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Appendix Four — Agencies subject to the FOI Act as at 30 June 2014

Australian Government ministers and bodies that meet the definition of 'agency' in s 4(1) are subject to the Freedom of Information Act 1982 (FOI Act). Table A4 below indicates which bodies are covered by the FOI Act, and which are excluded. Some agencies, such as courts, are subject to the FOI Act but only in relation to a limited class of documents.

This appendix lists Australian Government agencies, ministers and parliamentary secretaries by portfolio. From 1 January 2011, the FOI Act has applied to Norfolk Island ministers and authorities; individual Norfolk Island ministers and authorities are not listed in this appendix.

The list in this appendix is based upon information provided by agencies, and is not authoritative.

Table A4 Agencies covered by the FOI Act and those that are excluded
FOI Act agencies
Exceptions
Departments of State

All Departments of State (eg the Department of Foreign Affairs and Trade, and the Department of Health) are subject to the FOI Act.
Section 68A of the Parliamentary Service Act 1999 excludes departments and office-holders established under that Act from the application of the FOI Act.
Bodies established by the Commonwealth for a public purpose

Bodies set up for a public purpose under legislation, or by an Order in Council, are subject to the FOI Act.
General exceptions are set out in s 4 of the FOI Act and include:
  • incorporated companies or associations
  • Royal Commissions
  • commissions of inquiry within the meaning of the Quarantine Act 1908 or the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and
  • the legislature of the NT, ACT or Norfolk Island
  • Section 7 also excludes the bodies specified in Part I of Schedule 2 to the Act (which include intelligence agencies, the Parliamentary Budget Office, the Australian Government Solicitor and the Auditor-General).
Holders of an office established for a public purpose

Holders of an office established under an enactment or an Order in Council are subject to the FOI Act.
The following exceptions are set out in s 4(3):
  • members of the legislature of the NT, ACT or Norfolk Island
  • ministers of the NT or ACT or Administrator or Deputy Administrator of Norfolk Island
  • a holder of an office established under s 12 of the Norfolk Island Act 1979
  • an office performing duties as part of employment by a department or a prescribed authority
  • an office excluded by Regulations
  • an office of a member of a body
  • an office established for the purposes of a prescribed authority.
Courts

Courts are deemed to be prescribed authorities, and subject to the FOI Act in respect of administrative matters.
The FOI Act does not apply to certain documents of the Federal Court, the Family Court and the Federal Circuit Court of Australia about complaint handling.
Prescribed bodies

These bodies are listed in Schedule 1 to the Freedom of Information (Miscellaneous Provisions) Regulations 1982. As at 30 June 2014 the only body listed under the regulations was Aboriginal Hostels Limited.
 
Prescribed office holder

As at 30 June 2014 there were no prescribed office holders.
 
National Broadband Network (NBN Co)

NBN Co is listed in paragraph (aa) of the definition of prescribed authority in s 4(1) of the FOI Act.
 

Agriculture

  1. Australian Fisheries Management Authority
  2. Australian Pesticides and Veterinary Medicines Authority
  3. Cotton Research and Development Corporation
  4. Department of Agriculture
  5. Fisheries Research and Development Corporation
  6. Grains Research and Development Corporation
  7. Grape and Wine Research and Development Corporation
  8. Minister for Agriculture
  9. National Rural Advisory Council
  10. Parliamentary Secretary to the Minister for Agriculture
  11. Rural Industries Research and Development Corporation
  12. Wine Australia Corporation

Attorney-General's

  1. Administrative Appeals Tribunal
  2. Administrative Review Council
  3. Admiralty Rules Committee
  4. Attorney-General
  5. Attorney-General's Department
  6. Australia Council for the Arts
  7. Australian Commission for Law Enforcement Integrity
  8. Australian Crime Commission
  9. Australian Federal Police
  10. Australian Film, Television and Radio School
  11. Australian Financial Security Authority
  12. Australian Human Rights Commission
  13. Australian Institute of Criminology
  14. Australian Law Reform Commission
  15. Australian National Maritime Museum
  16. Australian Transaction Reports and Analysis Centre
  17. Classification Board
  18. Classification Review Board
  19. Copyright Tribunal of Australia
  20. CrimTrac
  21. Defence Force Discipline Appeal Tribunal
  22. Family Court of Australia
  23. Family Law Council
  24. Federal Circuit Court of Australia
  25. Federal Court of Australia
  26. Film Certification Advisory Board
  27. High Court of Australia
  28. Minister for Justice
  29. Minister for the Arts
  30. Museum of Australian Democracy
  31. National Archives of Australia
  32. National Film and Sound Archive of Australia
  33. National Gallery of Australia
  34. National Library of Australia
  35. National Museum of Australia
  36. National Native Title Tribunal
  37. National Portrait Gallery of Australia
  38. Office of Parliamentary Counsel
  39. Office of the Australian Information Commissioner
  40. Office of the Commonwealth Director of Public Prosecutions
  41. Public Lending Right Committee
  42. Screen Australia
  43. Solicitor-General

Communications

  1. Australian Broadcasting Corporation
  2. Australian Communications and Media Authority
  3. Australian Postal Corporation
  4. Department of Communications
  5. Minister for Communications
  6. NBN Co Ltd
  7. Parliamentary Secretary to the Minister for Communications
  8. Special Broadcasting Service Corporation
  9. Telecommunications Universal Service Management Agency

Defence

  1. Army and Air Force Canteen Service
  2. Assistant Minister for Defence
  3. Australian Defence Human Research Ethics Committee
  4. Australian Military Forces Relief Trust Fund
  5. Australian War Memorial
  6. Defence Families of Australia
  7. Defence Housing Australia
  8. Defence Reserves Support Council
  9. Department of Defence
  10. Department of Veterans' Affairs
  11. Military Rehabilitation and Compensation Commission
  12. Minister Assisting the Prime Minister on the Centenary of ANZAC
  13. Minister for Defence
  14. Minister for Veterans' Affairs
  15. Parliamentary Secretary to the Minister for Defence
  16. Repatriation Commission
  17. Repatriation Medical Authority
  18. Royal Australian Air Force Veterans' Residences Trust Fund
  19. Royal Australian Air Force Welfare Trust Fund
  20. Royal Australian Navy Central Canteens Fund
  21. Royal Australian Navy Relief Trust Fund
  22. Specialist Medical Review Council
  23. Veterans' Review Board

Education

  1. Assistant Minister for Education
  2. Australian Curriculum, Assessment and Reporting Authority
  3. Australian Institute of Aboriginal and Torres Strait Island Studies
  4. Australian National University
  5. Australian Research Council
  6. Department of Education
  7. Minister for Education
  8. Parliamentary Secretary to the Minister for Education
  9. Tertiary Education Quality and Standards Agency

Employment

  1. Asbestos Safety and Eradication Agency
  2. Assistant Minister for Employment
  3. Coal Mining Industry (Long Service Leave Funding) Corporation
  4. Comcare
  5. Department of Employment
  6. Fair Work Commission
  7. Fair Work Ombudsman
  8. Minister for Employment
  9. Office of the Fair Work Building Industry Inspectorate
  10. Road Safety Remuneration Tribunal
  11. Safe Work Australia
  12. Safety, Rehabilitation and Compensation Commission
  13. Seafarers Safety, Rehabilitation and Compensation Authority
  14. Workplace Gender Equality Agency

Environment

  1. Australian Heritage Council
  2. Bureau of Meteorology
  3. Clean Energy Regulator
  4. Climate Change Authority
  5. Commonwealth Environmental Water Holder
  6. Department of the Environment
  7. Director of National Parks
  8. Great Barrier Reef Marine Park Authority
  9. Minister for the Environment
  10. Murray-Darling Basin Authority
  11. National Environment Protection Council
  12. National Environment Protection Council Service Corporation
  13. National Water Commission
  14. Parliamentary Secretary to the Minister for the Environment
  15. Sydney Harbour Federation Trust
  16. Water Efficiency Labelling and Standards Regulator

Finance

  1. Albury-Wodonga Corporation
  2. Australasian Procurement and Construction Council Inc
  3. Australian Electoral Commission
  4. Australian Political Exchange Council
  5. Commonwealth Superannuation Corporation
  6. ComSuper
  7. Department of Finance
  8. Future Fund Management Agency
  9. Minister for Finance
  10. Parliamentary Retiring Allowances Trust
  11. Parliamentary Secretary to the Minister for Finance
  12. Secretaries' ICT Governance Board
  13. Special Minister of State

Foreign Affairs and Trade

  1. Australian Centre for International Agricultural Research
  2. Australian Trade Commission
  3. Department of Foreign Affairs and Trade
  4. Export Finance and Insurance Corporation
  5. Minister for Foreign Affairs
  6. Minister for Trade and Investment
  7. Parliamentary Secretary to the Minister for Foreign Affairs
  8. Tourism Australia

Health

  1. Advisory Committee on Biologicals
  2. Advisory Committee on Chemicals Scheduling
  3. Advisory Committee on Complementary Medicines
  4. Advisory Committee on Medical Devices
  5. Advisory Committee on Medicines Scheduling
  6. Advisory Committee on Non-prescription Medicines
  7. Advisory Committee on Prescription Medicines
  8. Advisory Committee on the Safety of Medical Devices
  9. Advisory Committee on the Safety of Medicines
  10. Assistant Minister for Health
  11. Australian Commission on Safety and Quality in Health Care
  12. Australian Commission on Safety and Quality in Healthcare Board
  13. Australian Community Pharmacy Authority
  14. Australian Institute of Health and Welfare
  15. Australian National Preventative Health Agency
  16. Australian Organ and Tissue Donation and Transplantation Authority
  17. Australian Radiation Protection and Nuclear Safety Agency
  18. Australian Sports Anti-Doping Authority
  19. Australian Sports Commission
  20. Cancer Australia
  21. Complaints Resolution Panel (Therapeutic Goods Advertising)
  22. Department of Health
  23. Food Standards Australia New Zealand
  24. Gene Technology Ethics and Community Consultative Committee
  25. Gene Technology Ministerial Council
  26. Gene Technology Regulator
  27. Gene Technology Technical Advisory Committee
  28. Health and Hospitals Fund Advisory Board
  29. Health Workforce Australia
  30. Independent Hospital Pricing Authority
  31. Independent Review PBS Cost Recovery Committee
  32. Medical Training Review Panel
  33. Medicare Participation Review Committee
  34. Minister for Health
  35. Minister for Sport
  36. National Blood Authority
  37. National Health and Medical Research Council
  38. National Health Performance Authority
  39. National Industrial Chemicals Notification and Assessment Scheme
  40. National Mental Health Commission
  41. Pathology Services Table Committee
  42. Pharmaceutical Benefits Advisory Committee
  43. Pharmaceutical Benefits Remuneration Tribunal
  44. Private Health Insurance Administration Council
  45. Private Health Insurance Ombudsman
  46. Professional Services Review
  47. Prostheses List Advisory Committee
  48. Second Review Dental Benefits Act 2008 Committee
  49. Sport and Recreation Ministers' Council
  50. Therapeutic Goods Advertising Codes Council
  51. Therapeutic Goods Committee

Immigration and Border Protection

  1. Assistant Minister for Immigration and Border Protection
  2. Australian Customs and Border Protection Service
  3. Department of Immigration and Border Protection
  4. Migration Review Tribunal
  5. Minister for Immigration and Border Protection
  6. Refugee Review Tribunal

Industry

  1. Australian Institute of Marine Science
  2. Australian Nuclear Science and Technology Organisation
  3. Australian Renewable Energy Agency
  4. Australian Skills Quality Authority
  5. Committees established under Tradesmen's Rights Regulation Act 1946
  6. Commonwealth Scientific and Industrial Research Organisation
  7. Department of Industry
  8. Designs Office
  9. Geoscience Australia
  10. Minister for Industry
  11. National Offshore Petroleum Safety and Environmental Management Authority
  12. Offshore Minerals Joint Authority
  13. Parliamentary Secretary to the Minister for Industry
  14. Patent and Trade Marks Attorneys Disciplinary Tribunal
  15. Patent Office
  16. Plant Breeder's Rights Advisory Committee
  17. Professional Standards Board for Patent and Trade Marks Attorneys
  18. Skills Australia Board
  19. The Education Investment Fund Advisory Board
  20. Trade Marks Office

Infrastructure and Regional Development

  1. Airservices Australia
  2. Assistant Minister for Infrastructure and Regional Development
  3. Australian Maritime Safety Authority
  4. Australian Transport Safety Bureau
  5. Civil Aviation Safety Authority
  6. Department of Infrastructure and Regional Development
  7. Infrastructure Australia
  8. International Air Services Commission
  9. Minister for Infrastructure and Regional Development
  10. National Capital Authority
  11. National Transport Commission

Prime Minister and Cabinet

  1. Aboriginal Benefit Account Advisory Committee
  2. Aboriginal Hostels Limited
  3. Australian Public Service Commission
  4. Commonwealth Ombudsman
  5. Coordinator General for Remote Indigenous Services
  6. Defence Force Remuneration Tribunal
  7. Department of the Prime Minister and Cabinet
  8. Executive Director of Township Leasing
  9. Independent National Security Legislation Monitor
  10. Indigenous Business Australia
  11. Indigenous Land Corporation
  12. Merit Protection Commissioner
  13. Minister Assisting the Prime Minister for the Public Service
  14. Minister Assisting the Prime Minister for Women
  15. Minister for Indigenous Affairs
  16. Office of the Official Secretary to the Governor-General
  17. Office of the Registrar of Indigenous Corporations
  18. Parliamentary Secretary to the Prime Minister
  19. Prime Minister
  20. Remuneration Tribunal
  21. Torres Strait Regional Authority
  22. Wreck Bay Aboriginal Community Council

Social Services

  1. Assistant Minister for Social Services
  2. Australian Hearing
  3. Australian Institute of Family Studies
  4. Department of Human Services
  5. Department of Social Services
  6. Minister for Human Services
  7. Minister for Social Services
  8. National Disability Insurance Agency
  9. Office of the Aged Care Commissioner
  10. Parliamentary Secretary to the Minister for Social Services
  11. Social Security Appeals Tribunal

Treasury

  1. Assistant Treasurer
  2. Auditing and Assurance Standards Board
  3. Australian Accounting Standards Board
  4. Australian Bureau of Statistics
  5. Australian Charities and Not-for-Profits Commission
  6. Australian Competition and Consumer Commission
  7. Australian Competition Tribunal
  8. Australian Energy Regulator
  9. Australian Prudential Regulation Authority
  10. Australian Reinsurance Pool Corporation
  11. Australian Securities and Investments Commission
  12. Australian Taxation Office
  13. Clean Energy Finance Corporation
  14. Commonwealth Grants Commission
  15. Companies Auditors and Liquidators Disciplinary Board
  16. Corporations and Markets Advisory Committee
  17. Department of the Treasury
  18. Financial Reporting Council
  19. Financial Reporting Panel
  20. Inspector-General of Taxation
  21. Minister for Small Business
  22. National Competition Council
  23. Parliamentary Secretary to the Treasurer
  24. Productivity Commission
  25. Reserve Bank of Australia
  26. Superannuation Complaints Tribunal
  27. Takeovers Panel
  28. Tax Practitioners Board
  29. Treasurer

Norfolk Island (an external territory)

  1. Administration of Norfolk Island