Part 2Publication of certain information

Part 2—Publication of certain information 9—Publication of information concerning agencies (1) The responsible Minister for a State Government agency must, at intervals of not more than 12 months, cause an up-to-date information statement to be published in a manner prescribed by regulation. (1a) An agency (other than a State Government agency) must, at intervals of not more than 12 months, cause an up-to-date information statement to be published in a manner prescribed by regulation. (2) An information statement must contain— (a) a description of the structure and functions of the agency (including of any board, committee or other body constituted by two or more persons that is part of the agency or has been established for the purpose of advising the agency and whose meetings are open to the public or the minutes of whose meetings are available for public inspection); and (b) a description of the ways in which the functions (including, in particular, the decision-making functions) of the agency affect members of the public; and (c) a description of any arrangements that exist to enable members of the public to participate in the formulation of the agency's policy and the exercise of the agency's functions; and (d) a description of the various kinds of documents that are usually held by the agency, including— (i) a description of the various kinds of documents that are available for inspection at the agency (whether as part of a public register or otherwise) in accordance with the provisions of a legislative instrument other than this Act, whether or not inspection of any such document is subject to a fee or charge; and (ii) a description of the various kinds of documents that are available for purchase from the agency; and (iii) a description of the various kinds of documents that are available from the agency free of charge; and (e) a description of the arrangements that exist to enable a member of the public to obtain access to the agency's documents and to seek amendment of the agency's records concerning his or her personal affairs; and (f) a description of the procedures of the agency in relation to the giving of access to the agency's documents and to the amendment of the agency's records concerning the personal affairs of a member of the public, including— (i) the designation of the officer or officers to whom inquiries should be made; and (ii) the address or addresses at which applications under this Act should be lodged. (3) An information statement— (a) must identify each of the agency's policy documents; and (c) must specify the designation of the officer or officers to whom inquiries concerning the procedures for inspecting and purchasing the agency's policy documents should be made; and (d) must specify the address or addresses at which, and the times during which, the agency's policy documents may be inspected and purchased. (4) Nothing in this section requires the publication of information if its inclusion in a document would result in the document being an exempt document. 10—Availability of information statement and policy documents (1) An agency must cause copies of— (a) its most recent information statement; and (c) each of its policy documents, to be made available for inspection and purchase by members of the public. (2) Nothing in this section prevents an agency from deleting information from the copies of a policy document if its inclusion in the document would result in the document being an exempt document otherwise than by virtue of clause 9 or 10 of Schedule 1. (3) An agency should not enforce a particular policy to the detriment of a person— (a) if the relevant policy document should have been, but was not, made available for inspection and purchase in accordance with this section at the time the person became liable to the detriment; and (b) the person could, by knowledge of the policy have avoided liability to the detriment. 11—Application of this Part This Part does not apply to— (a) an agency that is a Minister (unless the agency is declared by regulation to be one to which this Part applies); or (b) an agency that is exempted by regulation from the obligations of this Part (provided that any conditions of the exemption are complied with).