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The ''Freedom of Information Act 1982'' (Cth) is an Act of the
Parliament of Australia The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ...
which guarantees
freedom of information Freedom of information is freedom of a person or people to publish and consume information. Access to information is the ability for an individual to seek, receive and impart information effectively. This sometimes includes "scientific, indigeno ...
(FOI) and the rights of access to official documents of the Commonwealth Government and of its agencies to members of the public.


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. 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. One of the NAL initiatives was Freedom of Information and is considered a "landmark in the development of Australian democracy".


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; Cabinet documents. documents disclosing trade secrets; Documents disclosing trade secrets or commercially valuable information. or documents that could damage national security, Documents affecting national security, defence or international relations. defence, or international relations, or any document that could damage Commonwealth-State relations. Public interest conditional exemptions--Commonwealth-State relations etc. 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. Public interest conditional exemptions--personal privacy.


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. Requests for access. The application process can also incur charges. Charges. 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. If access has been refused wholly or in part, reasons must be provided to the applicant. Reasons and other particulars of decisions to be given. However, not all documents, depend on the contents, that held in a minister's office will be subject to the Act..


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 : * No application fee is payable for an FOI request or application for internal review; * An applicant who seeks access to their own personal information does not pay any charges; * For all other applications, the cost of the first five hours of decision-making time is set to be free of charge.


See also

*
Freedom of information laws by country 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 dissatisfa ...


References

. . * Ricketson, Matthew & Snell, Rick in Tanner, Stephen (ed.) 2002, ''Journalism: Investigation and Research'', Longman, Sydney.
Freedom of Information (FOI) Reform
Australian Government Attorney-General's Department The Attorney-General's Department is a department of the federal government of Australia responsible for law and justice, and since 29 May 2019, industrial relations. The head of the department is the Secretary of the Attorney-General's Departme ...
* {{cite Legislation AU, Cth, act, foia1982222, Freedom of Information Act 1982 at Australasian Legal Information Institute (AustLII)
Freedom of Information Act 1982
Australian Government Federal Register of Legislation


External links


Freedom of Information Act 1982
in the Federal Register of Legislation Acts of the Parliament of Australia Freedom of information legislation 1982 in Australian law