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GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 - SECT 6
Mandatory proactive release of certain government information
(1) An agency must make the government information that is its
"open access information" publicly available unless there is an
overriding public interest against disclosure of the information. Note--: Part
3 lists the information that is open access information.
(2)
Open access information is to be made publicly available free of charge on a
relevant website (unless to do so would impose unreasonable additional costs
on the agency) and can be made publicly available in any other way that the
agency considers appropriate.
(3) At least one of the ways in which an agency
makes open access information publicly available must be free of charge.
Access provided in any other way can be charged for.
(4) An agency must
facilitate public access to open access information contained in a record by
deleting matter from a copy of the record to be made publicly available if
inclusion of the matter would otherwise result in there being an
overriding public interest against disclosure of the record and it is
practicable to delete the matter.
(5) An agency must keep a record of the
open access information (if any) that it does not make publicly available on
the basis of an overriding public interest against disclosure. The record is
to indicate only the general nature of the information concerned.
(6) Nothing
in this section or the regulations requires or permits an agency to make
open access information available in any way that would constitute an
infringement of copyright.
(7) In this section--
"relevant website" means-- (a) a website maintained by the agency, or
(b) for
open access information prescribed under section 18(g) for which a website is
prescribed by the regulations--the website.
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