerning that person in respect of his business or professional affairs; (b) by reason only of the inclusion in the document of information concerning the business, commercial or financial affairs of an undertaking where the person making the request is the proprietor of the undertaking or a person acting on behalf of the proprietor; or (c) by reason only of the inclusion in the document of information concerning the business, commercial or financial affairs of an organization where the person making the request is the organization or a person acting on behalf of the organization.

(3) A reference in this section to an undertaking includes a reference to an undertaking that is carried on by, or by an authority of, the Commonwealth, a State, the Northern Territory or a local government authority.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 44 Documents affecting national economy

44. (1) A document is an exempt document if its disclosure under this Act would be contrary to the public interest by reason that it - (a) would, or could reasonably be expected to, have a substantial adverse effect on the ability of the Government of the Commonwealth to manage the economy of Australia; or
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(b) could reasonably be expected to result in an undue disturbance of the ordinary course of business in the community, or an undue benefit or detriment to any person or class of persons, by reason of giving premature knowledge of or concerning proposed or possible action or inaction of the Government or Parliament of the Commonwealth.

(2) The kinds of documents to which sub-section (1) may apply include, but are not limited to, documents containing matter relating to - (a) currency or exchange rates; (b) interest rates; (c) taxes, including duties of customs or of excise; (d) the regulation or supervision of banking, insurance and other financial institutions; (e) proposals for expenditure; (f) foreign investment in Australia; or (g) borrowings by the Commonwealth, a State or an authority of the Commonwealth or of a State.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 45 Documents containing material obtained in confidence

45. A document is an exempt document if its disclosure under this Act would constitute a breach of confidence.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 46 Documents disclosure of which would be contempt of Parliament or contempt of court

46. A document is an exempt document if public disclosure of the document would, apart from this Act and any immunity of the Crown - (a) be in contempt of court; (b) be contrary to an order made or direction given by a Royal Commission or by a tribunal or other person or body having power to take evidence on oath; or (c) infringe the privileges of the Parliament of the Commonwealth or of a State or of a House of such a Parliament or of the Legislative Assembly of the Northern Territory or of Norfolk Island.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 47 Certain documents arising out of companies and securities legislation

47. (1) A document is an exempt document if it is, or is a copy of or of a part of, or contains an extract from - (a) a document for the purposes of the Ministerial Council for Companies and Securities prepared by, or received by an agency or Minister from, a State or an authority of a State; (b) a document the disclosure of which would disclose the deliberations or decisions of the Ministerial Council for Companies and Securities, other than a document by which a decision of that Council was officially published; (c) a document furnished to the National Companies and Securities Commission by a State or an authority of a State and relating solely to the functions of the Commission in relation to the law of a State or the laws of 2 or more States; or (d) a document, other than a document referred to in paragraph (c), that is in the possession of the National Companies and Securities Commission and relates solely to the exercise of the functions of that Commission under a law of a State or the laws of 2 or more States.

(2) This section has effect as if the Northern Territory were a State.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - PART V PART V - AMENDMENT OF PERSONAL RECORDS

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 48 Persons may make application for amendment of record

48. Where a person (in this section referred to as the "claimant") who is an Australian citizen, or whose continued presence in Australia is not subject to any limitation as to time imposed by law, claims that a document of an agency or an official document of a Minister to which access has been provided to the claimant under this Act contains information relating to his personal affairs - (a) that is incomplete, incorrect, out of date or misleading; and (b) that has been used, is being used or is available for use by the agency or Minister for an administrative purpose, he may request the agency or Minister to amend the record of that information kept by the agency or Minister.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 49 Form of request for amendment of records

49. (1) A request under section 48 - (a) shall be in writing and be expressed to be made in pursuance of this section; (b) shall specify an address in Australia to which a notice under this Part may be sent to the claimant; and (c) shall be sent by post to the agency or Minister, or delivered to an officer of the agency or a member of the staff of the Minister, at an address of the agency or of the Minister, as the case may be, that is an address set out in regulations made for the purposes of section 19.

(2) A request under section 48 shall give particulars of the matters in

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respect of which the claimant believes the record of information kept by the agency or Minister is incomplete, incorrect, out of date or misleading and shall specify the amendments that the claimant wishes to be made.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 50 Procedures upon request for amendment of records

50. (1) Where an agency to which or Minister to whom a request is made under section 48 decides to amend the record of information to which the request relates, the agency or Minister may, in its or his discretion, make the amendment either by altering the record or by adding an appropriate notation to the record.

(2) Where an agency or Minister amends a record by adding a notation to the record, the notation shall - (a) specify the respects in which the information is incomplete, incorrect, out of date or misleading; and (b) in a case where the information is claimed to be out of date - set out such information as is required to bring the information up to date.

(3) Where a request is made to an agency or Minister under section 48, the agency or Minister shall take all reasonable steps to enable the claimant to be notified of a decision on the request as soon as practicable but in any case not later than 30 days after the day on which the request is received by or on behalf of the agency or Minister.

(4) Section 23 applies in relation to a decision in respect of a request made under section 48.

(5) Section 26 applies in relation to a decision made under this Part refusing to amend a record in like manner as it applies in relation to a decision made under Part III refusing to grant access to a document in accordance with a request made in accordance with sub-section 15 (1).

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 51 Review of requests for amendment of records

51. (1) A reference in Part VI to a request shall be construed as including a request under section 48 but, for the purposes of the application of that Part to or in relation to a request made under that section - (a) the reference in paragraph 55 (1) (a) to a decision refusing to grant access to a document shall be read as a reference to a decision made under this Part refusing to amend a record; (b) paragraph 56 (1) (a) has effect as if "in accordance with section 19" were omitted; (c) paragraph 56 (1) (b) has effect as if "60 days or such other period as is applicable by virtue of regulations under sub-section 19 (2)" were omitted and "30 days" were substituted; (d) the reference in sub-section 56 (1) to a decision refusing to grant access to a document shall be read as a reference to a decision refusing to amend a record; (e) the reference in sub-section 56 (3) to a decision refusing to grant access to a document shall be read as a reference to a decision refusing to amend a record; and (f) the reference in sub-section 56 (5) to a decision to grant, without deferment, access to a document shall be read as a reference to a decision to amend a record.

(2) Where - (a) an agency or Minister refuses to amend a record pursuant to a request under section 48; (b) the claimant makes an application to the Administrative Appeals Tribunal for a review of the decision; and (c) the Tribunal affirms the decision, the claimant may, by notice in writing, require the agency or Minister to add to the record a notation - (d) specifying the respects in which the information is claimed by him to be incomplete, incorrect, out of date or misleading; and (e) in a case where the information is claimed by him to be out of date - setting out such information as is claimed to be required to bring up to date or complete the information.

(3) Paragraph 49 (1) (c) applies to a notice under sub-section (2) in like manner as it applies in relation to a request under section 48.

(4) Where a notice is given to an agency or Minister under sub-section (2) - (a) the agency or Minister shall ensure that a notation as required by the notice is added to the record; and (b) if any information in the part of the record to which the notation relates is disclosed to a person (including another agency or Minister) by the agency or Minister, the agency or Minister shall ensure that there is also furnished to that person, with the document containing the information, a statement -

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(i) stating that the person to whom the information relates claims that the information is incomplete, incorrect, out of date or misleading, as the case may be; and (ii) giving particulars of the notation, and may, if the agency or Minister considers it appropriate to do so, include in the statement the reasons of the agency or Minister for not amending the part of the record from which the information is taken.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 52 Notation of records supplied before commencement of this Part

52. Nothing in this Part is intended to prevent or discourage agencies or Ministers from giving particulars of a notation added to a record in accordance with paragraph 51 (4) (a) to a person (including any agency or Minister) to whom information contained in the record to which the notation relates was furnished before the commencement of this Part.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - PART VI PART VI - REVIEW OF DECISIONS

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 53 Interpretation

53. For the purposes of this Part, unless the contrary intention appears - (a) a certificate given under sub-section 33 (4), 34 (4) or 35 (4) in respect of a document as described in a request shall be deemed to be a certificate given in respect of the document so described notwithstanding that the certificate does not acknowledge the existence or non-existence of the document so described; and (b) a claim that a document would, if it exists, be an exempt document under section 33, 34 or 35 shall be deemed to be a claim that the document is an exempt document under that section notwithstanding that the existence or non-existence of the document is not acknowledged.

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 54 Internal review

54. (1) Where a decision has been made, in relation to a request to an agency, otherwise than by the responsible Minister or principal officer of the agency, being - (a) a decision in relation to the provision of access to a document that is the subject of the request; or (b) a decision that the applicant is liable to pay a charge in respect of the request for access to a document or in respect of the provision of access