Guidelines

Inclusion of new paragraph 1.8 to place greater emphasis on administrative access and releasing government information outside the formal requirement of the FOI Act.

Updated reference to Part 13 — Information publication scheme (paragraph 1.14).

Expanded discussion of the application of the FOI Act to the Official Secretary to the Governor-General following Kline v Official Secretary to the Governor-General [2012] FCAFC 184 (paragraph 2.7).

Inclusion of Parliamentary Budget Office and Parliamentary Budget Officer in list of bodies that are not agencies for the purposes of the FOI Act and updated footnote reference to Fair Work Australia to the Fair Work Commission (paragraph 2.9)

Incorporation of footnote references to recent AAT and IC review decisions (paragraphs 2.10 and 2.19)

Included a reference to the exemption of all agencies and ministers from the FOI Act in relation to private sessions before the Child Sexual Abuse Royal Commission (paragraph 2.12).

Clarification that the authorised person makes a decision on behalf of the minister in the capacity of an agent rather than in their own right as an authorised person (paragraph 2.24).

Addition of new paragraphs encouraging agencies to develop policies and processes that facilitate the disclosure of information to the public administratively (paragraphs 3.3–3.5).

Clarification that a request may be made by one person on behalf of another person or group, or by an organisation (such as a law firm or non-government organisation) on behalf of a client or member (paragraphs 3.6, 3.36–3.39). See also the Information Commissioner's statement Who qualifies as a 'person' eligible to make a request under s 15 of the Freedom of Information Act 1982? (January 2013) (PDF).

Inclusion of footnote reference to Agency resource 14: Access to government information – administrative access schemes (paragraph 3.23).

Expanded discussion of requirements when making an FOI request by email or fax and referencing s 14A of the Electronic Transactions Act 1999 (paragraphs 3.28–29).

Incorporation of footnote references to IC review decisions: 'G' and Australian Taxation Office [2012] AICmr 9 and 'H' and Australian Broadcasting Corporation [2012] AICmr 10 (paragraph 3.54 fn 14).

Clarification that the processing period commences on the day after the day the request is received (paragraph 3.31)

Removed inaccurate footnote reference to Chu v Telstra Corporation Limited (2005) FCA 1730 (paragraph 3.58).

Updated to included references to Parliamentary Budget Office documents (s 45A) (paragraph 3.89).

Updated fee payable to the AAT for an application for review of a decision of the Information Commissioner (paragraph 4.8)

Expanded discussion of collecting charges and whether a charge is a debt due to the Commonwealth (paragraph 4.30).

Clarification that a decision maker does not have to consider the content of a document where it is clear from the applicant's request that, if such a document exists, the Act does not apply to it (paragraph 4.53).

Discussion of good administrative practice when notifying an internal review applicant of an affirmed charges decision (paragraphs 4.64-4.66).

Incorporation of footnote references to IC review decisions (paragraphs 4.48, 4.53 and 4.56).

Inclusion of reference to the Parliamentary Budget Office documents exemption (s 45A) (paragraphs 5.6, 5.44, 5.154–5.163)

Incorporation of footnote references to IC review decisions throughout (paragraphs 5.53, 5.94, 5.110, 5.128, 5.134, 5.139, 5.181).

Insert reference to Carver and Fair Work Ombudsman [2011] AICmr 5 at paragraph 6.25 and text at paragraph 6.63
Updated cross-reference to Part 8 of FOI Guidelines at paragraph 6.49
Inserted text at paragraphs 6.49 and 6.84
Inclusion of references to ss 47E(c) and 47E(d) at paragraphs 6.87 and 6.92
Updated regarding Norfolk Island amendments
Updated regarding commencement of the IPS (paragraph 6.57)

Incorporation of footnote references to IC review decisions throughout (paragraphs 6.25, 6.29, 6.32, 6.62, 6.68, 6.78, 6.120, 6.127, 6.166, 6.184, 6.196).

Removal of reference to Department of Social Security v Dyrenfurth (1988) 80 ALR 533 (paragraph 6.142).

Amended description of Searle Australia Pty Ltd v Public Interest Advocacy Centre and Department of Community Services and Health (1992) 108 ALR 163 to more accurately reflect ‘serious criminality' rather than ‘unlawful conduct' (paragraph 6.166).

Amendment of references to FOI Act (paragraphs 7.40 and 7.41)

Amendment to include references to Parliamentary Budget Office documents (s 45A) (paragraphs 8.45–8.46).

Updated reference to the Electronic Transactions Act 1999 and calculating the processing period (paragraphs 8.71–8.75).

Expanded discussion of extensions of time provisions to the processing timeframes for deemed decisions following O'Donoghue v Australian Information Commissioner (No. 3) [2012] FCA 1244.

Updated to note that, where third party review rights apply only to some of the documents falling under an access grant decision, the FOI applicant should be given access to the remaining documents as soon as practicable (paragraph 8.97)

Amendment to clarify when third parties may apply for internal or IC review (paragraphs 8.100–8.104).

New paragraph clarifying guidance regarding extension of time (paragraph 9.25)
Paragraph numbers from paragraph 9.25 renumbered
Clarification of third party consultation at paragraph 9.26
Updated regarding Norfolk Island amendments

Amendment to clarify when third parties may apply for internal review (paragraphs 9.12–9.13).

Addition of guidance regarding who should notify the FOI applicant if a third party has sought IC review of an access grant decision (paragraph 10.78)
Updated regarding Norfolk Island amendments

Clarification as to when third parties may apply for IC review (paragraph 10.9).

Inserted text noting that the Information Commissioner and the Inspector-General Intelligence and Security have entered into a memorandum of understanding (paragraph 10.55).

Amendment to include references to Parliamentary Budget Office documents exemption (s 45A) (paragraphs 10.69, 10.72, 10.74).

Updated regarding commencement of the IPS (paragraphs 13.1 and 13.12)
Updated regarding the publication of the Principles on Open Public Sector Information (paragraph 13.10)

Stylistic changes throughout document

Added information about the OAIC's IPS compliance review program (paragraphs 13.24 and 13.132)

Provided clarification in regard to the listing of officers appointed under statute to a position or role in an agency on the agency's IPS entry (paragraph 13.51)

Removed reference to 2011 annual reports (paragraph 13.54)

Included advice about consultation with affected staff where potential harm could arise from publishing their names in information released under s 8(2)(g) (paragraph 13.64)

Added footnote referring agencies to the Information Commissioner's Guidance for agency websites (paragraph 13.82)

Amended references to guidance from other agencies referred to in the section on ‘Other information to be published under the IPS' (paragraphs 13.106-13.111)

Updated reference providing examples of alert services agencies may provide on their IPS entries (paragraph 13.116)

Rearranged the references to guidance from other agencies about publishing information on the web (paragraph 13.117)

Provided information about agencies' current IPS statistical reporting obligations as of July 2011 and removed references to superseded proposed reporting obligations (paragraph 13.137)

Amended to reference the latest version of the Attorney-General Department's Intellectual Property Manual (paragraph 13.140)

Stylistic changes to website references throughout document.

References to the Guidance for agency websites: ‘Access to information' web page updated and included throughout document, including the annexed IPS agency plan template.

Expanded discussion of IPS website publication requirements to include reference to the ‘Access to information' icon and links to other agency online content (paragraph 13.116).

Addition of guidance regarding publication of telephone numbers of officers and publication of edited versions of documents on the disclosure log (paragraphs 14.10 and 14.11)
Paragraph numbers from paragraph 14.10 renumbered
Updated regarding Norfolk Island amendments (paragraphs 14.18, 14.19, 14.21)
Updated regarding commencement of the IPS (paragraphs 14.59)

Stylistic changes and rearrangement of content throughout document – key changes discussed below

Included reference to Disclosure Log Determination No. 2011-1 (Exempt Documents) (paragraph 14.13)

Added more discussion about what constitutes ‘unreasonable publication' on the disclosure log (paragraphs 14.15–14.19)

As part of the above update, included advice about consultation with affected staff where potential harm could arise from publishing their names in information released on the disclosure log (paragraph 14.18)

Discussed in greater detail considerations about the timing of disclosure log publication (paragraphs 14.21–14.27)

Updated to state the Information Commissioner's preference to release the same information provided to applicants through the disclosure log wherever it is practicable to do so, and to make the information available for direct download (paragraphs 14.30–14.31)

Included additional discussion about the copyright status of agency disclosure logs and referred to the latest version of the Attorney-General Department's Intellectual Property Manual (paragraph 14.38)

Expanded discussion of accessibility of online content as it applies to the disclosure log (paragraphs 14.60–14.63)

Updated regarding statistics agencies and ministers will be required to provide the OAIC about their disclosure log activity (paragraph 14.71)

Stylistic changes to website references throughout document.

Expanded discussion on supplementing the disclosure log where the information originated from internal working papers or other documents not representing the views of the agency, minister or the Government (paragraph 14.36).

Updated discussion of disclosure log discoverability to include reference to the revised Guidance for agency websites: ‘Access to information' web page (paragraph 14.53).