Consultation: Renewal of disclosure log determination No. 2011-1
On 12 September 2013, the Office of the Australian Information Commissioner (OAIC) released a consultation paper about the planned renewal of Disclosure Log Determination No. 2011-1 (Exempt Documents). The determination, issued by the Information Commissioner under s 11C(2) of the Freedom of Information Act 1982 (Cth) (FOI Act), has the effect that agencies and ministers do not have to publish on their disclosure log information in documents that were exempt at the time access was given to an FOI (freedom of information) applicant, or would have been exempt had the request been received from someone other than the applicant.
The determination expires on 16 October 2013. Before reissuing the determination, the Information Commissioner has posed a number of questions in the consultation paper to seek feedback from agencies, ministers, the public and any other interested parties about the operation and effectiveness of the determination.
FOI guidelines updated
The OAIC recently updated Parts 2 (Scope of the application of the FOI Act), 5 (Exemptions) and 9 (Internal review) of the FOI Guidelines. The OAIC anticipates releasing updates to Part 12 (Vexatious applicant declarations) in October 2013.
Agencies must have regard to these guidelines when they are performing a function or exercising a power under the Act.
Speech: The impact of technology on the Administrative Justice System, Professor John McMillan
Professor John McMillan, Australian Information Commissioner, recently spoke about the impact of technology on the Administrative Justice System at the Australian Institute of Administrative Law National Administrative Law Forum, in Canberra on 18 July 2013.
Interview: iQ magazine, Professor John McMillan
Professor John McMillan was interviewed recently by iQ magazine, the Records and Information Management Professionals Australasia quarterly magazine. The interview is featured in the August edition of iQ magazine and on the OAIC website.
Privacy law reform update
APP Guidelines consultation
A reminder that consultation on Chapters A-D and 1-5 of the Australian Privacy Principles (APP) Guidelines closes on Friday 20 September 2013. The remaining Principles are expected to be released for consultation over the coming weeks.
Code development and EDR recognition guidelines
Final versions of the Code Development and External Dispute Resolution (EDR) recognition guidelines are expected to be released before the end of September.
ARCA Credit Reporting code
The Credit Reporting Code submitted by the Australasian Retail Credit Association (ARCA) is currently under review.
Information Commissioner review decisions
Cornerstone Legal Pty Ltd and Australian Securities and Investment Commission  AICmr 71 (10 September 2013)
Public interest conditional exemption for business affairs — Whether disclosure could prejudice the future supply of information — Whether disclosure would be contrary to public interest — FOI Act s 47G; Public interest conditional exemption for agency operations — FOI Act s 47E.
Combined Pensioners and Superannuants Association of NSW Inc and Deputy Prime Minister and Treasurer  AICmr 70 (3 September 2013)
Whether document contains deliberative matter — Whether contrary to public interest to release conditionally exempt document — FOI Act ss 11A(5), 47C.
Sweeney and Australian Securities and Investments Commission  AICmr 68 (30 August 2013)
Request for access to documents — Whether documents subject to legal professional privilege — Whether disclosure would disclose commercially valuable information — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether disclosure would unreasonably affect business affairs — Whether premature release of documents would be contrary to the public interest — FOI Act ss 21, 42, 47, 47E, 47G.
The OAIC has advertised a new position for an Assistant Director, FOI Dispute Resolution, who will be responsible for leading a small team undertaking the OAIC’s dispute resolution and compliance functions under the FOI Act. Applications are due COB 19 September 2013.
For more information, visit the OAIC careers page
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