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Information Publication Scheme

Subsection 8(2) of the Freedom of Information Act 1982 requires agencies to publish certain information on their websites. ‘Publish’ can include a statement that the information exists along with details of how it can be obtained. The information required by subsection 8(2) to be published by this department is as follows:

Section 8 plan

Section 8 of the Freedom of Information Act 1982 (the Act) provides as follows:

8 (1) An agency must prepare a plan showing the following:

  • what information the agency proposes to publish for the purposes of the Part
  • how, and to whom, the agency proposes to publish information for the purposes of this Part
  • how the agency otherwise proposes to comply with this Part.’

Information to be published

The Attorney-General’s Department (the department) proposes to publish, for the purposes of this Part, the following information:

  • this plan
  • details of the structure of the department’s organisation
  • details of the functions of the department, including its decision making powers and other powers affecting members of the public
  • details of appointments of officers of the department that are made under Acts (other than APS employees)
  • information in the department’s annual report
  • details of arrangements for members of the public to comment on specific policy proposals for which the department is responsible, including how, and to whom, those comments may be made
  • information in documents to which the department routinely gives access in response to requests under Part III of the Act except:
  • personal information about any individual the publishing of which would be unreasonable
  • information about the business, commercial, financial or professional affairs of any person the publishing of which would be unreasonable
  • other information of a kind determined by the Information Commissioner the publishing of which would be unreasonable
  • information held by the department that is routinely provided to the Parliament in response to requests and orders from the Parliament
  • the contact details of an officer who can be contacted about access to information and documents held by the department
  • the department’s ‘operational information’ – that is, information held by the department for the purpose of performing or exercising its functions or powers in making decisions or recommendations affecting members of the public or a particular person or entity, or classes of persons or entities (for example, departmental rules, guidelines, practices and precedents relating to those decisions and recommendations).

How, and to whom, the information will be published

How

The above information will be published on the department’s website. In accordance with the requirements of subsection 8D (3) of the Act, the information will be published by:

  • making it available for downloading from the website (where practicable to do so)
  • publishing on the website a link to another website from which the information can be downloaded, or
  • publishing on the website other details of how the information may be obtained – for instance, the name and contact details of relevant departmental officers from whom the information or document can be obtained.

To whom

The above information will be published to members of the public generally and, where the department considers it appropriate to do so, to particular classes of persons or entities.

How the department proposes to otherwise comply with the requirements of Part II of the Act

The department intends to comply with the other requirements of Part II as follows:

  • An FOI contact officer will be appointed for each Division of the department. Those officers will be responsible for publishing (after the agreement of their respective Division Heads and the FOI and Privacy Section has been obtained), the above information and documents held by their Divisions and then ensuring that the information and documents remain accurate and up to date. They will also be responsible for ensuring that all the other requirements of Part II of the Act are complied with.
  • Officers in the FOI and Privacy Section will provide final clearance of material to be published. They will also be available to provide advice to the Divisional contact officers on the requirements of Part II, including:
  • advice as to what information and documents should and should not be published; and
  • the circumstances in which charges may be levied and how they should be calculated and published.
  • The contact officers will ensure that all relevant guidelines issued by the Information Commissioner under section 93A of the Act are complied with.
  • In performing a function or exercising a power under Part II of the Act, the department will also have regard to the objects of the Act as set out in sections 3 and 3A.
  • The department will cooperate with the regular reviews of the department’s handling of the publication scheme which will be carried out by the Information Commissioner.
  • The department will ensure that, if some of its ‘operational information’ in relation to a function or power of the department has not been published on its website and a person engages in conduct relevant to the performance of the function or exercise of the power and, at the time of engaging in that conduct the person was not aware of the unpublished information, the person will not be subjected to any prejudice by reason only of the application of any rule, guideline or practice in the unpublished information if the person could have avoided that prejudice had he or she been aware of the unpublished information.

Structure of the department

Functions of the department

Details of appointments of officers of the department made under Acts (other than APS employees)
There are no appointments.

Annual reports prepared by the department

Annual reports published by the department

Details of arrangements for members of the public to comment on specific policy proposals for which the department is responsible (including how and to whom those comment may be made)

Other committees

  • The Risk Management Working Group on Chemical Security
  • The Chemical Security Risk Assessment Technical Working Group
  • Aviation Security Advisory Forum
  • Aviation Security Identification Card Working Group
  • Maritime Industry Consultative Forum
  • Maritime Security Identification Card Working Group
  • AusCheck Consultative Committee
  • Business-Government Advisory Group on National Security
  • Critical Infrastructure Advisory Council and associated sub-committees
  • National Critical Infrastructure Resilience Committee
  • National Emergency Management Committee and its sub-committees and reference groups

The department also regularly calls for comments and input from the public on various policy proposals by means of requests posted on its website.

Information in documents to which the department routinely give access in response to FOI requests made to it

The department does not routinely or regularly give access to any particular type or class of information.

Information routinely provided by the department to Parliament in response to requests or orders from the Parliament

Six monthly responses to the 'Murray Motion' - list of department contracts with value greater than $100 000.

Lists of titles of files created by AGD are posted on the AGD website twice a year.

The department's operational information

  • Ex Gratia Disaster Assistance for Eligible New Zealand Non-Protected Special Category Visa Holders Affected by Flooding in Queensland, New South Wales and Victoria in early 2012
  • Operational Instructions for Australian Government Disaster Recovery Payment to People Adversely Affected by the Western Queensland Floods
  • Operational Instructions for Australian Government Disaster Recovery Payment to People Adversely Affected by the Northern New South Wales Floods
  • Operational Instructions for Australian Government Disaster Recovery Payment to People Adversely Affected by the Southern New South Wales Floods
  • Operational Instructions for Australian Government Disaster Recovery Payment to People Adversely Affected by Victorian Floods
  • Guidelines on the Provision of Financial Assistance by the Attorney-General under the Native Title Act 1993
  • Guidelines for the Provision of Assistance by the Commonwealth for Legal and Related expenses under the Commonwealth Public Interest and Test Cases Scheme
  • Guidelines – Special Circumstances Scheme for ‘Act of Grace’ Payments
  • Guidelines – Special Circumstances (Overseas) Scheme (for the non-statutory Scheme of funding for Australian citizens facing serious criminal charges overseas)
  • Guidelines for the Provision of Legal or Financial Assistance by the Commonwealth (for all financial assistance schemes for which there are no specific guidelines)
  • Guidelines for the Provision of Financial Assistance by the Commonwealth under Part XII of the Industrial Relations Act 1988 (now Fair Work Act 2009, section 324)
  • Rules relating to the Assessment of Costs in Native Title Matters (relating to invoices submitted pursuant to grants approved under section 213A of the Native Title Act 1993)
  • Indigenous Test Case Guidelines December 2008 (for prospective grants program applicants)
  • Expensive Indigenous Case Funding Guidelines
  • Indigenous Legal Aid and Policy Reform Program Guidelines 2010-11
  • Native Title Anthropologist Grants Program Guidelines
  • Family Violence Prevention Legal Service program guidelines 2010-11
  • Program Guidelines for stakeholders of the Community Legal Services Program (CCLSP)
  • National Partnership Agreement (between the States and Territories and the Australian Government) on Legal Assistance Services
  • Indigenous Justice Program guidelines
  • Indigenous Justice Program service delivery standards
  • Indigenous Justice Program self-audit report templates
  • Closing the Gap in the Northern Territory National Partnership Agreement (agreement between the Commonwealth and Northern Territory Governments for the continuation of a number of measures commenced in 2007 under the Northern Territory Emergency Response, until 30 June 2012)
  • Operational Framework for Night Patrol Services in the Northern Territory
  • Operational guidelines around the small grants program ‘Human Rights Framework – Community Education Grants Program’
  • Fact sheets on Firearm Import tests
  • Firearms Import permit processing manual
  • Commonwealth Fraud Guidelines
  • Various Grant Program Guidelines such as the Guidelines for the Secure Schools Program
  • Guidelines on seeking to be prescribed as a ‘key cultural institution’ under the Copyright Act 1968
  • Draft letter for applying for a declaration by the Attorney-General as an institution assisting persons with a disability
  • Guidelines for declaring collecting societies under the Copyright Act 1968
  • Statement of IP Principles for Australian Government Agencies
  • Criteria to be addressed for reviews seeking additional exceptions under the technological protection measures scheme in the Copyright Act 1968
  • Guidelines for the Building Community Resilience Grants program and the Building Community Resilience Youth Mentoring Grants program
  • Administrative Law Policy Guide (setting out the policy framework followed in providing administrative law policy advice to government agencies developing policy proposals, legislation and decision making guidelines)
  • Applicant Guidelines for a grant under the Grants to Australian Organisation Program
  • Information relating to the administration of the Australian Government Marriage Celebrants Program
  • Information relating to the department’s responsibilities and functions as the Australian Central Authority for intercountry adoption.
  • Flowchart depicting current procedure for incoming extradition requests under the Extradition Act 1988
  • Flowchart depicting current procedure for incoming extradition requests from New Zealand under the Extradition Act 1988
  • Flowchart depicting current procedure for outgoing extradition requests
  • Flowchart depicting current procedure for outgoing extradition requests to New Zealand under the Extradition Act 1988
  • International Transfer of Prisoners Statement of Policy, outlining the Australian Government policies that guide the assessment of applications for transfer.
  • Flowcharts depicting the incoming and outgoing processes for International Transfers of Prisoners
  • Frequently asked questions on specific details of International Transfers of Prisoners to and from Australia
Copies of any of the documents listed above may be obtained by contacting the department’s FOI and Privacy Section at foi@ag.gov.au .