16 Right of access to agencies’ documents
(1) A person has a legally enforceable right to be given access to an agency’s documents in accordance with this Act.(2) (Repealed)
17 Applications for access to agencies’ documents
An application for access to an agency’s document:(a) shall be in writing, and(b) shall specify that it is made under this Act, and(c) shall be accompanied by such application fee as the agency may determine, and(d) shall contain such information as is reasonably necessary to enable the document to be identified, and(e) shall specify an address in Australia to which notices under this Act should be sent, and(f) shall be lodged at an office of the agency,and may request that access to the document be given in a particular form referred to in section 27.
18 Persons by whom applications to be dealt with etc
(1) An application shall be dealt with on behalf of an agency:(a) by the principal officer of the agency, or(b) by such other officer of the agency as the principal officer of the agency may direct for that purpose, either generally or in a particular case.(2) Notwithstanding subsection (1), an application for access to a local authority’s document shall be dealt with on behalf of the authority:(a) by the principal officer of the authority, or(b) by such other officer of the authority as the authority may, by resolution, direct for that purpose, either generally or in a particular case.(3) An application shall be dealt with as soon as practicable (and, in any case, within 21 days) after it is received.
19 Incomplete and wrongly directed applications
(1) An agency shall not refuse to accept an application merely because it does not contain sufficient information to enable the document to which it relates to be identified without first taking such steps as are reasonably practicable to assist the applicant to provide such information.(2) If an agency is unable to deal with an application because the document to which it relates:(a) is not held by the agency but is, to the knowledge of the agency, held by another agency, or(b) is held by the agency but is more closely related to the functions of another agency,the agency shall take such steps as are reasonably practicable to assist the applicant to direct the application to the other agency.
(1) An agency to which an application has been made may transfer the application to another agency:(a) if the document to which it relates:(i) is not held by the firstmentioned agency but is, to the knowledge of the firstmentioned agency, held by the other agency, or(ii) is held by the firstmentioned agency but is more closely related to the functions of the other agency, and(b) if consent to the application being transferred is given by or on behalf of the other agency.(2) An agency that transfers an application to another agency shall, if it holds the document to which the application relates, forward a copy of the document to the other agency together with the application.(3) An agency that transfers an application to another agency shall forthwith cause notice of that fact to be given to the applicant.(4) Such a notice shall specify the day on which, and the agency to which, the application was transferred.(5) An agency is not required to include in a notice any matter that is of such a nature that its inclusion in the notice would cause the notice to be an exempt document.(6) An application that is transferred from one agency to another shall be taken to have been received by the other agency:(a) on the day on which it is transferred, or(b) 10 days after the day on which it was received by the agency to which it was originally made,whichever is the earlier.
21 Agencies may require advance deposits
(1) If, in the opinion of an agency, the costs to the agency of dealing with an application are likely to exceed the amount of the application fee, the agency may request the applicant to pay to it such amount, by way of advance deposit, as the agency may determine.(2) If, in the opinion of an agency, the costs to the agency of dealing with an application are likely to exceed the sum of the application fee and of any advance deposits paid in respect of the application, the agency may request the applicant to pay to it such amount, by way of further advance deposit, as the agency may determine.(3) The amount of an advance deposit requested by an agency in respect of an application shall not be such that the sum of the application fee, the advance deposit and any further advance deposits paid in respect of the application exceeds such amount as, in the opinion of the agency, will be necessary to cover the costs of dealing with the application.(4) A request for an advance deposit shall be accompanied by a notice that sets out the basis on which the amount of the deposit has been calculated.(5) The amount of an advance deposit requested by an agency in respect of an application shall be paid to the agency within such period of time as the agency may specify in the request.(6) The period of time between the making of a request under this section and the payment of an advance deposit in accordance with the request shall not be taken into account in calculating the period of 21 days within which the relevant application is required to be dealt with.
22 Agencies may refuse to continue to deal with applications if advance deposit not paid
(1), (2) (Repealed)(3) An agency may refuse to continue dealing with an application if:(a) it has requested payment of an advance deposit in relation to the application, and(b) payment of the deposit has not been made within the period of time specified in the request.(4) If an agency refuses to continue dealing with an application under subsection (3):(a) it shall refund to the applicant such part of the advance deposits paid in respect of the application as exceeds the costs incurred by the agency in dealing with the application, and(b) it may retain the remainder of those deposits.(5) An agency that refuses to continue to deal with an application under this section must forthwith cause written notice of that fact to be given to the applicant.(6) A refusal to continue to deal with an application under this section is taken to be a determination that is subject to internal review under Part 3 and external review under Part 5, and the provisions of those Parts apply accordingly.(7), (8) (Repealed)
23 Information stored in computer systems etc
If:(a) it appears to an agency that an application relates to information of a kind that is not contained in a written document held by the agency, and(b) the agency could create a written document containing information of that kind by the use of equipment that is usually available to it for retrieving or collating stored information,the agency shall deal with the application as if it were an application for a written document so created and shall be taken to hold such a document.
24 Determination of applications
(1) After considering an application for access to a document, an agency shall determine:(a) whether access to the document is to be given (whether immediately or subject to deferral) or refused, and(b) if access to the document is to be given—any charge payable in respect of the giving of access, and(c) any charge payable for dealing with the application.(2) An agency that fails to determine an application within 21 days after the application is received by the agency shall, for the purposes of section 34 and other provisions of this Act, be taken to have determined the application by refusing access to the document to which it relates.(2A) Nothing in subsection (2) prevents an agency from determining that access should be given to the document even though more than 21 days have elapsed after the application was received by the agency. Sections 64 and 65 apply to access given pursuant to such a determination in the same way as they apply to access given pursuant to any other determination under this Act.(3) This section does not require an agency to determine an application that the agency has transferred to another agency under section 20 or has refused to continue to deal with under section 22.
(1) An agency may refuse access to a document:(a) if it is an exempt document, or(a1) if the work involved in dealing with the application for access to the document would, if carried out, substantially and unreasonably divert the agency’s resources away from their use by the agency in the exercise of its functions, or(b) if it is a document that is available for inspection at that or some other agency (whether as part of a public register or otherwise) in accordance with Part 2, or in accordance with a legislative instrument other than this Act, whether or not inspection of the document is subject to a fee or charge, or(b1) if it is a document that is available from, or available for inspection at, that agency, free of charge, in accordance with that agency’s policies and practices, or(c) if it is a document that is usually available for purchase, or(d) if it is a document that genuinely forms part of the library material held by the agency.(e) (Repealed)(2) (Repealed)(3) An agency shall refuse access to a restricted document that is the subject of a Ministerial certificate.(4) An agency shall not refuse access to an exempt document (including a restricted document that is the subject of a Ministerial certificate):(a) if it is practicable to give access to a copy of the document from which the exempt matter has been deleted, and(b) if it appears to the agency (whether from the terms of the application or after consultation with the applicant) that the applicant would wish to be given access to such a copy.(5) Subsection (1) (a1) does not permit an agency to refuse access to a document without first endeavouring to assist the applicant to amend the application so that the work involved in dealing with it would, if carried out, no longer substantially and unreasonably divert the agency’s resources away from their use by the agency in the exercise of its functions.
An agency may defer access to a document:(a) if it is a document that, by or under this Act or by or under some other legislative instrument, is required to be published but is yet to be published, or(b) if it is a document that has been prepared for presentation to Parliament, or that has been designated by the responsible Minister for the agency as appropriate for presentation to Parliament, but is yet to be presented, or(c) if it is a document that has been prepared for submission to a particular person or body, or that has been designated by the responsible Minister for the agency as appropriate for submission to a particular person or body, but is yet to be submitted.
(1) Access to a document may be given to a person:(a) by giving the person a reasonable opportunity to inspect the document, or(b) by giving the person a copy of the document, or(c) in the case of a document from which sounds or visual images are capable of being reproduced, whether or not with the aid of some other device—by making arrangements for the person to hear or view those sounds or visual images, or(d) in the case of a document in which words are recorded in a manner in which they are capable of being reproduced in the form of sound—by giving the person a written transcript of the words recorded in the document, or(e) in the case of a document in which words are contained in the form of shorthand writing or in encoded form—by giving the person a written transcript of the words contained in the document, or(f) in the case of a document in which words are recorded in a manner in which they are capable of being reproduced in the form of a written document—by giving the person a written document so reproduced.(2) If an applicant has requested that access to a document be given in a particular form, access to the document shall be given in that form.(3) Notwithstanding subsection (2), if the giving of access in the form requested:(a) would unreasonably divert the agency’s resources away from their use by the agency in the exercise of its functions, or(b) would be detrimental to the preservation of the document or (having regard to the physical nature of the document) would otherwise not be appropriate, or(c) would involve an infringement of copyright subsisting in matter contained in the document,access in that form may be refused but, if so refused, shall be given in another form.(4) If an applicant has requested that access to a document be given in a particular form and access in that form is refused but given in another form, the applicant shall not be required to pay a charge in respect of the giving of access that is greater than the charge that the applicant would have been required to pay had access been given in the form requested.(5) This section does not prevent an agency from giving access to a document in any other form agreed on between the agency and the person to whom access is to be given.(6) An agency may refuse to give access to a document unless any charge payable in respect of dealing with the application, or giving access to the document, has been paid.
(1) An agency shall cause written notice to be given to the applicant:(a) of its determination of his or her application, or(b) if the application relates to a document that is not held by the agency—of the fact that the agency does not hold such a document.(2) Such a notice shall specify:(a) the day on which the determination was made, and(b) if the determination is to the effect that access to a document is to be given (whether immediately or subject to deferral)—the amount of any charge payable in respect of the giving of access, and(c) if the determination is to the effect that the document is an exempt document and that access is to be given to a copy of the document from which exempt matter has been deleted—the fact that the document is such a copy and the provision of Schedule 1 by virtue of which the document is an exempt document, and(d) if the determination is to the effect that access to a document is to be given subject to deferral:(i) the reason for the deferral, and(ii) in the case of a deferral under section 26—the day on which the agency expects the document to be published, presented or submitted as referred to in that section, and(e) if the determination is to the effect that access to a document is refused:(i) the reasons for the refusal, and(ii) the findings on any material questions of fact underlying those reasons, together with a reference to the sources of information on which those findings are based, and(f) the amount of any charge for dealing with the application, together with:(i) a statement of any amount payable by the applicant, or(ii) a statement of any amount refundable to the applicant,in relation to the charge, having regard to the sum of any advance deposits paid in respect of the application, and(g) in the case of a determination of an amount referred to in paragraph (b) or (f) or a determination referred to in paragraph (c), (d) or (e):and shall be accompanied by the amount of any refund referred to in paragraph (f) (ii).(i) the name and designation of the officer by whom the determination was made, and(ii) the rights of review and appeal, and the rights of complaint to the Ombudsman, conferred by this Act and the Ombudsman Act 1974 in relation to the determination, and(iii) the procedures to be followed for the purpose of exercising those rights,(3) An agency is not required to include in a notice any matter that is of such a nature that its inclusion in the notice would cause the notice to be an exempt document.
29 Division to be read subject to Division 2
This Division has effect subject to the provisions of Division 2.
30 Documents affecting inter-governmental relations
(1) This section applies to a document that contains matter concerning the affairs of the Government of the Commonwealth or of another State.(2) An agency shall not give access to a document to which this section applies unless the agency has taken such steps as are reasonably practicable to obtain the views of the Government concerned as to whether or not the document is an exempt document by virtue of clause 5 of Schedule 1.(3) If:(a) an agency determines, after having sought the views of the Government concerned, that access to a document to which this section applies is to be given, and(b) the views of the Government concerned are that the document is an exempt document by virtue of clause 5 of Schedule 1,the agency shall:(c) forthwith cause written notice to be given to the Government concerned:(i) that the agency has determined that access to the document is to be given, and(ii) of the rights of review and appeal, and the rights of complaint to the Ombudsman, conferred by this Act and the Ombudsman Act 1974 in relation to the determination, and(iii) of the procedures to be followed for the purpose of exercising those rights, and(d) defer giving access to the document until after the expiration of the period within which an application for a review or appeal under this Act may be made or, if such an application is made, until after the application has been finally disposed of.
31 Documents affecting personal affairs
(1) This section applies to a document that contains information concerning the personal affairs of any person (whether living or deceased).(2) An agency shall not give access to a document to which this section applies (otherwise than to the person concerned) unless the agency has taken such steps as are reasonably practicable to obtain the views of the person concerned as to whether or not the document is an exempt document by virtue of clause 6 of Schedule 1.(3) If:(a) an agency determines, after having sought the views of the person concerned, that access to a document to which this section applies is to be given, and(b) the views of the person concerned are that the document is an exempt document by virtue of clause 6 of Schedule 1,the agency shall:(c) forthwith cause written notice to be given to the person concerned:(i) that the agency has determined that access to the document is to be given, and(ii) of the rights of review and appeal, and the rights of complaint to the Ombudsman, conferred by this Act and the Ombudsman Act 1974 in relation to the determination, and(iii) of the procedures to be followed for the purpose of exercising those rights, and(d) defer giving access to the document until after the expiration of the period within which an application for a review or appeal under this Act may be made or, if such an application is made, until after the application has been finally disposed of.(4) If:(a) an application is made to an agency for access to a document to which this section applies, and(b) the document contains information of a medical or psychiatric nature concerning the applicant, and(c) the agency is of the opinion that disclosure of the information to the applicant may have an adverse effect on the physical or mental health of the applicant, and(d) the agency decides that access to the document is to be given,it is sufficient compliance with this Act if access to the document is given to a registered medical practitioner nominated by the applicant.(5) A reference in this section to the person concerned is, in the case of a deceased person, a reference to that person’s closest relative who is of or above the age of 18 years.
32 Documents affecting business affairs
(1) This section applies to a document that contains:(a) information concerning the trade secrets of any person, or(b) information (other than trade secrets) that has a commercial value to any person, or(c) information (other than trade secrets or information referred to in paragraph (b)) concerning the business, professional, commercial or financial affairs of any person.(2) An agency shall not give access to a document to which this section applies (otherwise than to the person concerned) unless the agency has taken such steps as are reasonably practicable to obtain the views of the person concerned as to whether or not the document is an exempt document by virtue of clause 7 of Schedule 1.(3) If:(a) an agency determines, after having sought the views of the person concerned, that access to a document to which this section applies is to be given, and(b) the views of the person concerned are that the document is an exempt document by virtue of clause 7 of Schedule 1,the agency shall:(c) forthwith cause written notice to be given to the person concerned:(i) that the agency has determined that access to the document is to be given, and(ii) of the rights of review and appeal, and the rights of complaint to the Ombudsman, conferred by this Act and the Ombudsman Act 1974 in relation to the determination, and(iii) of the procedures to be followed for the purpose of exercising those rights, and(d) defer giving access to the document until after the expiration of the period within which an application for a review or appeal under this Act may be made or, if such an application is made, until after the application has been finally disposed of.
33 Documents affecting the conduct of research
(1) This section applies to a document that contains information concerning research that is being, or is intended to be, carried out by or on behalf of any person.(2) An agency shall not give access to a document to which this section applies (otherwise than to the person concerned) unless the agency has taken such steps as are reasonably practicable to obtain the views of the person concerned as to whether or not the document is an exempt document by virtue of clause 8 of Schedule 1.(3) If:(a) an agency determines, after having sought the views of the person concerned, that access to a document to which this section applies is to be given, and(b) the views of the person concerned are that the document is an exempt document by virtue of clause 8 of Schedule 1,the agency shall:(c) forthwith cause written notice to be given to the person concerned:(i) that the agency has determined that access to the document is to be given, and(ii) of the rights of review and appeal, and the rights of complaint to the Ombudsman, conferred by this Act and the Ombudsman Act 1974 in relation to the determination, and(iii) of the procedures to be followed for the purpose of exercising those rights, and(d) defer giving access to the document until after the expiration of the period within which an application for a review or appeal under this Act may be made or, if such an application is made, until after the application has been finally disposed of.
(1) A person who is aggrieved by a determination made by an agency is entitled to a review of the determination.(2) An application for review of a determination:(a) shall be in writing, and(b) shall be accompanied by such application fee as the agency may determine, and(c) shall be addressed to the principal officer of the agency, and(d) shall specify an address in Australia to which notices under this Act should be sent, and(e) shall be lodged at an office of the agency:(i) if notice of the determination was given to the applicant—within 28 days after that notice was given, or(ii) if no notice of the determination was given to the applicant—within 49 days after the application was received by the agency, or(iii) in any case, within such further time as the principal officer of the agency may allow.(3) A person is not entitled to a review of:(a) a determination of an application made under this section, or(b) a determination that has been made by the principal officer of an agency.(4) An application under this section shall be dealt with in accordance with this Part as if it were an application under section 17.(5) An application under this section shall not be dealt with by the person who dealt with the original application under section 17 or by a person who is subordinate to that person.(6) An agency that fails to determine an application made under this section within 14 days after it is received by the agency shall, for the purposes of this Act, be taken to have made a determination under section 24 refusing access to the document to which the application relates.(7) For the purposes of this section, a person is aggrieved by a determination:(a) if the determination relates to an application made by the person under section 17 and is to the effect that:(i) an agency refuses to give the applicant access to a document, or(ii) access to a document is to be given to the applicant subject to deferral, or(iii) access to a copy of a document from which exempt matter has been deleted is to be given to the applicant, or(iv) access to a document is to be given to the applicant subject to a charge for dealing with the application, or for giving access to a document, that the applicant considers to be unreasonable, or(v) a charge for dealing with the application is payable by the applicant, being a charge that the applicant considers to have been unreasonably incurred, or(b) if the determination relates to an application made by some other person under section 17 in respect of a document to which one or more of the provisions of Division 2 applies and:(i) an agency should have, but has not, taken such steps as are reasonably practicable to obtain the views of the person as to whether or not the document is an exempt document by virtue of any one or more of the provisions of Part 2 of Schedule 1, or(ii) an agency should have, and has, taken such steps, but the determination is not in accordance with the views of the person, or(c) if the determination relates to an application made by the person under section 17 and is a determination that was taken to have been made by virtue of section 24 (2) (which provides that an agency that fails to determine an application within 21 days after the application was received by the agency is taken to have determined the application by refusing access to the document to which it relates).(8) Subsections (3) (b) and (5) do not apply to the internal review of a determination that was taken to have been made by virtue of section 24 (2).
Division 4 Ministers’ documents
35 Right of access to Ministers’ documents
A person has a legally enforceable right to be given access to a Minister’s documents in accordance with this Act.
36 Applications for access to Ministers’ documents
An application for access to a Minister’s document:(a) shall be in writing, and(b) shall specify that it is made under this Act, and(c) shall be accompanied by such application fee as that Minister may determine, and(d) shall contain such information as is reasonably necessary to enable the document to be identified, and(e) shall specify an address in Australia to which notices under this Act should be sent, and(f) shall be lodged at the office of that Minister,and may request that access to the document be given in a particular form referred to in section 27.
37 Persons by whom applications to be dealt with etc
(1) An application shall be dealt with:(a) by the Minister concerned, or(b) by such member of that Minister’s staff as that Minister may direct for that purpose, either generally or in a particular case.(2) An application shall be dealt with as soon as practicable (and, in any case, within 21 days) after it is received.
The provisions of Divisions 1 and 2 (sections 16–18 excepted):(a) apply to an application for access to a Minister’s document in the same way as they apply to an application for access to an agency’s document, and(b) apply to a Minister to whom an application is made for access to a Minister’s document in the same way as they apply to an agency to which an application is made for access to an agency’s document.