Freedom of Information Act 1982

Last updated

Freedom of Information Act 1982
Coat of Arms of Australia.svg
Parliament of Australia
  • An Act to give to members of the public rights of access to official documents of the Government of the Commonwealth and of its agencies
Citation No. 3, 1982
Enacted by House of Representatives
Enacted9 March 1982
Administered by Office of the Australian Information Commissioner
Status: In force

The Freedom of Information Act 1982(Cth) is an Act of the Parliament of Australia which guarantees freedom of information (FOI) and the rights of access to official documents of the Commonwealth Government and of its agencies to members of the public. It was passed by the Australian Parliament on 9 March 1982, and commenced on 1 December 1982.

Contents

History

Before the Act's implementation the various governments of Australia had no obligation to release information to the public, because the traditional Westminster system of governance is fairly closed to public scrutiny. [1] Between the 1960s and 1980s a number of enquiries were made, looking into the transparency of the Australian government and public services which led to New Industry Law (NAL) reforms. [1] One of the NAL initiatives was Freedom of Information and is considered a "landmark in the development of Australian democracy". [1]

The Act

Members of the public have certain rights of access. These include the right to access documents about the operation of government departments and documents that are in the possession of government Ministers or agencies (Freedom of Information Act 1982). Certain documents are exempt from this, including (but not limited to) documents detailing Cabinet deliberations or decisions; [2] documents disclosing trade secrets; [3] or documents that could damage national security, [4] defence, [4] or international relations, [4] or any document that could damage Commonwealth-State relations. [5] The Act protects personal privacy by exempting documents the disclosure of which would result in the unreasonable disclosure of personal information about any individual person, including a deceased person. [6] [7]

Requesting Information

The request for access to a document must be in writing, and contain a reasonable amount of information about the requested document in order for it to be easier to locate. [8] The application process can also incur charges. [9] Upon receiving the application, the government agency or Minister who receives the application must take all reasonable steps to inform the applicant that their request has been received within 14 days, and must also notify the applicant of their decision in relation to the request within 30 days of receiving the request. [8] If access has been refused wholly or in part, reasons must be provided to the applicant. [10] However, not all documents, depend on the contents, that held in a minister's office will be subject to the Act. [11]

Amendments

The Freedom of Information Amendment (Reform) Act 2010 was passed in May 2010, and came into effect in November 2010. The changes were largely targeted at reducing the cost of the FOI applications, which had been criticized by journalists as "prohibitively costly" (Ricketson and Snell, 2002).

Some of the changes to the Freedom of Information Amendment (Reform) Act 2010 for applications received on or after 1 November 2010 include :

Reception

The Italian investigative journalist Stefania Maurizi described Australia as "the worst jurisdiction on earth when it comes to FOIA [Freedom of Information Act]". She had filed FOI requests with governments throughout the world for documents relating to Julian Assange and WikiLeaks. [12]

See also

Related Research Articles

Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfaction with the secrecy surrounding government policy development and decision making. In recent years Access to Information Act has also been used. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions. Also variously referred to as open records, or sunshine laws, governments are typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees for the right of access to information, but these are usually unused if specific support legislation does not exist. Additionally, the United Nations Sustainable Development Goal 16 has a target to ensure public access to information and the protection of fundamental freedoms as a means to ensure accountable, inclusive and just institutions.

<span class="mw-page-title-main">Freedom of Information Act 2000</span> Act of Parliament in the United Kingdom

The Freedom of Information Act 2000 is an Act of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation in the United Kingdom on a national level. Its application is limited in Scotland to UK Government offices located in Scotland. The Act implements a manifesto commitment of the Labour Party in the 1997 general election, developed by David Clark as a 1997 White Paper. The final version of the Act was criticised by freedom of information campaigners as a diluted form of what had been proposed in the White Paper. The full provisions of the act came into force on 1 January 2005.

The Royal Commission into the Building and Construction Industry, or informally the Cole Royal Commission, was a Royal Commission established by the Australian government to inquire into and report upon alleged misconduct in the building and construction industry in Australia. The establishment of the Commission followed various unsuccessful attempts by the Federal Government to impose greater regulation upon the conduct of industrial relations in that industry.

Freedom of information (FOI) in the United Kingdom refers to members of the general public's right to access information held by public authorities. This right is covered in two parts:

  1. Public authorities must regularly publish updates and information regarding their activities, and
  2. Members of the public can make requests for information and updates regarding the activities of public authorities.

Australian administrative law defines the extent of the powers and responsibilities held by administrative agencies of Australian governments. It is basically a common law system, with an increasing statutory overlay that has shifted its focus toward codified judicial review and to tribunals with extensive jurisdiction.

<span class="mw-page-title-main">Administrative Appeals Tribunal</span> Australian tribunal

The Administrative Appeals Tribunal (AAT) is an Australian tribunal that conducts independent merits review of administrative decisions made under Commonwealth laws of the Australian Government. The AAT review decisions made by Australian Government ministers, departments and agencies, and in limited circumstances, decisions made by state government and non-government bodies. They also review decisions made under Norfolk Island laws. It is not a court and not part of the Australian court hierarchy; however, its decisions are subject to review by the Federal Court of Australia and the Federal Circuit Court of Australia. The AAT was established by the Administrative Appeals Tribunal Act 1975 and started operation in 1976.

<i>Access to Information Act</i> Canadian freedom of information act

The Access to Information Act or Information Act is a Canadian Act providing the right of access to information under the control of a federal government institution. As of 2020, the Act allowed "people who pay $5 to request an array of federal files". Paragraph 2. (1) of the Act ("Purpose") declares that government information should be available to the public, but with necessary exceptions to the right of access that should be limited and specific, and that decisions on the disclosure of government information should be reviewed independently of government. Later paragraphs assign responsibility for this review to an Information Commissioner, who reports directly to parliament rather than the government in power. However, the Act provides the commissioner the power only to recommend rather than compel the release of requested information that the commissioner judges to be not subject to any exception specified in the Act.

<span class="mw-page-title-main">Official Information Act 1982</span> Act governing freedom of information in New Zealand

The Official Information Act 1982 (OIA) is an Act of the New Zealand Parliament which creates a public right to access information held by government bodies. It is New Zealand's primary freedom of information law and has become an important part of New Zealand's constitutional framework.

Freedom of information in Canada describes the capacity for the Canadian Government to provide timely and accurate access to internal data concerning government services. Each province and territory in Canada has its own access to freedom of information legislation.

There is no absolute right to privacy in Australian law and there is no clearly recognised tort of invasion of privacy or similar remedy available to people who feel their privacy has been violated. Privacy is, however, affected and protected in limited ways by common law in Australia and a range of federal, state and territorial laws, as well as administrative arrangements.

The Office of the Australian Information Commissioner (OAIC), known until 2010 as the Office of the Australian Privacy Commissioner is an independent Australian Government agency, acting as the national data protection authority for Australia, established under the Australian Information Commissioner Act 2010, headed by the Australian Information Commissioner.

<span class="mw-page-title-main">Fair Work Act 2009</span> Australian industrial relations law

The Fair Work Act 2009(Cth) is an Act of the Parliament of Australia, passed by the Rudd government to reform the industrial relations system of Australia. It replaced the Howard government's WorkChoices legislation, it established Fair Work Australia, later renamed the Fair Work Commission.

<span class="mw-page-title-main">Freedom of Information Order (Philippines)</span>

Philippine President Rodrigo Duterte signed Executive Order No. 02, also known as the Freedom of Information (FOI) Program, on July 23, 2016, in Davao City. The executive order established the first freedom of information (FOI) Program in the Philippines covering all government offices under the Executive Branch. It requires all executive departments, agencies, bureaus, and offices to disclose public records, contracts, transactions, and any information requested by a member of the public, except for matters affecting national security and other information that falls under the inventory of exceptions issued by Executive Secretary Salvador Medialdea. The landmark order was signed two days before Duterte delivered his first State of the Nation Address and just three weeks after he assumed the presidency on June 30, 2016.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.


Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

References

  1. 1 2 3 Stubbs, Rhys (2008). "Freedom of Information and Democracy in Australia and Beyond". Australian Journal of Political Science . 43 (4): 667–684. doi:10.1080/10361140802429270..
  2. Freedom of Information Act 1982 (Cth) s 34 Cabinet documents.
  3. Freedom of Information Act 1982 (Cth) s 47 Documents disclosing trade secrets or commercially valuable information.
  4. 1 2 3 Freedom of Information Act 1982 (Cth) s 33 Documents affecting national security, defence or international relations.
  5. Freedom of Information Act 1982 (Cth) s 47B Public interest conditional exemptions--Commonwealth-State relations etc.
  6. Freedom of Information Act 1982 (Cth) s 47F Public interest conditional exemptions--personal privacy.
  7. Re Chandra and Minister for Immigration and Ethnic Affairs [1984] AATA 437 , (1984) 6 ALN N257, Administrative Appeals Tribunal (Australia).
  8. 1 2 Freedom of Information Act 1982 (Cth) s 15 Requests for access.
  9. Freedom of Information Act 1982 (Cth) s 29 Charges.
  10. Freedom of Information Act 1982 (Cth) s 26 Reasons and other particulars of decisions to be given.
  11. Parnell and Prime Minister of Australia (No 2) [2011] AICmr 12 (23 December 2011), Australian Information Commissioner (Australia).
  12. Knaus, Christopher (19 December 2023). "US officials monitored pro-Assange protests in Australia for 'anti-US sentiment', documents reveal". The Guardian. Retrieved 21 December 2023.