Australian Capital Territory Current Acts

FREEDOM OF INFORMATION ACT 2016

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  

   PART 2--OBJECTS AND IMPORTANT CONCEPTS

   6.      Objects of Act  
   7.      Right of access to government information  
   8.      Informal requests for government information  
   9.      Promoting access to government information  
   10.     Act not intended to prevent or discourage publication etc  
   11.     Relationship with other laws requiring disclosure  
   11A.    Relationship with Assisted Reproductive Technology Act 2024  
   12.     Relationship with Health Records (Privacy and Access) Act 1997  
   13.     Relationship with Territory Records Act 2002  
   14.     What is government information?  
   15.     Meaning of agency  
   16.     Meaning of contrary to the public interest information  
   17.     Public interest test  

   PART 3--INFORMATION OFFICERS

   18.     Information officers—appointment  
   19.     Information officers—functions  
   20.     Information officers not subject to directions  
   21.     Information officers may act for other agencies  
   22.     Information officers may consult with other information officers  

   PART 4--OPEN ACCESS INFORMATION

   23.     What is open access information?  
   24.     Availability of open access information  
   25.     Open access information—quality of information  
   26.     Open access information—deletion of contrary to the public interest information  
   27.     Open access information—effect of policy documents not being available  
   28.     Requirement for disclosure log  
   29.     Agency publication undertakings  

   PART 5--ACCESS APPLICATIONS

           Division 5.1--Making access applications

   30.     Making access application  
   31.     Application not in accordance with requirements  
   32.     Notice of date application received  

           Division 5.2--Deciding access applications

   33.     Who deals with access applications  
   34.     Deciding access—identifying information within scope of  
   35.     Deciding access—how applications are decided  
   36.     Deciding access—additional government information  
   37.     Deciding access—considering applicant's views on public  
   38.     Deciding access—relevant third parties  
   39.     Deciding access—decision not made in time taken to be refusal to give  
   40.     Deciding access—time to decide  
   41.     Deciding access—respondent may ask for additional time to  
   42.     Deciding access—extension of time given by ombudsman  

           Division 5.3--Refusing to deal with applications

   43.     Refusing to deal with application—general  
   44.     Refusing to deal with application—unreasonable and substantial diversion of  
   45.     Refusing to deal with application—information already available to  
   46.     Refusing to deal with application—consulting applicant before refusing to deal with  

           Division 5.4--Giving access to information

   47.     Giving access—form of access  
   48.     Giving access—access to be unconditional  
   49.     Giving access—deferral of access  
   50.     Giving access—deletion of contrary to the public interest  

           Division 5.5--Notice of access decisions and reasons

   51.     Notice of decision to be given  
   52.     Content of notice—access to information given  
   53.     Content of notice—information not held by respondent  
   54.     Content of notice—refusing to give access to information  
   55.     Content of notice—refusal to deal with application  
   56.     Content of notice—refusing to confirm or deny existence of  

           Division 5.6--Access applications for information held by other agencies or Ministers

   57.     Transfer of access applications  
   58.     Access applications if two or more agencies or Ministers hold relevant  

   PART 6--AMENDMENT OF PERSONAL INFORMATION

   59.     Requesting amendment of personal information  
   60.     Who deals with requests to amend personal information  
   61.     Deciding requests to amend personal information  
   62.     Time to decide request  
   63.     Notifying person affected of decision  

   PART 7--ROLE OF OMBUDSMAN

           Division 7.1--Ombudsman functions and general powers

   64.     Ombudsman—functions  
   65.     Open access information declarations  
   66.     Guidelines for Act  
   67.     Annual report on operation of Act  
   68.     Access to information for ombudsman review  

           Division 7.2--Complaints to ombudsman

   69.     Complaints to ombudsman  

   PART 8--NOTIFICATION AND REVIEW OF DECISIONS

           Division 8.1--Review of decisions—definitions and notices

   70.     Definitions—pt 8  
   71.     FOI reviewable decision notices and reviewable decision notices  
   72.     Onus  

           Division 8.2--Ombudsman review

   73.     Ombudsman review of certain decisions  
   74.     Applications for ombudsman review  
   75.     Notice of ombudsman review  
   76.     Decision-maker to tell relevant third parties etc  
   77.     Participants in ombudsman reviews  
   78.     Ombudsman review—extension of time when decision not made in  
   79.     Notice to give information or attend ombudsman review  
   80.     Ombudsman direction to conduct further searches  
   80A.    Informal resolution  
   81.     Mediation for applications  
   82.     Ombudsman review  
   83.     Questions of law to ACAT  

           Division 8.3--ACAT review

   84.     Review of decisions by ACAT  
   85.     Participants in review by ACAT  
   86.     ACAT direction to conduct further searches  

           Division 8.4--Costs of review by ACAT or appeal to Supreme Court

   87.     Costs of review by ACAT  
   88.     Costs of appeal to Supreme Court  

   PART 9--OFFENCES

   89.     Making decision contrary to Act  
   90.     Giving direction to act contrary to Act etc  
   92.     Failing to identify information  
   93.     Improperly influencing exercise of function  
   94.     Gaining unlawful access to government information  

   PART 10--MISCELLANEOUS

   95.     Annual statements by Chief Minister  
   96.     Annual reports to Legislative Assembly  
   97.     How government information to be published  
   98.     Access applications taken not to include application for access to  
   99.     Administrative unit entitled to access information of entity performing regulatory  
   100.    Agency entitled to access to information about government contracts  
   101.    Government information of abolished agencies  
   102.    Transfer of Ministerial responsibility  
   103.    Protection from liability  
   104.    Determination of fees  
   105.    No fees for certain matters  
   106.    Fee estimate  
   107.    Fee waiver  
   108.    Approved forms  
   109.    Regulation-making power  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           DICTIONARY
           ENDNOTES