Australian Capital Territory Current Acts Australian Capital Territory Current Acts(see s 3)
Note 1 The Legislation Act
contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act
, dict, pt 1, defines the following terms:
• ACAT
• administrative unit
• auditor-general
• document
• human rights commission
• integrity commission
• law
• officer of the Assembly
• ombudsman
• reviewable decision notice
• territory law
• territory-owned corporation
• working day.
"access application" means an application under section 30 for access to government information.
"agency"—see section 15.
"clarification request"—see section 34 (3).
"contrary to the public interest information"—see section 16.
"decision-maker", for a reviewable decision, for part 8 (Notification and review of decisions)—see section 70.
"decision notice"—see section 51 (1).
"disclosure log"—see section 28.
"eligible family member", of a deceased person, for schedule 2 (Factors to be considered when deciding the public interest)—see schedule 2, section 2.3.
"government information"—see section 14.
"held", in relation to information—see section 14.
"information officer", of an agency, means the person appointed as the agency's information officer under section 18.
"integrity commission inspector" means the inspector of the integrity commission under the Integrity Commission Act 2018
.
"ombudsman review"—see section 73.
"open access information", of an agency or a Minister—see section 23.
"personal information"—
(a) means information or an opinion (including information forming part of a database), whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion; but
(b) for an individual who is or has been an officer of an agency or staff member of a Minister, does not include information about—
(i) the individual's position or functions as an officer or staff member; or
(ii) things done by the individual in exercising functions as an officer or staff member.
"policy document"—see section 23.
"principal officer", of an agency, means—
(a) for an administrative unit—the director-general of the administrative unit; or
(b) for the Supreme Court, Magistrates Court, Coroner's Court or ACAT—the chief executive officer appointed under the Court Procedures Act 2004
, section 11A (1); or
(c) for the Office of the Legislative Assembly—the clerk of the Legislative Assembly; or
(d) for an officer of the Assembly—the officer; or
(e) for a statutory office-holder and the staff assisting the statutory office-holder—the statutory office-holder; or
(f) for a territory-owned corporation or a subsidiary of a territory-owned corporation—the chief executive officer of the corporation or subsidiary; or
(g) for a royal commission, board of inquiry or judicial commission—the director-general of the administrative unit that provides secretariat support to the Executive; or
(h) for any other agency—the person prescribed by regulation to be the principal officer of the agency.
"publication undertaking"—see section 29.
"public official"—see the Criminal Code
, section 300.
"record"—
(a) means any document or other source of information compiled, recorded or stored in written form or by electronic process, or in any other manner or by any other means; and
(b) includes a reference to a copy of the record.
"relevant third party"—see section 38 (1).
"respondent", in relation to an access application—see section 34 (1).
"reviewable decision", for part 8 (Notification and review of decisions)—see section 70.
"sensitive information"—see the Information Privacy Act 2014
"web content accessibility guidelines" means the guidelines recommended by the World Wide Web Consortium on 11 December 2008 for making web content more accessible.
Note The guidelines are accessible at www.w3.org
.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001
, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
A = Act |
NI = Notifiable instrument |
|
AF = Approved form |
o = order |
|
am = amended |
om = omitted/repealed |
|
amdt = amendment |
ord = ordinance |
|
AR = Assembly resolution |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
CN = Commencement notice |
pres = present |
|
def = definition |
prev = previous |
|
DI = Disallowable instrument |
(prev...) = previously |
|
dict = dictionary |
pt = part |
|
disallowed = disallowed by the Legislative |
r = rule/subrule |
|
Assembly |
reloc = relocated |
|
div = division |
renum = renumbered |
|
exp = expires/expired |
R[X] = Republication No |
|
Gaz = gazette |
RI = reissue |
|
hdg = heading |
s = section/subsection |
|
IA = Interpretation Act 1967 |
sch = schedule |
|
ins = inserted/added |
sdiv = subdivision |
|
LA = Legislation Act 2001 |
SL = Subordinate law |
|
LR = legislation register |
sub = substituted |
|
underlining = whole or part not commenced |
|
|
mod = modified/modification |
or to be expired |
Freedom of Information Act 2016 A2016-55
notified LR 26 August 2016
s 1, s 2 commenced 26 August 2016 (LA s 75 (1))
remainder commenced 1 January 2018 (s 2 as am by A2017-14 s 19)
as amended by
Justice and Community Safety Legislation Amendment Act 2017 (No 2)
A2017-14 pt
7
notified LR 17 May
2017
s 1, s 2 commenced 17 May 2017 (LA s 75
(1))
ss 20-23 commenced 1 January 2018 (s 2 (3) and
see A2016-55 s 2 (as am by A2017-14 s 19))
pt 7
remainder commenced 24 May 2017 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2017 (No 3)
A2017-38 pt 11
notified LR 9 November 2017
s 1, s 2 commenced 9 November 2017 (LA s 75 (1))
pt 11 commenced 1 January 2018 (s 2 (3) (a) and see A2016-55 s 2 (as am by A2017-14 s 19))
Statute Law Amendment Act 2018
A2018-42 sch 1 pt 1.1
notified LR 8 November 2018
s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))
sch 1 pt 1.1 commenced 22 November 2018 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2019
A2019-17 pt 5
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
pt 5 commenced 21 June 2019 (s 2)
A2018-52 sch 1 pt 1.10 (as am by A2019-18
notified LR 11 December 2018
s 1, s 2 commenced 11 December 2018 (LA s 75 (1))
sch 1 pt 1.10 commenced 1 July 2019 (s 2 (1) as am by A2019-18
Integrity Commission Amendment Act 2019
A2019-18 s 4
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
s 4 commenced 1 July 2019 (s 2 (1))
Note This Act only amends the Integrity Commission Act 2018
A2018-52.
Freedom of Information Amendment Act 2019
A2019-37
notified LR 10 October 2019
s 1, s 2 commenced 10 October 2019 (LA s 75 (1))
remainder commenced 15 October 2019 (s 2 and CN2019-16
)
Public Interest Disclosure Amendment Act 2020
A2020-46 sch 1 pt 1.1
notified LR 4 September 2020
s 1, s 2 commenced 4 September 2020 (LA s 75 (1))
sch 1 pt 1.1 commenced 4 March 2021 (s 2 and LA s 79)
Justice and Community Safety Legislation Amendment Act 2021 (No 2)
A2021-33 pt 10
notified LR 10 December 2021
s 1, s 2 commenced 10 December 2021 (LA s 75 (1))
pt 10 commenced 1 January 2022 (s 2 (4) (a))
Freedom of Information Amendment Act 2023
A2023-16
notified LR 17 May 2023
s 1, s 2 commenced 17 May 2023 (LA s 75 (1))
remainder commenced 24 May 2023 (s 2)
Justice and Community Safety Legislation Amendment Act 2023 (No 2)
A2023-42 sch 1 pt 1.1
notified LR 8 November 2023
s 1, s 2 commenced 8 November 2023 (LA s 75 (1))
sch 1 pt 1.1 commenced 9 November 2023 (s 2)
Justice and Community Safety Legislation Amendment Act 2023 (No 3)
A2023-57 pt 9
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
pt 9 commenced 12 December 2023 (s 2
(1))
Commencement
s
2 am A2017-14
Meaning of
agency
s 15 am A2017-38
Meaning of contrary to the public
interest information
s 16 sub A2023-16
Public interest
test
s 17 am A2023-16
Information
officers—functions
s 19 am A2017-38
s 31; A2019-17
What is open access
information?
s 23 am A2017-14
Open access information—deletion of
contrary to the public interest
information
s 26 am A2023-16
Requirement for disclosure
log
s 28 am A2019-37
s 6; A2023-16
Application not in accordance with
requirements
s 31 hdg sub A2019-37
Notice of date application
received
s 32 am A2017-38
Deciding access—identifying
information within scope of
application
s 34 am A2019-37
Deciding access—relevant third
parties
s 38 am A2023-16
Deciding access—decision not made in
time taken to be refusal to give
access
s 39 am A2019-37
s 11, s 12; ss renum R6 LA; A2023-16
Deciding access—time to
decide
s 40 am A2019-37
s 13; A2023-16
Deciding access—respondent may ask for
additional time to decide
s 41 am A2019-17
Deciding access—extension of time
given by ombudsman
s 42 sub A2019-37
s 16
am
A2023-16
Refusing to deal with
application—general
s 43 am A2023-16
Refusing to deal with
application—information already available to
applicant
s 45 am A2019-37
s 17; pars renum R6 LA; A2023-16
Giving access—form of
access
s 47 am A2023-16
Giving access—deferral of
access
s 49 sub A2019-37
Transfer of access
applications
s 57 am A2017-38
Access applications if two or more agencies
or Ministers hold relevant
information
s 58 am A2017-38
s 32; A2019-37
Ombudsman—functions
s
64 am A2017-38
s 33; A2018-42
amdt 1.1
Open access information
declarations
s 65 am A2017-14
s 22; ss renum R1 LA
Access to information for ombudsman
review
s 68 sub A2023-57
Applications for ombudsman
review
s 74 am A2019-37
s 21; pars renum R6 LA; A2023-16
s 21; pars renum R9 LA
Ombudsman review—extension of time
when decision not made in time
s 78 am
A2019-37
Informal
resolution
s 80A ins A2019-37
Mediation for
applications
s 81 am A2017-14
s 23; A2019-37
Ombudsman
review
s 82 am A2019-37
s 25, s 26; ss renum R6 LA; A2023-16
Review of decisions by
ACAT
s 84 am A2019-37
Preventing disclosure of
information
s 91 om A2017-38
Fee
estimate
s 106 sub A2019-37
Review of
Act
s 110 exp 1 January 2025 (s 110
(4))
Repeals and consequential
amendments
pt 11 hdg om LA s 89
(3)
Legislation
repealed
s 111 om LA s 89
(3)
Legislation amended—sch
4
s 112 om LA s 89
(3)
Transitional
pt
20 hdg exp 1 January 2019 (s 203)
Definitions—pt
20
s 200 exp 1 January 2019 (s
203)
def commencement day
exp 1 January 2019 (s 203)
def
repealed FOI Act exp 1 January 2019 (s 203)
Requests made under repealed FOI Act before
commencement day
s 201 exp 1 January
2019 (s 203)
Transitional
regulations
s 202 exp 1 January 2019
(s 203)
Expiry—pt
20
s 203 exp 1 January 2019 (s
203)
Information disclosure of which is taken to
be contrary to the public interest
sch
1 am A2023-16
Information in possession of a court or
tribunal
sch 1 s 1.1A ins A2017-38
Information in possession of integrity
commission or inspector of the integrity
commission
sch 1 s 1.1B ins A2018-52
amdt 1.74
Information disclosure of which is
prohibited under law
sch 1 s 1.3 am A2017-38
s 36; A2019-17
Identities of people making
disclosures
sch 1 s 1.9 am A2017-38
s 37; A2020-46
amdt 1.1
Information in possession of
ombudsman
sch 1 s 1.12 am A2017-38
Information in possession of Inspector of
Correctional Services
sch 1 s 1.15 ins
A2023-16
Factors favouring nondisclosure in the
public interest
sch 2 s 2.2 am A2018-52
amdt 1.75
Reviewable
decisions
sch 3 am A2023-16
Consequential
amendments
sch 4 om LA s 89
(3)
Dictionary
dict am
A2018-52
amdt 1.76; A2019-37
s
29
def clarification
request ins A2019-37
s
30
def policy document ins
A2023-16
s
28
def principal officer am
A2017-38
s 39; pars renum R1 LA; A2023-42
amdt
1.1
def integrity commission
inspector ins A2018-52
amdt 1.77
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No and date |
Effective |
Last amendment made by |
Republication for |
|---|---|---|---|
|
R1 |
1 Jan
2018– |
A2017-38 |
new Act and amendments by A2017-14
and A2017-38
R2
22 Nov
2018
22 Nov
2018–
1 Jan 2019
A2018-42
amendments by A2018-42
R3
2 Jan
2019
2 Jan
2019–
20 June 2019
A2018-42
expiry of transitional provisions (pt 20)
R4
21
June 2019
21 June
2019–
30 June 2019
A2019-17
amendments by A2019-17
R5
1 July
2019
1 July
2019–
14 Oct 2019
A2019-18
amendments by A2018-52
as amended by A2019-18
R6
15 Oct
2019
15 Oct
2019–
3 Mar 2021
A2019-37
amendments by A2019-37
R7
4 Mar
2021
4 Mar
2021–
31 Dec 2021
A2020-46
amendments by A2020-46
R8
1 Jan
2022
1 Jan
2022–
23 May 2023
A2021-33
amendments by A2021-33
R9
24 May
2023
24 May
2023–
8 Nov 2023
A2023-16
amendments by A2023-16
R10
9 Nov
2023
9 Nov
2023–
11 Dec 2023
A2023-42
amendments by A2023-42
6 Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001
, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp' followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
© Australian Capital Territory 2023