Contents (2009 - 52)
1 Name of Act
2 Commencement
3 Object of Act
4 Interpretation
Part 2 Open government information—general principles
Division 1 Ways of accessing government information
5 Presumption in favour of disclosure of government information
6 Mandatory proactive release of certain government information
7 Authorised proactive release of government information
8 Informal release of government information
9 Access applications
10 Disclosure and access under other laws
11 Act overrides secrecy provisions in other legislation
Division 2 Public interest considerations
12 Public interest considerations in favour of disclosure
13 Public interest test
14 Public interest considerations against disclosure
15 Principles that apply to public interest determination
Division 3 Assistance and oversight
16 Agencies to provide advice and assistance
17 Role of Information Commissioner
Part 3 Open access information
18 What constitutes open access information
19 Excluded functions of particular agencies
20 Agencies must have publication guide
21 Adoption and review of publication guide
22 Role of Information Commissioner
23 What constitutes an agency’s policy documents
24 Effect of policy documents not being publicly available
Division 4 Disclosure log of access applications
25 Requirement for disclosure log
26 Required information about access applications
Division 5 Government contracts with private sector
27 Register of government contracts valued at $150,000 or more
28 Value of contract
29 Information to be entered in register—class 1 contracts
30 Additional information for class 2 contracts
31 Register to include copy of class 3 contract
32 Confidential information not required to be included in register
33 Variations to contracts
34 Minimum public access period for information on register
35 Register to be published on Government tenders website
36 Disputes
37 Agency obligation to find information
38 Exception for industry support contracts
39 Exception for SOCs—competitive neutrality
40 Exception for Landcom—contracts for sale of land
Note
Division 1 Making an access application
41 How to make an access application
42 Inclusion of additional information in applications
43 Access application cannot be made for excluded information
Division 2 Transfer, amendment or withdrawal of access applications
44 Ways in which applications can be transferred
45 Agency-initiated transfer
46 Applicant-initiated transfer
47 Notice of transfer of application
48 Effect of transfer of application
49 Amendment of application
50 Withdrawal of application
Division 3 Process for dealing with access applications
51 Initial decision as to validity of application
52 Agency assistance with invalid applications
53 Searches for information held by agency
54 Consultation on public interest considerations
55 Consideration of personal factors of application
56 Applicant can object to inclusion in disclosure log
Division 4 Deciding access applications
57 Required period for deciding application
58 How applications are decided
59 Decision that information already available to applicant
60 Decision to refuse to deal with application
61 Notice of decision to refuse to provide access
62 Notice of processing charges
63 Deemed refusal if application not decided within time
Division 5 Processing charges and advance deposits
64 Processing charge for dealing with access application
65 Discounted processing charge—financial hardship
66 Discounted processing charge—special public benefit
67 Waiver of processing charge for personal information application
68 Advance deposit for payment of processing charge
69 Maximum advance deposit
70 Result of failing to pay advance deposit
71 Refund of advance deposit
Division 6 How access is provided
72 Forms of access
73 Access to be unconditional
74 Deletion of information from copy of record to be accessed
75 Providing access by creating new record
76 Providing access to information not applied for
77 Period within which access rights must be exercised
78 Deferral of access
79 Provision of information subject to subpoena
Division 1 Reviewable decisions
80 Which decisions are reviewable decisions
81 Extended review period where more than one decision made
Division 2 Internal review by agency
82 Right of internal review
83 Time within which internal review can be applied for
84 Conduct of internal review
85 Fee for internal review
86 Required period for determination of internal review
87 No processing charges for internal review
88 No internal review of decision on internal review
Division 3 Review by Information Commissioner
89 Right to have decision reviewed by Information Commissioner
90 Time limit for applying for review by Information Commissioner
91 Disclosure of public interest information
92 Recommendations on review
93 Recommendation for reconsideration of matter by agency
94 Recommendation as to public interest against disclosure
95 Recommendation as to general procedure of agency
96 Information Commissioner may refuse to review decision
97 Onus on agency to justify decisions
98 No review of decisions reviewed by ADT
99 Referral of agency decision to ADT
Division 4 Review by Administrative Decisions Tribunal
100 Review of decision by ADT
101 Time for applying for ADT review
102 No internal review under ADT Act
103 Operation of other ADT Act provisions
104 Right of appearance before ADT
105 Onus on agency to justify decisions
106 Decisions about Cabinet and Executive Council information
107 Procedure for dealing with public interest considerations
108 Delayed decisions
109 ADT may refuse to review decision
110 Orders to restrain making of unmeritorious access applications
111 Referral of systemic issues to Information Commissioner
112 Report on improper conduct
Part 6 Protections and offences
113 Protection in respect of actions for defamation or breach of confidence
114 Protection in respect of certain criminal actions
115 Personal liability
116 Offence of acting unlawfully
117 Offence of directing unlawful action
118 Offence of improperly influencing decision on access application
119 Offence of unlawful access
120 Offence of concealing or destroying government information
121 Provision of information by private sector contractors
122 Act binds the Crown
123 State Records Act not affected
124 Powers of Ombudsman
125 Reports to Parliament
126 Requirements for notices given by agencies
127 Waiver, reduction or refund of fees and charges
128 Nature of proceedings for offences
129 Regulations
130 Review of Act
131 Review of public interest provisions by Joint Committee
132 Government Information (Public Access) Regulation 2009
Schedule 2 Excluded information of particular agencies
Schedule 3 Savings, transitional and other provisions
Schedule 4 Interpretative provisions
Schedule 5 Government
Information (Public Access) Regulation 2009