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C2023C00201 (C109)
12 August 2023
-
30 September 2023
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Table of contents
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Part I—Preliminary
1 Short title
2 Commencement
3 Objects—general
3A Objects—information or documents otherwise accessible
4 Interpretation
4A Certain legislation relating to Australian Capital Territory not to be enactment
5 Act to apply to courts in respect of administrative matters
6 Act to apply to certain tribunals in respect of administrative matters
6A Official Secretary to the Governor General
6C Requirement for Commonwealth contracts
7 Exemption of certain persons and bodies
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Part II—Information publication scheme
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Division 1—Guide to this Part
7A Information publication scheme—guide
Division 2—Information to be published
8 Information to be published—what information?
8A Information to be published—what is operational information?
8B Information to be published—accuracy etc.
8C Information to be published—restrictions
8D Information to be published—how (and to whom) information is to be published
8E Information to be published—Information Commissioner to assist agencies
Division 3—Review of information publication scheme
8F Review of scheme—Information Commissioner functions
9 Review of scheme—by agencies
Division 4—Guidelines
9A Functions and powers under this Part
Division 5—Miscellaneous
10 Unpublished operational information
10A Who performs functions etc. given to agencies
10B Transitional—Norfolk Island authorities
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Part III—Access to documents
11 Right of access
11A Access to documents on request
11B Public interest exemptions—factors
11C Publication of information in accessed documents
12 Part not to apply to certain documents
13 Documents in certain institutions
15 Requests for access
15AA Extension of time with agreement
15AB Extension of time for complex or voluminous requests
15AC Decision not made on request within time—deemed refusal
15A Request for access to personnel records
16 Transfer of requests
16A Requests transferred from the ACT
17 Requests involving use of computers etc.
20 Forms of access
21 Deferment of access
22 Access to edited copies with exempt or irrelevant matter deleted
23 Decisions to be made by authorised persons
24 Power to refuse request—diversion of resources etc.
24AA When does a practical refusal reason exist?
24AB What is a request consultation process?
24A Requests may be refused if documents cannot be found, do not exist or have not been received
25 Information as to existence of certain documents
26 Reasons and other particulars of decisions to be given
26A Consultation—documents affecting Commonwealth State relations etc.
27 Consultation—business documents
27A Consultation—documents affecting personal privacy
29 Charges
31 Decision to impose charge—extended period for processing request
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Part IV—Exempt documents
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Division 1—Preliminary
31A Access to exempt and conditionally exempt documents
31B Exempt documents for the purposes of this Part
32 Interpretation
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Division 2—Exemptions
33 Documents affecting national security, defence or international relations
34 Cabinet documents
37 Documents affecting enforcement of law and protection of public safety
38 Documents to which secrecy provisions of enactments apply
42 Documents subject to legal professional privilege
45 Documents containing material obtained in confidence
45A Parliamentary Budget Office documents
46 Documents disclosure of which would be contempt of Parliament or contempt of court
47 Documents disclosing trade secrets or commercially valuable information
47A Electoral rolls and related documents
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Division 3—Public interest conditional exemptions
47B Public interest conditional exemptions—Commonwealth State relations etc.
47C Public interest conditional exemptions—deliberative processes
47D Public interest conditional exemptions—financial or property interests of the Commonwealth
47E Public interest conditional exemptions—certain operations of agencies
47F Public interest conditional exemptions—personal privacy
47G Public interest conditional exemptions—business
47H Public interest conditional exemptions—research
47J Public interest conditional exemptions—the economy
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Part V—Amendment and annotation of personal records
48 Application for amendment or annotation of personal records
49 Requirements of an application for amendment
50 Amendment of records
51 Annotations of records etc. following unsuccessful applications for amendments of records
51A Requirements of an application for annotation
51B Annotation of records
51C Transfer of requests
51D Notification etc. of a decision under this Part
51DA Decision not made on request for amendment or annotation within time—deemed refusal
51E Comments on annotations
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Part VI—Internal review of decisions
52 Internal review of decisions—guide
53 Interpretation
53A What is an access refusal decision?
53B What is an access grant decision?
53C Internal review—who is an affected third party?
54 Internal review—access refusal decision
54A Internal review—access grant decision
54B Internal review—application for review
54C Internal review—decision on internal review
54D Internal review—deemed affirmation of original decision
54E Internal review—decisions to which this Part does not apply
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Part VII—Review by Information Commissioner
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Division 1—Guide to this Part
54F Review by the Information Commissioner—guide
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Division 2—Key concepts
54G Key concepts—what is an IC review?
54H Key concepts—what is an IC review application?
54J Key concepts—who is an IC review applicant?
54K Key concepts—what is an IC reviewable decision?
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Division 3—IC reviewable decisions
54L IC reviewable decisions—access refusal decisions
54M IC reviewable decisions—access grant decisions
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Division 4—IC review applications
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Subdivision A—Making an application
54N IC review applications—application
54P IC review applications—requirement to notify affected third parties
54Q IC review applications—circumstances in which not giving notice is appropriate
54R IC review applications—withdrawal
Subdivision B—Time limits
54S IC review applications—time limits
54T IC review applications—extension of time
Division 5—Decision to review
54U Decision to review—interpretation
54V Decision to review—preliminary inquiries
54W Decision to review—discretion not to review
54X Decision to review—notice requirement if discretion not to review exercised
54Y Decision to review—actual decisions made after IC review has commenced
Division 6—Procedure in IC review
54Z Procedure in IC review—general notice requirement
55 Procedure in IC review—general
55A Procedure in IC review—parties to proceeding
55B Procedure in IC review—application for hearing
55C Procedure in IC review—representation
55D Procedure in IC review—onus
55DA Decision maker must assist Information Commissioner
55E Procedure in IC review—inadequate reasons from decision maker
55F Procedure in IC review—review parties reach agreement
55G Procedure in IC review—revocation or variation of access refusal decision
55H Procedure in IC review—reference of questions of law to Federal Court of Australia
55J Procedure in IC review—sending of documents to, and disclosure of documents by, the Federal Court of Australia
Division 7—Decision on IC review
55K Decision on IC review—decision of Information Commissioner
55L Decision on IC review—no power to give access to exempt documents
55M Decision on IC review—limitation on amending records
55N Decision on IC review—obligation to comply with decision
55P Decision on IC review—enforcement of decision against agency
55Q Decision on IC review—correction of errors
Division 8—Information gathering powers
55R Information gathering powers—obliging production of information and documents
55S Information gathering powers—dealings with documents
55T Information gathering powers—production of exempt documents generally
55U Information gathering powers—production of national security, Cabinet or Parliamentary Budget Office documents
55V Information gathering powers—further searches for a document
55W Information gathering powers—obliging persons to appear
55X Information gathering powers—administration of oath or affirmation
55Y Information gathering powers—no loss of legal professional privilege
55Z Information gathering powers—protection from liability
Division 9—Evidence by Inspector General of Intelligence and Security
55ZA Evidence by Inspector General of Intelligence and Security—scope
55ZB Evidence by Inspector General of Intelligence and Security—request to give evidence
55ZC Evidence by Inspector General of Intelligence and Security—compliance with request
55ZD Evidence by Inspector General of Intelligence and Security—procedural matters
Division 10—Appeals
56 Appeals—appeals to Federal Court of Australia on questions of law
56A Appeals—Federal Court of Australia may make findings of fact
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Part VIIA—Review by the Tribunal
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Division 1—Guide to this Part
57 Review by the Tribunal—guide
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Division 2—Tribunal reviewable decisions
57A Tribunal reviewable decisions—which decisions are reviewable?
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Division 3—Powers of Tribunal
58 Powers of Tribunal
58A Powers of Tribunal—requiring further searches
58AA Powers of Tribunal—limitation on amending records
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Division 4—Procedure in Tribunal
58B Constitution of Tribunal for proceedings about certain exempt documents
58D Modification of section 42 of the Administrative Appeals Tribunal Act 1975
58E Production to the Tribunal of certain exempt documents
60 Procedure in Tribunal—parties
60AA Procedure in Tribunal—requirement to notify affected third parties
60AB Procedure in Tribunal—circumstances in which not giving notice is appropriate
60A Inspector General of Intelligence and Security must be requested to give evidence in certain proceedings
61 Onus
61A Modification of the Administrative Appeals Tribunal Act 1975
62 Application of section 28 of Administrative Appeals Tribunal Act etc.
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Division 5—Protection of information in Tribunal
63 Tribunal to ensure non disclosure of certain matters
64 Production of exempt documents
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Division 6—Recommendations as to costs
66 Tribunal may make recommendation that costs be available in certain circumstances
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Division 7—Automatic stay of certain decisions
67 Automatic stay of certain decisions on appeal
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Part VIIB—Investigations and complaints
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Division 1—Guide to this Part
68 Investigations and complaints—guide
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Division 2—Information Commissioner investigations
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Subdivision A—Power to investigate
69 Information Commissioner investigations—power to investigate
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Subdivision B—Making complaints
70 Information Commissioner investigations—making complaints
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Subdivision C—Decision to investigate
71 Information Commissioner investigations—interpretation
72 Information Commissioner investigations—preliminary inquiries
73 Information Commissioner investigations—discretion not to investigate
74 Information Commissioner investigations—transfer to Ombudsman
75 Information Commissioner investigations—notice requirements
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Subdivision D—Investigation procedure
76 Information Commissioner investigations—conduct of investigation
77 Information Commissioner investigations—general power to enter premises
78 Information Commissioner investigations—places for which approval required before entry
79 Information Commissioner investigations—obliging production of information and documents
80 Information Commissioner investigations—dealings with documents
81 Information Commissioner investigations—exempt documents
82 Information Commissioner investigations—obliging persons to appear
83 Information Commissioner investigations—administration of oath or affirmation
84 Information Commissioner investigations—no loss of legal professional privilege
85 Information Commissioner investigations—protection from liability
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Subdivision E—Outcome of investigation
86 Information Commissioner investigations—notice on completion
87 Information Commissioner investigations—what are the investigation results?
88 Information Commissioner investigations—what are the investigation recommendations?
89 Information Commissioner investigations—failure to implement investigation recommendation
89A Information Commissioner investigations—failure to take action in response to implementation notice
89B Information Commissioner investigations—requirements for report
89C Information Commissioner investigations—ensuring non disclosure of certain matters
89D Information Commissioner investigations—limitation on amending records
89E Information Commissioner investigations—protection from civil action
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Division 3—Complaints to Ombudsman
89F Complaints to Ombudsman—powers not affected
89G Complaints to Ombudsman—report must not contain certain information
89H Complaints to Ombudsman—certain rights not affected by certificates
89J Complaints to Ombudsman—limitation on amending records in reports under the Ombudsman Act 1976
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Part VIII—Miscellaneous
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Division 1—Vexatious applicants
89K Vexatious applicants—declaration
89L Vexatious applicants—grounds for declaration
89M Vexatious applicants—effect of declaration
89N Vexatious applicants—review by Tribunal
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Division 2—General
89P Staff to hold appropriate security clearance
90 Protection against civil liability—general
91 Protection against civil liability—particular situations
92 Protection against criminal liability
93 Agencies to provide information to Information Commissioner
93A Guidelines
93B Review of operation of Act
94 Regulations
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Schedule 1—Courts and tribunals exempt in respect of non administrative matters
Part I—Exempt agencies
Part II—Agencies exempt in respect of particular documents
Part III—Legislation relating to agencies exempt in respect of documents in relation to their commercial activities
Schedule 3—Secrecy provisions
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Schedule 4—Research institutions
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
