Commonwealth: Freedom of Information Act 1982 (Cth)

Freedom of Information Act 1982 No. 3, 1982 Compilation No. 119 Compilation date: 21 February 2025 Includes amendments: Act No. 14, 2025 About this compilation This compilation This is a compilation of the Freedom of Information Act 1982 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 3 Objects—general 3A Objects—information or documents otherwise accessible 4 Interpretation 4A Certain legislation relating to Australian Capital Territory not to be enactment 5 Act to apply to courts in respect of administrative matters 6 Act to apply to certain tribunals in respect of administrative matters 6A Official Secretary to the Governor‑General 6C Requirement for Commonwealth contracts 7 Exemption of certain persons and bodies Part II—Information publication scheme Division 1—Guide to this Part 7A Information publication scheme—guide Division 2—Information to be published 8 Information to be published—what information? 8A Information to be published—what is operational information? 8B Information to be published—accuracy etc. 8C Information to be published—restrictions 8D Information to be published—how (and to whom) information is to be published 8E Information to be published—Information Commissioner to assist agencies Division 3—Review of information publication scheme 8F Review of scheme—Information Commissioner functions 9 Review of scheme—by agencies Division 4—Guidelines 9A Functions and powers under this Part Division 5—Miscellaneous 10 Unpublished operational information 10A Who performs functions etc. given to agencies 10B Transitional—Norfolk Island authorities Part III—Access to documents 11 Right of access 11A Access to documents on request 11B Public interest exemptions—factors 11C Publication of information in accessed documents 12 Part not to apply to certain documents 13 Documents in certain institutions 15 Requests for access 15AA Extension of time with agreement 15AB Extension of time for complex or voluminous requests 15AC Decision not made on request within time—deemed refusal 15A Request for access to personnel records 16 Transfer of requests 16A Requests transferred from the ACT 17 Requests involving use of computers etc. 20 Forms of access 21 Deferment of access 22 Access to edited copies with exempt or irrelevant matter deleted 23 Decisions to be made by authorised persons 24 Power to refuse request—diversion of resources etc. 24AA When does a practical refusal reason exist? 24AB What is a request consultation process? 24A Requests may be refused if documents cannot be found, do not exist or have not been received 25 Information as to existence of certain documents 26 Reasons and other particulars of decisions to be given 26A Consultation—documents affecting Commonwealth‑State relations etc. 27 Consultation—business documents 27A Consultation—documents affecting personal privacy 29 Charges 31 Decision to impose charge—extended period for processing request Part IV—Exempt documents Division 1—Preliminary 31A Access to exempt and conditionally exempt documents 31B Exempt documents for the purposes of this Part 32 Interpretation Division 2—Exemptions 33 Documents affecting national security, defence or international relations 34 Cabinet documents 37 Documents affecting enforcement of law and protection of public safety 38 Documents to which secrecy provisions of enactments apply 42 Documents subject to legal professional privilege 45 Documents containing material obtained in confidence 45A Parliamentary Budget Office documents 46 Documents disclosure of which would be contempt of Parliament or contempt of court 47 Documents disclosing trade secrets or commercially valuable information 47A Electoral rolls and related documents Division 3—Public interest conditional exemptions 47B Public interest conditional exemptions—Commonwealth‑State relations etc. 47C Public interest conditional exemptions—deliberative processes 47D Public interest conditional exemptions—financial or property interests of the Commonwealth 47E Public interest conditional exemptions—certain operations of agencies 47F Public interest conditional exemptions—personal privacy 47G Public interest conditional exemptions—business 47H Public interest conditional exemptions—research 47J Public interest conditional exemptions—the economy Part V—Amendment and annotation of personal records 48 Application for amendment or annotation of personal records 49 Requirements of an application for amendment 50 Amendment of records 51 Annotations of records etc. following unsuccessful applications for amendments of records 51A Requirements of an application for annotation 51B Annotation of records 51C Transfer of requests 51D Notification etc. of a decision under this Part 51DA Decision not made on request for amendment or annotation within time—deemed refusal 51E Comments on annotations Part VI—Internal review of decisions 52 Internal review of decisions—guide 53 Interpretation 53A What is an access refusal decision? 53B What is an access grant decision? 53C Internal review—who is an affected third party? 54 Internal review—access refusal decision 54A Internal review—access grant decision 54B Internal review—application for review 54C Internal review—decision on internal review 54D Internal review—deemed affirmation of original decision 54E Internal review—decisions to which this Part does not apply Part VII—Review by Information Commissioner Division 1—Guide to this Part 54F Review by the Information Commissioner—guide Division 2—Key concepts 54G Key concepts—what is an IC review? 54H Key concepts—what is an IC review application? 54J Key concepts—who is an IC review applicant? 54K Key concepts—what is an IC reviewable decision? Division 3—IC reviewable decisions 54L IC reviewable decisions—access refusal decisions 54M IC reviewable decisions—access grant decisions Division 4—IC review applications Subdivision A—Making an application 54N IC review applications—application 54P IC review applications—requirement to notify affected third parties 54Q IC review applications—circumstances in which not giving notice is appropriate 54R IC review applications—withdrawal Subdivision B—Time limits 54S IC review applications—time limits 54T IC review applications—extension of time Division 5—Decision to review 54U Decision to review—interpretation 54V Decision to review—preliminary inquiries 54W Decision to review—discretion not to review 54X Decision to review—notice requirement if discretion not to review exercised 54Y Decision to review—actual decisions made after IC review has commenced Division 6—Procedure in IC review 54Z Procedure in IC review—general notice requirement 55 Procedure in IC review—general 55A Procedure in IC review—parties to proceeding 55B Procedure in IC review—application for hearing 55C Procedure in IC review—representation 55D Procedure in IC review—onus 55DA Decision‑maker must assist Information Commissioner 55E Procedure in IC review—inadequate reasons from decision maker 55F Procedure in IC review—review parties reach agreement 55G Procedure in IC review—revocation or variation of access refusal decision 55H Procedure in IC review—reference of questions of law to Federal Court of Australia 55J Procedure in IC review—sending of documents to, and disclosure of documents by, the Federal Court of Australia Division 7—Decision on IC review 55K Decision on IC review—decision of Information Commissioner 55L Decision on IC review—no power to give access to exempt documents 55M Decision on IC review—limitation on amending records 55N Decision on IC review—obligation to comply with decision 55P Decision on IC review—enforcement of decision against agency 55Q Decision on IC review—correction of errors Division 8—Information gathering powers 55R Information gathering powers—obliging production of information and documents 55S Information gathering powers—dealings with documents 55T Information gathering powers—production of exempt documents generally 55U Information gathering powers—production of national security, Cabinet or Parliamentary Budget Office documents 55V Information gathering powers—further searches for a document 55W Information gathering powers—obliging persons to appear 55X Information gathering powers—administration of oath or affirmation 55Y Information gathering powers—no loss of legal professional privilege 55Z Information gathering powers—protection from liability Division 9—Evidence by Inspector‑General of Intelligence and Security 55ZA Evidence by Inspector‑General of Intelligence and Security—scope 55ZB Evidence by Inspector‑General of Intelligence and Security—request to give evidence 55ZC Evidence by Inspector‑General of Intelligence and Security—compliance with request 55ZD Evidence by Inspector‑General of Intelligence and Security—procedural matters Division 10—Appeals 56 Appeals—appeals to Federal Court of Australia on questions of law 56A Appeals—Federal Court of Australia may make findings of fact Part VIIA—Review by the Tribunal Division 1—Guide to this Part 57 Review by the Tribunal—guide Division 2—Tribunal reviewable decisions 57A Tribunal reviewable decisions—which decisions are reviewable? Division 3—Powers of Tribunal 58 Powers of Tribunal 58A Powers of Tribunal—requiring further searches 58AA Powers of Tribunal—limitation on amending records Division 4—Procedure in Tribunal 58E Production to the Tribunal of certain exempt documents 60 Procedure in Tribunal—parties 60AA Procedure in Tribunal—requirement to notify affected third parties 60AB Procedure in Tribunal—circumstances in which not giving notice is appropriate 60A Inspector‑General of Intelligence and Security must be requested to give evidence in certain proceedings 61 Onus 61A Modification of the Administrative Review Tribunal Act 2024 62 Application of section 268 of Administrative Review Tribunal Act etc. Division 5—Protection of information in Tribunal 63 Tribunal to ensure non‑disclosure of certain matters 64 Production of exempt documents Division 6—Recommendations as to costs 66 Tribunal may make recommendation that costs be available in certain circumstances Division 7—Automatic stay of certain decisions 67 Automatic stay of certain decisions on appeal Part VIIB—Investigations and complaints Division 1—Guide to this Part 68 Investigations and complaints—guide Division 2—Information Commissioner investigations Subdivision A—Power to investigate 69 Information Commissioner investigations—power to investigate Subdivision B—Making complaints 70 Information Commissioner investigations—making complaints Subdivision C—Decision to investigate 71 Information Commissioner investigations—interpretation 72 Information Commissioner investigations—preliminary inquiries 73 Information Commissioner investigations—discretion not to investigate 74 Information Commissioner investigations—transfer to Ombudsman 75 Information Commissioner investigations—notice requirements Subdivision D—Investigation procedure 76 Information Commissioner investigations—conduct of investigation 77 Information Commissioner investigations—general power to enter premises 78 Information Commissioner investigations—places for which approval required before entry 79 Information Commissioner investigations—obliging production of information and documents 80 Information Commissioner investigations—dealings with documents 81 Information Commissioner investigations—exempt documents 82 Information Commissioner investigations—obliging persons to appear 83 Information Commissioner investigations—administration of oath or affirmation 84 Information Commissioner investigations—no loss of legal professional privilege 85 Information Commissioner investigations—protection from liability Subdivision E—Outcome of investigation 86 Information Commissioner investigations—notice on completion 87 Information Commissioner investigations—what are the investigation results? 88 Information Commissioner investigations—what are the investigation recommendations? 89 Information Commissioner investigations—failure to implement investigation recommendation 89A Information Commissioner investigations—failure to take action in response to implementation notice 89B Information Commissioner investigations—requirements for report 89C Information Commissioner investigations—ensuring non‑disclosure of certain matters 89D Information Commissioner investigations—limitation on amending records 89E Information Commissioner investigations—protection from civil action Division 3—Complaints to Ombudsman 89F Complaints to Ombudsman—powers not affected 89G Complaints to Ombudsman—report must not contain certain information 89H Complaints to Ombudsman—certain rights not affected by certificates 89J Complaints to Ombudsman—limitation on amending records in reports under the Ombudsman Act 1976 Part VIII—Miscellaneous Division 1—Vexatious applicants 89K Vexatious applicants—declaration 89L Vexatious applicants—grounds for declaration 89M Vexatious applicants—effect of declaration 89N Vexatious applicants—review by Tribunal Division 2—General 89P Staff to hold appropriate security clearance 90 Protection against civil liability—general 91 Protection against civil liability—particular situations 92 Protection against criminal liability 93 Agencies to provide information to Information Commissioner 93A Guidelines 93B Review of operation of Act 94 Regulations Schedule 1—Courts and tribunals exempt in respect of non‑administrative matters Schedule 2 Part I—Exempt agencies Division 1 Division 2 Part II—Agencies exempt in respect of particular documents Division 1 Division 2 Part III—Legislation relating to agencies exempt in respect of documents in relation to their commercial activities Schedule 3—Secrecy provisions Schedule 4—Research institutions Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to give to members of the public rights of access to official documents of the Government of the Commonwealth and of its agencies Part I—Preliminary 1 Short title This Act may be cited as the Freedom of Information Act 1982. 2 Commencement The several Parts of this Act shall come into operation on such respective dates as are fixed by Proclamation. 3 Objects—general (1) The objects of this Act are to give the Australian community access to information held by the Government of the Commonwealth, by: (a) requiring agencies to publish the information; and (b) providing for a right of access to documents. (2) The Parliament intends, by these objects, to promote Australia's representative democracy by contributing towards the following: (a) increasing public participation in Government processes, with a view to promoting better‑informed decision‑making; (b) increasing scrutiny, discussion, comment and review of the Government's activities. (3) The Parliament also intends, by these objects, to increase recognition that information held by the Government is to be managed for public purposes, and is a national resource. (4) The Parliament also intends that functions and powers given by this Act are to be performed and exercised, as far as possible, to facilitate and promote public access to information, promptly and at the lowest reasonable cost. 3A Objects—information or documents otherwise accessible Scope (1) This section applies if a Minister, or an officer of an agency, has the power to publish, or give access to, information or a document (including an exempt document) apart from under this Act. Publication and access powers not limited (2) The Parliament does not intend, by this Act, to limit that power, or to prevent or discourage the exercise of that power: (a) in the case of the power to publish the information or document—despite any restriction on the publication of the information or document under this Act; and (b) in the case of the power to give access to the information or document—whether or not access to the information or document has been requested under section 15. 4 Interpretation (1) In this Act, unless the contrary intention appears: access grant decision has the meaning given by section 53B. access refusal decision has the meaning given by section 53A. ACT enactment means an enactment as defined by section 3 of the Australian Capital Territory (Self‑Government) Act 1988. action, if the action is taken by a person or agency, has the same meaning as in the Ombudsman Act 1976. Note: See subsections 3(2) to (7) of the Ombudsman Act 1976. affected third party has the meaning given by section 53C. agency means a Department, a prescribed authority or a Norfolk Island authority. applicant means a person who has made a request. Australian Geospatial‑Intelligence Organisation means that part of the Department of Defence known as the Australian Geospatial‑Intelligence Organisation. authorised person has the meaning given by section 77. Cabinet includes a committee of the Cabinet. Cabinet notebook means a notebook or other like record that contains notes of discussions or deliberations taking place in a meeting of the Cabinet, if the notes were made in the course of those discussions or deliberations by, or under the authority of, the Secretary to the Cabinet. Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973. Commission of inquiry means: (a) the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); or (b) a Commission of inquiry within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. Commonwealth contract means a contract to which all of the following apply: (a) the Commonwealth or an agency is, or was, a party to the contract; (b) under the contract, services are, or were, to be provided: (i) by another party; and (ii) for or on behalf of an agency; and (iii) to a person who is not the Commonwealth or an agency; (c) the services are in connection with the performance of the functions, or the exercise of the powers, of an agency. complainant has the meaning given by subsection 70(1). conditionally exempt: a document is conditionally exempt if Division 3 of Part IV (public interest conditional exemptions) applies to the document. Note: Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A). contracted service provider, for a Commonwealth contract, means an entity that is, or was: (a) a party to the Commonwealth contract; and (b) responsible for the provision of services under the Commonwealth contract. defence intelligence document has the meaning given by paragraph 7(2C)(a). Defence Intelligence Organisation means that part of the Department of Defence known as the Defence Intelligence Organisation. Department means a Department of the Australian Public Service that corresponds to a Department of State of the Commonwealth. document includes: (a) any of, or any part of any of, the following things: (i) any paper or other material on which there is writing; (ii) a map, plan, drawing or photograph; (iii) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; (iv) any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device; (v) any article on which information has been stored or recorded, either mechanically or electronically; (vi) any other record of information; or (b) any copy, reproduction or duplicate of such a thing; or (c) any part of such a copy, reproduction or duplicate; but does not include: (d) material maintained for reference purposes that is otherwise publicly available; or (e) Cabinet notebooks. document of an agency: a document is a document of an agency if: (a) the document is in the possession of the agency, whether created in the agency or received in the agency; or (b) in order to comply with section 6C, the agency has taken contractual measures to ensure that it receives the document. edited copy has the meaning given by section 22 (access to edited copies with exempt or irrelevant matter deleted). electronic communication has the same meaning as in the Electronic Transactions Act 1999. enactment means, subject to section 4A: (a) an Act; (b) an Ordinance of the Australian Capital Territory; or (c) an instrument (including rules, regulations or by‑laws) made under an Act or under such an Ordinance and includes an enactment as amended by another enactment. engage in conduct means: (a) do an act; or (b) omit to do an act. exempt content‑service document means: (a) a document containing content, or a record of content (within the meaning of Schedule 7 to the Broadcasting Services Act 1992), that: (i) has been delivered by, or accessed using, a content service (within the meaning of that Schedule); and (ii) was offensive content‑service content when it was delivered by, or accessed using, that content service; or (b) a document that sets out how to access, or that is likely to facilitate access to, offensive content‑service content (for example, by setting out the name of a website, an IP address, a URL or a password). exempt document means: (a) a document that is exempt for the purposes of Part IV (exempt documents) (see section 31B); or (b) a document in respect of which, by virtue of section 7, an agency, person or body is exempt from the operation of this Act; or (c) an official document of a Minister that contains some matter that does not relate to the affairs of an agency or of a Department of State. exempt internet‑content document means: (a) a document containing information (within the meaning of Schedule 5 to the Broadcasting Services Act 1992, as in force before the commencement of the Online Safety Act 2021) that: (i) has been copied from the internet; and (ii) was offensive internet content when it was accessible on the internet; or (b) a document that sets out how to access, or that is likely to facilitate access to, offensive internet content (for example: by setting out the name of a website, an IP address, a URL, a password, or the name of a newsgroup). exempt matter means matter the inclusion of which in a document causes the document to be an exempt document. exempt online content scheme document means: (a) a document containing material (within the meaning of the Online Safety Act 2021), or a record of material (within the meaning of that Act), that is online content scheme material; or (b) a document that sets out how to access, or that is likely to facilitate access to, material (within the meaning of the Online Safety Act 2021) that is online content scheme material (for example, by setting out the name of a website, an IP address, a URL or a password). Human Services Department means Services Australia. IC review has the meaning given by section 54G. IC reviewable decision has the meaning given by section 54K. IC review applicant has the meaning given by section 54J. IC review application has the meaning given by section 54H. implementation notice has the meaning given by section 89. Independent Review means the Independent Review into the workplaces of Parliamentarians and their staff conducted under the Australian Human Rights Commission Act 1986 by the Sex Discrimination Commissioner (within the meaning of that Act). Note: The Independent Review commenced in 2021. Information Commissioner has the meaning given by the Australian Information Commissioner Act 2010. intelligence agency document has the meaning given by paragraph 7(2A)(a). internal review has the meaning given by sections 54 and 54A. internal review applicant has the meaning given by section 54B. investigation recommendations has the meaning given by section 88. investigation results has the meaning given by section 87. NBN Co means NBN Co Limited (ACN 136 533 741), as the company exists from time to time (even if its name is later changed). Norfolk Island authority means any of the following bodies or persons, other than a body or person prescribed by the regulations for the purposes of subsection 7(2AB): (a) a body (whether incorporated or not) established for a public purpose by or under a Norfolk Island law, other than a law providing for the incorporation of associations or companies; (b) a person holding or performing the duties of: (i) an office established by or under a Norfolk Island law; or (ii) an appointment made under a Norfolk Island law. Norfolk Island law means a law in force in the Territory of Norfolk Island other than: (a) an Act; or (b) an instrument made under an Act. offensive content‑service content means content (within the meaning of Schedule 7 to the Broadcasting Services Act 1992) that is: (a) delivered by, or accessed using, a content service (within the meaning of that Schedule); and (b) either: (i) prohibited content (within the meaning of that Schedule, as in force before the commencement of the Online Safety Act 2021); or (ii) potential prohibited content (within the meaning of that Schedule, as in force before the commencement of the Online Safety Act 2021). offensive internet content means internet content (within the meaning of Schedule 5 to the Broadcasting Services Act 1992, as in force before the commencement of the Online Safety Act 2021) that is: (a) prohibited content (within the meaning of Schedule 5 to that Act as in force before the commencement of Schedule 7 to that Act); or (b) potential prohibited content (within the meaning of Schedule 5 to that Act as in force before the commencement of Schedule 7 to that Act). officer, in relation to an agency, includes a member of the agency or a member of the staff of the agency. official document of a Minister or official document of the Minister means a document that is in the possession of a Minister, or that is in the possession of the Minister concerned, as the case requires, in his or her capacity as a Minister, being a document that relates to the affairs of an agency or of a Department of State and, for the purposes of this definition, a Minister shall be deemed to be in possession of a document that has passed from his or her possession if he or she is entitled to access to the document and the document is not a document of an agency. Ombudsman means the Commonwealth Ombudsman. online content scheme material means material that: (a) has been provided on a social media service, relevant electronic service or designated internet service (within the meaning of the Online Safety Act 2021); and (b) was: (i) class 1 material (within the meaning of the Online Safety Act 2021); or (ii) class 2 material (within the meaning of the Online Safety Act 2021) that is covered by paragraph 107(1)(a), (b), (c), (d) or (e) of that Act; when it was provided on the service. operational information has the meaning given by section 8A. Ordinance, in relation to the Australian Capital Territory, includes a law of a State that applies, or the provisions of a law of a State that apply, in the Territory by virtue of an enactment (other than a law that is, or provisions that are an ACT enactment). Parliamentary Budget Office has the same meaning as in the Parliamentary Service Act 1999. Parliamentary Budget Officer has the same meaning as in the Parliamentary Service Act 1999. personal information has the same meaning as in the Privacy Act 1988. practical refusal reason has the meaning given by section 24AA. prescribed authority means: (a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment or an Order‑in‑Council, other than: (i) an incorporated company or association; or (ii) a body that, under subsection (2), is not to be taken to be a prescribed authority for the purposes of this Act; or (iii) the Australian Capital Territory House of Assembly; or (iv) the Legislative Assembly of the Northern Territory or the Executive Council of the Northern Territory; or (vi) a Royal Commission; or (vii) a Commission of inquiry; or (aa) NBN Co; or (b) any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being: (i) a body established by the Governor‑General or by a Minister; or (ii) an incorporated company or association over which the Commonwealth is in a position to exercise control; or (c) subject to subsection (3), the person holding, or performing the duties of, an office established by an enactment or an Order‑in‑Council; or (d) the person holding, or performing the duties of, an appointment declared by the regulations to be an appointment the holder of which is a prescribed authority for the purposes of this Act, being an appointment made by the Governor‑General, or by a Minister, otherwise than under an enactment or an Order‑in‑Council. principal officer means: (a) in relation to a Department—the person holding, or performing the duties of, the office of Secretary of the Department; or (b) in relation to a prescribed authority: (i) if the regulations declare an office to be the principal office of the authority—the person holding, or performing the duties of, that office; (ii) if the authority is an Agency (within the meaning of the Public Service Act 1999) other than a Department and subparagraph (i) does not apply—the Agency Head (within the meaning of the Public Service Act 1999) of the authority; (iii) if neither subparagraph (i) nor (ii) applies—the person responsible for the day‑to‑day management of the authority; (iv) if the authority is constituted by one person and none of subparagraphs (i) to (iii) applies—that person; (v) if the authority is constituted by 2 or more persons and none of subparagraphs (i) to (iv) applies—the person who is entitled to preside at any meeting of the authority at which he or she is present; or (c) in relation to a Norfolk Island authority—the person responsible for the day‑to‑day management of the authority. request means an application made under subsection 15(1). request consultation process has the meaning given by section 24AB. respondent agency has the meaning given by subsections 69(2) and 70(2). responsible Minister means: (a) in relation to a Department—the Minister administering the relevant Department of State; or (b) in relation to a prescribed authority referred to in paragraph (a) of the definition of prescribed authority—the Minister administering the part of the enactment by which, or in accordance with the provisions of which, the prescribed authority is established; or (ba) in relation to the prescribed authority referred to in paragraph (aa) of that definition—the Minister administering the National Broadband Network Companies Act 2011; or (c) in relation to a prescribed authority referred to in paragraph (c) of that definition—the Minister administering the part of the enactment by which the office is established; or (d) in relation to any other prescribed authority—the Minister declared by the regulations to be the responsible Minister in respect of that authority; or (e) in relation to a Norfolk Island authority—the Minister administering the Norfolk Island Act 1979; or another Minister acting for and on behalf of that Minister. review parties has the meaning given by section 55A. run out: all of a person's opportunities for review or appeal in relation to an access grant decision have run out when: (a) the latest time for applying for an internal review or an IC review in relation to the decision has ended, if the person has not applied for either review; or (b) if the person has applied for an internal review in relation to the decision: (i) the internal review is concluded; and (ii) the time for applying for an IC review of the decision on internal review has ended, if the person has not applied for the IC review; or (c) if the person has applied for an IC review in relation to the decision: (i) proceedings in relation to the IC review are concluded; and (ii) the time for applying to the Tribunal for a review in relation to the decision has ended, if the person has not applied for such a review; and (iii) the time for instituting an appeal to the Federal Court in relation to the IC review has ended (with no appeal instituted), or, if an appeal has been instituted, all proceedings in relation to the appeal have been concluded; or (d) if the person has applied to the Tribunal for a review in relation to the decision: (i) proceedings in relation to the review are concluded; and (ii) the time for instituting an appeal to the Federal Court in relation to the review by the Tribunal has ended (with no appeal instituted), or, if an appeal has been instituted, all proceedings in relation to the appeal have been concluded. Note: The time for applying for a review of a decision may be extended in certain circumstances (see sections 54B and 54T). State includes the Australian Capital Territory and the Northern Territory. subcontractor, for a Commonwealth contract, means an entity: (a) that is, or was, a party to a contract (the subcontract): (i) with a contracted service provider for the Commonwealth contract; or (ii) with another subcontractor for the Commonwealth contract (under a previous application of this definition); and (b) that is, or was, responsible under the subcontract for the provision of services for the purposes (whether direct or indirect) of the Commonwealth contract. Tribunal means the Administrative Review Tribunal. vexatious applicant declaration has the meaning given by section 89K. (2) An unincorporated body, being a board, council, committee, sub‑committee or other body established by, or in accordance with the provisions of, an enactment for the purpose of assisting, or performing functions connected with, a prescribed authority shall not be taken to be a prescribed authority for the purposes of this Act, but shall be deemed to be comprised within that prescribed authority. (3) A person shall not be taken to be a prescribed authority: (a) by virtue of his or her holding: (i) an office of member of the Legislative Assembly for the Australian Capital Territory; (ii) an office of member of the Legislative Assembly of the Northern Territory or of Administrator or of Minister of the Northern Territory; or (b) by virtue of his or her holding, or performing the duties of: (i) a prescribed office; (ii) an office the duties of which he or she performs as duties of his or her employment as an officer of a Department or as an officer of or under a prescribed authority; (iii) an office of member of a body; or (iv) an office established by an enactment for the purposes of a prescribed authority. (3A) If an unincorporated body consists of a board, council, committee, sub‑committee or other body established by or under a Norfolk Island law for the purpose of assisting, or performing functions connected with, a Norfolk Island authority: (a) the unincorporated body is taken not to be a Norfolk Island authority for the purposes of this Act; and (b) the unincorporated body is taken to be comprised within that Norfolk Island authority. (3B) A person is not taken to be a Norfolk Island authority because he or she holds, or performs the duties of: (a) a prescribed office; or (b) an office the duties of which he or she performs as duties of his or her employment as an officer of a Norfolk Island authority; or (c) an office of member of a Norfolk Island authority; or (d) an office established by a Norfolk Island law for the purposes of a Norfolk Island authority. (4) For the purposes of this Act, the Department of Defence shall be deemed to include: (a) the Defence Force; and (b) the Australian Defence Force Cadets. (5) Without limiting the generality of the expression security of the Commonwealth, that expression shall be taken to extend to: (a) matters relating to the detection, prevention or suppression of activities, whether within Australia or outside Australia, subversive of, or hostile to, the interests of the Commonwealth or of any country allied or associated with the Commonwealth; and (b) the security of any communications system or cryptographic system of the Commonwealth or of another country used for: (i) the defence of the Commonwealth or of any country allied or associated with the Commonwealth; or (ii) the conduct of the international relations of the Commonwealth. (6) Where an agency is abolished, then, for the purposes of this Act: (a) if the functions of the agency are acquired by another agency—any request made to the first‑mentioned agency shall be deemed to have been made to, and any decision made by the first‑mentioned agency in respect of a request made to it shall be deemed to have been made by, the other agency; and (b) if the functions of the agency are acquired by more than one other agency—any request made to the first‑mentioned agency shall be deemed to have been made to, and any decision made by the first‑mentioned agency in respect of a request made to it shall be deemed to have been made by, whichever of those other agencies has acquired the functions of the first‑mentioned agency to which the document the subject of the request most closely relates; and (c) if the documents of the agency are transferred to the care (within the meaning of the Archives Act 1983) of the National Archives of Australia—any request made to the agency shall be deemed to have been made to, and any decision made by the agency in respect of a request made by it shall be deemed to have been made by, the agency to the functions of which the document the subject of the request most closely relates. (7) If the agency to which a request is so deemed to have been made, or by which a decision upon a request is so deemed to have been made, was not itself in existence at the time when the request or decision was deemed so to have been made, then, for the purposes only of dealing with that request or decision under this Act, that agency shall be deemed to have been in existence at that time. (9) For the purposes of the application of the definition of responsible Minister in subsection (1), the reference in that definition to the Minister administering a Department is a reference to the Minister to whom the Department is responsible in respect of the matter in respect of which this Act is being applied. (10) To avoid doubt, information or matter communicated in the way mentioned in paragraph 33(b) includes information or matter so communicated pursuant to any treaty or formal instrument on the reciprocal protection of classified information between the Government of the Commonwealth, or an authority of the Commonwealth, and: (a) a foreign government or an authority of a foreign government; or (b) an international organisation. Note: Section 33 deals with documents affecting national security, defence or international relations. 4A Certain legislation relating to Australian Capital Territory not to be enactment (1) ACT enactments are not enactments. (2) The Australian Capital Territory (Self‑Government) Act 1988 and the Canberra Water Supply (Googong Dam) Act 1974 are not enactments. (3) Part IV, sections 29 and 30, subsection 63(2), section 66 and Division 5 of Part X of the Australian Capital Territory Planning and Land Management Act 1988 are not enactments. (4) Where the whole of an Act or Ordinance is not an enactment, an instrument made under it is not an enactment. (5) Where part of an Act or Ordinance is not an enactment, an instrument made under the Act or Ordinance, as the case may be, is not an enactment unless made for the purposes of the other part of the Act or Ordinance, as the case may be. 5 Act to apply to courts in respect of administrative matters Courts other than courts of Norfolk Island—general (1) For the purposes of this Act: (a) a court (other than a court of Norfolk Island) shall be deemed to be a prescribed authority; (b) the holder of a judicial office (other than a judicial office in a court of Norfolk Island) or other office pertaining to a court (other than a court of Norfolk Island) in his or her capacity as the holder of that office, being an office established by the legislation establishing the court, shall be deemed not to be a prescribed authority and shall not be included in a Department; and (c) a registry or other office of a court (other than a court of Norfolk Island), and the staff of such a registry or other office when acting in a capacity as members of that staff, shall be taken as a part of the court; but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature. Certain documents relating to complaint handling—Federal Court Judges (1A) This Act does not apply to any request for access to a document of a court (other than a court of Norfolk Island) that relates to a complaint handler (or a body consisting of complaint handlers): (a) exercising powers or performing functions under paragraph 15(1AA)(c) and subsection 15(1AAA) of the Federal Court of Australia Act 1976; or (b) assisting in exercising those powers or performing those functions. For this purpose complaint handler has the meaning given by that Act. Certain documents relating to complaint handling—Judges of the Federal Circuit and Family Court of Australia (Division 1) (1B) This Act does not apply to any request for access to a document of a court (other than a court of Norfolk Island) that relates to a complaint handler (or a body consisting of complaint handlers): (a) exercising powers or performing functions under paragraph 47(2)(d) and subsection 48(1) of the Federal Circuit and Family Court of Australia Act 2021; or (b) assisting in exercising those powers or performing those functions. For this purpose complaint handler has the meaning given by that Act. Certain documents relating to complaint handling—Judges of the Federal Circuit and Family Court of Australia (Division 2) (1C) This Act does not apply to any request for access to a document of a court (other than a court of Norfolk Island) that relates to a complaint handler (or a body consisting of complaint handlers): (a) exercising powers or performing functions under paragraph 144(2)(d) and subsection 145(1) of the Federal Circuit and Family Court of Australia Act 2021; or (b) assisting in exercising those powers or performing those functions. For this purpose complaint handler has the meaning given by that Act. Courts of Norfolk Island (2) For the purposes of this Act: (a) a court of Norfolk Island is taken to be a Norfolk Island authority; and (b) if a person is the holder of a judicial office in a court of Norfolk Island—the person, in his or her capacity as the holder of the office, is taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and (c) if: (i) a person is the holder of an office (other than a judicial office) that relates to a court of Norfolk Island; and (ii) the office is established by a Norfolk Island law; the person, in his or her capacity as the holder of the office, is taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and (d) a registry or other office of a court of Norfolk Island, and the staff of such a registry or other office when acting in a capacity as members of that staff, are taken to be a part of the court; but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature. 6 Act to apply to certain tribunals in respect of administrative matters For the purposes of this Act: (a) each tribunal, authority or body specified in Schedule 1 is deemed to be a prescribed authority; (b) the holder of an office pertaining to a tribunal, authority or body specified in Schedule 1, being an office established by the legislation establishing the tribunal, authority or body so specified in his or her capacity as the holder of that office, is not to be taken to be a prescribed authority or to be included in a Department; and (c) a registry or other office of or under the charge of a tribunal, authority or body specified in Schedule 1, and the staff of such a registry or other office when acting in a capacity as members of that staff, shall be taken as a part of the tribunal, authority or body so specified as a prescribed authority; but this Act does not apply to any request for access to a document of a tribunal, authority or body so specified unless the document relates to matters of an administrative nature. 6A Official Secretary to the Governor‑General (1) This Act does not apply to any request for access to a document of the Official Secretary to the Governor‑General unless the document relates to matters of an administrative nature. (2) For the purposes of this Act, a document in the possession of a person employed under section 13 of the Governor‑General Act 1974 that is in his or her possession by reason of his or her employment under that section shall be taken to be in the possession of the Official Secretary to the Governor‑General. 6C Requirement for Commonwealth contracts (1) This section applies to an agency if a service is, or is to be, provided under a Commonwealth contract in connection with the performance of the functions or the exercise of the powers of the agency. (2) The agency must take contractual measures to ensure that the agency receives a document if: (a) the document is created by, or is in the possession of: (i) a contracted service provider for the Commonwealth contract; or (ii) a subcontractor for the Commonwealth contract; and (b) the document relates to the performance of the Commonwealth contract (and not to the entry into that contract); and (c) the agency receives a request for access to the document. 7 Exemption of certain persons and bodies (1) The bodies specified in Division 1 of Part I of Schedule 2, and a person holding and performing the duties of an office specified in that Division, are to be deemed not to be prescribed authorities for the purposes of this Act. (1A) For the purposes of the definition of agency, a part of the Department of Defence specified in Division 2 of Part I of Schedule 2: (a) is taken not to be included in the Department of Defence (or in any other Department) for the purposes of this Act; and (b) to avoid doubt, is not an agency in its own right for the purposes of this Act. (2) The persons, bodies and Departments specified in Part II of Schedule 2 are exempt from the operation of this Act in relation to the documents referred to in that Schedule in relation to them. (2AA) A body corporate established by or under an Act specified in Part III of Schedule 2 is exempt from the operation of this Act in relation to documents in respect of the commercial activities of the body corporate. (2AAA) The following bodies are taken not to be prescribed authorities for the purposes of this Act: (a) the Parliamentary Workplace Support Service; (b) the Parliamentary Workplace Support Service Advisory Board; (c) the Parliamentary Workplace Support Service Consultative Committee; (d) the Independent Parliamentary Standards Commission. (2AB) A body or person may be prescribed by the regulations for the purposes of this subsection if: (a) the body or person would, if not so prescribed, be a Norfolk Island authority; and (b) the Minister is satisfied that the body or person is subject to a law that provides equivalent, or substantially similar, requirements relating to freedom of information as are provided by this Act. (2A) An agency is exempt from the operation of this Act in relation to the following documents: (a) a document (an intelligence agency document) that has originated with, or has been received from, any of the following: (i) the Australian Secret Intelligence Service; (ii) the Australian Security Intelligence Organisation; (iii) the Inspector‑General of Intelligence and Security; (iv) the Office of National Intelligence; (v) the Australian Geospatial‑Intelligence Organisation (other than a document that has originated with, or has been received from, the Australian Hydrographic Office in the performance of its functions under subsection 223(2) of the Navigation Act 2012); (vi) the Defence Intelligence Organisation; (vii) the Australian Signals Directorate (b) a document that contains a summary of, or an extract or information from, an intelligence agency document, to the extent that it contains such a summary, extract or information. Note: The Australian Hydrographic Office is part of the Australian Geospatial‑Intelligence Organisation (see subsection 6B(3) of the Intelligence Services Act 2001). (2B) A Minister is exempt from the operation of this Act in relation to the following documents: (a) an intelligence agency document; (b) a document that contains a summary of, or an extract or information from, an intelligence agency document, to the extent that it contains such a summary, extract or information. (2C) An agency is exempt from the operation of this Act in relation to the following documents: (a) a document (a defence intelligence document) that has originated with, or has been received from, the Department of Defence and that is in respect of: (i) the collection, reporting or analysis of operational intelligence; or (ii) special access programs, under which a foreign government provides restricted access to technologies; (b) a document that contains a summary of, or an extract or information from, a defence intelligence document, to the extent that it contains such a summary, extract or information. (2D) A Minister is exempt from the operation of this Act in relation to the following documents: (a) a defence intelligence document; (b) a document that contains a summary of, or an extract or information from, a defence intelligence document, to the extent that it contains such a summary, extract or information. (2DA) A Minister and an agency are exempt from the operation of this Act in relation to the following documents (regardless of when the documents were brought into existence): (a) a document given to, or received by, the Independent Review, or a person performing functions in relation to the Review, for the purposes of the Review; (b) a document brought into existence by the Independent Review or a person performing functions in relation to the Review. (2DB) A Minister and an agency other than the Australian Human Rights Commission are not exempt under paragraph (2DA)(a) from the operation of this Act in relation to documents created for purposes other than the Independent Review to which a right of access otherwise exists or existed under the Act. (2DC) A Minister and an agency are exempt from the operation of this Act in relation to the following documents (regardless of when the documents were brought into existence): (a) a document given to, or received by, a body listed in subsection (2AAA) in connection with the performance of the body's functions; (b) a document brought into existence by a body listed in subsection (2AAA). (2DD) A Minister and an agency are not exempt under paragraph (2DC)(a) from the operation of this Act in relation to documents created other than in connection with the performance of the functions of a body listed in subsection (2AAA) to which a right of access otherwise exists or existed under this Act. (2E) A Minister and an agency are exempt from the operation of this Act in relation to the following documents: (a) a document that has originated with, or has been received from, a Royal Commission to which Part 4 of the Royal Commissions Act 1902 applies and: (i) that contains information obtained at a private session for the Commission; or (ii) that relates to a private session for the Commission and identifies a natural person who appeared at a private session for the Commission; or (iii) that contains information that was given by a natural person to a member, or member of the staff, of the Commission for the purposes of a private session (whether or not a private session was, or is to be, held for the Commission) and identifies the person who gave the information; or (iv) that contains information to which section 6ON of that Act (which deals with certain information given to the Child Sexual Abuse Royal Commission) applies; or (v) that contains information to which section 6OP of that Act (which deals with certain information given to the Disability Royal Commission) applies; or (vi) that contains information to which section 6OQ of that Act (which deals with certain information given to the Defence and Veteran Suicide Royal Commission) applies; (b) a document that contains a summary of, or an extract or information from, a private session. (2F) An agency that is a data scheme entity within the meaning of the Data Availability and Transparency Act 2022 is exempt from the operation of this Act in relation to a document that contains scheme data within the meaning of that Act, to the extent the document contains such data. (2G) A Minister and an agency are exempt from the operation of this Act in relation to the following documents: (a) a document (an AUSTRAC intelligence document) that has originated with, or has been received from, the Australian Transaction Reports and Analysis Centre (AUSTRAC) and that concerns information that was communicated to AUSTRAC: (i) under section 16 of the repealed Financial Transaction Reports Act 1988; or (ii) under section 41 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; or (iii) in response to a notice given under section 49, 49B or 49C of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; (b) a document that contains a summary of, or an extract or information from, an AUSTRAC intelligence document, to the extent that it contains such a summary, extract or information. (2H) A Minister and an agency are exempt from the operation of this Act in relation to a document given to, or received by, the National Cyber Security Coordinator, for the purposes of the performance of a function, or the exercise of a power, under Part 4 of the Cyber Security Act 2024. (3) In subsection (2AA) and Part II of Schedule 2, commercial activities (except when used in relation to NBN Co) means: (a) activities carried on by an agency on a commercial basis in competition with persons other than governments or authorities of governments; or (b) activities, carried on by an agency, that may reasonably be expected in the foreseeable future to be carried on by the agency on a commercial basis in competition with persons other than governments or authorities of governments. (3A) In Part II of Schedule 2, commercial activities, when used in relation to NBN Co, means: (a) activities carried on by NBN Co on a commercial basis; or (b) activities, carried on by NBN Co, that may reasonably be expected in the foreseeable future to be carried on by NBN Co on a commercial basis. (4) In subsection (2AA) and Part II of Schedule 2, a reference to documents in respect of particular activities shall be read as a reference to documents received or brought into existence in the course of, or for the purposes of, the carrying on of those activities. (5) An expression used in subsection (2E) that is also used in Part 4 of the Royal Commissions Act 1902 has the same meaning as in that Part. Part II—Information publication scheme Division 1—Guide to this Part 7A Information publication scheme—guide This Part establishes an information publication scheme for agencies. Each agency must publish a plan showing how it proposes to implement this Part. An agency must publish a range of information including information about what the agency does and the way it does it, as well as information dealt with or used in the course of its operations, some of which is called operational information. In addition, an agency may publish other information held by the agency. Information published by an agency must be kept accurate, up‑to‑date and complete. An agency is not required to publish exempt matter. An agency is also not required to publish information if prohibited by another enactment. The information (or details of how to access the information) must be published on a website. If there is a charge for accessing the information, the agency must publish details of the charge. An agency must, in conjunction with the Information Commissioner, review the operation of the scheme in the agency every 5 years (if not earlier). An agency must have regard to the objects of this Act, and guidelines issued by the Information Commissioner, in doing anything for the purposes of this Part. If operational information is not published in accordance with this Part, a person must not be subjected to any prejudice as a result of not having access to the information. Division 2—Information to be published 8 Information to be published—what information? Agency plans (1) An agency must prepare a plan showing the following: (a) what information the agency proposes to publish for the purposes of this Part; (b) how, and to whom, the agency proposes to publish information for the purposes of this Part; (c) how the agency otherwise proposes to comply with this Part. Information that must be published (2) The agency must publish the following information: (a) the plan prepared under subsection (1); (b) details of the structure of the agency's organisation (for example, in the form of an organisation chart); (c) as far as practicable, details of the functions of the agency, including its decision‑making powers and other powers affecting members of the public (or any particular person or entity, or class of persons or entities); (d) details of the following appointments: (i) appointments of officers of the agency that are made under Acts (other than APS employees within the meaning of the Public Service Act 1999); (ii) appointments of officers of the agency that are made under Norfolk Island laws (other than appointments of officers providing services at a level equivalent to those provided by APS employees); (e) the information in annual reports prepared by the agency that are laid before the Parliament; (f) details of arrangements for members of the public to comment on specific policy proposals for which the agency is responsible, including how (and to whom) those comments may be made; (g) information in documents to which the agency routinely gives access in response to requests under Part III (access to documents), except information of the following kinds: (i) personal information about any individual, if it would be unreasonable to publish the information; (ii) information about the business, commercial, financial or professional affairs of any person, if it would be unreasonable to publish the information; (iii) other information of a kind determined by the Information Commissioner under subsection (3), if it would be unreasonable to publish the information; (h) information held by the agency that is routinely provided to the Parliament in response to requests and orders from the Parliament; (i) contact details for an officer (or officers) who can be contacted about access to the agency's information or documents under this Act; (j) the agency's operational information (see section 8A). Note: If operational information is not published in accordance with this section, a person must not be subjected to any prejudice as a result (see section 10). (3) The Information Commissioner may, by legislative instrument, make a determination for the purposes of subparagraph (2)(g)(iii). Other information (4) The agency may publish other information held by the agency. Functions and powers (5) This section applies to a function or power of an agency whether or not the agency has the function or power under an enactment or a Norfolk Island law. Note 1: See section 8C for restrictions on the requirement to publish this information. Note 2: The agency must have regard to the objects of this Act and guidelines issued by the Information Commissioner in performing functions, and exercising powers, under this section (see section 9A). 8A Information to be published—what is operational information? (1) An agency's operational information is information held by the agency to assist the agency to perform or exercise the agency's functions or powers in making decisions or recommendations affecting members of the public (or any particular person or entity, or class of persons or entities). Example: The agency's rules, guidelines, practices and precedents relating to those decisions and recommendations. (2) An agency's operational information does not include information that is available to members of the public otherwise than by being published by (or on behalf of) the agency. 8B Information to be published—accuracy etc. An agency must ensure that information published by the agency as required or permitted by this Part is accurate, up‑to‑date and complete. 8C Information to be published—restrictions Exempt documents (1) An agency is not required under this Part to publish exempt matter. Publication prohibited or restricted by other legislation (2) If an enactment, or a Norfolk Island law, restricts or prohibits the publication of particular information, an agency is not required under this Part to publish the information otherwise than as permitted or required by the enactment or law. Operation of restrictions (3) This section applies despite section 8. 8D Information to be published—how (and to whom) information is to be published Scope (1) An agency must publish information that is required or permitted to be published under this Part in accordance with this section. How (and to whom) information is to be published (2) The agency must publish the information: (a) to members of the public generally; and (b) if the agency considers that it is appropriate to do so—to particular classes of persons or entities. (3) The agency must publish the information on a website by: (a) making the information available for downloading from the website; or (b) publishing on the website a link to another website, from which the information can be downloaded; or (c) publishing on the website other details of how the information may be obtained. Charges (4) The agency may impose a charge on a person for accessing the information only if: (a) the person does not directly access the information by downloading it from the website (or another website); and (b) the charge is to reimburse the agency for specific reproduction costs, or other specific incidental costs, incurred in giving the person access to that particular information. (5) If there is a charge for accessing the information, the agency must pu