What it does
The Freedom of Information Act 1982 (Cth) establishes a comprehensive regime for public access to government-held information. Under section 11(1), every person has a legally enforceable right to obtain access to documents of agencies and official documents of Ministers, except exempt documents. Section 3(1) specifies that the objects of the Act are to give the Australian community access to information held by the Commonwealth Government. Section 3(2) elaborates that Parliament intends these objects to promote Australia's representative democracy by increasing public participation in Government processes, contributing to better-informed decision-making and increasing scrutiny, discussion, comment and review of the Government's activities. Section 3(3) states that Parliament intends to increase recognition that information held by the Government is a national resource and should be managed for public purposes. Section 3(4) requires that all functions and powers under the Act be performed and exercised, as far as possible, to facilitate and promote, promptly and at the lowest reasonable cost, public access to information.
Part II (sections 7A to 10B) mandates an information publication scheme. Agencies must publish a guide to the scheme, an up-to-date implementation plan, organisational structure details, functions and decision-making powers, appointments of principal officers, annual report information, policy consultation arrangements, categories of routinely requested documents (excluding unreasonable personal, business or other information), parliamentary information, contact details and operational information. Publication must occur on a website, with information accurate, up-to-date and complete (section 8B). Exempt matter or information prohibited by other laws need not be published (section 8C). Agencies must review scheme operation every five years with the Information Commissioner (section 9), have regard to the Act's objects and Commissioner guidelines (section 9A), and ensure no prejudice arises from unpublished operational information if awareness would have avoided it (section 10).