FOI Guidelines issued under s93A of the FOI Act: Parts 1, 2, 10, 11 and 12
Following consultation with agencies on draft guidelines, published on the OAIC’s GovDex site over the past five months, the Information Commissioner has formally issued guidelines under section 93A of the Freedom of Information Act 1982 (FOI Act). The 5 parts of the guidelines that have been issued are available on the OAIC’s website at http://www.oaic.gov.au/publications/guidelines.html.
Agencies must have regard to these guidelines in performing a function or exercising a power under the FOI Act. The Guidelines also summarise the key provisions of the FOI Act and outline important amendments that were made to the FOI Act by the Freedom of Information Amendment (Reform) Act 2010. The Guidelines are divided into Parts based on subject matter. The Parts that have been issued are:
Part 1 Introduction to the Freedom of Information Act 1982
Part 2 Scope of application of the Freedom of Information Act
Part 10 Review by the Information Commissioner
Part 11 Complaints and investigations
Part 12 Vexatious applicant declarations
A preface and glossary has also been published. The Australian Information Commissioner will issue further Parts of the Guidelines in the first half of 2011.
New draft FOI Guideline Parts for consultation
The following draft FOI Guideline Parts have been added to the OAIC’s GovDex site:
Part 5 Exemptions
Part 7 Amendment and annotation of personal records
Agencies are invited to provide comments on the draft guidelines by 28 January 2011.
Note: If any Australian Government officer has a work related requirement to view these drafts and does not already have access to the OAIC’s GovDex site they should send an email to consultation@oaic.gov.au requesting access to the OAIC’s GovDex site and including their name, position, agency and email address.
Fact Sheets
The following new fact sheets are now available on the OAIC’s website: http://www.oaic.gov.au/publications/factsheets.html
FOI Fact Sheet 5 – Freedom of information: Your personal information
FOI Fact Sheet 6 – Freedom of information: How to apply
FOI Fact Sheet 8 – Freedom of information: Exemptions
FOI Fact Sheet 11– Freedom of information: Your rights if information about you or your business is requested
Discussion Paper - Information Publication Scheme
Part 2 of the FOI Act will establish an Information Publication Scheme (IPS) for Australian Government agencies. The IPS commences on 1 May 2011 and requires agencies to publish a broad range of information on their websites, including an agency plan, organisational information and operational information.
The Information Commissioner has released, on the OAIC’s GovDex site, a Discussion Paper about the IPS. This is a targeted consultation with Australian Government agencies. The Information Commissioner proposes to issue guidelines, having regard to the Discussion Paper and any comments received in response to it, before the commencement of the IPS.
Agencies are invited to provide comments on the Discussion Paper by 4 February 2011.
As discussed above – if you are an Australian Government agency officer and need access to GovDex please email: consultation@oaic.gov.au
Privacy Case Notes
The OAIC has released 16 new case notes about complaints under the Privacy Act 1988. This brings the total of privacy case notes released for 2010 to 24. The case notes are available at: http://www.privacy.gov.au/materials/types/casenotes?sortby=59
Christmas period
Please note the OAIC will be closed from COB on Friday 24 December 2010 and will reopen on Tuesday 4 January 2011.
The Commissioners and the OAIC staff wish you and your families a safe Christmas and a very happy new year.
Regards
Regards
Office of the Australian Information Commissioner
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