Government Information (Public Access) Regulation 2009
Repealed version for 27 August 2018 to 30 August 2018 (accessed 7 August 2020 at 20:19)
Part 4
Part 4 Miscellaneous
10   Exempt documents under interstate FOI legislation—corresponding laws
The following laws are prescribed as corresponding laws for the purposes of clause 7 of the Table to section 14 of the Act:
(a)  Freedom of Information Act 1982 of Victoria,
(b)  Right to Information Act 2009 of Queensland,
(c)  Freedom of Information Act 1989 of the Australian Capital Territory,
(d)  Freedom of Information Act 1992 of Western Australia,
(e)  Right to Information Act 2009 of Tasmania,
(f)  Freedom of Information Act 1991 of South Australia,
(g)  Information Act of the Northern Territory.
11   Bodies declared to be public authorities
For the purposes of clause 2 (2) (b) of Schedule 4 to the Act, each of the following bodies is declared to be a public authority:
(a)  NSW Adult Migrant English Service,
(b)  Australian Music Examinations Board NSW,
(c)  Duke of Edinburgh Award Scheme (NSW State Committee),
(d)  Regional Development Australia.
11A   Declaration of Service NSW as government agency
For the purposes of clause 5 (1) of Schedule 4 to the Act, the Service NSW Division of the Government Service is declared to be an agency.
12   Agencies that are part of other agencies
For the purposes of clause 6 of Schedule 4 to the Act, each agency referred to in Schedule 3 to this Regulation (the subsidiary agency) is declared not to be a separate agency but is taken to be part of and included in the agency (the parent agency) specified in that Schedule in respect of the subsidiary agency.
13   Records in certain agencies
For the purposes of clause 13 (1) (e) of Schedule 4 to the Act, the following agencies are prescribed:
(a)  Audit Office,
(b)  Ombudsman’s Office.
14   Savings and transitional provisions
(1) FOI Act annual reports due for 2010 Section 68 of the FOI Act continues to apply (as if it had not been repealed) to and in respect of any report that would, but for that repeal, have been required to be prepared at any time during 2010.
(2) Publication of information concerning affairs of agencies under FOI Act Despite the repeal of section 14 of the FOI Act, the requirement under that section to publish a statement of the affairs of an agency, or an up-to-date summary of those affairs, that was due by 30 June 2010 is, if that statement or summary was not published on or before that date, extended until 30 July 2010. However, any such statement or summary is not required to be published if the agency adopts its publication guide under section 20 of the Act before 30 July 2010.
(2A) Application of relevant 2014 amendments If an access application has been made (but not finally determined) immediately before the commencement of a relevant 2014 amendment and the agency that received the application ceases to be responsible for the application as a consequence of the amendment, that agency is taken to be the agency responsible for the application if the agency is satisfied that it is the most appropriate agency to deal with the application.
(2B)  Section 45 (2) of the Act does not apply in relation to an agency-initiated transfer if:
(a)  the access application in respect of the transfer was made (but not finally determined) immediately before the commencement of a relevant 2014 amendment, and
(b)  the agency that received the access application ceased to be responsible for the application as a consequence of the amendment, and
(c)  the agency that received the access application transfers the application to the agency that is responsible for the application as a consequence of the amendment by an agency-initiated transfer.
(3)  In this clause:
FOI Act means the Freedom of Information Act 1989 as in force immediately before its repeal.
relevant 2014 amendment means an amendment made by the Government Information (Public Access) Amendment Regulation 2014.