The Freedom of Information Act 1982 establishes a statutory framework for public access to documents held by the Commonwealth Government and its agencies. It affirms that government-held information is a national resource and should be accessible to the public unless specific exemptions apply. The Act aims to promote transparency, accountability, and informed public participation in democratic processes. It mandates agencies to publish operational and structural information, outlines procedures for requesting access, and provides mechanisms for internal and external review of decisions. Access rights are legally enforceable and not contingent on the applicant’s motives. Agencies must respond to requests within prescribed timeframes and assist applicants in refining requests where necessary. Access may be refused if the request would unreasonably divert resources or if documents are exempt due to national security, Cabinet confidentiality, law enforcement sensitivity, legal privilege, or personal privacy concerns. Conditionally exempt documents require a public interest test to determine whether access should be granted. The Act provides for internal review by agencies and external review by the Information Commissioner, with further appeal rights to the Administrative Review Tribunal and the Federal Court on questions of law. The Information Commissioner has investigative powers and may compel production of documents, conduct inquiries, and issue implementation notices. Agencies and Ministers are required to cooperate and may be subject to enforcement proceedings for non-compliance. Protections are afforded to individuals and entities acting in good faith under the Act, shielding them from civil and criminal liability. The Act also includes provisions for amending or annotating personal records, with procedures for transfer and review of such requests. Exemptions apply to certain agencies and documents, particularly those involving intelligence, defence, and commercial activities. The Act is supported by detailed schedules and endnotes documenting legislative history, amendment chronology, and secrecy provisions.
Including amendments up to Act No. 14, 2025.
Titre:
Freedom of Information Act 1982.
Pays:
Australie
Type of document:
Législation
Date of original text:
Date of latest amendment:
Fichiers:
Abrogé:
Non