{"id":"a-2016-55","name":"Freedom of Information Act 2016","slug":"freedom-of-information-act-2016","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"55 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23603,"registerId":"act-a-2016-55-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Information disclosure of which is taken to be","content":"Schedule 1 Information disclosure of which is taken to be\ncontrary to the public interest 76\n1.1 Information disclosure of which would be contempt of court or\nLegislative Assembly etc 76\n1.1A Information in possession of a court or tribunal 76\n1.1B Information related to integrity commission matters 77\n1.2 Information subject to legal professional privilege 77\n1.3 Information disclosure of which is prohibited under law 78\n1.4 Sensitive information 78\n1.5 Information in possession of auditor-general 79\n1.6 Cabinet information 79\n1.7 Examinations under Australian Crime Commission (ACT) Act 2003 80\n1.8 Information in possession of human rights commission 80\n1.9 Identities of people making disclosures 80\n1.10 Information relating to requests to cost election commitments 81\n1.11 Information in electoral rolls and related documents 81\n1.12 Information in possession of ombudsman 81\n1.13 National, Territory or State security information 82\n1.14 Law enforcement or public safety information 82\n1.15 Information in possession of custodial inspector 84\n1.16 Information in the possession of the ACT national preventive\nmechanism 84\n","sortOrder":0},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Factors to be considered when deciding the","content":"Schedule 2 Factors to be considered when deciding the\npublic interest 85\n2.1 Factors favouring disclosure in the public interest 85\n2.2 Factors favouring nondisclosure in the public interest 87\n2.3 Meaning of eligible family member—sch 2 89\n\nPage\ncontents 7\nSchedule 3 Reviewable decisions 90\nDictionary 91\n1 About the endnotes 94\n2 Abbreviation key 94\n3 Legislation history 95\n4 Amendment history 98\n5 Earlier republications 103\n6 Expired transitional or validating provisions 104\n\nAn Act to give public access to government information, and for other purposes\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Freedom of Information Act 2016.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘public official—see the Criminal\nCode, section 300.’ means that the term ‘public official’ is defined in that\nsection and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Objects of Act","content":"6 Objects of Act\nThe objects of this Act are to—\n(a) provide a right of access to government information unless\naccess to the information would, on balance, be contrary to the\npublic interest; and\n(b) recognise the importance of public access to government\ninformation for the proper working of representative\ndemocracy; and\n(c) enable the public to participate more effectively in government\nprocesses and to promote improved decision-making within\ngovernment; and\n(d) make the people and bodies that are responsible for governing\nthe Territory more accountable to the public; and\n(e) ensure that, to the fullest extent possible, government\ninformation is freely and publicly available to everyone; and\n(f) facilitate and promote, promptly and at the lowest reasonable\ncost, the disclosure of the maximum amount of government\n(g) ensure that personal information held by the Territory is\naccurate, complete, up-to-date and not misleading.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Right of access to government information","content":"7 Right of access to government information\n(1) Subject to this Act, every person has an enforceable right to obtain\naccess under this Act to government information.\n(2) This section applies to information even if it came into existence\nbefore the commencement of this Act.\n\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Informal requests for government information","content":"8 Informal requests for government information\n(1) An agency is authorised to release government information held by\nthe agency to a person in response to an informal request by the\nperson.\n(2) This section is subject to a provision of another law that prohibits the\ndisclosure of information.\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Promoting access to government information","content":"9 Promoting access to government information\nIt is the intention of the Legislative Assembly that this Act be\nadministered with a pro-disclosure bias and discretions given under it\nbe exercised as far as possible in favour of disclosing government\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Act not intended to prevent or discourage publication etc","content":"10 Act not intended to prevent or discourage publication etc\nThis Act is not intended to prevent or discourage agencies or\nMinisters from publishing or giving access to government\ninformation (including contrary to the public interest information)\notherwise than under this Act.\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Relationship with other laws requiring disclosure","content":"11 Relationship with other laws requiring disclosure\nThis Act does not affect the operation of any other law that—\n(a) requires government information to be made available to the\npublic; or\n(b) enables a member of the public to obtain access to government\ninformation; or\n(c) requires publication of government information.\n","sortOrder":11},{"sectionNumber":"11A","sectionType":"section","heading":"Relationship with Assisted Reproductive Technology","content":"11A Relationship with Assisted Reproductive Technology\nAct 2024\nThis Act does not apply to information kept in the donor register\nunder the Assisted Reproductive Technology Act 2024.\n\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Relationship with Health Records (Privacy and Access)","content":"12 Relationship with Health Records (Privacy and Access)\nAct 1997\nThis Act does not apply to information in a health record under the\nHealth Records (Privacy and Access) Act 1997.\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Relationship with Territory Records Act 2002","content":"13 Relationship with Territory Records Act 2002\n(1) This Act does not apply to—\n(a) a record of an agency if a person is entitled to access the record\nunder the Territory Records Act 2002, part 3 (Agency records—\naccess); or\n(b) an accessible executive record.\n(2) If the director makes a declaration under the Territory Records\nAct 2002, section 28 (Declaration applying provisions of FOI Act) in\nrelation to a record, this Act applies to the record while the declaration\nis in force.\nNote Unless sooner revoked, a declaration under the Territory Records\nAct 2002, s 28 is in force for 10 years or any shorter period stated in the\ndeclaration.\n(3) If the principal officer makes a release restraint determination under\nthe Territory Records Act 2002, section 31G (2) (b) (Release delayed\nor denied) in relation to a record, this Act applies to the record while\nthe determination is in force.\naccessible executive record—see the Territory Records Act 2002,\nsection 31B.\ndirector—see the Territory Records Act 2002, dictionary.\nprincipal officer, of an agency—see the dictionary.\nrecord—see the Territory Records Act 2002, dictionary.\n\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"What is government information?","content":"14 What is government information?\nIn this Act:\ngovernment information—\n(a) means information held by an agency or Minister; but\n(b) does not include information—\n(i) relating to a Minister’s personal or political activities; or\n(ii) created or received by a Minister in the Minister’s capacity\nas a member of the Legislative Assembly.\nheld—information is held by an agency or Minister if it is—\n(a) contained in a record held by the agency or Minister; or\n(b) contained in a record that the agency or Minister is entitled to\naccess.\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Meaning of agency","content":"15 Meaning of agency\n(1) In this Act:\nagency means—\n(a) an administrative unit; or\n(b) a statutory office-holder and the staff assisting the statutory\noffice-holder; or\n(c) a territory authority; or\n(d) a territory instrumentality; or\n(e) a territory-owned corporation or a subsidiary of a\nterritory-owned corporation; or\n(f) the Office of the Legislative Assembly; or\n(g) an officer of the Assembly; or\n(h) the Supreme Court; or\n\n(i) the Magistrates Court or Coroner’s Court; or\n(j) the ACAT; or\n(k) a board of inquiry under the Inquiries Act 1991; or\n(l) a judicial commission under the Judicial Commissions Act 1994;\nor\n(m) a royal commission under the Royal Commissions Act 1991; or\n(n) an entity prescribed by regulation.\nterritory authority means a body established for a public purpose\nunder an Act or statutory instrument but does not include—\n(a) the judicial council established under the Judicial Commissions\nAct 1994, section 5A; or\n(b) the law society established under the Legal Profession Act 2006,\nsection 576.\nterritory instrumentality means a corporation that is established\nunder an Act or statutory instrument, or under the Corporations Act,\nand—\n(a) is comprised of people, or has a governing body comprised of\npeople, a majority of whom are appointed by a Minister or an\nagency or instrumentality of the Territory; or\n(b) is subject to control or direction by a Minister.\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Meaning of contrary to the public interest information","content":"16 Meaning of contrary to the public interest information\n(1) For this Act, information is contrary to the public interest\ninformation if—\n(a) it is taken to be contrary to the public interest to disclose under\nschedule 1; or\n\n(b) disclosing the information would, on balance, be contrary to the\npublic interest under the test set out in section 17.\n(2) However, information mentioned in schedule 1 (other than exempt\ninformation) is not taken to be contrary to the public interest\ninformation if it identifies—\n(a) corruption; or\n(b) the commission of an offence by a public official; or\n(c) that the scope of a law enforcement investigation has exceeded\nthe limits imposed by law.\nexempt information means information that is taken to be contrary to\nthe public interest to disclose under the following sections:\n(a) schedule 1, section 1.1B (Information related to integrity\ncommission matters);\n(b) schedule 1, section 1.2 (Information subject to legal professional\nprivilege).\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Public interest test","content":"17 Public interest test\n(1) An agency or Minister, in deciding whether disclosure of information\nwould, on balance, be contrary to the public interest, must take the\nfollowing steps:\n(a) identify any factor favouring disclosure that applies in relation\nto the information (a relevant factor favouring disclosure),\nincluding any factor mentioned in schedule 2, section 2.1;\n(b) identify any factor favouring nondisclosure that applies in\nrelation to the information (a relevant factor favouring\nnondisclosure), including any factor mentioned in schedule 2,\nsection 2.2;\n\n(c) balance any relevant factor or factors favouring disclosure\nagainst any relevant factor or factors favouring nondisclosure;\n(d) decide whether, on balance, disclosure of the information would\nbe contrary to the public interest;\n(e) unless, on balance, disclosure would be contrary to the public\ninterest, allow access to the information subject to this Act.\n(2) The following factors must not be taken into account when deciding\nwhether disclosure of information would, on balance, be contrary to\nthe public interest:\n(a) access to the information could result in embarrassment to the\ngovernment, or cause a loss of confidence in the government;\n(b) access to the information could result in a person misinterpreting\nor misunderstanding the information;\n(c) the author of the information was (or is) of high seniority in an\nagency;\n(d) access to the information could result in confusion or\nunnecessary debate;\n(e) access to the information could inhibit frankness in the provision\nof advice from the public service;\n(f) the applicant’s identity, circumstances, or reason for seeking\naccess to the information.\n(3) Despite subsection (2) (f), the applicant’s identity, circumstances, and\nreason for seeking access to the information may be taken into\naccount if—\n(a) the information requested is personal information; and\n(b) the personal information is not about the applicant.\n\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Information officers—appointment","content":"18 Information officers—appointment\n(1) The principal officer of an agency must appoint a person as the\nagency’s information officer for this Act.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n(2) An appointment is a notifiable instrument.\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Information officers—functions","content":"19 Information officers—functions\n(1) The information officer of an agency has the following functions:\n(a) to deal with access applications made to the agency under part 5;\n(b) at the request of the principal officer of another agency—to deal\nwith access applications made to the other agency under part 5;\n(c) to deal with requests made of the agency under part 6;\n(d) to ensure that the agency meets its obligation to publish open\naccess information under part 4;\n(e) to consider the appropriateness of the agency’s publication\nundertakings under part 4;\n(f) to proactively consider whether and how public access may be\ngiven to other government information held by the agency.\n(2) An information officer may delegate a function mentioned in\nsubsection (1) (a), (b) or (c) to a staff member in the information\nofficer’s agency.\n\nInformation officers Part 3\n(3) However, the information officer must not delegate the function of—\n(a) deciding an access application; or\n(b) refusing to deal with an application; or\n(c) deciding a request to amend personal information.\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Information officers not subject to directions","content":"20 Information officers not subject to directions\n(1) An information officer of an agency is not subject to direction in the\nexercise of a function under this Act unless the direction is given\nunder subsection (2).\n(2) The following people may direct the information officer of an agency\nto disclose information:\n(a) the Minister responsible for the agency;\n(b) the principal officer of the agency.\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Information officers may act for other agencies","content":"21 Information officers may act for other agencies\nThe information officer of an agency may, at the request of the\nprincipal officer of another agency, deal with an access application\nmade to the other agency.\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Information officers may consult with other information","content":"22 Information officers may consult with other information\nofficers\n(1) An information officer may, in the exercise of a function under this\nAct, consult with another information officer.\n(2) In consulting with another information officer under subsection (1),\nan information officer is authorised to disclose government\ninformation that relates to the exercise of the function.\n\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"What is open access information?","content":"23 What is open access information?\n(1) In this Act:\nopen access information, of an agency, means government\ninformation held by the agency that came into existence on or after\n1 January 2018 and that is or is in 1 or more of the following:\n(a) functional information including a statement setting out\nparticulars of the agency, including agency structure, functions,\nkinds of government information held and how requests for\ninformation may be made;\n(b) information about the agency or the work of the agency\ncontained in any document tabled in the Legislative Assembly\nby or for the agency;\n(c) the agency’s policy documents;\n(d) budget papers and Appropriation Acts presented to the\nLegislative Assembly under the Financial Management\nAct 1996;\n(e) information about government grants made or administered by\nthe agency;\n(f) the agency’s disclosure log;\nNote Disclosure log—see s 28.\n(g) a statement listing all boards, councils, committees, panels and\nother bodies that have been established by the agency (whether\nunder an Act or otherwise) for the purpose of advising the\nagency or a Minister responsible for the agency;\n(h) any report or recommendation prepared by a body mentioned in\nparagraph (g);\n\n(i) any of the following ministerial briefs prepared by the agency\nthat are 5 or more years old:\n(i) incoming ministerial briefs;\n(ii) parliamentary estimates briefs;\n(iii) annual reports briefs;\n(iv) question time briefs;\n(j) information an agency undertakes to make publicly available\nunder section 29 (Agency publication undertakings);\n(k) information declared by the ombudsman to be open access\nNote See s 65 (Open access information declarations).\n(l) information prescribed by regulation.\nopen access information, of a Minister—\n(a) means government information held by the Minister that came\ninto existence on or after 1 January 2018 and is, or is in, 1 or\nmore of the following:\n(i) the Minister’s disclosure log;\n(ii) information about ministerial and ministerial staff travel\nand hospitality expenses;\n(iii) a copy of the Minister’s diary that sets out all meetings,\nevents and functions attended by the Minister that relate to\nthe Minister’s responsibilities;\n(iv) information declared by the ombudsman to be open access\n(v) information prescribed by regulation; and\n\n(b) for the Chief Minister—\n(i) includes the following information about each Cabinet or\nCabinet committee decision made after the commencement\nof this Act:\n(A) a summary of the decision;\n(B) the decision reference number;\n(C) the date when the decision was made;\n(D) the wellbeing impact assessment for the decision on\nACT Government priorities and emerging issues; but\n(ii) does not include information about a decision of Cabinet\nor a Cabinet committee in relation to a proposed budget for\nthe Territory if the proposed budget has not been presented\nto the Legislative Assembly under the Financial\nManagement Act 1996, section 10 (Budget papers).\npolicy document—\n(a) includes any of the following:\n(i) a document containing interpretations, rules, guidelines,\nstatements of policy, practices or precedents;\n(ii) a document containing a statement about how an Act or\nadministrative scheme is to be administered;\n(iii) a document describing the procedures to be followed in\ninvestigating a contravention or possible contravention of\nan Act or administrative scheme;\n(iv) another document of a similar kind used to assist the\nagency to exercise its functions; but\n(b) does not include a draft of a document mentioned in\nparagraph (a).\n\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Availability of open access information","content":"24 Availability of open access information\n(1) An agency or Minister must make open access information of the\nagency or Minister publicly available unless the information is\ncontrary to the public interest information.\nNote Contrary to the public interest information—see s 16.\n(2) If open access information is not made available because it is contrary\nto the public interest information, the agency or Minister must\npublish—\n(a) a description of the information unless the disclosure of the\ndescription would, or could reasonably be expected to—\n(i) endanger the life or physical safety of a person; or\n(ii) be an unreasonable limitation on a person’s rights under\n(iii) significantly prejudice an ongoing criminal investigation;\nand\n(b) for information not made available because it is taken to be\ncontrary to the public interest to disclose the information under\nschedule 1—\n(i) the ground under schedule 1 for the nondisclosure; and\n(ii) the findings on any material questions of fact referring to\n(c) for information not made available because disclosure of the\ninformation would, on balance, be contrary to the public interest\nunder the test set out in section 17, a statement of reasons for the\ndecision setting out—\n(i) the findings on any material questions of fact referring to\n\n(ii) the relevant factors favouring disclosure; and\n(iii) the relevant factors favouring nondisclosure; and\n(iv) how the factors were balanced; and\n(v) the harm to the public interest that can reasonably be\nexpected to occur from the disclosure; and\n(d) a statement that a person may apply to the ombudsman for\nreview of a decision not to make open access information\npublicly available; and\n(e) a statement on how to make the application for review of the\ndecision; and\n(f) a statement of the other options available under ACT laws to\nhave the decision reviewed.\n(3) If open access information is not made available because it is contrary\nto the public interest information and the agency or Minister decides\nnot to publish a description of the information for a reason mentioned\nin subsection (2) (a), the agency or Minister must tell the ombudsman\nabout the decision and the reason for it.\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Open access information—quality of information","content":"25 Open access information—quality of information\nOpen access information published by an agency or Minister must as\nfar as practicable be accurate, up-to-date and complete.\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Open access information—deletion of contrary to the","content":"26 Open access information—deletion of contrary to the\npublic interest information\n(a) a record containing open access information of an agency or\nMinister also contains contrary to the public interest\n\n(b) it is practicable to make publicly available a copy of the record\nfrom which the contrary to the public interest information has\nbeen deleted.\n(2) The agency or Minister must—\n(a) make a copy of the record publicly available; and\n(b) publish a statement that the original record contained contrary\nto the public interest information that has been deleted from the\ncopy.\n(3) However, subsection (2) does not apply to the agency if—\n(a) the record is a policy document of the agency; and\n(b) the information, other than the contrary to the public interest\ninformation, contained in the record has been otherwise made\npublicly available.\npolicy document—see section 23 (2).\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Open access information—effect of policy documents not","content":"27 Open access information—effect of policy documents not\nbeing available\nA person must not be subjected to any prejudice because of the\napplication of the provisions of an agency’s policy document (other\nthan provisions it is permitted to delete from a copy of the document)\nto any act or omission of the person if, at the time of the act or\nomission—\n(a) the policy document was not publicly available; and\n(b) the person was not aware of the provisions of the policy\ndocument; and\n(c) the person could lawfully have avoided the prejudice had the\nperson been aware of the provisions.\n\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Requirement for disclosure log","content":"28 Requirement for disclosure log\n(1) An agency and Minister must keep a record of access applications\ndealt with by the agency or Minister (a disclosure log).\n(2) The disclosure log must include the following for each access\napplication:\n(a) the access application;\n(b) the decision notice or notices given under section 51;\n(c) if government information was given to the applicant in\nresponse to the application—the information;\n(d) if additional government information was given to the applicant\nunder section 36—the information;\n(e) a statement of—\n(i) the amount of any fees paid or waived in relation to the\napplication; and\n(ii) the amount of time spent dealing with the application;\n(f) details of any decision made by the ombudsman in relation to\nthe application;\n(g) any additional information the ombudsman decides to disclose\nwhen making a decision mentioned in paragraph (f);\n(h) details of any decision made by the ACAT in relation to the\napplication;\n(i) any additional information the ACAT decides to disclose when\nmaking a decision mentioned in paragraph (h).\n(3) If an agency or Minister decides not to disclose government\ninformation in response to an access application, the disclosure log\nmust also include a statement about—\n(a) who may apply to the ombudsman for review of the decision;\nand\n\n(b) how to make the application for review of the decision; and\n(c) the other options available under ACT laws to have the decision\nreviewed.\n(4) The information required to be recorded in the disclosure log under\nsubsections (2) and (3) must be included in the disclosure log not\nearlier than 3, and not later than 10, working days after the day the\ndecision notice is given to the applicant.\n(5) An agency’s disclosure log may also include government information\nreleased by the agency in response to an informal request.\n(6) A disclosure log must not include—\n(a) an access application for personal information; or\n(b) information about an applicant’s business, commercial,\nfinancial or professional affairs, the publication of which would\nbe unreasonable in the circumstances.\nExample\ninformation about unsubstantiated food safety allegations made against the\napplicant’s business, the publication of which could unduly damage the\nreputation of the applicant’s business\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Agency publication undertakings","content":"29 Agency publication undertakings\n(1) An agency may publish a statement setting out the kinds of\ngovernment information it holds, that would not otherwise be open\naccess information, that the agency will make publicly available\n(a publication undertaking).\nNote Information an agency undertakes to make publicly available becomes\nopen access information (see s 23 (1) (j)).\n(2) Every 12 months an agency must review its publication undertaking\nor, if the agency does not have a publication undertaking, consider\nwhether it has information it could include in a publication\nundertaking.\n\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Making access application","content":"30 Making access application\n(1) A person may apply for access to government information to the\nagency or Minister responsible for the information.\n(2) The application must include—\n(a) enough detail to enable an agency or Minister to identify the\ngovernment information applied for; and\n(b) an email or postal address to which notices under this Act may\nbe sent to the applicant.\n(3) If the application is for access to personal information about the\napplicant, the application must also include—\n(a) evidence of identity for the applicant; and\n(b) if an agent is acting for the applicant—evidence of the agent’s\nauthorisation and evidence of identity for the agent.\nExamples—agent’s authorisation\n1 the ACAT order appointing the agent as the applicant’s guardian\n2 the client agreement authorising a lawyer to act for the applicant\n(4) The application may include a statement of the applicant’s views on\nthe public interest in disclosing the information.\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Application not in accordance with requirements","content":"31 Application not in accordance with requirements\n(1) This section applies if an agency or Minister receives an application\nthat does not comply with the requirements under section 30.\n(2) The agency or Minister must take reasonable steps to assist the person\nand give the person reasonable time to make the application comply.\n\n(3) The application is taken to have been made when it is made in\naccordance with the requirements.\n(4) The agency or Minister need not deal further with the application if,\ndespite the agency or Minister taking reasonable steps and giving the\nperson reasonable time (but not less than 3 months) under\nsubsection (2), the application is still not made in accordance with the\nrequirements under section 30.\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Notice of date application received","content":"32 Notice of date application received\n(1) An agency or Minister that receives an application complying with\nthe requirements under section 30 must give the applicant written\nnotice of—\n(a) the day on which the application was received; and\n(b) the date by which a decision is to be made (unless additional\ntime is given under section 40, section 41 or section 42).\n(2) The notice must be given to the applicant as soon as practicable but\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Who deals with access applications","content":"33 Who deals with access applications\n(1) An access application made to an agency must be dealt with by—\n(a) the information officer of the agency; or\n(b) at the request of the principal officer of the agency—the\ninformation officer of another agency.\n(2) An access application made to a Minister may be dealt with by the\nperson the Minister directs.\n\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Deciding access—identifying information within scope of","content":"34 Deciding access—identifying information within scope of\napplication\n(1) An agency or Minister deciding an access application\n(the respondent) must take reasonable steps to identify all\ngovernment information within the scope of the application.\n(2) The respondent is not required to search for the information from a\nbackup system (but may if appropriate).\n(3) The respondent may, at any time, contact the applicant to clarify the\nscope of the application (a clarification request).\n(4) The respondent may suspend an access application if—\n(a) the respondent has taken all reasonable steps to contact the\napplicant about a clarification request; and\n(b) either—\n(i) the respondent is unable to contact the applicant; or\n(ii) the applicant does not respond to the clarification request.\n(5) If the access application is suspended, the respondent must, in\nwriting, tell the applicant—\n(a) that the application has been suspended; and\n(b) about the effect of subsection (6).\n(6) The respondent—\n(a) must decide the application if the applicant responds to the\nclarification request within 6 weeks after the request was made;\nbut\n(b) need not deal further with the application if it is suspended under\nsubsection (4) for 6 weeks or longer.\n(7) Subsection (6) (b) does not prevent the applicant from making\nanother access application for the same information.\n\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Deciding access—how applications are decided","content":"35 Deciding access—how applications are decided\n(1) The respondent decides an access application for government\ninformation by deciding—\n(a) to give access to the information; or\n(b) that the information is not held by the respondent; or\n(c) to refuse to give access to the information because the\ninformation is contrary to the public interest information; or\n(d) to refuse to deal with the application (see section 43); or\n(e) to refuse to confirm or deny that the information is held by the\nrespondent because—\n(i) the information is contrary to the public interest\n(ii) doing so would, or could reasonably be expected to—\n(A) endanger the life or physical safety of a person; or\n(B) be an unreasonable limitation on a person’s rights\nunder the Human Rights Act 2004; or\n(C) significantly prejudice an ongoing criminal\ninvestigation.\n(2) An access application may be decided in more than 1 way.\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Deciding access—additional government information","content":"36 Deciding access—additional government information\n(1) This section applies if, after deciding an access application, the\nrespondent finds additional government information that was held by\nthe respondent when the application was decided.\n(2) The respondent may make a further decision under section 35 in\nrelation to the additional information.\n\n(3) If the respondent does not make a further decision in relation to the\nadditional information, the respondent must tell the applicant that—\n(a) additional information has been found; and\n(b) an access application for the additional information may be\nmade; and\n(c) no fee is payable for the application, but a fee may be payable\nfor any additional information provided.\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Deciding access—considering applicant’s views on","content":"37 Deciding access—considering applicant’s views on\npublic interest\nIn deciding an access application, the respondent must consider any\nstatement in the application of the applicant’s views on the public\ninterest in disclosing the government information applied for.\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"Deciding access—relevant third parties","content":"38 Deciding access—relevant third parties\n(1) This section applies if the respondent to an access application\nconsiders that—\n(a) some or all of the government information applied for is not\ncontrary to the public interest information; but\n(b) disclosure of the information may reasonably be expected to be\nof concern to a person or another entity other than the Territory\n(a relevant third party).\n(2) The respondent must take reasonable steps to consult with the\nrelevant third party before deciding to give access to the information.\n(3) Disclosure of government information may reasonably be expected\nto be of concern to a relevant third party if—\n(a) for a relevant third party that is an individual—\n(i) the information is personal information about the\nindividual; or\n\n(ii) the disclosure of the information would, or could\nreasonably be expected to, affect the person’s rights under\n(b) for a relevant third party that is a government or government\nagency—the information concerns the affairs of the government\nor agency; or\n(c) the information concerns the trade secrets, business affairs, or\nresearch of the relevant third party.\n(4) If disclosure of government information may reasonably be expected\nto be of concern to a person because the information is personal\ninformation about the person but the person is deceased, subsection\n(2) applies as if an eligible family member of the person were a\nrelevant third party.\n(5) The respondent, in consulting with a relevant third party, must—\n(a) ask the relevant third party whether it objects to the disclosure\nof the government information; and\n(b) if the relevant third party objects to the disclosure—invite the\nrelevant third party to provide its views, within 10 working days,\non whether the information is contrary to the public interest\n(c) tell the relevant third party that if access is given to the\ninformation in response to the application, the information\n(other than personal information) will be made available to the\npublic through the disclosure log of the respondent under\nsection 28.\n(6) After obtaining the views of a relevant third party, the respondent\nmust—\n(a) tell the relevant third party of the respondent’s decision on the\naccess application; and\n\n(b) if the relevant third party has told the respondent that it objects\nto the disclosure of the government information—defer giving\naccess to the information of concern to the relevant third party\nuntil after—\n(i) the respondent is given written notice by the relevant third\nparty that it does not intend to make an application for\nreview of the decision; or\n(ii) if notice is not given under subparagraph (i) and no\napplication for review under part 8 is made by the end of\nthe review period—the end of the review period; or\n(iii) if an application for review under part 8 is made during the\nreview period—the review has ended.\n(7) The respondent must give the applicant written notice when access is\nno longer deferred under subsection (6) (b).\n(8) In this section:\neligible family member, of a deceased person—see schedule 2\n(Factors to be considered when deciding the public interest),\nsection 2.3.\nreview period means the period within which an application for\nreview under part 8 may be made.\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"Deciding access—decision not made in time taken to be","content":"39 Deciding access—decision not made in time taken to be\nrefusal to give access\n(1) If a respondent does not decide an access application within the time\nallowed under section 40 or extended under section 41 or section 42,\nthe respondent—\n(a) is taken to have decided to refuse to give access to the\ngovernment information applied for; and\n(b) must refund any fee paid by the applicant relating to the\napplication; and\n\n(c) must give written notice to the ombudsman that a decision\nrelating to the application was not made within time.\n(2) Also, the respondent must give written notice to the ombudsman that\na decision relating to an access application was not made within the\ntime allowed if—\n(a) under section 78, the ombudsman extends the time for the\nrespondent to decide the access application (the extended time);\nand\n(b) the respondent does not decide the access application within the\nextended time.\n(3) However, the respondent may continue to deal with the application\nand give notice of a decision on the application.\n(4) If notice is given to the ombudsman under subsection (1) (c), the\nrelevant Minister must ensure that a copy of the notice is presented to\nthe Legislative Assembly within 6 sitting days after the access\napplication (including any review or appeal) is finally decided.\n(5) Subsection (4) does not apply if—\n(a) the ombudsman extended the time for the respondent to decide\nthe access application under section 78; or\n(b) the access application is only for personal information.\n(6) In this section:\nrelevant Minister means—\n(a) for a notice relating to an access application for which a Minister\nis the respondent—the Minister; or\n(b) for a notice relating to an access application for which an agency\nis the respondent—the Minister responsible for the agency.\n\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"Deciding access—time to decide","content":"40 Deciding access—time to decide\n(1) A respondent to an access application must decide the application not\nlater than 30 working days after the day of receiving the application.\n(2) The period under subsection (1) is extended by—\n(a) if the respondent consults with a relevant third party under\nsection 38—15 working days; or\n(b) if the respondent makes a clarification request under\nsection 34 (3)—the number of working days the applicant takes\nto respond to the clarification request; or\n(c) if the respondent gives notice to the applicant under\nsection 46 (1) (a)—the consultation period under section 46 (4)\nfor the application; or\n(d) if the respondent contacts the applicant under section 106 (2)—\nthe number of working days the applicant takes to confirm or\nvary the application; or\n(e) if the applicant makes an application to the agency or Minister\nto waive a fee under section 107—the number of working days\nthe agency or Minister takes to decide the waiver application; or\n(f) if the period includes 1 or more Christmas shutdown days—the\nnumber of Christmas shutdown days.\nExample—par (b)\nThe respondent receives an access application on 1 February. The respondent\ncontacts the applicant to clarify an aspect of the application and the applicant gives\nthe respondent an answer 10 working days later. The respondent must decide the\napplication not later than 40 working days after 1 February, being the 30 working\ndays allowed under section 40 (1) plus the 10 working days the applicant took to\nanswer the clarification request.\nChristmas shutdown day means a working day that falls on 27, 28,\n29, 30 or 31 December in a year.\n\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Deciding access—respondent may ask for additional time","content":"41 Deciding access—respondent may ask for additional time\nto decide\n(1) A respondent to an access application may ask the applicant for an\nadditional stated amount of time to decide the application.\n(2) The request must be made—\n(a) before the end of the period for deciding the application under\nsection 40; or\n(b) for a second or subsequent request—before the end of the\nadditional time last granted.\n(3) The respondent may decide the application before the end of the\nadditional time requested if—\n(a) the total period for deciding the application would, if the request\nis agreed to, be not more than 12 months; and\n(b) the applicant agrees, or is taken to agree, to the request.\n(4) For subsection (3) (b), an applicant is taken to agree to a request if—\n(a) the applicant has not, within 7 working days after the request is\nmade, refused the request; and\n(b) the respondent has not received notice that the applicant has\napplied for review under part 8.\n(5) The respondent may decide the application before the end of the\nadditional time requested if—\n(a) the total period for deciding the application would, if the request\nis agreed to, be more than 12 months but not more than\n24 months; and\n(b) both of the following apply:\n(i) the applicant agrees to the request;\n\n(ii) the respondent agrees to deal with the application\nprogressively.\nExample—par (ii)\nthe respondent provides information progressively\n(6) The respondent must not ask the applicant for additional time to\ndecide an access application if the total period for deciding the\napplication would, if the request is agreed to, be more than 24 months.\ntotal period, to decide an access application, means the period—\n(a) beginning on the day the respondent receives the application;\nand\n(b) ending on the day the respondent decides the application.\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Deciding access—extension of time given by","content":"42 Deciding access—extension of time given by\nombudsman\n(1) A respondent to an access application may apply to the ombudsman\nfor an extension of time to decide the application if—\n(a) the respondent has asked the applicant for an additional stated\namount of time under section 41 (1) and—\n(i) the applicant has refused the request under section 41 (3);\nor\n(ii) the applicant has not agreed to the request under\nsection 41 (5); or\n(b) section 41 (6) prevents the respondent from asking the applicant\nfor an additional amount of time to decide the application.\n(2) The application to the ombudsman must be made—\n(a) before the end of the period for deciding the application under\nsection 40; or\n\n(b) if the time to decide the application has already been extended\nunder section 41 or this section—before the end of the additional\ntime last granted.\n(3) The ombudsman may, on application under subsection (1), extend the\ntime to decide an access application if the ombudsman believes it is\nnot reasonably possible for the respondent to deal with the application\nwithin the period for deciding the application under section 40 or the\nperiod as extended under section 41 or this section because—\n(a) the application involves dealing with a large volume of\ninformation; or\n(b) the application is complex; or\n(c) there are other exceptional circumstances.\nExample—complex application\nmultiple, conflicting public interest factors apply to the information covered by the\napplication and extensive third party consultation is required\nExample—exceptional circumstances\nat a point in time, the volume or complexity of applications significantly exceeds\nthe resources available to the respondent to deal with applications\n(4) The ombudsman may extend the time to decide the access application\nfor the period the ombudsman considers reasonable in the\ncircumstances, having regard to—\n(a) the objects of this Act; and\n(b) the importance of encouraging timely resolution of access\n(5) The ombudsman may extend the time to decide the access application\nsubject to conditions.\nExamples—conditions\n1 the respondent provides the ombudsman with regular updates on progress with\nthe application\n2 the respondent agrees to a timetable to progress the application\n3 the respondent provides information progressively\n\n(6) The ombudsman may cancel or amend an extension under\nsubsection (4) if—\n(a) the ombudsman considers it appropriate, having regard to the\nmatters mentioned in subsection (4); or\n(b) the respondent has not complied with a condition under\nsubsection (5).\n(7) The ombudsman must tell the respondent and the applicant about any\nextension, or cancellation or amendment of an extension, under this\nsection.\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"Refusing to deal with application—general","content":"43 Refusing to deal with application—general\n(1) A respondent may refuse to deal with an access application wholly or\nin part only if—\n(a) dealing with the application would require an unreasonable and\nsubstantial diversion of the respondent’s resources (see\nsection 44); or\n(b) the application is frivolous or vexatious; or\nExample—vexatious application\nan application made only to annoy or unreasonably interfere with the\nrespondent’s operations, or for an improper purpose\n(c) the application involves an abuse of process; or\n(d) the government information is already available to the applicant\n(see section 45); or\n(e) the access application is expressed to relate to government\ninformation of a stated kind and government information of that\nkind is taken to be contrary to the public interest to disclose\nunder schedule 1; or\n\nRefusing to deal with applications Division 5.3\n(f) an earlier access application for the same government\n(i) was made in the 12 months before the application was\nmade; and\n(ii) access to the information was refused; and\n(iii) the relevant public interest factors are materially the same\nas those considered in deciding the earlier application.\n(2) A respondent is entitled to consider 2 or more applications as\n1 application if the applications are related and are made by the same\napplicant or by people acting together in relation to the applications.\n(3) An applicant is not entitled to a refund of any application fee paid if\nthe respondent refuses to deal with the application.\nabuse of process includes—\n(a) harassment or intimidation of a person; and\n(b) an unreasonable request for personal information about a\nperson.\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Refusing to deal with application—unreasonable and","content":"44 Refusing to deal with application—unreasonable and\nsubstantial diversion of resources\n(1) For section 43 (1) (a), dealing with an access application would\nrequire an unreasonable and substantial diversion of the respondent’s\nresources only if—\n(a) the resources required to identify, locate, collate and examine\nany information held by the respondent, including the resources\nrequired in obtaining the views of relevant third parties under\nsection 38, would substantially inhibit the ability of the\nrespondent to exercise its functions; and\n\n(b) the extent to which the public interest would be advanced by\ngiving access to the information does not justify the use of the\nrequired resources.\n(2) For subsection (1), the respondent—\n(a) is not required to have regard to any extension by agreement\nbetween the applicant and the respondent of the period within\nwhich the application is required to be decided; and\n(b) must not have regard to—\n(i) any reasons the applicant gives for applying for access; or\n(ii) the respondent’s belief about the applicant’s reasons for\napplying for access.\n","sortOrder":45},{"sectionNumber":"45","sectionType":"section","heading":"Refusing to deal with application—information already","content":"45 Refusing to deal with application—information already\navailable to applicant\nFor section 43 (1) (d), government information is already available to\nthe applicant only if the information—\n(a) is publicly available; or\n(b) is available to the applicant from, or for inspection at, a place\nthe respondent, another agency or Minister operates, free of\ncharge; or\n(c) is available as part of a public register established under a\nterritory law; or\n(d) is available to the applicant because it has been produced in\naccordance with a subpoena or court order; or\n(e) has previously been given to the applicant under this Act or the\nFreedom of Information Act 1989 (repealed); or\n(f) has otherwise previously been given to the applicant; or\n(g) is usually available for purchase.\n\nRefusing to deal with applications Division 5.3\n","sortOrder":46},{"sectionNumber":"46","sectionType":"section","heading":"Refusing to deal with application—consulting applicant","content":"46 Refusing to deal with application—consulting applicant\nbefore refusing to deal with certain applications\n(1) Before refusing to deal with an access application on a ground\nmentioned in section 43 (1) (a), (b), (c), (e) or (f), the respondent\nmust—\n(a) tell the applicant, in writing, of—\n(i) the intention to refuse to deal with the application; and\n(ii) the ground for refusal; and\n(iii) the period for consultation on the proposed refusal\n(the consultation period); and\n(b) give the applicant—\n(i) a reasonable opportunity to consult with the respondent\nand to provide any additional information relevant to the\napplication during the consultation period; and\n(ii) any information that may assist the applicant make an\napplication in a form that would remove the ground for\nrefusal.\n(2) After any consultation with the respondent, the applicant may give\nthe respondent an amended application.\n(3) If an amended application is given to the respondent under subsection\n(2), the original application is taken to have been made at the time the\namended application is given.\nconsultation period means—\n(a) the period of 10 working days starting on the day after the day\nthe notice was given under subsection (1) (a); or\n(b) any longer period agreed between the respondent and the\napplicant before or after the end of the 10 working days.\n\n","sortOrder":47},{"sectionNumber":"47","sectionType":"section","heading":"Giving access—form of access","content":"47 Giving access—form of access\n(1) Access to government information under this part may be given to a\nperson in 1 or more of the following ways:\n(a) by giving a copy of an electronic record containing the\n(b) by giving a printed copy of the record containing the\n(c) if the information is contained in a sound recording or a record\nin which words are in shorthand writing or in a codified form—\nby giving a written transcript of words contained in the record;\n(d) if the application relates to information that is not contained in a\nwritten record held by an agency or Minister—by providing a\nwritten document using equipment usually available to the\nagency or Minister for retrieving or collating stored information.\n(2) For subsection (1) (a) to (c), a reference to government information\nor a record includes a reference to a copy from which information has\nbeen deleted under section 50.\n(3) As far as practicable, access to government information under this\npart must be given—\n(a) either—\n(i) in a way that complies with the web content accessibility\nguidelines, level AA; or\n(ii) if another way is prescribed by regulation—in that way;\nand\n\nGiving access to information Division 5.4\n(b) in a form that provides at least the same range of functions to\nthe applicant as was available to the respondent before the\naccess was given.\n1 electronically searchable text document\n2 unsecured text document that allows a user to copy and paste from the\ndocument\n(4) Subject to this section and section 50, if an applicant has requested\naccess in a particular form, access must be given in that form.\n(5) However, access may be given in a form (an alternative form) other\nthan that requested by the applicant if—\n(a) it is not reasonably practicable for the respondent to give access\nin the form requested; and\n(b) the respondent is reasonably satisfied that the applicant can\nreceive the information given in the alternative form.\n(6) If an applicant is given access to government information in a form\ndifferent to the form requested by the applicant, the applicant must\nnot be required to pay a fee that is more than would have been payable\nif access had been given in the form requested by the applicant.\n","sortOrder":48},{"sectionNumber":"48","sectionType":"section","heading":"Giving access—access to be unconditional","content":"48 Giving access—access to be unconditional\nIf access to government information is given under this part, the\naccess must be unconditional.\n","sortOrder":49},{"sectionNumber":"49","sectionType":"section","heading":"Giving access—deferral of access","content":"49 Giving access—deferral of access\n(1) The respondent to an access application may defer giving access to\ngovernment information for a reasonable period (not longer than\n3 months) if—\n(a) the information was prepared with the intention that it be\nformally published within a stated time; and\n\n(b) the information has not been published as intended.\nExamples—formal publication\n1 formal release of a report at an event\n2 media release\n3 presentation to the Legislative Assembly\n(2) Also, the respondent to an access application may defer giving access\nto government information if the applicant has not paid the fee\npayable in relation to the application.\n","sortOrder":50},{"sectionNumber":"50","sectionType":"section","heading":"Giving access—deletion of contrary to the public interest","content":"50 Giving access—deletion of contrary to the public interest\n(a) an access application is made for government information in a\nrecord containing contrary to the public interest information;\nand\n(b) it is practicable to give access to a copy of the record from which\nthe contrary to the public interest information has been deleted.\n(2) Subject to section 35 (1) (e), the respondent must—\n(a) give access to a copy of the record; and\n(b) tell the applicant the original record contained contrary to the\npublic interest information that has been deleted from the copy.\n","sortOrder":51},{"sectionNumber":"Div 5","sectionType":"division","heading":"5 Notice of access decisions and","content":"Division 5.5 Notice of access decisions and\nreasons\n","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"Notice of decision to be given","content":"51 Notice of decision to be given\n(1) The respondent to an access application must give written notice\n(a decision notice) to the applicant of the decision on the application.\n\nNotice of access decisions and reasons Division 5.5\n(2) If the respondent makes a further decision on the application, the\nrespondent must give a decision notice to the applicant of the further\ndecision.\n(3) The respondent is not required to include any contrary to the public\ninterest information in a decision notice.\n","sortOrder":53},{"sectionNumber":"52","sectionType":"section","heading":"Content of notice—access to information given","content":"52 Content of notice—access to information given\n(1) For a decision to give access to government information, the decision\nnotice must include a statement of the following:\n(a) an itemisation of any fee payable by the applicant;\n(b) that the access application and information given in response to\nthe application (other than personal information) will be made\navailable to the public through the disclosure log of the\nrespondent under section 28;\n(c) if access is given to a copy of a record that had information\ndeleted from it under section 50—the fact that the record is a\ncopy.\n(2) If the giving of access to government information is deferred under\nsection 38 (6), the decision notice must include a statement—\n(a) that a relevant third party objected to the disclosure; and\n(b) that the relevant third party may apply for review of the decision;\nand\n(c) of the period under section 38 (6) (b) for which access may be\ndeferred.\n(3) If the giving of access to government information is deferred under\nsection 49, the decision notice must include a statement of—\n(a) the reason for the deferral; and\n(b) when access will be given.\n\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"Content of notice—information not held by respondent","content":"53 Content of notice—information not held by respondent\nIf an access application relates to government information that is not\nheld by the respondent, the decision notice must state that the\ninformation is not held by the respondent.\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Content of notice—refusing to give access to information","content":"54 Content of notice—refusing to give access to information\n(1) If a decision is made to refuse to give access to government\ninformation because it is taken to be contrary to the public interest to\ndisclose the information under schedule 1, the decision notice must\ninclude—\n(a) a description of the information; and\n(b) the ground under schedule 1 for the refusal; and\n(c) the findings on any material questions of fact referring to the\nevidence or other material on which the findings were based.\n(2) If a decision is made to refuse to give access to government\ninformation because disclosure of the information would, on balance,\nbe contrary to the public interest under the test set out in section 17,\nthe decision notice must include—\n(a) a description of the information; and\n(b) a statement of reasons for the decision setting out—\n(i) the findings on any material questions of fact referring to\n(ii) the relevant factors favouring disclosure; and\n(iii) the relevant factors favouring nondisclosure; and\n(iv) how the factors were balanced; and\n(v) the harm to the public interest that can be reasonably\nexpected to occur from disclosure.\n\nAccess applications for information held by other agencies or Ministers Division 5.6\n","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Content of notice—refusal to deal with application","content":"55 Content of notice—refusal to deal with application\nFor a decision to refuse to deal with an application, the decision notice\nmust include a statement of the following:\n(a) the ground under section 43 (1) for the refusal;\n(b) the findings on any material questions of fact referring to the\nevidence or other material on which the findings were based;\n(c) if the ground is that the government information is already\navailable to the applicant—how the applicant can access the\n(d) that the applicant is not entitled to a refund of any application\nfee paid if the respondent refuses to deal with the application.\n","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"Content of notice—refusing to confirm or deny existence","content":"56 Content of notice—refusing to confirm or deny existence\nof information\nFor a decision to refuse to confirm or deny the existence of\ngovernment information, the decision notice must include a statement\nof reasons for the decision setting out why the information, if it did\nexist—\n(a) would be contrary to the public interest information; and\n(b) would, or could reasonably be expected to, have a result\nmentioned in section 35 (1) (e) (ii).\nDivision 5.6 Access applications for information\nheld by other agencies or Ministers\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Transfer of access applications","content":"57 Transfer of access applications\n(a) an access application has been made to an agency or Minister;\nand\n\nDivision 5.6 Access applications for information held by other agencies or Ministers\n(b) the government information to which the application relates is\nnot held by the agency or Minister but the agency or Minister\nbelieves it may be held by another agency or Minister\n(the transferee); and\n(c) the transferee agrees it may hold the information.\n(2) The agency or Minister must transfer the application to the transferee.\n(3) An access application transferred under this section is taken to have\nbeen made to the transferee at the time it was transferred.\n(4) The transferee receiving an access application must give the applicant\nwritten notice of—\n(a) the day on which the application was received; and\n(b) the date by which a decision is to be made (unless additional\ntime is given under section 40, section 41 or section 42).\n(5) The notice must be given to the applicant as soon as practicable but\n","sortOrder":59},{"sectionNumber":"58","sectionType":"section","heading":"Access applications if two or more agencies or Ministers","content":"58 Access applications if two or more agencies or Ministers\nhold relevant information\n(1) If the respondent to an access application believes that it holds\ngovernment information relevant to an application and relevant\ninformation may also be held by another agency or Minister\n(the other entity), the respondent must give a copy of the access\napplication to the other entity.\n(2) If the other entity believes that it may hold relevant government\ninformation, the other entity must—\n(a) tell the respondent that it may hold relevant information; and\n(b) take reasonable steps to identify all relevant information within\nthe scope of the application; and\n\nAccess applications for information held by other agencies or Ministers Division 5.6\n(c) if it identifies relevant information—\n(i) give the relevant information to the respondent; or\n(ii) tell the respondent and the applicant that it will decide the\napplication, or part of the application, as if it were the\nrespondent.\n(3) If the other entity gives the relevant government information to the\nrespondent, the respondent is, for the purpose of making a decision\non the application, taken to hold the information.\n(4) If the other entity is to decide the application, or part of the\napplication, as if it were the respondent—\n(a) the application is taken to have been made to the other entity\nwhen it received the application under subsection (1); and\n(b) the other entity must give the applicant written notice of—\n(i) the day on which the application was received; and\n(ii) the date by which a decision is to be made (unless\nadditional time is given under section 40, section 41 or\nsection 42).\n(5) The notice must be given to the applicant as soon as practicable but\n(6) If the other entity believes it does not hold relevant information, it\nmust tell the respondent of the belief.\n\n","sortOrder":60},{"sectionNumber":"Part 6","sectionType":"part","heading":"Amendment of personal","content":"Part 6 Amendment of personal\n","sortOrder":61},{"sectionNumber":"59","sectionType":"section","heading":"Requesting amendment of personal information","content":"59 Requesting amendment of personal information\n(1) This section applies if a person who has access to government\ninformation held by an agency or Minister considers that the\n(a) contains personal information about the person; and\n(b) is incomplete, incorrect, out-of-date or misleading; and\n(c) is used, has been used or is available for use by the agency or\nMinister.\n(2) The person may, in writing, request the agency or Minister to amend\nthe information.\n(3) The request must—\n(a) include enough detail to enable an agency or Minister to identify\nthe government information to be amended; and\n(b) state how the government information is incomplete, incorrect,\nout-of-date or misleading; and\n(c) state the amendments the person considers necessary for the\ninformation to be complete, correct, up-to-date or for it to be no\nlonger misleading; and\n(d) include an email or postal address to which notices under this\nAct may be sent to the person.\n\nAmendment of personal information Part 6\n","sortOrder":62},{"sectionNumber":"60","sectionType":"section","heading":"Who deals with requests to amend personal information","content":"60 Who deals with requests to amend personal information\n(1) A request under section 59 made to an agency must be dealt with by\nthe information officer of the agency.\n(2) A request under section 59 made to a Minister may be dealt with by\nthe person the Minister directs.\n","sortOrder":63},{"sectionNumber":"61","sectionType":"section","heading":"Deciding requests to amend personal information","content":"61 Deciding requests to amend personal information\n(1) An agency or Minister receiving a request from a person under\nsection 59 must decide to—\n(a) amend the government information; or\n(b) refuse to amend the government information.\n(2) The agency or Minister must amend the government information if\nthe information is incomplete, incorrect, out-of-date or misleading.\n(3) Before refusing to amend the government information, the agency or\nMinister must—\n(a) tell the person of the intention to refuse to amend the\n(b) give the person a reasonable opportunity to respond and to\nprovide any additional information relevant to the request.\n(4) The agency or Minister must keep a record of amendments of\ngovernment information made under this section.\n","sortOrder":64},{"sectionNumber":"62","sectionType":"section","heading":"Time to decide request","content":"62 Time to decide request\n(1) An agency or Minister that receives a request under section 59 must\ndecide the request not later than 20 working days after receiving it.\n(2) The 20 working days does not include any time given to the person\nunder section 61 (3) (b) to respond and provide additional information\nrelevant to the request.\n\n","sortOrder":65},{"sectionNumber":"63","sectionType":"section","heading":"Notifying person affected of decision","content":"63 Notifying person affected of decision\nAn agency or Minister that makes a decision under section 61 must—\n(a) tell the person of the agency’s or Minister’s decision; and\n(b) if the decision is to amend the information—give the person a\ncopy of the amended information; and\n(c) if the decision is to refuse to amend the information—give the\nperson a statement of reasons for the refusal.\n\nRole of ombudsman Part 7\nOmbudsman functions and general powers Division 7.1\n","sortOrder":66},{"sectionNumber":"Div 7","sectionType":"division","heading":"1 Ombudsman functions and general","content":"Division 7.1 Ombudsman functions and general\npowers\n","sortOrder":67},{"sectionNumber":"64","sectionType":"section","heading":"Ombudsman—functions","content":"64 Ombudsman—functions\n(1) The ombudsman has the following functions for this Act:\n(a) to review decisions under division 8.2;\n(b) to grant extensions of time under section 42;\n(c) to monitor the operation of this Act including—\n(i) the publication of open access information by agencies;\nand\n(ii) the publication of open access information by Ministers;\nand\n(iii) agency compliance with the expectations set out in the\nChief Minister’s annual statement under section 95 and\nwith the Act generally;\n(d) to make open access information declarations under section 65;\n(e) to make guidelines under section 66;\n(f) to report on the operation of this Act under section 67;\n(g) to investigate complaints made under section 69.\n(2) The ombudsman may delegate the ombudsman’s functions under this\nAct to a person mentioned in the Ombudsman Act 1989, section 32.\nNote Under the Ombudsman Act 1989, s 32, the ombudsman may delegate the\nombudsman’s functions to any person, including the deputy ombudsman,\na member of the ombudsman’s staff, a public servant, a contractor or\nconsultant, or an authorised person. However, the ombudsman must not\ndelegate a function to a person who is not a public employee without first\nbeing satisfied that the function needs to be exercised by a person who is\nnot a public employee (see that Act, s 32 (2)).\n\nDivision 7.1 Ombudsman functions and general powers\n","sortOrder":68},{"sectionNumber":"65","sectionType":"section","heading":"Open access information declarations","content":"65 Open access information declarations\n(1) The ombudsman may declare government information to be open\naccess information.\nNote Power to make a statutory instrument includes power to make different\nprovision for different categories (see Legislation Act, s 48).\n(2) Before making a declaration, the ombudsman—\n(a) must consult—\n(i) for information held by an agency—the information officer\nof each agency; and\n(ii) for information held by a Minister—each Minister; and\n(b) may consult anyone else the ombudsman considers appropriate.\n(3) The ombudsman must not declare government information that came\ninto existence before 1 January 2018 to be open access information.\n(4) A declaration is a disallowable instrument.\n","sortOrder":69},{"sectionNumber":"66","sectionType":"section","heading":"Guidelines for Act","content":"66 Guidelines for Act\n(1) The ombudsman may make guidelines for this Act.\n(2) The guidelines may make provision for 1 or more of the following:\n(a) the release of government information in response to an\ninformal request;\n(b) the application of the public interest test set out in section 17;\n(c) how, for section 25, open access information is to be kept\naccurate, up-to-date and complete;\n(d) circumstances in which, for section 107 (2) (Fee waiver),\ninformation may be of special benefit to the public generally;\n(e) anything else consistent with the objects of this Act.\n\nRole of ombudsman Part 7\nComplaints to ombudsman Division 7.2\n(3) Before making a guideline, the ombudsman—\n(a) must consult the information officer of each agency; and\n(b) may consult anyone else the ombudsman considers appropriate.\n(4) A guideline is a notifiable instrument.\n","sortOrder":70},{"sectionNumber":"67","sectionType":"section","heading":"Annual report on operation of Act","content":"67 Annual report on operation of Act\nThe ombudsman must, for each financial year, prepare a report on the\noperation of this Act during the year and give the report to the Speaker\nfor presentation to the Legislative Assembly.\n","sortOrder":71},{"sectionNumber":"68","sectionType":"section","heading":"Access to information for ombudsman review","content":"68 Access to information for ombudsman review\nThe ombudsman, in undertaking an ombudsman review, is entitled to\nfull and free access at reasonable times to all relevant government\ninformation of the agency or Minister concerned, including\ninformation subject to legal professional privilege.\nDivision 7.2 Complaints to ombudsman\n","sortOrder":72},{"sectionNumber":"69","sectionType":"section","heading":"Complaints to ombudsman","content":"69 Complaints to ombudsman\n(1) A person may complain to the ombudsman about an agency’s or\nMinister’s action, or failure to take action, in relation to any of the\nagency’s or Minister’s functions under this Act.\n(2) Without limiting subsection (1), a complaint may be about—\n(a) the adequacy of an agency’s or Minister’s response to an access\napplication; or\n(b) for an agency that has published a publication undertaking—the\nagency’s failure to comply with the undertaking or with\nsection 29 (2).\n(3) Nothing in this Act is intended to limit the ombudsman’s powers\nunder the Ombudsman Act 1989.\n\nDivision 8.1 Review of decisions—definitions and notices\nPart 8 Notification and review of\ndecisions\nDivision 8.1 Review of decisions—definitions and\nnotices\n70 Definitions—pt 8\nIn this part:\ndecision-maker, for a reviewable decision, means the agency or\nMinister that made the decision.\nreviewable decision means a decision mentioned in schedule 3,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":73},{"sectionNumber":"71","sectionType":"section","heading":"FOI reviewable decision notices and reviewable decision","content":"71 FOI reviewable decision notices and reviewable decision\nnotices\n(1) If a decision-maker makes a reviewable decision mentioned in\nschedule 3, item 2, 5 or 7, the decision-maker must give notice\n(an FOI reviewable decision notice) to each entity mentioned in\nschedule 3, column 4 in relation to the decision.\n(2) If a decision-maker makes a reviewable decision mentioned in\nschedule 3, item 3, 4 or 6, the decision-maker must give notice (also\nan FOI reviewable decision notice) to the applicant for the access\napplication that the decision relates to.\n(3) A decision-maker required to give an FOI reviewable decision notice\nto a person under subsection (1) or (2) must give the notice to the\nperson with the decision.\n(4) The FOI reviewable decision notice must state—\n(a) the decision; and\n\n(b) that the person may apply to the ombudsman for review of the\ndecision; and\n(c) how to make the application; and\n(d) the other options available under ACT laws to have the decision\nreviewed.\n(5) If the ombudsman makes a decision on an ombudsman review, the\nombudsman must give a reviewable decision notice to the participants\nin the review.\nNote The decision-maker must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n(6) A failure to comply with this section in relation to a reviewable\ndecision does not affect the validity of the decision.\n72 Onus\nIn a review under this part, a person seeking to prevent disclosure of\ngovernment information has the onus of establishing that the\ninformation is contrary to the public interest information.\n","sortOrder":74},{"sectionNumber":"73","sectionType":"section","heading":"Ombudsman review of certain decisions","content":"73 Ombudsman review of certain decisions\nAn entity mentioned in schedule 3, column 4 in relation to a\nreviewable decision may apply to the ombudsman for review of the\nreviewable decision (ombudsman review).\n","sortOrder":75},{"sectionNumber":"74","sectionType":"section","heading":"Applications for ombudsman review","content":"74 Applications for ombudsman review\n(1) An application for ombudsman review must be made within—\n(a) 20 working days after—\n(i) the day notice of the decision was published in the\ndisclosure log; or\n\n(ii) for a decision in relation to an access application for\npersonal information—the day the respondent gave the\napplicant a decision notice in relation to the application\nunder section 51; or\n(iii) for a deemed decision—the day the decision was taken to\nhave been made; or\n(iv) for a decision to make open access information available—\nthe day the information was published; or\n(v) for a decision not to make open access information\navailable because it is contrary to the public interest\ninformation—the day the matters under section 24 (2) were\npublished; or\n(b) any longer period allowed by the ombudsman.\nNote The ombudsman may extend the period even if it has ended (see\nLegislation Act, s 151C).\ndeemed decision means a decision taken to have been made under\nsection 39 (1) (a) (Deciding access—decision not made in time taken\nto be refusal to give access).\n","sortOrder":76},{"sectionNumber":"75","sectionType":"section","heading":"Notice of ombudsman review","content":"75 Notice of ombudsman review\nIf the ombudsman receives an application for ombudsman review, the\nombudsman must tell the decision-maker for the decision of the\napplication.\n","sortOrder":77},{"sectionNumber":"76","sectionType":"section","heading":"Decision-maker to tell relevant third parties etc","content":"76 Decision-maker to tell relevant third parties etc\n(1) The decision-maker, on receiving notice under section 75 of an\napplication, must tell each relevant third party consulted under\nsection 38 of the application.\n\n(2) The decision-maker must also take reasonable steps to tell any other\nperson or entity of the application if a decision by the ombudsman to\ndisclose government information that relates to the ombudsman\nreview may reasonably be expected to be of concern to the person or\nentity because—\n(a) for an individual—\n(i) the information is personal information about the\nindividual; or\n(ii) the disclosure of the information would, or could\nreasonably be expected to, affect the person’s rights under\n(b) for an entity that is a government or government agency—the\ninformation concerns the affairs of the government or agency;\nor\n(c) the information concerns the trade secrets, business affairs, or\nresearch of the person or entity.\n(3) If disclosure of government information may reasonably be expected\nto be of concern to a person because the information is personal\ninformation about the person but the person is deceased,\nsubsection (2) applies as if an eligible family member of the person\nwere the person.\n","sortOrder":78},{"sectionNumber":"77","sectionType":"section","heading":"Participants in ombudsman reviews","content":"77 Participants in ombudsman reviews\n(1) The applicant for ombudsman review and the decision-maker for the\nrelevant reviewable decision are participants in the review.\n(2) Any other person may apply to the ombudsman to participate in the\nreview.\n(3) The ombudsman may allow the person to participate in the review in\nthe way the ombudsman directs.\n\n","sortOrder":79},{"sectionNumber":"78","sectionType":"section","heading":"Ombudsman review—extension of time when decision","content":"78 Ombudsman review—extension of time when decision\nnot made in time\n(a) the respondent to an access application has not made an\napplication under section 42 (Deciding access—extension of\ntime given by ombudsman); and\n(b) a decision to refuse access to information is taken to have been\nmade under section 39 (Deciding access—decision not made in\ntime taken to be refusal to give access) (the deemed decision);\nand\nNote A decision to refuse access to information is a reviewable decision\n(see sch 3, item 4).\n(c) the ombudsman is reviewing the decision.\n(2) The respondent may apply to the ombudsman—\n(a) to set aside the deemed decision; and\n(b) for an extension of time to deal with the access application.\n(3) The ombudsman may, on application under subsection (2)—\n(a) set aside the deemed decision; and\n(b) extend the time to decide the access application.\n(4) An extension of time given by the ombudsman may be for the period\nthe ombudsman considers reasonable in the circumstances, having\nregard to—\n(a) the objects of this Act; and\n(b) the importance of encouraging timely resolution of access\n(5) The ombudsman may extend the time to decide subject to conditions.\n\n(6) If the respondent does not decide the access application within the\nextended time given by the ombudsman under this section, the\nrespondent is taken to have refused to give access to the government\ninformation applied for.\n","sortOrder":80},{"sectionNumber":"79","sectionType":"section","heading":"Notice to give information or attend ombudsman review","content":"79 Notice to give information or attend ombudsman review\n(1) If the ombudsman has reason to believe that a person has information\nrelevant to an ombudsman review, the ombudsman may give the\nperson a written notice requiring the person to give the information\nto the ombudsman.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) A notice under subsection (1) must state—\n(a) how the information is to be given to the ombudsman; and\n(b) a reasonable time at which, or a reasonable period within which,\nthe information must be given.\n(3) If the ombudsman has reason to believe that a person has information\nrelevant to an ombudsman review, the ombudsman may give the\nperson a written notice requiring the person to attend before the\nombudsman at a reasonable time and place stated in the notice to\nanswer questions relevant to the review.\n","sortOrder":81},{"sectionNumber":"80","sectionType":"section","heading":"Ombudsman direction to conduct further searches","content":"80 Ombudsman direction to conduct further searches\n(a) the ombudsman is undertaking an ombudsman review in relation\nto an access application; and\n(b) it appears that not all government information within the scope\nof the application has been identified.\n\n(2) The ombudsman may, at the request of a participant in the review or\non the ombudsman’s own initiative, direct the decision-maker or\nanother agency or Minister to conduct a further search for\nconduct a further search, for information, includes make inquiries to\nlocate the information.\n","sortOrder":82},{"sectionNumber":"80A","sectionType":"section","heading":"Informal resolution","content":"80A Informal resolution\n(1) This section applies if the ombudsman considers that a matter to\nwhich an application for ombudsman review relates may be resolved\nby an informal process.\n(2) The ombudsman may—\n(a) assist the respondent and applicant to resolve the matter\ninformally; and\n(b) suspend the application of section 82 for up to 30 working days\nfor the purpose of paragraph (a).\n","sortOrder":83},{"sectionNumber":"81","sectionType":"section","heading":"Mediation for applications","content":"81 Mediation for applications\n(1) This section applies if the ombudsman considers that a matter\n(the subject matter) to which an application for an ombudsman\nreview relates—\n(a) is suitable for mediation; and\n(b) is reasonably likely to be resolved by mediation.\n(2) The ombudsman may—\n(a) refer the subject matter to an accredited mediator for mediation;\nand\n(b) require the parties to attend the mediation; and\n\n(c) suspend the application of section 82 for up to 30 working days\nfor the purpose of paragraphs (a) and (b).\n(3) If the parties resolve the matter by mediation, the parties must tell the\nombudsman that the matter is resolved.\nNote If the respondent to an access application makes a further decision on the\napplication as a result of the mediation, the respondent must give a\ndecision notice to the applicant (see s 52).\n(4) Unless the ombudsman directs otherwise, the decision-maker—\n(a) must pay the costs of conducting the mediation; but\n(b) is not required to pay the costs incurred by the applicant or any\nother person who participates in the review.\nExamples—par (a)\n1 cost of hiring the venue for the mediation\n2 fees for the accredited mediator\n1 legal costs\n2 travel costs\n3 income lost due to participation in mediation\n(5) In this section:\naccredited mediator means a person who is entered as a mediator in\nthe register of nationally accredited mediators maintained by the\nMediator Standards Board.\nMediator Standards Board means the incorporated body registered\nunder the Corporations Act as the Mediator Standards Board Limited\n(ACN 145 829 812).\n\n","sortOrder":84},{"sectionNumber":"82","sectionType":"section","heading":"Ombudsman review","content":"82 Ombudsman review\n(1) This section applies to an application for ombudsman review.\n(2) Unless resolved informally under section 80A or by mediation under\nsection 81, the ombudsman must review the decision and—\n(a) confirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and make a substitute decision.\n(3) The ombudsman must make a decision under subsection (2) within\n30 working days after—\n(a) if the ombudsman has, under section 80A (2) or section 81 (2),\nsuspended the application of this section—the end of the period\nfor which the application of this section is suspended; or\n(b) if the ombudsman has given a written notice to a person, under\nsection 79 (1), in relation to the application—the time, or the end\nof the period, stated in the notice under section 79 (2) (b); or\n(c) in any other case—the day the application for ombudsman\nreview was made.\nExample—par (a)\nThe ombudsman receives an application for ombudsman review and makes\nattempts over a period of 20 working days to assist the parties to resolve the matter\nby an informal process under section 80A, but without success. The ombudsman\nmust make a decision within 30 working days after the end of the 20 working days\ndevoted to the attempts under section 80A.\n(4) The ombudsman may exercise any function given under this Act to\nthe agency or Minister for making the decision.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n\n(5) The ombudsman may decide not to review the decision if—\n(a) the applicant for review does not give the ombudsman enough\ninformation to review the decision; or\n(b) there is no reasonable prospect that the original decision would\nbe varied or set aside; or\n(c) the respondent makes a decision on the access application or\notherwise resolves the application; or\n(d) the ombudsman is satisfied that the review application is\nfrivolous or vexatious or involves an abuse of process; or\n(e) the ombudsman has been unable to contact the applicant for\nreview despite making reasonable efforts.\nNote If, under par (a) or (e), the ombudsman has decided not to review a\ndecision and the applicant wishes to make a new application for\nombudsman review, the longer period necessary for making the new\napplication may be allowed by the ombudsman under s 74 (1).\n(6) If the ombudsman decides to vary or set aside the decision, the\nombudsman may direct that any fee paid by the applicant for the\napplication for review be refunded.\n(7) The ombudsman must publish the ombudsman’s decision and the\nreasons for the decision as soon as practicable after making the\ndecision.\nNote The ombudsman must also give a reviewable decision notice to the\nparticipants in the review (see s 71 (5)).\n(8) The ombudsman may correct a mistake, error or omission in a\ndecision, or the reasons for a decision, made under this section.\n","sortOrder":85},{"sectionNumber":"83","sectionType":"section","heading":"Questions of law to ACAT","content":"83 Questions of law to ACAT\n(1) The ombudsman may, at the request of a participant in a review or on\nthe ombudsman’s own initiative, refer a question of law arising on the\nreview to the ACAT.\n\n(2) For this section, the ACAT must be constituted by 3 members as\nfollows:\n(a) at least 1 member must be a presidential member;\n(b) any other member must be a senior member who is a lawyer and\nhas been a lawyer for 5 years or more.\n(3) The ombudsman must not make a decision on the review while the\nreference is pending.\n(4) The ombudsman is bound by the ACAT’s decision.\n","sortOrder":86},{"sectionNumber":"84","sectionType":"section","heading":"Review of decisions by ACAT","content":"84 Review of decisions by ACAT\n(1) If the ombudsman makes a decision under section 82 (2) on an\nombudsman review, an entity that was a participant in the review may\napply to the ACAT for review of the decision.\n(2) The application must be made within—\n(a) 20 working days after the day the ombudsman’s decision was\npublished under section 82 (7); or\n(b) any longer period allowed by the ACAT.\nNote The ACAT may extend the period even if it has ended (see Legislation\nAct , s 151C).\n(3) For the review, the ACAT must be constituted by 3 members as\nfollows:\n(a) at least 1 member must be a presidential member;\n(b) any other member must be a senior member.\nNote The tribunal may join a person as a new party to the application if the\nperson has an interest in the application (see ACT Civil and\nAdministrative Tribunal Act 2008, s 29).\n\nCosts of review by ACAT or appeal to Supreme Court Division 8.4\n","sortOrder":87},{"sectionNumber":"85","sectionType":"section","heading":"Participants in review by ACAT","content":"85 Participants in review by ACAT\n(1) The applicant for ACAT review and the decision-maker for the\nrelevant reviewable decision are participants in the review.\n(2) Any other person may apply to the ACAT to participate in the review.\n(3) The ACAT may allow the person to participate in the review in the\nway the ACAT directs.\n","sortOrder":88},{"sectionNumber":"86","sectionType":"section","heading":"ACAT direction to conduct further searches","content":"86 ACAT direction to conduct further searches\n(a) the ACAT is reviewing a decision under this division in relation\nto an access application; and\n(b) it appears that not all government information within the scope\nof the application has been identified.\n(2) The ACAT may, at the request of a participant in the review or on the\nACAT’s own initiative, direct the decision-maker or another agency\nor Minister to conduct a further search for information.\nconduct a further search, for information, includes make inquiries to\nlocate the information.\n","sortOrder":89},{"sectionNumber":"Div 8","sectionType":"division","heading":"4 Costs of review by ACAT or appeal to","content":"Division 8.4 Costs of review by ACAT or appeal to\nSupreme Court\n","sortOrder":90},{"sectionNumber":"87","sectionType":"section","heading":"Costs of review by ACAT","content":"87 Costs of review by ACAT\n(a) a decision-maker applies for review under section 84 (Review\nof decisions by ACAT); and\n\nDivision 8.4 Costs of review by ACAT or appeal to Supreme Court\n(b) the decision that is the subject of the review is a decision to give\naccess to information that the decision-maker had refused to\ngive access to.\n(2) The decision-maker must pay the costs of the review.\n","sortOrder":91},{"sectionNumber":"88","sectionType":"section","heading":"Costs of appeal to Supreme Court","content":"88 Costs of appeal to Supreme Court\n(a) a decision-maker makes an application to the Supreme Court to\nappeal the decision of the ACAT on an application to the ACAT\nunder section 84; and\n(b) the decision that is the subject of the appeal is a decision to give\naccess to information that the decision-maker had refused to\ngive access to.\n(2) The decision-maker must pay the costs of the appeal.\n\nOffences Part 9\n","sortOrder":92},{"sectionNumber":"89","sectionType":"section","heading":"Making decision contrary to Act","content":"89 Making decision contrary to Act\n(a) purports to make a decision under this Act; and\n(b) knows the decision is not a decision that can be made under this\nAct.\n","sortOrder":93},{"sectionNumber":"90","sectionType":"section","heading":"Giving direction to act contrary to Act etc","content":"90 Giving direction to act contrary to Act etc\n(1) A person commits an offence if—\n(a) the person gives a direction to someone else who is required to\nexercise a function under this Act; and\n(b) the direction is to engage in conduct that is contrary to the\nrequirements of this Act; and\n(c) the person knows the conduct is contrary to the requirements of\nthis Act.\n(2) A person commits an offence if—\n(a) the person gives a direction to someone else to engage in\nconduct; and\n(b) the person gives the direction with the intention that the conduct\nwould prevent the disclosure of government information; and\n(c) the disclosure of the information would, or could reasonably be\nexpected to, be required under this Act.\n\n","sortOrder":94},{"sectionNumber":"92","sectionType":"section","heading":"Failing to identify information","content":"92 Failing to identify information\n(a) is required under this Act to identify government information\nwithin the scope of an access application; and\n(b) intentionally fails to identify the information (or any part of it).\n","sortOrder":95},{"sectionNumber":"93","sectionType":"section","heading":"Improperly influencing exercise of function","content":"93 Improperly influencing exercise of function\n(a) influences the conduct of someone else who is required to\nexercise a function under this Act; and\n(b) does so with the intention of causing the other person to engage\nin conduct that is contrary to the requirements of this Act.\n","sortOrder":96},{"sectionNumber":"94","sectionType":"section","heading":"Gaining unlawful access to government information","content":"94 Gaining unlawful access to government information\n(a) intentionally deceives or misleads a person who is exercising a\nfunction under this Act; and\n(b) does so with the intention of gaining access to government\n\n","sortOrder":97},{"sectionNumber":"95","sectionType":"section","heading":"Annual statements by Chief Minister","content":"95 Annual statements by Chief Minister\n(1) Each year the Chief Minister must issue a statement about improving\nthe public accessibility of government information.\n(2) The statement must set out the government’s—\n(a) aims for increasing proactive disclosure of government\ninformation and reducing the need for members of the public to\nmake access applications; and\n(b) expectations of agencies for the provision of government\n(c) response to address information access issues identified by the\nombudsman in the previous 12 months.\n(3) In preparing the statement, the Chief Minister must—\n(a) consider the ombudsman’s most recent report under section 67\n(Annual report on operation of Act) and may ask the\nombudsman for additional information; and\n(b) consult the information officer of each agency.\n(4) A statement is a notifiable instrument.\n","sortOrder":98},{"sectionNumber":"96","sectionType":"section","heading":"Annual reports to Legislative Assembly","content":"96 Annual reports to Legislative Assembly\n(1) The principal officer of an agency must, for each financial year,\nprepare a report on the operation of this Act in relation to the agency\nduring the year (an agency annual report).\n(2) Each Minister must, for each financial year—\n(a) prepare a report on the operation of this Act in relation to the\nMinister during the year (the Minister’s annual report); and\n\n(b) present the Minister’s annual report and the agency annual\nreport of each agency the Minister is responsible for, to the\nLegislative Assembly when the report for the agency under the\nAnnual Reports (Government Agencies) Act 2004 must be\npresented to the Assembly.\n(3) An agency annual report and a Minister’s annual report must set out\nparticulars of the operations of the agency or Minister under this Act\nduring the year, including—\n(a) the number of each of the following:\n(i) decisions to publish open access information under\nsection 24 (1);\n(ii) decisions not to publish open access information under\nsection 24 (1);\n(iii) decisions under section 24 (2) (a) not to publish a\ndescription of open access information not made available;\n(iv) access applications received;\n(v) access applications decided within the time to decide under\nsection 40;\n(vi) access applications not decided within the time to decide\nunder section 40;\n(vii) access applications where access to all information\nrequested was given;\n(viii) access applications where access to only some of the\ninformation requested was given;\n(ix) access applications where access to the information\nrequested was refused;\n(x) requests made to amend personal information under\nsection 59; and\n\n(b) the number of applications made to the ombudsman under\nsection 74 and particulars of the results of the applications; and\n(c) the number of applications made to the ACAT under section 84\nand particulars of the results of the applications; and\n(d) for each access application mentioned in subsection (3) (a)\n(vi)—the number of days taken to decide the application over\nthe time to decide under section 40; and\n(e) for each request to amend personal information mentioned in\nsubsection (3) (a) (x)—the decision made under section 61; and\n(f) the total charges and application fees collected from access\n","sortOrder":99},{"sectionNumber":"97","sectionType":"section","heading":"How government information to be published","content":"97 How government information to be published\n(1) If an agency or Minister responsible for government information is\nrequired under a territory law to publish the information or make it\npublicly available, the agency or Minister must (in addition to any\nother requirement under that law)—\n(a) publish the information on a website under its control, or include\non the website a link to another website where the information\nis published; and\n(b) make a hard copy of the information available for public\ninspection on request and without charge during ordinary\nworking hours at the agency’s or Minister’s place of business.\n(2) The agency or Minister must as far as practicable publish the\n(a) either—\n(i) in a way that complies with the web content accessibility\nguidelines, level AA; or\n\n(ii) if another way is prescribed by regulation—in that way;\nand\n(b) in a form that provides at least the same range of functions to\nthe user of the information as was available to the agency or\nMinister before the information was published.\n1 electronically searchable text document\n2 unsecured text document that allows a user to copy and paste from the\ndocument\nNote This Act does not affect the operation of another law requiring disclosure\n(see s 11).\n","sortOrder":100},{"sectionNumber":"98","sectionType":"section","heading":"Access applications taken not to include application for","content":"98 Access applications taken not to include application for\naccess to metadata\n(1) An access application for government information is taken not to\ninclude an application for access to metadata about a record\ncontaining the information unless the access application expressly\nstates that it does.\n(2) If an access application for government information expressly states\nthat access to metadata about a record containing the information is\nsought, access to the metadata does not need to be given unless access\nis reasonably practicable.\nmetadata about a record, includes information about the record’s\ncontent, author, publication date and physical location.\n","sortOrder":101},{"sectionNumber":"99","sectionType":"section","heading":"Administrative unit entitled to access information of","content":"99 Administrative unit entitled to access information of\nentity performing regulatory function\nIf an entity that is not an agency performs a regulatory function under\na territory law, the administrative unit responsible for the law is\nentitled to access information held by the entity that relates to the\nexercise of the function.\n\n","sortOrder":102},{"sectionNumber":"100","sectionType":"section","heading":"Agency entitled to access to information about","content":"100 Agency entitled to access to information about\ngovernment contracts\n(1) This section applies to an agency if a service is, or is to be, provided\nunder a government contract in connection with the exercise of a\nfunction of the agency.\n(2) The agency is entitled to access information that—\n(a) is created by, or is in the possession of—\n(i) a contracted service provider for the government contract;\nor\n(ii) a subcontractor for the government contract; and\n(b) relates to the performance of the government contract and not to\nthe entry into the contract.\ncontracted service provider, for a government contract, means an\nentity that is, or was—\n(a) a party to the government contract; and\n(b) responsible for the provision of services under the government\ncontract.\ngovernment contract means a contract to which the following apply:\n(a) the Territory or an agency is, or was, a party to the contract;\n(b) under the contract, services are or were to be provided—\n(i) by another party; and\n(ii) for an agency; and\n(iii) to a person who is not the Territory or an agency;\n(c) the services are in connection with the exercise of the functions\nof an agency.\n\nsubcontractor, for a government contract, means an entity—\n(a) that is, or was, a party to a contract (the subcontract)—\n(i) with a contracted service provider for the government\ncontract; or\n(ii) with another subcontractor for the government contract\n(under a previous application of this definition); and\n(b) that is, or was, responsible under the subcontract for the\nprovision of services for the purposes (whether direct or\nindirect) of the government contract.\n","sortOrder":103},{"sectionNumber":"101","sectionType":"section","heading":"Government information of abolished agencies","content":"101 Government information of abolished agencies\n(1) This section applies if an agency is abolished.\n(2) Any access application made to the abolished agency, and any\ndecision made by the abolished agency in relation to an access\napplication, is taken to have been made to or by—\n(a) the agency that acquired the abolished agency’s functions; or\n(b) if the abolished agency’s functions are acquired by more than\n1 other agency—whichever of the other agencies has acquired\nthe functions of the abolished agency that are most clearly\nrelated to the subject matter of the application; or\n(c) if no agency acquired the abolished agency’s functions—the\nagency with functions most similar to those functions.\n(3) If the agency to which an access application is taken to have been\nmade, or by which a decision on an access application is taken to have\nbeen made, under subsection (2) was not itself in existence when the\napplication or decision was taken to have been made, then, for the\npurpose only of dealing with the request or decision under this Act,\nthat agency is taken to have been in existence at that time.\n\n","sortOrder":104},{"sectionNumber":"102","sectionType":"section","heading":"Transfer of Ministerial responsibility","content":"102 Transfer of Ministerial responsibility\nA Minister in possession of government information relating to an\nagency the Minister is responsible for must, when no longer\nresponsible for the agency, give the information to the agency.\n","sortOrder":105},{"sectionNumber":"103","sectionType":"section","heading":"Protection from liability","content":"103 Protection from liability\n(1) An official is not civilly or criminally liable for conduct engaged in\nhonestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\nconduct means an act or omission to do an act.\nofficial means—\n(a) a Minister; or\n(b) the principal officer of an agency; or\n(c) the information officer of an agency; or\n(d) the ombudsman; or\n(e) anyone else exercising a function under this Act.\n","sortOrder":106},{"sectionNumber":"104","sectionType":"section","heading":"Determination of fees","content":"104 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A fee for a service must not vary according to—\n(a) the identity of an applicant, agency or Minister; or\n(b) the amount of time spent by an agency or Minister in—\n(i) searching for or retrieving information; or\n\n(ii) making, or doing things related to making, a decision on an\naccess application.\n(3) A fee for a service may vary according to the amount of information\nprovided in response to the application.\n(4) However, the first 50 pages of information provided in response to an\napplication must be provided free of charge.\n(5) The Minister must consult the ombudsman before determining a fee.\n(6) A determination is a disallowable instrument.\nfee includes charge.\n","sortOrder":107},{"sectionNumber":"105","sectionType":"section","heading":"No fees for certain matters","content":"105 No fees for certain matters\n(1) A fee must not be determined for—\n(a) making an access application for personal information about the\napplicant; or\n(b) making an access application for additional information as\nmentioned in section 36 (3); or\n(c) making an application for ombudsman review of a decision\nrefusing to give access to information if the decision is taken to\nhave been made under section 39.\n(2) Subsection (1) (b) does not prevent a fee being determined for\nproviding information in response to an application mentioned in that\nsubsection.\n","sortOrder":108},{"sectionNumber":"106","sectionType":"section","heading":"Fee estimate","content":"106 Fee estimate\n(1) The respondent to an access application may give the applicant a\nwritten estimate of the fee (if any) likely to be payable for information\nprovided in response to the application (the fee estimate).\n\n(2) If the fee estimate is that a fee is payable, the respondent must ask the\napplicant to confirm or vary the access application.\n(3) The respondent may suspend an access application if—\n(a) the respondent has taken all reasonable steps to contact the\napplicant about the fee estimate; and\n(b) either—\n(i) the respondent is unable to contact the applicant; or\n(ii) the applicant does not confirm or vary the application.\n(4) If the access application is suspended, the respondent must, in\nwriting, tell the applicant—\n(a) that the application has been suspended; and\n(b) about the effect of subsection (5).\n(5) The respondent—\n(a) must decide the application if the applicant confirms or varies\nthe application within 3 months after the request was made; but\n(b) need not deal further with the application if it is suspended under\nsubsection (3) for 3 months or longer.\n(6) Subsection (5) (b) does not prevent the applicant from making\nanother access application for the same information.\n","sortOrder":109},{"sectionNumber":"107","sectionType":"section","heading":"Fee waiver","content":"107 Fee waiver\n(1) A person making an access application to an agency or Minister may\napply to the agency or Minister for waiver of a fee associated with the\napplication.\n(2) The agency or Minister must waive the fee if—\n(a) the information that is the subject of the request was previously\npublicly available but is no longer publicly available; or\n\n(b) the information that is the subject of the request is of special\nbenefit to the public; or\nNote The ombudsman may make guidelines about circumstances in\nwhich information may be of special benefit to the public generally\n(see s 66).\n(c) the applicant is a concession card holder and demonstrates a\nmaterial connection with the information requested; or\n(d) the applicant is a not-for-profit organisation and the application\nrelates to the activities or purposes of the organisation; or\n(e) the applicant is a member of the Legislative Assembly.\n(3) Also, the agency or Minister must waive or refund the fee if—\n(a) the fee is for providing information; and\n(b) the information was not publicly available when the application\nwas made; and\n(c) the agency makes the information publicly available before or\nwithin 3 working days after giving it to the applicant.\nconcession card means any of the following cards:\n(a) a current health care card issued under the Social Security\nAct 1991 (Cwlth);\n(b) a current pensioner concession card issued under the Social\nSecurity Act 1991 (Cwlth);\n(c) a current pensioner concession card issued in relation to a\npension under the Veterans’ Entitlements Act 1986 (Cwlth) or\nthe Military Rehabilitation and Compensation Act 2004\n(Cwlth);\n(d) a current gold card;\n(e) a card prescribed by regulation.\n\ngold card means a card known as the ‘Repatriation Health Card–For\nAll Conditions’ that evidences a person’s eligibility, under the\nVeterans’ Entitlements Act 1986 (Cwlth) or the Military\nRehabilitation and Compensation Act 2004 (Cwlth), to be provided\nwith treatment for all injuries or diseases.\n","sortOrder":110},{"sectionNumber":"108","sectionType":"section","heading":"Approved forms","content":"108 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for the purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":111},{"sectionNumber":"109","sectionType":"section","heading":"Regulation-making power","content":"109 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) The Executive must consult the ombudsman before making a\nregulation for this Act.\n\nSection 1.1\nSchedule 1 Information disclosure of\nwhich is taken to be contrary to\nthe public interest\n(see s 16)\n1.1 Information disclosure of which would be contempt of\ncourt or Legislative Assembly etc\nInformation the disclosure of which would, apart from this Act and\nany immunity of the Crown—\n(a) be in contempt of court; or\n(b) be contrary to an order made or direction given by a tribunal or\nother entity having power to take evidence on oath; or\nExamples\n1 board of inquiry under the Inquiries Act 1991\n2 commission under the Judicial Commissions Act 1994\n3 royal commission under the Royal Commissions Act 1991\n(c) infringe the privileges of—\n(i) the Legislative Assembly; or\n(ii) a house of the Commonwealth parliament; or\n(iii) the parliament of a State; or\n(iv) the Legislative Assembly of the Northern Territory.\n1.1A Information in possession of a court or tribunal\n(1) Information in the possession of a court or tribunal unless the\ninformation is administrative in nature.\ncourt includes—\n(a) a registry or other office of a court or tribunal; and\n(b) the staff of the registry or office.\n\nSection 1.1B\n1.1B Information related to integrity commission matters\n(1) Information in the possession of the integrity commission, the\nintegrity commission inspector, a special investigator or another\nentity, that would, or could reasonably be expected to—\n(a) identify a person who has given information to the integrity\ncommission or integrity commission inspector, or allow the\nidentity of the person to be worked out; or\n(b) adversely affect a preliminary inquiry, or an investigation, under\nthe Integrity Commission Act 2018; or\n(c) disclose, or adversely affect the effectiveness of, a method or\nprocedure used by the integrity commission or integrity\ncommission inspector, to investigate or otherwise deal with a\ncomplaint; or\n(d) endanger the life or physical safety of a person who—\n(i) carries out a function for the integrity commission or\nintegrity commission inspector; or\n(ii) has given information to the integrity commission or\nintegrity commission inspector.\ncomplaint—see the Integrity Commission Act 2018, section 287.\nspecial investigator—see the Integrity Commission Act 2018,\nsection 286 (2).\n1.2 Information subject to legal professional privilege\nInformation that would be privileged from production or admission\ninto evidence in a legal proceeding on the ground of legal professional\nprivilege.\n\nSection 1.3\n1.3 Information disclosure of which is prohibited under law\n(1) Information that is confidential under the Adoption Act 1993,\nsection 60.\n(2) Information that is protected information under the Children and\nYoung People Act 2008, section 844, other than information that—\n(a) is disclosed to a person to whom it relates; and\n(b) is not sensitive information under that Act, section 845.\n(3) Information that is protected information under the Crimes (Child Sex\nOffenders) Act 2005, section 133A.\n(4) Information that is protected information under the Crimes\n(Restorative Justice) Act 2004, section 64.\n(5) Information that is protected information under the Housing\nAssistance Act 2007, section 28 other than information disclosed to a\nperson to whom the information relates.\n(6) Any other information the disclosure of which is prohibited by a\nsecrecy provision of a law.\nsecrecy provision—a provision of a law is a secrecy provision if it—\n(a) applies to information obtained in the exercise of a function\nunder the law; and\n(b) prohibits people mentioned in the provision from disclosing the\ninformation, whether the prohibition is absolute or subject to\nstated exceptions or qualifications.\n1.4 Sensitive information\nInformation the disclosure of which would involve the unreasonable\ndisclosure of sensitive information about any individual (including a\ndeceased person).\n\nSection 1.5\n1.5 Information in possession of auditor-general\nInformation in the possession of the auditor-general that has been\nobtained or generated in relation to an audit under the\nAuditor-General Act 1996.\n1.6 Cabinet information\n(1) Information—\n(a) that has been submitted, or that a Minister proposes to submit,\nto Cabinet for its consideration and that was brought into\nexistence for that purpose; or\n(b) that is an official record of Cabinet; or\n(c) that is a copy of, or part of, or contains an extract from,\ninformation mentioned in paragraph (a) or (b); or\n(d) the disclosure of which would reveal any deliberation of Cabinet\n(other than through the official publication of a Cabinet\ndecision).\n(2) Subsection (1) does not apply to purely factual information that—\n(a) is mentioned in subsection (1) (a); or\n(b) is mentioned in subsection (1) (b) or (c) and is a copy of, or part\nof, or contains an extract from, a document mentioned in\nsubsection (1) (a);\nunless the disclosure of the information would involve the disclosure\nof a deliberation or decision of Cabinet and the fact of the deliberation\nor decision has not been officially published.\nCabinet includes a Cabinet committee or subcommittee.\n\nSection 1.7\n1.7 Examinations under Australian Crime Commission (ACT)\nAct 2003\nInformation obtained through an examination conducted under the\nAustralian Crime Commission (ACT) Act 2003, section 20.\n1.8 Information in possession of human rights commission\nInformation in the possession of the human rights commission that\nhas been obtained or generated in relation to—\n(a) a commission-initiated consideration under the Human Rights\nCommission Act 2005, section 48; or\n(b) a complaint made under the Human Rights Commission\nAct 2005, part 4.\n1.9 Identities of people making disclosures\n(1) Information that would, or could reasonably be expected to, disclose\nthe identity of a person who has made—\n(a) a public interest disclosure under the Public Interest Disclosure\nAct 2012; or\n(b) a mandatory or voluntary report under the Children and Young\nPeople Act 2008; or\n(c) a confidential report under the Children and Young People\nAct 2008, section 876.\n(2) Information that would, or could reasonably be expected to, disclose\nthe identity of a person who gives information, produces a document\nor answers a question in relation to an investigation of a public\ninterest disclosure under the Public Interest Disclosure Act 2012.\n\nSection 1.10\n1.10 Information relating to requests to cost election\ncommitments\nInformation about requests to cost election commitments under the\nElection Commitments Costing Act 2012, section 5 unless the costing\nperiod in which the request was made has ended.\n1.11 Information in electoral rolls and related documents\n(1) Information in any of the following documents other than information\ndisclosed to a person to whom it relates:\n(a) an electoral roll, whether in printed or electronic form or on\nmicrofiche or microfilm;\n(b) a copy of a document mentioned in paragraph (a);\n(c) a document setting out particulars of only 1 enrolled person that\nwas used in keeping an electoral roll;\n(d) a copy of a document mentioned in paragraph (c);\n(e) a document containing only copies mentioned in paragraph (d);\n(f) a document derived from an electoral roll setting out particulars\nof enrolled people.\nelectoral roll means—\n(a) a roll of electors kept under the Electoral Act 1992; or\n(b) a roll extract within the meaning of the Electoral Act 1992.\n1.12 Information in possession of ombudsman\nInformation in the possession of the ombudsman that has been\nobtained or generated in relation to—\n(a) an ombudsman review; or\n\nSection 1.13\n(b) an investigation undertaken by the ombudsman under the\nOmbudsman Act 1989, section 9; or\n(c) a function exercised under the Ombudsman Act 1989,\ndivision 2.2A (Reportable conduct).\n1.13 National, Territory or State security information\n(1) Information the disclosure of which would, or could reasonably be\nexpected to damage the security of the Commonwealth, the Territory\nor a State.\n(2) For subsection (1), the security of the Commonwealth includes—\n(a) matters relating to detecting, preventing or suppressing\nactivities, whether within or outside Australia, that are\nsubversive of, or hostile to, the interests of the Commonwealth\nor a country allied or associated with the Commonwealth; and\n(b) the security of a communications system or cryptographic\nsystem of the Commonwealth or another country used for—\n(i) the defence of the Commonwealth or a country allied or\nassociated with the Commonwealth; or\n(ii) the conduct of the international relations of the\nCommonwealth.\n(3) For subsection (1), the security of the Territory or State includes\nmatters relating to detecting, preventing or suppressing activities\nwithin or outside the Territory or State, that are subversive of, or\nhostile to, the interests of the Territory or a State.\n1.14 Law enforcement or public safety information\n(1) Information the disclosure of which would, or could reasonably be\nexpected to—\n(a) prejudice the investigation of a contravention or possible\ncontravention of the law in a particular case; or\n\nSection 1.14\n(b) identify the existence or identity of a confidential source of\ninformation in relation to the enforcement or administration of\nthe law; or\n(c) endanger a person’s life or physical safety; or\n(d) result in a person being subject to a serious act of harassment or\nintimidation; or\n(e) prejudice a person’s fair trial or the impartial adjudication of a\nmatter before a court or tribunal; or\n(f) prejudice the effectiveness of a lawful method or procedure for\npreventing, detecting, investigating or dealing with a\ncontravention or possible contravention of the law; or\n(g) prejudice the maintenance or enforcement of a lawful method or\nprocedure for protecting public safety; or\n(h) endanger the security of a building, structure or vehicle; or\n(i) prejudice a system or procedure for the protection of people,\nproperty or the environment; or\n(j) facilitate a person’s escape from lawful custody; or\n(k) prejudice the wellbeing of a cultural or natural resource or the\nhabitat of animals or plants.\n(2) Information given in the course of an investigation of a contravention\nor possible contravention of the law if the information was given\nunder compulsion under an Act that abrogated the privilege against\nself-incrimination.\n(3) Information obtained, used or prepared for an investigation by an\nentity prescribed by regulation in the exercise of a function prescribed\nby regulation.\n(4) However this section does not apply to—\n(a) information revealing that the scope of a law enforcement\ninvestigation has exceeded the limits imposed by law; or\n\nSection 1.15\n(b) information containing a general outline of the structure of a\nprogram adopted by an agency for dealing with a contravention\nor possible contravention of the law; or\n(c) a report on the degree of success achieved in a program adopted\nby an agency for dealing with a contravention or possible\ncontravention of the law; or\n(d) a report prepared in the course of a routine law enforcement\ninspection or investigation by an agency whose functions\ninclude that of enforcing the law (other than the criminal law or\nthe law relating to corruption); or\n(e) a report on a law enforcement investigation that has already been\ndisclosed to the entity the subject of the investigation.\n(5) In this section:\nlaw includes law of the Commonwealth, a State or a foreign country.\n1.15 Information in possession of custodial inspector\nInformation in the possession of the custodial inspector appointed\nunder the Custodial Inspector Act 2017, section 9 that has been\nobtained or generated in relation to an examination or review\nconducted under that Act, section 18.\n1.16 Information in the possession of the ACT national\npreventive mechanism\nInformation in the possession of the ACT National Preventive\nMechanism established under the Monitoring of Places of Detention\n(Optional Protocol to the Convention Against Torture) Act 2018,\nsection 8C that has been obtained or generated in relation to an\nexamination of the treatment of detainees in places of detention under\nthat Act, division 1A.3.\n\nSection 2.1\nSchedule 2 Factors to be considered when\ndeciding the public interest\n(see s 17 (1))\n2.1 Factors favouring disclosure in the public interest\nThe following are factors favouring disclosure in the public interest:\n(a) disclosure of the information could reasonably be expected to\ndo any of the following:\n(i) promote open discussion of public affairs and enhance the\ngovernment’s accountability;\n(ii) contribute to positive and informed debate on important\nissues or matters of public interest;\n(iii) inform the community of the government’s operations,\nincluding the policies, guidelines and codes of conduct\nfollowed by the government in its dealings with members\nof the community;\n(iv) ensure effective oversight of expenditure of public funds;\n(v) allow or assist inquiry into possible deficiencies in the\nconduct or administration of an agency or public official;\n(vi) reveal or substantiate that an agency or public official has\nengaged in misconduct or negligent, improper or unlawful\nconduct or has acted maliciously or in bad faith;\n(vii) advance the fair treatment of individuals and other entities\nin accordance with the law in their dealings with the\ngovernment;\n(viii) reveal the reason for a government decision and any\nbackground or contextual information that informed the\ndecision;\n\nSchedule 2 Factors to be considered when deciding the public interest\nSection 2.1\n(ix) reveal that the information was—\n(A) incorrect; or\n(B) out-of-date; or\n(C) misleading; or\n(D) gratuitous; or\n(E) unfairly subjective; or\n(F) irrelevant;\n(x) contribute to the protection of the environment;\n(xi) reveal environmental or health risks or measures relating\nto public health and safety;\n(xii) contribute to the maintenance of peace and order;\n(xiii) contribute to the administration of justice generally,\nincluding procedural fairness;\n(xiv) contribute to the administration of justice for a person;\n(xv) contribute to the enforcement of criminal law;\n(xvi) contribute to innovation and the facilitation of research;\n(b) the information is personal information of—\n(i) the person making the request; or\n(ii) a child and the information is to be given to the child’s\nparent or guardian and the disclosure of the information to\nthe child’s parent or guardian is reasonably considered to\nbe in the best interests of the child; or\n(iii) a deceased person and the person making the request for\nthe information is an eligible family member of the\ndeceased person.\n\nSection 2.2\n2.2 Factors favouring nondisclosure in the public interest\nThe following are factors favouring nondisclosure in the public\ninterest:\n(a) disclosure of the information could reasonably be expected to\ndo any of the following:\n(i) prejudice the collective responsibility of Cabinet or the\nindividual responsibility of members to the Assembly;\n(ii) prejudice the protection of an individual’s right to privacy\nor any other right under the Human Rights Act 2004;\n(iii) prejudice security, law enforcement or public safety;\n(iv) impede the administration of justice generally, including\nprocedural fairness;\n(v) impede the administration of justice for a person;\n(vi) prejudice the security or good order of a correctional\ncentre;\n(vii) impede the protection of the environment;\n(viii) prejudice the economy of the Territory;\n(ix) prejudice the flow of information to the police or another\nlaw enforcement or regulatory agency;\n(x) prejudice intergovernmental relations;\n(xi) prejudice trade secrets, business affairs or research of an\nagency or person;\n(xii) prejudice an agency’s ability to obtain confidential\n(xiii) prejudice the competitive commercial activities of an\nagency;\n\nSchedule 2 Factors to be considered when deciding the public interest\nSection 2.2\n(xiv) prejudice the conduct of considerations, investigations,\naudits or reviews by the ombudsman, auditor-general,\nintegrity commission, integrity commission inspector or\nhuman rights commission;\n(xv) prejudice the management function of an agency or the\nconduct of industrial relations by an agency;\n(xvi) prejudice a deliberative process of government;\n(xvii) prejudice the effectiveness of testing or auditing\nprocedures;\n(xviii) prejudice the conservation of any place or object of natural,\ncultural or heritage value, or reveal any information\nrelating to Aboriginal or Torres Strait Islander traditional\nknowledge;\n(b) the information—\n(i) is personal information of a child and the disclosure of the\ninformation is reasonably considered not to be in the best\ninterests of the child; or\n(ii) would be privileged from production in a legal proceeding\non the ground of legal professional privilege; or\n(iii) is personal information of a deceased person and the person\nmaking the request is an eligible family member of the\ndeceased person and the disclosure of the information\ncould reasonably be expected to impact on the deceased\nperson’s privacy if the deceased person were alive; or\n(iv) is information disclosure of which is prohibited by an Act\nof the Territory, a State or the Commonwealth; or\n(v) is about unsubstantiated allegations of misconduct or\nunlawful, negligent or improper conduct and disclosure of\nthe information could prejudice the fair treatment of an\nindividual.\n\nSection 2.3\n2.3 Meaning of eligible family member—sch 2\n(1) For this schedule, eligible family member, of a deceased person,\nmeans—\n(a) a domestic partner of the deceased person; or\n(b) if a domestic partner is not reasonably available—an adult child\nof the deceased person; or\n(c) if a domestic partner or adult child is not reasonably available—\nan adult sibling of the deceased person; or\n(d) if a person mentioned in paragraph (a), (b) or (c) is not\nreasonably available and the deceased person was not an\nAboriginal or Torres Strait Islander person—the next nearest\nadult relative of the deceased person who is reasonably\navailable; or\n(e) if a person mentioned in paragraph (a), (b) or (c) is not\nreasonably available and the deceased person was an Aboriginal\nor Torres Strait Islander person—a person who is an appropriate\nperson according to the tradition or custom of the Aboriginal or\nTorres Strait Islander community to which the deceased person\nbelonged and who is reasonably available.\nNote Domestic partner—see the Legislation Act, s 169 (1).\n(2) For this section, a person is not reasonably available if a person of\nthat description—\n(a) does not exist; or\n(b) cannot reasonably be contacted; or\n(c) is unable or unwilling to act as the eligible family member of the\ndeceased person for the purposes of this Act.\n\n","sortOrder":112},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 3 Reviewable decisions\nSchedule 3 Reviewable decisions\n(see pt 8)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 24 (1) make open access\ninformation publicly\navailable\nperson whose interests are\naffected\n2 24 (1) not make open access\ninformation publicly\navailable\n3 35 (1) (a) give access to\ngovernment\napplicant, relevant third\nparty\n4 35 (1) (b) government\ninformation not held\n5 35 (1) (c) refuse to give access to\ngovernment\n6 35 (1) (d) refuse to deal with\napplication\napplicant, person whose\ninterests are affected\n7 35 (1) (e) refuse to confirm or\ndeny government\ninformation held\n8 61 (1) (b) refuse to amend\npersonal information\napplicant\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• administrative unit\n• auditor-general\n• document\n• human rights commission\n• integrity commission\n• law\n• officer of the Assembly\n• ombudsman\n• reviewable decision notice\n• territory law\n• territory-owned corporation\n• working day.\naccess application means an application under section 30 for access\nto government information.\nagency—see section 15.\nclarification request—see section 34 (3).\ncontrary to the public interest information—see section 16.\ndecision-maker, for a reviewable decision, for part 8 (Notification\nand review of decisions)—see section 70.\ndecision notice—see section 51 (1).\ndisclosure log—see section 28.\neligible family member, of a deceased person, for schedule 2 (Factors\nto be considered when deciding the public interest)—see schedule 2,\nsection 2.3.\ngovernment information—see section 14.\n\nheld, in relation to information—see section 14.\ninformation officer, of an agency, means the person appointed as the\nagency’s information officer under section 18.\nintegrity commission inspector means the inspector of the integrity\ncommission under the Integrity Commission Act 2018.\nombudsman review—see section 73.\nopen access information, of an agency or a Minister—see section 23.\npersonal information—\n(a) means information or an opinion (including information\nforming part of a database), whether true or not, about an\nindividual whose identity is apparent, or can reasonably be\nascertained, from the information or opinion; but\n(b) for an individual who is or has been an officer of an agency or\nstaff member of a Minister, does not include information\nabout—\n(i) the individual’s position or functions as an officer or staff\nmember; or\n(ii) things done by the individual in exercising functions as an\nofficer or staff member.\npolicy document—see section 23.\nprincipal officer, of an agency, means—\n(a) for an administrative unit—the director-general of the\nadministrative unit; or\n(b) for the Supreme Court, Magistrates Court, Coroner’s Court or\nACAT—the chief executive officer appointed under the Court\nProcedures Act 2004, section 11A (1); or\n(c) for the Office of the Legislative Assembly—the clerk of the\nLegislative Assembly; or\n(d) for an officer of the Assembly—the officer; or\n\n(e) for a statutory office-holder and the staff assisting the statutory\noffice-holder—the statutory office-holder; or\n(f) for a territory-owned corporation or a subsidiary of a\nterritory-owned corporation—the chief executive officer of the\ncorporation or subsidiary; or\n(g) for a royal commission, board of inquiry or judicial\ncommission—the director-general of the administrative unit that\nprovides secretariat support to the Executive; or\n(h) for any other agency—the person prescribed by regulation to be\nthe principal officer of the agency.\npublication undertaking—see section 29.\npublic official—see the Criminal Code, section 300.\nrecord—\n(a) means any document or other source of information compiled,\nrecorded or stored in written form or by electronic process, or in\nany other manner or by any other means; and\n(b) includes a reference to a copy of the record.\nrelevant third party—see section 38 (1).\nrespondent, in relation to an access application—see section 34 (1).\nreviewable decision, for part 8 (Notification and review of\ndecisions)—see section 70.\nsensitive information—see the Information Privacy Act 2014,\nsection 14.\nweb content accessibility guidelines means the guidelines\nrecommended by the World Wide Web Consortium on\n11 December 2008 for making web content more accessible.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":113},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation history 3\n3 Legislation history\nFreedom of Information Act 2016 A2016-55\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nremainder commenced 1 January 2018 (s 2 as am by A2017-14 s 19)\nas amended by\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 pt 7\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\nss 20-23 commenced 1 January 2018 (s 2 (3) and see A2016-55\ns 2 (as am by A2017-14 s 19))\npt 7 remainder commenced 24 May 2017 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2017\n(No 3) A2017-38 pt 11\nnotified LR 9 November 2017\ns 1, s 2 commenced 9 November 2017 (LA s 75 (1))\npt 11 commenced 1 January 2018 (s 2 (3) (a) and see A2016-55\ns 2 (as am by A2017-14 s 19))\nStatute Law Amendment Act 2018 A2018-42 sch 1 pt 1.1\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 1 pt 1.1 commenced 22 November 2018 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2019\nA2019-17 pt 5\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\npt 5 commenced 21 June 2019 (s 2)\nIntegrity Commission Act 2018 A2018-52 sch 1 pt 1.10 (as am by\nA2019-18 s 4)\nnotified LR 11 December 2018\ns 1, s 2 commenced 11 December 2018 (LA s 75 (1))\nsch 1 pt 1.10 commenced 1 July 2019 (s 2 (1) as am by A2019-18 s 4)\n\n3 Legislation history\nIntegrity Commission Amendment Act 2019 A2019-18 s 4\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\ns 4 commenced 1 July 2019 (s 2 (1))\nNote This Act only amends the Integrity Commission Act 2018\nA2018-52.\nFreedom of Information Amendment Act 2019 A2019-37\nnotified LR 10 October 2019\ns 1, s 2 commenced 10 October 2019 (LA s 75 (1))\nremainder commenced 15 October 2019 (s 2 and CN2019-16)\nPublic Interest Disclosure Amendment Act 2020 A2020-46 sch 1\npt 1.1\nnotified LR 4 September 2020\ns 1, s 2 commenced 4 September 2020 (LA s 75 (1))\nsch 1 pt 1.1 commenced 4 March 2021 (s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2021\n(No 2) A2021-33 pt 10\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\npt 10 commenced 1 January 2022 (s 2 (4) (a))\nFreedom of Information Amendment Act 2023 A2023-16\nnotified LR 17 May 2023\ns 1, s 2 commenced 17 May 2023 (LA s 75 (1))\nremainder commenced 24 May 2023 (s 2)\nJustice and Community Safety Legislation Amendment Act 2023\n(No 2) A2023-42 sch 1 pt 1.1\nnotified LR 8 November 2023\ns 1, s 2 commenced 8 November 2023 (LA s 75 (1))\nsch 1 pt 1.1 commenced 9 November 2023 (s 2)\nJustice and Community Safety Legislation Amendment Act 2023\n(No 3) A2023-57 pt 9\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 9 commenced 12 December 2023 (s 2 (1))\n\nLegislation history 3\nAssisted Reproductive Technology Act 2024 A2024-7 s 134\nnotified LR 28 March 2024\ns 1, s 2 commenced 28 March 2024 (LA s 75 (1))\ns 134 commenced 28 September 2024 (s 2 (2) and LA s 79)\nMonitoring of Places of Detention Legislation Amendment Act 2024\nA2024-41 sch 1 pt 1.4\nnotified LR 17 September 2024\ns 1, s 2 commenced 17 September 2024 (LA s 75 (1))\nsch 1 pt 1.4 commenced 18 September 2024 (s 2 (1))\nIntegrity Legislation Amendment Act 2024 A2024-47 pt 2\nnotified LR 19 September 2024\ns 1, s 2 commenced 19 September 2024 (LA s 75 (1))\npt 2 commenced 26 September 2024 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.79\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.79 commenced 16 December 2025 (s 2 (6))\n\nCommencement\ns 2 am A2017-14 s 19\nom LA s 89 (4)\nRelationship with Assisted Reproductive Technology Act 2024\ns 11A ins A2024-7 s 134\nMeaning of agency\ns 15 am A2017-38 s 30\nMeaning of contrary to the public interest information\ns 16 sub A2023-16 s 4\nam A2024-47 s 4, s 5\nPublic interest test\ns 17 am A2023-16 s 5\nInformation officers—appointment\ns 18 am A2025-29 amdt 4.79\nInformation officers—functions\ns 19 am A2017-38 s 31; A2019-17 ss 12-14; pars renum R4 LA\nWhat is open access information?\ns 23 am A2017-14 s 20, s 21; A2019-37 s 4, s 5; A2021-33 s 18\nOpen access information—deletion of contrary to the public interest\ns 26 am A2023-16 s 6\nRequirement for disclosure log\ns 28 am A2019-37 s 6; A2023-16 s 7\nMaking access application\ns 30 am A2025-29 amdt 4.79\nApplication not in accordance with requirements\ns 31 hdg sub A2019-37 s 7\ns 31 am A2019-37 s 8\nNotice of date application received\ns 32 am A2017-38 s 32\nDeciding access—identifying information within scope of application\ns 34 am A2019-37 s 9, s 10; A2023-16 s 8\nDeciding access—relevant third parties\ns 38 am A2023-16 s 9\n\nAmendment history 4\nDeciding access—decision not made in time taken to be refusal to give\naccess\ns 39 am A2019-37 s 11, s 12; ss renum R6 LA; A2023-16 s 10,\ns 11\nDeciding access—time to decide\ns 40 am A2019-37 s 13; A2023-16 ss 12-14; pars renum R9 LA\nDeciding access—respondent may ask for additional time to decide\ns 41 am A2019-17 s 15, s 16; A2019-37 s 14, s 15; A2023-16 s 15\nDeciding access—extension of time given by ombudsman\ns 42 sub A2019-37 s 16\nam A2023-16 s 16, s 17\nRefusing to deal with application—general\ns 43 am A2023-16 s 18\nRefusing to deal with application—information already available to applicant\ns 45 am A2019-37 s 17; pars renum R6 LA; A2023-16 s 19\nGiving access—form of access\ns 47 am A2023-16 s 20\nGiving access—deferral of access\ns 49 sub A2019-37 s 18\nTransfer of access applications\ns 57 am A2017-38 s 32\nAccess applications if two or more agencies or Ministers hold relevant\ns 58 am A2017-38 s 32; A2019-37 s 19, s 20\nRequesting amendment of personal information\ns 59 am A2025-29 amdt 4.79\nOmbudsman—functions\ns 64 am A2017-38 s 33; A2018-42 amdt 1.1\nOpen access information declarations\ns 65 am A2017-14 s 22; ss renum R1 LA; A2025-29 amdt 4.79\nGuidelines for Act\ns 66 am A2025-29 amdt 4.79\nAccess to information for ombudsman review\ns 68 sub A2023-57 s 21\nFOI reviewable decision notices and reviewable decision notices\ns 71 am A2025-29 amdt 4.79\nOmbudsman review of certain decisions\ns 73 am A2025-29 amdt 4.79\n\nApplications for ombudsman review\ns 74 am A2019-37 s 21; pars renum R6 LA; A2023-16 s 21; pars\nrenum R9 LA; A2025-29 amdt 4.79\nOmbudsman review—extension of time when decision not made in time\ns 78 am A2019-37 s 22\nInformal resolution\ns 80A ins A2019-37 s 23\nMediation for applications\ns 81 am A2017-14 s 23; A2019-37 s 24\nOmbudsman review\ns 82 am A2019-37 s 25, s 26; ss renum R6 LA; A2023-16 s 22,\ns 23; pars renum R9 LA\nReview of decisions by ACAT\ns 84 am A2019-37 s 27; A2025-29 amdt 4.79\nPreventing disclosure of information\ns 91 om A2017-38 s 34\nAnnual statements by Chief Minister\ns 95 am A2025-29 amdt 4.79\nDetermination of fees\ns 104 am A2025-29 amdt 4.79\nFee estimate\ns 106 sub A2019-37 s 28\nApproved forms\ns 108 am A2025-29 amdt 4.79\nRegulation-making power\ns 109 am A2025-29 amdt 4.79\nReview of Act\ns 110 exp 1 January 2025 (s 110 (4))\nRepeals and consequential amendments\npt 11 hdg om LA s 89 (3)\nLegislation repealed\ns 111 om LA s 89 (3)\nLegislation amended—sch 4\ns 112 om LA s 89 (3)\n\nAmendment history 4\nTransitional\npt 20 hdg exp 1 January 2019 (s 203)\nDefinitions—pt 20\ns 200 exp 1 January 2019 (s 203)\ndef commencement day exp 1 January 2019 (s 203)\ndef repealed FOI Act exp 1 January 2019 (s 203)\nRequests made under repealed FOI Act before commencement day\ns 201 exp 1 January 2019 (s 203)\nTransitional regulations\ns 202 exp 1 January 2019 (s 203)\nExpiry—pt 20\ns 203 exp 1 January 2019 (s 203)\nInformation disclosure of which is taken to be contrary to the public interest\nsch 1 am A2023-16 s 24\nInformation in possession of a court or tribunal\nsch 1 s 1.1A ins A2017-38 s 35\nInformation related to integrity commission matters\nsch 1 s 1.1B ins A2018-52 amdt 1.74\nsub A2024-47 s 6\nInformation disclosure of which is prohibited under law\nsch 1 s 1.3 am A2017-38 s 36; A2019-17 s 17\nIdentities of people making disclosures\nsch 1 s 1.9 am A2017-38 s 37; A2020-46 amdt 1.1\nInformation in possession of ombudsman\nsch 1 s 1.12 am A2017-38 s 38\nInformation in possession of custodial inspector\nsch 1 s 1.15 ins A2023-16 s 25\nsub A2024-41 amdt 1.17\nInformation in the possession of the ACT national preventive mechanism\nsch 1 s 1.16 ins A2024-41 amdt 1.17\nFactors favouring nondisclosure in the public interest\nsch 2 s 2.2 am A2018-52 amdt 1.75\nReviewable decisions\nsch 3 am A2023-16 s 26, s 27; items renum R9 LA\nConsequential amendments\nsch 4 om LA s 89 (3)\n\ndict am A2018-52 amdt 1.76; A2019-37 s 29\ndef clarification request ins A2019-37 s 30\ndef policy document ins A2023-16 s 28\ndef principal officer am A2017-38 s 39; pars renum R1 LA;\nA2023-42 amdt 1.1\ndef integrity commission inspector ins A2018-52 amdt 1.77\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n1 Jan 2018\n1 Jan 2018–\n21 Nov 2018\nA2017-38 new Act and\namendments by\nA2017-14 and\nA2017-38\n22 Nov 2018\n22 Nov 2018–\n1 Jan 2019\nA2018-42 amendments by\nA2018-42\n2 Jan 2019\n2 Jan 2019–\nA2018-42 expiry of\ntransitional\nprovisions (pt 20)\n21 June 2019–\nA2019-17 amendments by\nA2019-17\n1 July 2019–\n14 Oct 2019\nA2019-18 amendments by\nA2018-52 as\namended by\nA2019-18\n15 Oct 2019\n15 Oct 2019–\n3 Mar 2021\nA2019-37 amendments by\nA2019-37\n4 Mar 2021\n4 Mar 2021–\n31 Dec 2021\nA2020-46 amendments by\nA2020-46\n1 Jan 2022\n1 Jan 2022–\nA2021-33 amendments by\nA2021-33\n24 May 2023–\n8 Nov 2023\nA2023-16 amendments by\nA2023-16\n\n6 Expired transitional or validating provisions\nNo and date\nEffective Last\namendment\nmade by\nfor\n9 Nov 2023\n9 Nov 2023–\n11 Dec 2023\nA2023-42 amendments by\nA2023-42\n12 Dec 2023\n12 Dec 2023–\n17 Sept 2024\nA2023-57 amendments by\nA2023-57\n18 Sept 2024\n18 Sept 2024–\n25 Sept 2024\nA2024-41 amendments by\nA2024-41\n26 Sept 2024\n26 Sept 2024–\n27 Sept 2024\nA2024-47 amendments by\nA2024-47\n28 Sept 2024\n28 Sept 2024–\n1 Jan 2025\nA2024-47 amendments by\nA2024-7\n2 Jan 2025\n2 Jan 2025–\n15 Dec 2025\nA2024-47 expiry of provision\n(s 110)\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":114}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":947},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive freedom of information regime. The 2025 republication includes amendments that refine operational details (timeframes, fee structures, review processes) and add new exemption categories (integrity commission matters, custodial inspector information, national preventive mechanism information) that align with the Act's core function of balancing transparency against legitimate public interest concerns. No significant scope creep is evident."},"complexity_factors":["Multiple overlapping exemption categories in Schedule 1 (16 distinct categories including Cabinet information, legal professional privilege, integrity commission matters, national security, law enforcement)","Nested conditional logic in the public interest test (s 17) requiring balancing of competing factors from Schedule 2","Extensive cross-referencing to other ACT legislation (Territory Records Act 2002, Health Records Act 1997, Integrity Commission Act 2018, etc.)","Complex time calculation provisions for deciding applications (s 40-42) with multiple extension mechanisms and suspension triggers","Detailed procedural requirements for third party consultation (s 38) with deferral mechanisms and review period calculations","Multiple review pathways (Ombudsman review, ACAT review, Supreme Court appeal) with different participant rules and costs provisions","Defined terms spread across dictionary, section-specific definitions, and signpost definitions in other Acts","Conditional fee waiver provisions (s 107) with multiple eligibility categories and material connection tests","Relationship provisions (ss 11-13) creating complex interactions with other disclosure regimes","Amendment history showing 16 amending Acts since 2016, indicating evolving and refined provisions"],"plain_english_summary":"The Freedom of Information Act 2016 gives anyone the legal right to access ACT government information, with a pro‑disclosure bias: agencies and Ministers must publish key material proactively and respond to applications unless release would harm the public interest.  \n\nIt affects all ACT residents, journalists, businesses and agencies (which must appoint information officers), provides correction and review rights, and strengthens government transparency and accountability through a public‑interest balancing test."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since enactment the Act has evolved beyond a purely reactive FOI framework into a hybrid system with significant proactive disclosure duties and stronger administrative oversight. Key scope expansions include: (1) creation of an \"open access\" category requiring routine publication of specified classes of information (s 23–24) and agency publication undertakings (s 29); (2) mandatory disclosure logs and reporting obligations that make individual FOI outcomes public (s 28, s 96); (3) enhanced Ombudsman powers to declare open access categories, extend timeframes and actively monitor agency compliance (s 64–66, s 42, s 82); and (4) additions and refinements to the exemption scheme and interaction with other Acts (sch 1; numerous amendment items). These changes shift part of the disclosure burden from case‑by‑case processing to ongoing publication and oversight, increasing agencies' operational duties and widening the Act's administrative footprint compared with a narrowly conceived access‑on‑request regime."},"complexity_factors":["Length and structure: ~109 sections plus 3 schedules and a detailed dictionary.","Defined terms and signpost definitions: extensive dictionary and multiple cross‑references to other Acts (eg Integrity Commission Act 2018, Territory Records Act 2002, Health Records (Privacy and Access) Act 1997).","Multiple conditional timeframes and extension paths: 30 working day decisions (s 40), applicant‑agreed extensions, Ombudsman extensions, suspension rules, and rules allowing up to 24 months in limited circumstances (s 40–42).","Layered review architecture: Ombudsman review with mediation/ informal resolution (s 80A–82), referral of legal questions to ACAT (s 83), ACAT review and potential appeal to Supreme Court, each with its own procedures and cost rules (pt 8, s 84–88).","Extensive exemption scheme: Schedule 1 (many categories taken to be contrary to public interest) plus Schedule 2 (detailed public interest factors) creating dense balancing exercises (sch 1; sch 2).","Proactive publication obligations and operational detail: open access definitions (s 23), disclosure log content and timing (s 28), publication formats and accessibility requirements (s 47(3), s 97–98).","Third‑party consultation and deferment rules that add procedural branches (s 38–39, s 46).","Criminal offences and penalty architecture with cross‑application of Criminal Code principles (s 5; pt 9), adding legal risk and complexity for officials.","Fee framework with Ministerial determinations, mandatory waivers for some classes, fee estimates and suspension rules (s 104–107).","Frequent cross‑amendments across years recorded in endnotes: many amendments change definitions and procedures, increasing interpretive complexity (endnotes and amendment history)."],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a legal right for anyone to apply for access to \"government information\" held by ACT agencies and Ministers (s 7, s 14).\n- Creates a proactive disclosure regime: certain information created from 1 Jan 2018 must be published as \"open access information\" (s 23–24). Agencies must keep a public disclosure log of FOI decisions and releases (s 28).\n- Requires each agency to appoint an information officer responsible for handling FOI requests, publication duties and related tasks (s 18–19).\n- Sets out how people make FOI requests, how agencies decide them, time limits (normally 30 working days), permitted extensions, fee rules, and how to give access (s 30–51, s 40–42, s 104–107).\n- Establishes a public interest test (identify factors for and against disclosure, balance them) to decide whether disclosure would be \"contrary to the public interest\" (s 16–17, sch 2). Schedule 1 lists categories of information that are taken to be contrary to the public interest (eg Cabinet material, law‑enforcement information, legal professional privilege) (sch 1).\n- Provides administrative review and oversight: complaints and review by the ACT Ombudsman (including power to extend decision times and declare open access categories), and further review to the ACT Civil and Administrative Tribunal (ACAT) with possible questions of law from the Ombudsman (pt 7; pt 8).\n- Creates criminal offences for specified improper conduct under the Act (eg directing or influencing others to act contrary to the Act, failing to identify information, obtaining access by deception) with maximum penalties (pt 9).\n- Requires annual reporting and a Chief Minister statement on improving access to government information (s 95–96).\n\n**Who is affected\n\n- ACT public sector bodies designated as \"agencies\" (administrative units, statutory office‑holders, territory authorities, Territory‑owned corporations, courts and certain bodies) (s 15).\n- Ministers and ministerial staff (open access obligations for Ministers are included) (s 23).\n- Members of the public (any person can make FOI applications and seek review) (s 30; pt 8).\n- Third parties (businesses, individuals) whose information may be requested; they are entitled to consultation before disclosure in many cases (s 38).\n- Applicants who may pay administrative fees (Minister sets fees; first 50 pages free; fee waivers and concessions are provided) (s 104–107).\n\n**Why it matters (official purpose and how it operates in practice)\n\n- Official purpose: the Act aims to give the public a right of access to government information, promote transparency, enable public participation and improve government accountability (objects, s 6). These aims are implemented by combining a reactive FOI application process with a proactive open‑access requirement and administrative oversight.\n\n- Practical mechanisms and constraints:\n  - Proactive publication shifts some information disclosure costs from handling individual FOI requests to ongoing publication and recordkeeping duties (open access obligations, s 23–29).\n  - The public interest test (s 16–17; sch 1 and sch 2) gives agencies a structured balancing exercise but also creates scope for detailed, case‑by‑case judgments about exemptions.\n  - Third‑party consultation rules (s 38) protect privacy and commercial interests but add time and resource costs to decision‑making.\n  - The Ombudsman has an active supervisory role: can extend decision times, declare further open access categories, review decisions and publish its reasons (s 64–66, s 82), which increases external scrutiny and may encourage compliance.\n\n**Who pays, who decides, and what behaviour changes\n\n- Who pays: applicants may pay fees determined by the Minister (s 104); the first 50 pages are free (s 104(4)). Agencies bear ongoing costs: maintaining publication systems, disclosure logs, searches and consultations. The Act requires agencies to report fees collected (s 96(3)(f)). Criminal penalties (penalty units) also create legal risk for officials who breach the Act (pt 9).\n- Who decides: information officers decide access requests (s 18–19), subject to limited directions by the Minister or principal officer to disclose (s 20(2)). The Ombudsman and ACAT perform independent reviews (pt 7; pt 8).\n- Behaviour changes required: agencies must appoint information officers, publish specified categories of information, keep disclosure logs, consult third parties, run searches within statutory timeframes, and implement processes to amend personal information when requested (s 18–29; pt 6). Applicants must provide sufficient detail and identity evidence where relevant (s 30).\n\n**Trade‑offs, incentives and implementation risks (testing the stated purpose)\n\n- Compliance and administrative cost vs. public benefit: proactive publishing and disclosure‑log obligations increase agency workload and IT/records costs; benefits are diffuse (public access, accountability) while costs are concentrated within agencies (s 23–29; s 95–96).\n- Incentives on disclosure: the Act expressly requires a \"pro‑disclosure bias\" (s 9), and the public interest test lists factors favouring disclosure (sch 2.1). However, a substantial list of taken‑to‑be‑contrary categories and nondisclosure factors (sch 1; sch 2.2) preserves many limits — so the balance is between structured transparency and protection of sensitive interests.\n- Timing and resource pressure: fixed decision deadlines with multiple extension routes (agreement with applicant, Ombudsman extension, ability to ask up to 24 months in total in limited cases) create pressure points; complex or large requests can be delayed legitimately but may also result in many deemed refusals triggering Ombudsman review (s 40–42; s 39; s 78).\n- Rights of third parties and privacy vs. public interest: consultation provisions protect individuals and businesses (s 38) but can delay disclosure and increase administrative burden. Fee waiver rules partially lower access costs for vulnerable applicants or matters of general public benefit (s 107).\n- Legal and operational uncertainty: many cross‑references to other territory and Commonwealth laws (eg Integrity Commission Act, Territory Records Act, Health Records Act) mean agencies must manage intersecting disclosure rules and exceptions (s 11, s 11A, s 12–13; sch 1). This raises training and legal‑advice costs.\n- Enforcement and deterrence: criminal offence provisions and the Ombudsman/ACAT review pathway create enforcement incentives. Offences carry significant penalty unit‑based fines (pt 9; pen unit values noted in republication metadata).\n\n**Concrete implementation obligations to note (sections cited)\n\n- Appoint an information officer (s 18–19).\n- Publish open access information and maintain disclosure log within tight time windows (s 23–29; s 28(4)).\n- Decide ordinary FOI requests within 30 working days, with detailed rules for extensions and fee estimates (s 40–42; s 106).\n- Consult relevant third parties before disclosing potentially sensitive information (s 38).\n- Allow Ombudsman and ACAT review and follow their directions (pt 7; pt 8).\n\n**Net effect (mechanical, not normative)**\nThe Act creates a regulated, multi‑tiered FOI system for the ACT that mixes proactive publication duties with a structured application and review process. It defines clear timelines, roles (information officer, principal officer, Ombudsman), fees and exemptions, and introduces criminal sanctions for deliberate breaches. These features increase transparency options for the public while imposing identifiable compliance, recordkeeping and decision‑making costs on agencies.\n"}},"importantCases":[],"_links":{"self":"/api/acts/freedom-of-information-act-2016","history":"/api/acts/freedom-of-information-act-2016/history","analysis":"/api/acts/freedom-of-information-act-2016/analysis","conflicts":"/api/acts/freedom-of-information-act-2016/conflicts","importantCases":"/api/acts/freedom-of-information-act-2016/important-cases","documents":"/api/acts/freedom-of-information-act-2016/documents"}}