Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 8

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).