[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Freedom of Information Amendment
(Requests and Reasons) Bill 2015
No. , 2015
(Senator Ludwig)
A Bill for an Act to amend the Freedom of
Information Act 1982, and for related purposes
No. , 2015
Freedom of Information Amendment (Requests and Reasons) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Freedom of Information Act 1982
3
No. , 2015
Freedom of Information Amendment (Requests and Reasons) Bill 2015
1
A Bill for an Act to amend the Freedom of
1
Information Act 1982, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Freedom of Information Amendment
5
(Requests and Reasons) Act 2015.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Freedom of Information Amendment (Requests and Reasons) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after the end of the period of 3
months beginning on the day this Act
receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
No. , 2015
Freedom of Information Amendment (Requests and Reasons) Bill 2015
3
Schedule 1
--Amendments
1
2
Freedom of Information Act 1982
3
1 Subsection 4(1)
4
Insert:
5
working day, in relation to a requirement in a provision of this Act
6
to publish information, means a day that is not:
7
(a) a Saturday; or
8
(b) a Sunday; or
9
(c) a public holiday in the place where the function of publishing
10
the information under the provision is to be performed.
11
2 Paragraph 11C(3)(b)
12
Omit "downloaded; or", substitute "downloaded.".
13
3 Paragraph 11C(3)(c)
14
Repeal the paragraph.
15
4 Subsection 11C(7)
16
Repeal the subsection.
17
5 After section 11C
18
Insert:
19
11D Publication of requests and reasons
20
Scope
21
(1) This section applies if a person makes a request referred to in
22
paragraph 11A(1)(a) for access to a document of an agency or an
23
official document of a Minister (whether or not the document or
24
official document exists), other than a request for access to the
25
person's personnel records (within the meaning of section 15A).
26
Schedule 1 Amendments
4
Freedom of Information Amendment (Requests and Reasons) Bill 2015
No. , 2015
Publication
1
(2) If the agency or Minister decides to give the person access to the
2
document in accordance with this Act, the agency or Minister must
3
publish the request and the reasons for the decision before the end
4
of 10 working days after the day the person is given access to the
5
document.
6
(3) If the agency or Minister decides to give the person access to an
7
edited copy of the document in accordance with section 22, the
8
agency or Minister must:
9
(a) publish the request, and the notice under subsection 22(3),
10
within 10 working days after the day the decision is made;
11
and
12
(b) if the person makes a request under subsection 22(4) for the
13
agency or Minister to give the person a notice in accordance
14
with section 26 in relation to the request--publish the notice
15
given in accordance with section 26 within 10 working days
16
after the notice is given.
17
(4) If the agency or Minister decides not to give the person access to
18
the document in accordance with this Act (and does not decide to
19
give the person access to an edited copy of the document in
20
accordance with section 22), the agency or Minister must:
21
(a) publish the request within 10 working days after the day the
22
decision is made; and
23
(b) publish the notice given in accordance with section 26 in
24
relation to the request within 10 working days after the notice
25
is given.
26
(5) The agency, or the Minister, must publish (without charge) the
27
request, reasons or notice to members of the public generally on a
28
website by:
29
(a) making the request, reasons or notice available for
30
downloading from the website; or
31
(b) publishing on the website a link to another website, from
32
which the request, reasons or notice can be downloaded.
33
Amendments Schedule 1
No. , 2015
Freedom of Information Amendment (Requests and Reasons) Bill 2015
5
Certain information to be removed
1
(6) The agency or Minister must, before publishing a request, reasons
2
or a notice under this section, remove from the request, reasons or
3
notice any of the following information:
4
(a) information that would, at the time the request, reasons or
5
notice is to be published, cause the request, reasons or notice
6
to be an exempt document;
7
(b) personal information about the person who made the request;
8
(c) personal information about any other person, if it would be
9
unreasonable to publish the information;
10
(d) information about the business, commercial, financial or
11
professional affairs of any person, if it would be
12
unreasonable to publish the information;
13
(e) other information of a kind determined by the Information
14
Commissioner under subsection 11C(2), if it would be
15
unreasonable to publish the information.
16
6 Application
17
The amendments made by this Act apply in relation to requests referred
18
to in paragraph 11A(1)(a) of the Freedom of Information Act 1982 that
19
are made on or after the day this item commences.
20