Freedom of information
Under the Administrative Arrangements Order of 3 December 2007, responsibility for privacy and freedom of information, including administration of the Privacy Act 1988 and the Freedom of Information Act 1982, was transferred from the Attorney-General’s portfolio to the portfolio of the Prime Minister and Cabinet. Administrative arrangements are currently being settled for the transfer of the Information Law Branch of the Attorney-General’s Department to the Department of the Prime Minister and Cabinet.
Responsibility for e-commerce and the Electronic Transactions Act 1999 has been transferred within the Attorney-General’s Department to the Copyright Law Branch. Responsibility for parliamentary privilege has been transferred to the Constitutional Policy Unit. Information on those topics can be found elsewhere on the www.ag.gov.au website.
The privacy and freedom of information pages on this website are no longer being maintained and it is expected that their content will be updated and transferred to the website of the Department of the Prime Minister and Cabinet in the near future.
The Freedom of Information Act 1982 (FOI Act) came into effect on 1 December 1982. It extends the right of every person to access to information in the possession of the Government of the Commonwealth and its authorities in two ways:
a. it requires Commonwealth agencies (Departments and authorities) to publish information about their operations and powers affecting members of the public as well as their manuals and other documents used in making decisions and recommendations affecting the public; and
b. it requires agencies to provide access to documents in their possession unless the document is within an exception or exemption specified in the legislation.
Access to all documents in the possession of the Government is not possible as confidentiality must be maintained where it is necessary for the protection of essential public interests and the private and business affairs of persons and organisations in respect of whom information is collected.
The FOI Act is not a code. It does not prevent or discourage the giving of access to any exempt document to which access can lawfully be given other than under the FOI Act. It is a minimum not a maximum standard.
Contact
- Australian Government FOI Contact Officers
- State and Territory FOI Contact Officers
- Attorney-General's Department FOI Contact Officers
Related reports
- Scrutinising government: administration of the Freedom of Information Act 1982 in Australian Government agencies
Commonwealth Ombudsman (2006) - Administration of freedom of information requests
Australian National Audit Office (2004) - Inquiry into the Freedom of Information Amendment (Open Government) Bill 2000
The Parliament of the Commonwealth of Australia, Senate Legal and Constitutional Legislation Committee (2001) - Needs to know: own motion investigation into the administration of the Freedom of Information Act 1982 in Commonwealth agencies
Commonwealth Ombudsman (1999) - The contracting out of government services
Administrative Review Council (1998) - Open government: a review of the federal Freedom of Information Act 1982
Australian Law Reform Commission, Administrative Review Council (1995)
