ACT Numbered Regulations - Explanatory Statements ACT Numbered Regulations - Explanatory Statements[Index] [Search] [Download] [Related Items] [Help]
FREEDOM OF INFORMATION AMENDMENT REGULATION 2016 (NO 1) (NO 3 OF 2016)
2016
THE LEGISLATIVE ASSEMBLY FOR
THE
AUSTRALIAN CAPITAL
TERRITORY
FREEDOM
OF INFORMATION AMENDMENT REGULATION 2016 (No
1)
SL2016-3
Presented by
Simon Corbell
MLA
Attorney-General
Introduction
This explanatory statement relates
to the Freedom of Information Amendment Regulation 2016 (No 1) (the
Amending Regulation) as presented to the Legislative Assembly. It has been
prepared in order to assist the reader of the Amending Regulation and to help
inform debate on it. It does not form part of the Amending Regulation and has
not been endorsed by the Assembly.
The statement is to be read in
conjunction with the Amending Regulation. It is not, and is not meant to be, a
comprehensive description of the Amending Regulation.
Outline
Purpose of the Regulation
The auditor-general for
the Australian Capital Territory is established by the Auditor-General Act
1996. Under the Auditor-General Act, the main functions of the
auditor-general are:
• to audit annual financial statements of the Territory, directorates and territory authorities under the Financial Management Act;
• to audit the accounts and records in relation to any person, body or thing ascertained in accordance with the regulations;
• to conduct performance audits in relation to any person, body or thing ascertained in accordance with the regulations; and
• to carry out functions give to the auditor-general under other
Territory laws.
The auditor-general is bound by the Freedom of
Information Act 1989 (FOI Act).
In accordance with section 6(4) of
the FOI Act, the Amending Regulation exempts from the operation of the FOI Act
documents of the auditor-general that relate to functions given to the
auditor-general under the Auditor-General Act.
This exemption
protects information provided by people being audited from third party access
through the FOI process. It therefore promotes the efficacy of the functions of
the auditor-general by encouraging full and frank disclosure by people being
audited.
The public interest in access to documents is maintained
because:
• the FOI applicant may seek access to the documents through the government organisation where those documents originated; and
• all audits conducted by the auditor general are summarised in reports
publicly available on the ACT Audit Office website.
Regulatory
impact statement
A regulatory impact statement is not required
for this regulation as it does not impose any appreciable costs on the
community, or a part of the community.
Human Rights
Implications
The Amending Regulation does not engage the Human
Rights Act 2004.
Detail
Clause 1 (Name of regulation) names the Amending Regulation – the Freedom of Information Amendment Regulation 2016 (No 1).
Clause 2 (Commencement) provides that the Amending Regulation commences on the day after it is notified.
Clause 3 (Legislation amended) provides that the Amending Regulation amends the Freedom of Information Regulation 1991 (the Regulation).
Clause 4 (Schedule 2, new item 7) inserts into schedule 2 of the
Regulation new item 7, which exempts from the operation of the FOI Act
documents of the auditor-general that relate to functions given to the
auditor-general under the Auditor-General Act.