requiring agencies to publish the information; and

providing for a right of access to documents.

increasing public participation in Government processes, with a view to promoting better-informed decision-making;

increasing scrutiny, discussion, comment and review of the Government’s activities.

in the case of the power to publish the information or document—despite any restriction on the publication of the information or document under this Act; and

in the case of the power to give access to the information or document—whether or not access to the information or document has been requested under section 15.

(a) the Commission of inquiry within the meaning of the Quarantine Act 1908 (as in force immediately before its repeal); or

(b) a Commission of inquiry within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Commonwealth contract means a contract to which all of the following apply: the Commonwealth or an agency is, or was, a party to the contract; under the contract, services are, or were, to be provided: by another party; and for or on behalf of an agency; and to a person who is not the Commonwealth or an agency; the services are in connection with the performance of the functions, or the exercise of the powers, of an agency.

the Commonwealth or an agency is, or was, a party to the contract;

under the contract, services are, or were, to be provided:

by another party; and

for or on behalf of an agency; and

to a person who is not the Commonwealth or an agency;

the services are in connection with the performance of the functions, or the exercise of the powers, of an agency.

complainant has the meaning given by subsection 70(1).

conditionally exempt: a document is conditionally exempt if Division 3 of Part IV (public interest conditional exemptions) applies to the document.

contracted service provider, for a Commonwealth contract, means an entity that is, or was:

a party to the Commonwealth contract; and

responsible for the provision of services under the Commonwealth contract.

defence intelligence document has the meaning given by paragraph 7(2C)(a).

Defence Intelligence Organisation means that part of the Department of Defence known as the Defence Intelligence Organisation.

Department means a Department of the Australian Public Service that corresponds to a Department of State of the Commonwealth.

document includes:

any of, or any part of any of, the following things:

any paper or other material on which there is writing;

a map, plan, drawing or photograph;

any paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them;

any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device;

any article on which information has been stored or recorded, either mechanically or electronically;

any other record of information; or

any copy, reproduction or duplicate of such a thing; or

any part of such a copy, reproduction or duplicate;

but does not include:

material maintained for reference purposes that is otherwise publicly available; or

Cabinet notebooks.

document of an agency: a document is a document of an agency if:

the document is in the possession of the agency, whether created in the agency or received in the agency; or

in order to comply with section 6C, the agency has taken contractual measures to ensure that it receives the document.

edited copy has the meaning given by section 22 (access to edited copies with exempt or irrelevant matter deleted).

electronic communication has the same meaning as in the Electronic Transactions Act 1999.

enactment means, subject to section 4A:

an Act;

an Ordinance of the Australian Capital Territory; or

an instrument (including rules, regulations or by-laws) made under an Act or under such an Ordinance and includes an enactment as amended by another enactment.

engage in conduct means:

do an act; or

omit to do an act.

exempt content-service document means:

(a) a document containing content, or a record of content (within the meaning of Schedule 7 to the Broadcasting Services Act 1992), that:

has been delivered by, or accessed using, a content service (within the meaning of that Schedule); and

was offensive content-service content when it was delivered by, or accessed using, that content service; or

a document that sets out how to access, or that is likely to facilitate access to, offensive content-service content (for example, by setting out the name of a website, an IP address, a URL or a password).

exempt document means:

a document that is exempt for the purposes of Part IV (exempt documents) (see section 31B); or

a document in respect of which, by virtue of section 7, an agency, person or body is exempt from the operation of this Act; or

an official document of a Minister that contains some matter that does not relate to the affairs of an agency or of a Department of State.

exempt internet-content document means:

(a) a document containing information (within the meaning of Schedule 5 to the Broadcasting Services Act 1992, as in force before the commencement of the Online Safety Act 2021) that:

has been copied from the internet; and

was offensive internet content when it was accessible on the internet; or

a document that sets out how to access, or that is likely to facilitate access to, offensive internet content (for example: by setting out the name of a website, an IP address, a URL, a password, or the name of a newsgroup).

exempt matter means matter the inclusion of which in a document causes the document to be an exempt document.

exempt online content scheme document means:

(a) a document containing material (within the meaning of the Online Safety Act 2021), or a record of material (within the meaning of that Act), that is online content scheme material; or

(b) a document that sets out how to access, or that is likely to facilitate access to, material (within the meaning of the Online Safety Act 2021) that is online content scheme material (for example, by setting out the name of a website, an IP address, a URL or a password).

Human Services Department means Services Australia.

IC review has the meaning given by section 54G.

IC reviewable decision has the meaning given by section 54K.

IC review applicant has the meaning given by section 54J.

IC review application has the meaning given by section 54H.

implementation notice has the meaning given by section 89.

Independent Review means the Independent Review into the workplaces of Parliamentarians and their staff conducted under the Australian Human Rights Commission Act 1986 by the Sex Discrimination Commissioner (within the meaning of that Act).

Information Commissioner has the meaning given by the Australian Information Commissioner Act 2010.

intelligence agency document has the meaning given by paragraph 7(2A)(a).

internal review has the meaning given by sections 54 and 54A.

internal review applicant has the meaning given by section 54B.

investigation recommendations has the meaning given by section 88.

investigation results has the meaning given by section 87.

NBN Co means NBN Co Limited (ACN 136 533 741), as the company exists from time to time (even if its name is later changed).

Norfolk Island authority means any of the following bodies or persons, other than a body or person prescribed by the regulations for the purposes of subsection 7(2AB): a body (whether incorporated or not) established for a public purpose by or under a Norfolk Island law, other than a law providing for the incorporation of associations or companies; a person holding or performing the duties of: an office established by or under a Norfolk Island law; or an appointment made under a Norfolk Island law.

a body (whether incorporated or not) established for a public purpose by or under a Norfolk Island law, other than a law providing for the incorporation of associations or companies;

a person holding or performing the duties of:

an office established by or under a Norfolk Island law; or

an appointment made under a Norfolk Island law.

Norfolk Island law means a law in force in the Territory of Norfolk Island other than: an Act; or an instrument made under an Act.

an Act; or

an instrument made under an Act.

offensive content-service content means content (within the meaning of Schedule 7 to the Broadcasting Services Act 1992) that is: delivered by, or accessed using, a content service (within the meaning of that Schedule); and either: (i) prohibited content (within the meaning of that Schedule, as in force before the commencement of the Online Safety Act 2021); or (ii) potential prohibited content (within the meaning of that Schedule, as in force before the commencement of the Online Safety Act 2021).

delivered by, or accessed using, a content service (within the meaning of that Schedule); and

either:

(i) prohibited content (within the meaning of that Schedule, as in force before the commencement of the Online Safety Act 2021); or

(ii) potential prohibited content (within the meaning of that Schedule, as in force before the commencement of the Online Safety Act 2021).

offensive internet content means internet content (within the meaning of Schedule 5 to the Broadcasting Services Act 1992, as in force before the commencement of the Online Safety Act 2021) that is: prohibited content (within the meaning of Schedule 5 to that Act as in force before the commencement of Schedule 7 to that Act); or potential prohibited content (within the meaning of Schedule 5 to that Act as in force before the commencement of Schedule 7 to that Act).

prohibited content (within the meaning of Schedule 5 to that Act as in force before the commencement of Schedule 7 to that Act); or

potential prohibited content (within the meaning of Schedule 5 to that Act as in force before the commencement of Schedule 7 to that Act).

officer includes a member of the agency or a member of the staff of the agency.

official document of a Minister or official document of the Minister means a document that is in the possession of a Minister, or that is in the possession of the Minister concerned, as the case requires, in his or her capacity as a Minister, being a document that relates to the affairs of an agency or of a Department of State and, for the purposes of this definition, a Minister shall be deemed to be in possession of a document that has passed from his or her possession if he or she is entitled to access to the document and the document is not a document of an agency.

Ombudsman means the Commonwealth Ombudsman.

online content scheme material means material that: (a) has been provided on a social media service, relevant electronic service or designated internet service (within the meaning of the Online Safety Act 2021); and was: (i) class 1 material (within the meaning of the Online Safety Act 2021); or (ii) class 2 material (within the meaning of the Online Safety Act 2021) that is covered by paragraph 107(1)(a), (b), (c), (d) or (e) of that Act; when it was provided on the service.

(a) has been provided on a social media service, relevant electronic service or designated internet service (within the meaning of the Online Safety Act 2021); and

was:

(i) class 1 material (within the meaning of the Online Safety Act 2021); or

(ii) class 2 material (within the meaning of the Online Safety Act 2021) that is covered by paragraph 107(1)(a), (b), (c), (d) or (e) of that Act;

when it was provided on the service.

operational information has the meaning given by section 8A.

Ordinance includes a law of a State that applies, or the provisions of a law of a State that apply, in the Territory by virtue of an enactment (other than a law that is, or provisions that are an ACT enactment).

Parliamentary Budget Office has the same meaning as in the Parliamentary Service Act 1999.

Parliamentary Budget Officer has the same meaning as in the Parliamentary Service Act 1999.

personal information has the same meaning as in the Privacy Act 1988.

practical refusal reason has the meaning given by section 24AA.

prescribed authority means:

a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment or an Order-in-Council, other than:

an incorporated company or association; or

a body that, under subsection (2), is not to be taken to be a prescribed authority for the purposes of this Act; or

the Australian Capital Territory House of Assembly; or

the Legislative Assembly of the Northern Territory or the Executive Council of the Northern Territory; or

a Royal Commission; or

a Commission of inquiry; or

NBN Co; or

any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being:

a body established by the Governor-General or by a Minister; or

an incorporated company or association over which the Commonwealth is in a position to exercise control; or

subject to subsection (3), the person holding, or performing the duties of, an office established by an enactment or an Order-in-Council; or

the person holding, or performing the duties of, an appointment declared by the regulations to be an appointment the holder of which is a prescribed authority for the purposes of this Act, being an appointment made by the Governor-General, or by a Minister, otherwise than under an enactment or an Order-in-Council.

principal officer means:

in relation to a Department—the person holding, or performing the duties of, the office of Secretary of the Department; or

in relation to a prescribed authority:

if the regulations declare an office to be the principal office of the authority—the person holding, or performing the duties of, that office;

(ii) if the authority is an Agency (within the meaning of the Public Service Act 1999) other than a Department and subparagraph (i) does not apply—the Agency Head (within the meaning of the Public Service Act 1999) of the authority;

if neither subparagraph (i) nor (ii) applies—the person responsible for the day-to-day management of the authority;

if the authority is constituted by one person and none of subparagraphs (i) to (iii) applies—that person;

if the authority is constituted by 2 or more persons and none of subparagraphs (i) to (iv) applies—the person who is entitled to preside at any meeting of the authority at which he or she is present; or

in relation to a Norfolk Island authority—the person responsible for the day-to-day management of the authority.

request means an application made under subsection 15(1).

request consultation process has the meaning given by section 24AB.

respondent agency has the meaning given by subsections 69(2) and 70(2).

responsible Minister means:

in relation to a Department—the Minister administering the relevant Department of State; or

(b) in relation to a prescribed authority referred to in paragraph (a) of the definition of prescribed authority—the Minister administering the part of the enactment by which, or in accordance with the provisions of which, the prescribed authority is established; or

(ba) in relation to the prescribed authority referred to in paragraph (aa) of that definition—the Minister administering the National Broadband Network Companies Act 2011; or

in relation to a prescribed authority referred to in paragraph (c) of that definition—the Minister administering the part of the enactment by which the office is established; or

in relation to any other prescribed authority—the Minister declared by the regulations to be the responsible Minister in respect of that authority; or

(e) in relation to a Norfolk Island authority—the Minister administering the Norfolk Island Act 1979;

or another Minister acting for and on behalf of that Minister.

review parties has the meaning given by section 55A.

run out: all of a person’s opportunities for review or appeal in relation to an access grant decision have run out when:

the latest time for applying for an internal review or an IC review in relation to the decision has ended, if the person has not applied for either review; or

if the person has applied for an internal review in relation to the decision:

the internal review is concluded; and

the time for applying for an IC review of the decision on internal review has ended, if the person has not applied for the IC review; or

if the person has applied for an IC review in relation to the decision:

proceedings in relation to the IC review are concluded; and

the time for applying to the Tribunal for a review in relation to the decision has ended, if the person has not applied for such a review; and

the time for instituting an appeal to the Federal Court in relation to the IC review has ended (with no appeal instituted), or, if an appeal has been instituted, all proceedings in relation to the appeal have been concluded; or

if the person has applied to the Tribunal for a review in relation to the decision:

proceedings in relation to the review are concluded; and

the time for instituting an appeal to the Federal Court in relation to the review by the Tribunal has ended (with no appeal instituted), or, if an appeal has been instituted, all proceedings in relation to the appeal have been concluded.

State includes the Australian Capital Territory and the Northern Territory.

subcontractor, for a Commonwealth contract, means an entity:

(a) that is, or was, a party to a contract (the subcontract):

with a contracted service provider for the Commonwealth contract; or

with another subcontractor for the Commonwealth contract (under a previous application of this definition); and

that is, or was, responsible under the subcontract for the provision of services for the purposes (whether direct or indirect) of the Commonwealth contract.

Tribunal means the Administrative Review Tribunal.

vexatious applicant declaration has the meaning given by section 89K.

by virtue of his or her holding:

an office of member of the Legislative Assembly for the Australian Capital Territory;

an office of member of the Legislative Assembly of the Northern Territory or of Administrator or of Minister of the Northern Territory; or

by virtue of his or her holding, or performing the duties of:

a prescribed office;

an office the duties of which he or she performs as duties of his or her employment as an officer of a Department or as an officer of or under a prescribed authority;

an office of member of a body; or

an office established by an enactment for the purposes of a prescribed authority.

the unincorporated body is taken not to be a Norfolk Island authority for the purposes of this Act; and

the unincorporated body is taken to be comprised within that Norfolk Island authority.

a prescribed office; or

an office the duties of which he or she performs as duties of his or her employment as an officer of a Norfolk Island authority; or

an office of member of a Norfolk Island authority; or

an office established by a Norfolk Island law for the purposes of a Norfolk Island authority.

the Defence Force; and

the Australian Defence Force Cadets.

matters relating to the detection, prevention or suppression of activities, whether within Australia or outside Australia, subversive of, or hostile to, the interests of the Commonwealth or of any country allied or associated with the Commonwealth; and

the security of any communications system or cryptographic system of the Commonwealth or of another country used for:

the defence of the Commonwealth or of any country allied or associated with the Commonwealth; or

the conduct of the international relations of the Commonwealth.

if the functions of the agency are acquired by another agency—any request made to the first-mentioned agency shall be deemed to have been made to, and any decision made by the first-mentioned agency in respect of a request made to it shall be deemed to have been made by, the other agency; and

if the functions of the agency are acquired by more than one other agency—any request made to the first-mentioned agency shall be deemed to have been made to, and any decision made by the first-mentioned agency in respect of a request made to it shall be deemed to have been made by, whichever of those other agencies has acquired the functions of the first-mentioned agency to which the document the subject of the request most closely relates; and

(c) if the documents of the agency are transferred to the care (within the meaning of the Archives Act 1983) of the National Archives of Australia—any request made to the agency shall be deemed to have been made to, and any decision made by the agency in respect of a request made by it shall be deemed to have been made by, the agency to the functions of which the document the subject of the request most closely relates.

a foreign government or an authority of a foreign government; or

an international organisation.

a court (other than a court of Norfolk Island) shall be deemed to be a prescribed authority;

the holder of a judicial office (other than a judicial office in a court of Norfolk Island) or other office pertaining to a court (other than a court of Norfolk Island) in his or her capacity as the holder of that office, being an office established by the legislation establishing the court, shall be deemed not to be a prescribed authority and shall not be included in a Department; and

a registry or other office of a court (other than a court of Norfolk Island), and the staff of such a registry or other office when acting in a capacity as members of that staff, shall be taken as a part of the court;

but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature.

Certain documents relating to complaint handling—Federal Court Judges

(a) exercising powers or performing functions under paragraph 15(1AA)(c) and subsection 15(1AAA) of the Federal Court of Australia Act 1976; or

assisting in exercising those powers or performing those functions.

For this purpose complaint handler has the meaning given by that Act.

Certain documents relating to complaint handling—Judges of the Federal Circuit and Family Court of Australia (Division 1)

(a) exercising powers or performing functions under paragraph 47(2)(d) and subsection 48(1) of the Federal Circuit and Family Court of Australia Act 2021; or

assisting in exercising those powers or performing those functions.

For this purpose complaint handler has the meaning given by that Act.

Certain documents relating to complaint handling—Judges of the Federal Circuit and Family Court of Australia (Division 2)

(a) exercising powers or performing functions under paragraph 144(2)(d) and subsection 145(1) of the Federal Circuit and Family Court of Australia Act 2021; or

assisting in exercising those powers or performing those functions.

For this purpose complaint handler has the meaning given by that Act.

Courts of Norfolk Island

a court of Norfolk Island is taken to be a Norfolk Island authority; and

if a person is the holder of a judicial office in a court of Norfolk Island—the person, in his or her capacity as the holder of the office, is taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and

if:

a person is the holder of an office (other than a judicial office) that relates to a court of Norfolk Island; and

the office is established by a Norfolk Island law;

the person, in his or her capacity as the holder of the office, is taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and

a registry or other office of a court of Norfolk Island, and the staff of such a registry or other office when acting in a capacity as members of that staff, are taken to be a part of the court;

but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature.

the document is created by, or is in the possession of:

a contracted service provider for the Commonwealth contract; or

a subcontractor for the Commonwealth contract; and

the document relates to the performance of the Commonwealth contract (and not to the entry into that contract); and

the agency receives a request for access to the document.

is taken not to be included in the Department of Defence (or in any other Department) for the purposes of this Act; and

to avoid doubt, is not an agency in its own right for the purposes of this Act.

the Parliamentary Workplace Support Service;

the Parliamentary Workplace Support Service Advisory Board;

the Parliamentary Workplace Support Service Consultative Committee;

the Independent Parliamentary Standards Commission.

(2AB) A body or person may be prescribed by the regulations for the purposes of this subsection if:

the body or person would, if not so prescribed, be a Norfolk Island authority; and

the Minister is satisfied that the body or person is subject to a law that provides equivalent, or substantially similar, requirements relating to freedom of information as are provided by this Act.

(a) a document (an intelligence agency document) that has originated with, or has been received from, any of the following:

the Australian Secret Intelligence Service;

the Australian Security Intelligence Organisation;

the Inspector-General of Intelligence and Security;

the Office of National Intelligence;

(v) the Australian Geospatial-Intelligence Organisation (other than a document that has originated with, or has been received from, the Australian Hydrographic Office in the performance of its functions under subsection 223(2) of the Navigation Act 2012);

the Defence Intelligence Organisation;

the Australian Signals Directorate

a document that contains a summary of, or an extract or information from, an intelligence agency document, to the extent that it contains such a summary, extract or information.

an intelligence agency document;

a document that contains a summary of, or an extract or information from, an intelligence agency document, to the extent that it contains such a summary, extract or information.

(a) a document (a defence intelligence document) that has originated with, or has been received from, the Department of Defence and that is in respect of:

the collection, reporting or analysis of operational intelligence; or

special access programs, under which a foreign government provides restricted access to technologies;

a document that contains a summary of, or an extract or information from, a defence intelligence document, to the extent that it contains such a summary, extract or information.

a defence intelligence document;

a document that contains a summary of, or an extract or information from, a defence intelligence document, to the extent that it contains such a summary, extract or information.

(2DA) A Minister and an agency are exempt from the operation of this Act in relation to the following documents (regardless of when the documents were brought into existence):

a document given to, or received by, the Independent Review, or a person performing functions in relation to the Review, for the purposes of the Review;

a document brought into existence by the Independent Review or a person performing functions in relation to the Review.

(2DB) A Minister and an agency other than the Australian Human Rights Commission are not exempt under paragraph (2DA)(a) from the operation of this Act in relation to documents created for purposes other than the Independent Review to which a right of access otherwise exists or existed under the Act.

(2DC) A Minister and an agency are exempt from the operation of this Act in relation to the following documents (regardless of when the documents were brought into existence):

a document given to, or received by, a body listed in subsection (2AAA) in connection with the performance of the body’s functions;

a document brought into existence by a body listed in subsection (2AAA).

(2DD) A Minister and an agency are not exempt under paragraph (2DC)(a) from the operation of this Act in relation to documents created other than in connection with the performance of the functions of a body listed in subsection (2AAA) to which a right of access otherwise exists or existed under this Act.

(a) a document that has originated with, or has been received from, a Royal Commission to which Part 4 of the Royal Commissions Act 1902 applies and:

that contains information obtained at a private session for the Commission; or

that relates to a private session for the Commission and identifies a natural person who appeared at a private session for the Commission; or

that contains information that was given by a natural person to a member, or member of the staff, of the Commission for the purposes of a private session (whether or not a private session was, or is to be, held for the Commission) and identifies the person who gave the information; or

that contains information to which section 6ON of that Act (which deals with certain information given to the Child Sexual Abuse Royal Commission) applies; or

that contains information to which section 6OP of that Act (which deals with certain information given to the Disability Royal Commission) applies; or

that contains information to which section 6OQ of that Act (which deals with certain information given to the Defence and Veteran Suicide Royal Commission) applies;

a document that contains a summary of, or an extract or information from, a private session.

(a) a document (an AUSTRAC intelligence document) that has originated with, or has been received from, the Australian Transaction Reports and Analysis Centre (AUSTRAC) and that concerns information that was communicated to AUSTRAC:

(i) under Financial Transaction Reports Act 1988; orsection 16 of the repealed

(ii) under Anti-Money Laundering and Counter-Terrorism Financing Act 2006; orsection 41 of the

(iii) in response to a notice given under Anti-Money Laundering and Counter-Terrorism Financing Act 2006;section 49, 49B or 49C of the

a document that contains a summary of, or an extract or information from, an AUSTRAC intelligence document, to the extent that it contains such a summary, extract or information.

activities carried on by an agency on a commercial basis in competition with persons other than governments or authorities of governments; or

activities, carried on by an agency, that may reasonably be expected in the foreseeable future to be carried on by the agency on a commercial basis in competition with persons other than governments or authorities of governments.

activities carried on by NBN Co on a commercial basis; or

activities, carried on by NBN Co, that may reasonably be expected in the foreseeable future to be carried on by NBN Co on a commercial basis.

a document of an agency, other than an exempt document; or

an official document of a Minister, other than an exempt document.

any reasons the person gives for seeking access; or

the agency’s or Minister’s belief as to what are his or her reasons for seeking access.

a request is made by a person, in accordance with subsection 15(2), to an agency or Minister for access to:

a document of the agency; or

an official document of the Minister; and

any charge that, under the regulations, is required to be paid before access is given has been paid.

section 12 (documents otherwise available);

section 13 (documents in national institutions);

section 15A (personnel records);

section 22 (access to edited copies with exempt or irrelevant matter deleted).

Mandatory access—general rule

a conditionally exempt document; and

an exempt document:

under Division 2 of Part IV (exemptions); or

(ii) within the meaning of paragraph (b) or (c) of the definition of exempt document in subsection 4(1).

promote the objects of this Act (including all the matters set out in sections 3 and 3A);

inform debate on a matter of public importance;

promote effective oversight of public expenditure;

allow a person to access his or her own personal information.

Irrelevant factors

access to the document could result in embarrassment to the Commonwealth Government, or cause a loss of confidence in the Commonwealth Government;

access to the document could result in any person misinterpreting or misunderstanding the document;

the author of the document was (or is) of high seniority in the agency to which the request for access to the document was made;

access to the document could result in confusion or unnecessary debate.

Guidelines

personal information about any person, if it would be unreasonable to publish the information;

information about the business, commercial, financial or professional affairs of any person, if it would be unreasonable to publish the information;

other information of a kind determined by the Information Commissioner under subsection (2), if it would be unreasonable to publish the information;

any information, if it is not reasonably practicable to publish the information under this section because of the extent of any modifications to a document (or documents) necessary to delete information mentioned in paragraphs (a) to (c).

making the information available for downloading from the website; or

publishing on the website a link to another website, from which the information can be downloaded; or

publishing on the website other details of how the information may be obtained.

the person does not directly access the information by downloading it from the website (or another website); and

the charge is to reimburse the agency for a specific reproduction cost, or other specific incidental costs, incurred in giving the person access to that particular information.

a Saturday; or

a Sunday; or

a public holiday in the place where the function of publishing the information under this section is to be performed.

(a) a document, or a copy of a document, which is, under the Archives Act 1983, within the open access period within the meaning of that Act unless the document contains personal information (including personal information about a deceased person); or

a document that is open to public access, as part of a public register or otherwise, in accordance with an enactment or a Norfolk Island law, where that access is subject to a fee or other charge; or

a document that is open to public access, as part of a land title register, in accordance with a law of a State or Territory where that access is subject to a fee or other charge; or

a document that is available for purchase by the public in accordance with arrangements made by an agency.

the document, or that part of the document, contains information that is:

personal information about that person; or

information relating to that person’s business, commercial or financial affairs; or

the document, or that part of the document, is a document or a part of a document access to which is reasonably necessary to enable a proper understanding of a document of a Norfolk Island agency to which that person has lawfully had access.

(a) in the memorial collection within the meaning of the Australian War Memorial Act 1980; or

in the collection of library material maintained by the National Library of Australia; or

material included in the historical material in the possession of the Museum of Australia; or

(d) in the care (within the meaning of the Archives Act 1983) of the National Archives of Australia (otherwise than as a document relating to the administration of the National Archives of Australia); or

(e) a program or related material (within the meaning of the National Film and Sound Archive of Australia Act 2008) in the collection of the National Film and Sound Archive of Australia;

if the document was placed in that collection, or in that custody, by or on behalf of a person (including a Minister or former Minister) other than an agency.

(a) records of a Royal Commission that are in the care (within the meaning of the Archives Act 1983) of the National Archives of Australia are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Department administered by the Minister administering the Royal Commissions Act 1902; and

(b) records of the Commission of inquiry (within the meaning of the Quarantine Act 1908, as in force immediately before its repeal) that are in the custody of the Australian Archives are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Agriculture Department (within the meaning of the Biosecurity Act 2015); and

(c) records of a Commission of inquiry (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006) that are in the custody of the Australian Archives are, for the purposes of this Act, taken to be documents of an agency and to be in the possession of the Department administered by the Minister administering the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

be in writing; and

state that the request is an application for the purposes of this Act; and

provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency, or the Minister, to identify it; and

give details of how notices under this Act may be sent to the applicant (for example, by providing an electronic address to which notices may be sent by electronic communication).

delivery to an officer of the agency, or a member of the staff of the Minister, at the address of any central or regional office of the agency or Minister specified in a current telephone directory;

postage by pre-paid post to an address mentioned in paragraph (a);

sending by electronic communication to an electronic address specified by the agency or Minister.

Agency required to assist

wishes to make a request to an agency; or

has made to an agency a request that does not comply with this section;

it is the duty of the agency to take reasonable steps to assist the person to make the request in a manner that complies with this section.

as soon as practicable but in any case not later than 14 days after the day on which the request is received by or on behalf of the agency or Minister, take all reasonable steps to enable the applicant to be notified that the request has been received; and

as soon as practicable but in any case not later than the end of the period of 30 days after the day on which the request is received by or on behalf of the agency or Minister, take all reasonable steps to enable the applicant to be notified of a decision on the request (including a decision under section 21 to defer the provision of access to a document).

the period is extended by a further period of 30 days; and

the agency or Minister must, as soon as practicable, inform the applicant that the period has been so extended.

Extension of processing period to consult foreign entity

consult one of the following:

a foreign government;

an authority of a foreign government;

an international organisation; and

determine whether the document that is the subject of the request is an exempt document under subparagraph 33(a)(iii) or paragraph 33(b).

the period referred to in paragraph (5)(b) is extended by a period of 30 days; and

the agency or Minister must, as soon as practicable, inform the applicant that the period has been extended.

the applicant;

the agency or Minister.

a request has been made to an agency or Minister; and

(b) the period (the initial decision period) covered by subsection (2) has ended since the day the request was received by, or on behalf of, the agency or Minister; and

notice of a decision on the request has not been received by the applicant.

the principal officer of the agency or the Minister is taken to have made a decision personally refusing to give access to the document on the last day of the initial decision period; and

notice of the decision is taken to have been given under section 26 to the applicant on the same day.

Agency or Minister may apply for further time

makes a decision on the request within the further time allowed; and

complies with any condition imposed under subsection (6).

does not make a decision on the request within the further time allowed; or

does not comply with any condition imposed under subsection (6).

No further time allowed

there are established procedures in an agency (apart from those provided for by this Act) in accordance with which a request may be made by an employee of the agency for access to his or her personnel records; and

a person who is or was an employee of the agency wishes to obtain access to his or her personnel records;

the person must not apply under section 15 for access to such records unless the person:

has made a request for access to the records in accordance with the procedures referred to in paragraph (a); and

either:

is not satisfied with the outcome of the request; or

has not been notified of the outcome within 30 days after the request was made.

the document is not in the possession of that agency but is, to the knowledge of that agency, in the possession of another agency; or

the subject-matter of the document is more closely connected with the functions of another agency than with those of the agency to which the request is made;

the agency to which the request is made may, with the agreement of the other agency, transfer the request to the other agency.

originated with, or has been received from, a body which, or person who, is specified in Part I of Schedule 2; and

is more closely connected with the functions of that body or person than with those of the agency to which the request is made;

the request shall be transferred:

to the Department corresponding to the Department of State administered by the Minister who administers the enactment by or under which the body or person is established, continued in existence or appointed; or

if the request relates to a document that originated with, or has been received from, a part of the Department of Defence specified in Division 2 of Part I of Schedule 2—to that Department.

originated in, or has been received from, another agency, being an agency specified in Part II of Schedule 2 or an agency that is a body corporate established by or under an Act specified in Part III of Schedule 2; and

is more closely connected with the functions of the other agency in relation to documents in respect of which the other agency is exempt from the operation of this Act than with the functions of the agency to which the request is made;

the agency to which the request is made shall transfer the request to the other agency.

a request is made to an agency for access to more than one document; and

one or more of those documents is a document to which subsection (1), (2) or (3) applies;

this section applies to each of those documents as if separate requests for access had been made to the agency in respect of each of those documents.

made to the agency for access to the document that is the subject of the transfer; and

received by the agency at the time at which it was first received by an agency.

a request (including a request in relation to which a practical refusal reason exists) is made in accordance with the requirements of subsection 15(2) to an agency;

it appears from the request that the desire of the applicant is for information that is not available in discrete form in written documents of the agency; and

it does not appear from the request that the applicant wishes to be provided with a computer tape or computer disk on which the information is recorded; and

the agency could produce a written document containing the information in discrete form by:

the use of a computer or other equipment that is ordinarily available to the agency for retrieving or collating stored information; or

the making of a transcript from a sound recording held in the agency;

the agency shall deal with the request as if it were a request for access to a written document so produced and containing that information and, for that purpose, this Act applies as if the agency had such a document in its possession.

a reasonable opportunity to inspect the document;

provision by the agency or Minister of a copy of the document;

in the case of a document that is an article or thing from which sounds or visual images are capable of being reproduced, the making of arrangements for the person to hear or view those sounds or visual images;

in the case of a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form, provision by the agency or Minister of a written transcript of the words recorded or contained in the document.

would interfere unreasonably with the operations of the agency, or the performance by the Minister of his or her functions, as the case may be;

would be detrimental to the preservation of the document or, having regard to the physical nature of the document, would not be appropriate; or

would, but for this Act, involve an infringement of copyright (other than copyright owned by the Commonwealth, an agency or a State) subsisting in matter contained in the document, being matter that does not relate to the affairs of an agency or of a Department of State;

access in that form may be refused and access given in another form.

if the publication of the document concerned is required by law—until the expiration of the period within which the document is required to be published; or

if the document concerned has been prepared for presentation to Parliament or for the purpose of being made available to a particular person or body or with the intention that it should be so made available—until the expiration of a reasonable period after its preparation for it to be so presented or made available; or

if the premature release of the document concerned would be contrary to the public interest—until the occurrence of any event after which or the expiration of any period of time beyond which the release of the document would not be contrary to the public interest; or

if a Minister considers that the document concerned is of such general public interest that the Parliament should be informed of the contents of the document before the document is otherwise made public—until the expiration of 5 sitting days of either House of the Parliament.

an agency or Minister decides:

to refuse to give access to an exempt document; or

that to give access to a document would disclose information that would reasonably be regarded as irrelevant to the request for access; and

(b) it is possible for the agency or Minister to prepare a copy (an edited copy) of the document, modified by deletions, ensuring that:

access to the edited copy would be required to be given under section 11A (access to documents on request); and

the edited copy would not disclose any information that would reasonably be regarded as irrelevant to the request; and

it is reasonably practicable for the agency or Minister to prepare the edited copy, having regard to:

the nature and extent of the modification; and

the resources available to modify the document; and

it is not apparent (from the request or from consultation with the applicant) that the applicant would decline access to the edited copy.

Access to edited copy

prepare the edited copy as mentioned in paragraph (1)(b); and

give the applicant access to the edited copy.

Notice to applicant

that the edited copy has been prepared; and

of the grounds for the deletions; and

if any matter deleted is exempt matter—that the matter deleted is exempt matter because of a specified provision of this Act.

must undertake a request consultation process (see section 24AB); and

if, after the request consultation process, the agency or Minister is satisfied that the practical refusal reason still exists—the agency or Minister may refuse to give access to the document in accordance with the request.

the requests relate to the same document or documents; or

the requests relate to documents, the subject matter of which is substantially the same.

the work involved in processing the request:

in the case of an agency—would substantially and unreasonably divert the resources of the agency from its other operations; or

in the case of a Minister—would substantially and unreasonably interfere with the performance of the Minister’s functions;

the request does not satisfy the requirement in paragraph 15(2)(b) (identification of documents).

identifying, locating or collating the documents within the filing system of the agency, or the office of the Minister;

deciding whether to grant, refuse or defer access to a document to which the request relates, or to grant access to an edited copy of such a document, including resources that would have to be used for:

examining the document; or

consulting with any person or body in relation to the request;

making a copy, or an edited copy, of the document;

notifying any interim or final decision on the request.

any reasons that the applicant gives for requesting access; or

the agency’s or Minister’s belief as to what the applicant’s reasons are for requesting access; or

any maximum amount, specified in the regulations, payable as a charge for processing a request of that kind.

an intention to refuse access to a document in accordance with a request;

the practical refusal reason;

(c) the name of an officer of the agency or member of staff of the Minister (the contact person) with whom the applicant may consult during a period;

details of how the applicant may contact the contact person;

(e) that the period (the consultation period) during which the applicant may consult with the contact person is 14 days after the day the applicant is given the notice.

Assistance to revise request

giving the applicant a reasonable opportunity to consult with the contact person;

providing the applicant with any information that would assist the applicant to revise the request.

Extension of consultation period

withdraw the request;

make a revised request;

indicate that the applicant does not wish to revise the request.

the applicant does not consult the contact person during the consultation period in accordance with the notice; or

the applicant does not do one of the things mentioned in subsection (6) before the end of the consultation period.

Consultation period to be disregarded in calculating processing period

all reasonable steps have been taken to find the document; and

the agency or Minister is satisfied that the document:

is in the agency’s or Minister’s possession but cannot be found; or

does not exist.

Document not received as required by contract

in order to comply with section 6C, the agency has taken contractual measures to ensure that it receives the document; and

the agency has not received the document; and

the agency has taken all reasonable steps to receive the document in accordance with those contractual measures.

an exempt document by virtue of section 33 or subsection 37(1) or 45A(1); or

an exempt document to the extent referred to in subsection 45A(2) or (3).

an exempt document by virtue of section 33 or subsection 37(1) or 45A(1); or

an exempt document to the extent referred to in subsection 45A(2) or (3).

section 26 applies as if the decision to give the notice were a decision referred to in that section; and

the decision is taken, for the purposes of Part VI, to be a decision refusing to grant access to the document in accordance with the request referred to in subsection (2) of this section, for the reason that the document would, if it existed, be:

an exempt document by virtue of section 33 or subsection 37(1) or 45A(1); or

an exempt document to the extent referred to in subsection 45A(2) or (3).

state the findings on any material questions of fact, referring to the material on which those findings were based, and state the reasons for the decision; and

in the case of a decision to refuse to give access to a conditionally exempt document—include in those reasons the public interest factors taken into account in making the decision; and

where the decision relates to a document of an agency, state the name and designation of the person giving the decision; and

give to the applicant appropriate information concerning:

his or her rights with respect to review of the decision;

his or her rights to make a complaint to the Information Commissioner in relation to the decision; and

the procedure for the exercise of the rights referred to in subparagraphs (i) and (ii);

including (where applicable) particulars of the manner in which an application for internal review (Part VI) and IC review (Part VII) may be made.

arrangements have been entered into between the Commonwealth and a State about consultation under this section; and

a request is made to an agency or Minister for access to a document that:

originated with, or was received from, the State or an authority of the State; or

(ii) contains information (State-originated information) that originated with, or was received from, the State or an authority of the State; and

it appears to the agency or Minister that the State may reasonably wish to contend that:

the document is conditionally exempt under section 47B (Commonwealth-State relations etc.); and

access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5).

Consultation required

the State;

the applicant.

Access not to be given until review or appeal opportunities have run out

in relation to an edited copy of a document—in the same way as it applies to the document; and

in relation to a document containing State-originated information—to the extent to which the document contains such information.

(a) a request is made to an agency or Minister for access to a document containing information (business information) covered by subsection (2) in respect of a person, organisation or undertaking; and

(b) it appears to the agency or Minister that the person, organisation or proprietor of the undertaking (the person or organisation concerned) might reasonably wish to make a contention (the exemption contention) that:

the document is exempt under section 47 (trade secrets etc.); or

the document is conditionally exempt under section 47G (business information) and access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5).

in relation to a person—information about the person’s business or professional affairs;

in relation to an organisation or undertaking—information about the business, commercial or financial affairs of the organisation or undertaking.

the extent to which the information is well known;

whether the person, organisation or undertaking is known to be associated with the matters dealt with in the information;

the availability of the information from publicly accessible sources;

any other matters that the agency or Minister considers relevant.

Opportunity to make submissions

the person or organisation concerned is given a reasonable opportunity to make submissions in support of the exemption contention; and

the agency or the Minister has regard to any submissions so made.

the person or organisation concerned;

the applicant.

Access not to be given until review or appeal opportunities have run out

in relation to an edited copy of a document—in the same way as it applies to the document; and

in relation to a document containing business information—to the extent to which the document contains such information.

a request is made to an agency or Minister for access to a document containing personal information about a person (including a person who has died); and

(b) it appears to the agency or Minister that the person or the person’s legal personal representative (the person concerned) might reasonably wish to make a contention (the exemption contention) that:

the document is conditionally exempt under section 47F; and

access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5).

the extent to which the information is well known;

whether the person to whom the information relates is known to be (or to have been) associated with the matters dealt with in the information;

the availability of the information from publicly accessible sources;

any other matters that the agency or Minister considers relevant.

Opportunity to make submissions

the person concerned is given a reasonable opportunity to make submissions in support of the exemption contention; and

the agency or the Minister has regard to any submissions so made.

the person concerned;

the applicant.

Access not to be given until review or appeal opportunities have run out

in relation to an edited copy of a document—in the same way as it applies to the document; and

in relation to a document containing personal information—to the extent to which the document contains such information.

that the applicant is liable to pay a charge; and

the agency’s or Minister’s preliminary assessment of the amount of the charge, and the basis on which the assessment is made; and

that the applicant may contend that the charge has been wrongly assessed, or should be reduced or not imposed; and

the matters that the agency or Minister must take into account under subsection (5) in deciding whether or not to reduce, or not impose, the charge; and

the amount of any deposit that the agency or Minister has determined, under the regulations, that the applicant will be required to pay if the charge is imposed; and

that the applicant must, within the period of 30 days, or such further period as the agency or Minister allows, after the notice was given, notify the agency or Minister in writing:

of the applicant’s agreement to pay the charge; or

if the applicant contends that the charge has been wrongly assessed, or should be reduced or not imposed, or both—that the applicant so contends, giving the applicant’s reasons for so contending; or

that the applicant withdraws the request for access to the document concerned; and

that if the applicant fails to give the agency or Minister such a notice within that period or further period, the request for access to the document will be taken to have been withdrawn.

the applicant has notified the agency or Minister in a manner mentioned in paragraph (1)(f); or

the end of the period or further period mentioned in that paragraph.

whether the payment of the charge, or part of it, would cause financial hardship to the applicant, or to a person on whose behalf the application was made; and

whether the giving of access to the document in question is in the general public interest or in the interest of a substantial section of the public.

that period of 30 days has elapsed since the day on which the agency or Minister was so notified; and

the applicant has not received notice of a decision on the amount of charge payable;

the principal officer of the agency, or the Minister, as the case requires, is, for all purposes of this Act, taken to have made, on the last day of the period, a decision to the effect that the amount of charge payable is the amount equal to the agency’s or Minister’s preliminary assessment of the amount of the charge mentioned in paragraph (1)(b).

the applicant makes a contention about a charge as mentioned in subsection (4); and

the agency or Minister makes a decision to reject the contention, in whole or in part;

the agency or Minister, as the case requires, must give the applicant written notice of the decision and of the reasons for the decision.

his or her rights with respect to review of the decision; and

his or her rights to make a complaint to the Information Commissioner in relation to the decision; and

the procedure for the exercise of those rights;

including (where applicable) particulars of the manner in which an application for internal review (Part VI) and IC review (Part VII) may be made.

(a) on a particular day (the charge notice day) an applicant in relation to a request receives a notice under subsection 29(1) or (6) to the effect that the applicant is liable to pay a charge in respect of the request; and

(b) the notice is received before the end of the period (the processing period) applicable under paragraph 15(5)(b) in relation to the request (or that period as extended).

Processing period to be calculated disregarding period when charge unpaid

the day the applicant pays the amount of the charge (or a deposit on account of the charge prescribed by the regulations), whether or not the decision to impose the charge has been considered under section 29, or is the subject of a review under this Act;

if the amount of the charge is changed under section 29, or following a review under this Act—the day the applicant pays the amount of the charge (or a deposit on account of the charge prescribed by the regulations) as changed following the review;

if, under section 29, or following a review under this Act, a decision is made with the effect that the charge is not imposed—the day the applicant is notified of the decision.

the record of personal information to which the request relates is contained in a document of the agency or an official document of the Minister, as the case may be; and

the information is incomplete, incorrect, out of date or misleading; and

the information has been used, is being used or is available for use by the agency or Minister for an administrative purpose;

the agency or Minister may amend the record of information.

by altering the document or official document concerned to make the information complete, correct, up to date or not misleading; or

by adding to that document or official document a note:

specifying the respects in which the agency or Minister is satisfied that the information is incomplete, incorrect, out of date or misleading; and

in a case where the agency or Minister is satisfied that the information is out of date—setting out such information as is required to bring the information up to date.

take such steps as are reasonable in the circumstances to enable the applicant to provide a statement of the kind mentioned in paragraph 51A(c); and

subject to subsection (2), annotate the document or official document concerned by adding to it the statement so provided.

the document containing the record of personal information to which the request relates is not in the possession of that agency or Minister, but is, to the knowledge of the agency or Minister, in the possession of another agency or Minister; or

the subject matter of that document is more closely connected with the functions of another agency or Minister than with those of the agency or Minister to whom the application is made;

the agency or Minister to whom the application is made may, with the agreement of the other agency or Minister, transfer the application to the other agency or Minister.

originated with, or has been received from, a body or person specified in Part I of Schedule 2; and

is more closely connected with the functions of that body or person than with those of the agency or Minister to whom the application is made;

the agency or Minister to whom the application is made must transfer the application:

to the Department corresponding to the Department of State administered by the Minister who administers the enactment by or under which the body or person is established, continued in existence or appointed; or

if the application relates to a document that originated with, or has been received from, a part of the Department of Defence specified in Division 2 of Part I of Schedule 2—to that Department.

originated in, or has been received from, another agency, being an agency specified in Part II of Schedule 2 or an agency that is a body corporate established by or under an Act specified in Part III of Schedule 2; and

is more closely connected with the functions of the other agency in relation to documents in respect of which the other agency is exempt from the operation of this Act than with the functions of the agency or Minister to whom the application is made;

the agency or Minister to whom the application is made must transfer the application to the other agency.

an application made under section 48 to an agency or a Minister concerns records of personal information contained in more than one document; and

one or more of those documents is a document to which subsection (1), (2) or (3) applies;

this section applies to each of those documents as if separate applications had been made to the agency or Minister in respect of records of personal information contained in each of those documents.

inform the person making the application of the transfer; and

if it is necessary to do so in order to enable the other agency or Minister to deal with the application, send the document concerned to the other agency or Minister.

made to that agency or Minister under section 48; and

received by the agency or Minister at the time at which it was first received by an agency or Minister.

an application has been transferred to an agency or Minister in accordance with this section; and

the agency or Minister to whom the application has been transferred decides to amend or annotate, under this Part, a record of personal information to which the application relates;

the agency or Minister must, by written notice, notify the agency or Minister who made the transfer:

of that decision; and

of any amendment or annotation made by the first-mentioned agency or Minister in relation to that record.

an application has been made to an agency or Minister under section 48; and

(b) the period of 30 days mentioned in initial decision period) has ended since the day the application was received by, or on behalf of, the agency or Minister; andsection 51D (the

notice of a decision on the application has not been received by the applicant.

Deemed refusal

the principal officer of the agency or the Minister is taken to have made a decision personally refusing to amend or annotate the record of personal information to which the application relates on the last day of the initial decision period; and

notice of the decision is taken to have been given under section 26 to the applicant on the same day.

Agency or Minister may apply for further time

makes a decision on the application within the further time allowed; and

complies with any condition imposed under subsection (5).

does not make a decision on the request within the further time allowed; or

does not comply with any condition imposed under subsection (5).

No further time allowed

(a) within 30 days, or such further period as the agency allows, after the day the decision is notified to the applicant for internal review (the internal review applicant); or

in the case of an access refusal decision of a kind mentioned in paragraph 53A(b), (c) or (f), within whichever of the following is the longer period:

30 days, or such further period as the agency allows, after the day the decision is notified to the internal review applicant;

15 days after the day the access referred to in that paragraph was given (or purported to be given).

acting within the scope of authority exercisable by him or her; and

acting in accordance with arrangements approved by the responsible Minister or principal officer of the agency.

an application for internal review has been made to an agency; and

(b) the period (the initial decision period) of 30 days (as mentioned in subsection 54C(3)) has ended since the day the application for internal review was received by the agency; and

notice of a decision on the application has not been received by the internal review applicant.

the principal officer of the agency is taken to have made a decision personally affirming the original decision on the last day of the initial decision period; and

notice of the decision is taken to have been given under section 26 to the internal review applicant on the same day.

Agency may apply for further time

makes a decision on the application within the further time allowed; and

complies with any condition imposed under subsection (5).

does not make a decision on the request within the further time allowed; or

does not comply with any condition imposed under subsection (5).

No further time allowed