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Part 14 — Disclosure log introduction (original)

Archived Document — This document is no longer in use. Read the current FOI guidelines.

Original

Introduction

14.1 Agencies and ministersmust publish information that has been released in response to each FOI access request, subject to certain exceptions (s 11C of the FOI Act).[1]This publication isknown as a ‘disclosure log’.

14.2 The requirement to publish a disclosure log complements the establishment of the Information Publication Scheme (IPS) (see Part 13 of these guidelines). Together, these reforms require agencies and, for the disclosure log, ministers, to publish a greater range of government information.

14.3 The disclosure log facilitates publication to the world at large of information released under FOI to individual applicants. This reinforces the objective of the FOI Act to promote a pro-disclosure culture across government and to increase recognition that information held by government is a national resource (s 3(3)).

14.4 In time, disclosure log publication may reduce the resources required by agencies and ministers to deal with multiple requests for access to the same documents. It will also improve access to government resources that are of interest to the community.

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Disclosure log

14.5 Agencies and ministers must publish a disclosure log on their website (s 11C(3)). The disclosure log lists information that has been released in response to an FOI access request for documents held by the agency or minister (s 11C(1)). Three options for publishing information are specified in s 11C(3):

  • making the information available for downloading from the agency’s or minister’s website
  • linking to another website where the information can be downloaded, or
  • giving details of how the information may be obtained.

14.6 The Australian Information Commissioner recommends that agencies and ministers publish the information on a website.[2]

14.7 Agencies and ministers must publish this information within ten working days of giving the FOI applicant access to the information (s 11C(6)) (see Publication arrangements, paragraph 14.20 below).

Disclosure log exceptions

14.8 The disclosure log requirement does not apply to:

  • personal information about any person,if it would be ‘unreasonable’ to publish the information (s 11C(1)(a))
  • information about the business, commercial, financial or professional affairs of any person, if publication of that information would be ‘unreasonable’ (s 11C(1)(b))
  • other information of a kind determined by the Information Commissionerif publication of that information would be ‘unreasonable’ (ss 11C(1)(c) and 11C(2))
  • any information if it is not reasonably practicable to publish the information because of the extent of modifications that would need to be made to delete information listed in one of the above dot points (s 11C(1)(d)).

14.9 It would generally be ‘unreasonable’ to include in the disclosure log information about an individual or business that was released in response to an FOI request from that individual or business. The same applies to information about a person or business that was released to another FOI applicant, where the person or business was consulted under ss 27 or 27A of the FOI Act and did not object to the release to that particular FOI applicant but would object if the information was to become publicly available.[3]

14.10 As a general guide, it would not be unreasonable to publish in the disclosure log the name of aCommonwealth agencyofficial who is mentioned, in connection with their duties, in a document that was released under the FOI Act.[4] Nor, for the same reason, would it be unreasonable to publish the name of an official who signed a letter to an FOI applicant explaining a decision to release a document.

Determinations

14.11 TheInformation Commissioner may relieve an agency or minister from the requirement to publish in a disclosure log certain information to which the agency or minister gives access under the FOI Act, if in the Commissioner’s view it would be unreasonable to publish the information (11C(1)(c) and 11C(2)).

14.12 Section 11C(2) states that the Information Commissioner may by legislative instrument make a determination for the purposes of s 11C(1)(c).

14.13 In deciding whether to make a determination, the Information Commissioner may consider matters such as:

  • the extent to which publication of the information in question would further the objects of the FOI Act (s 3)
  • whether there is an established and reasonable public demand for the information
  • the estimated resource requirement for an agency to publish the information, and whether this would require an unreasonable diversion of agency resources.

14.14 A determination may apply to information of a general kind that is held by many agencies or ministers, or to information of a specific kind held by a particular agency or minister.

14.15 For further information about applying for a determination, please see Disclosure log determinations policy and procedure, available on the OAIC website.[5]

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Making information publicly available

14.16 Agencies and ministers will in practice make two separate decisions before publishing information in a disclosure log:

  • a decision will firstly be made under s 11A to grant access (in part or in full) to documents requested by an FOI applicant
  • a decision must then be made as to whether the information released should be published under s 11C.

14.17 Different requirements apply under the FOI Act to each decision:two should be noted. First, a decision to grant or refuse FOI access must be made by an ‘authorised person’ under s 23. There is no similar requirement applying to s 11C, although ‘authorised persons’ may be well placed to make these kinds of decisions given their familiarity with requests under the FOI Act. Each agency and minister will nevertheless need to establish their own processes for making decisions under s 11C.

14.18 Secondly,while consultation requirements apply before a decision can be made under s 11A to release documents affecting Commonwealth-State relations, business documents and documents affecting personal privacy (ss 26A, 27, 27A),there is no similar consultation requirement applying to s 11C, even though s 11C recognises that publication of personal, business and other information may be unreasonable.

14.19 The Information Commissioner encourages agencies and ministers to provide advance notice to FOI applicants and third parties that information released under the FOI Act may later be published in a disclosure log (subject to certain exceptions). This advance notice could be given to FOI applicants in the notice under s 15(5) that the person’s FOI request has been received, and to affected third parties during a consultation process under ss 26A, 27 or 27A (see Part 3 of the guidelines). The applicant or third party may choose to express a view on this issue and to identify personal or business information that in their view would be unreasonable to publish. However, it is important that applicants and third parties are also made aware of the pro-disclosure policy of the FOI Act embodied in s 11C.

Publication arrangements

14.20 Agencies and ministers must publish information in a disclosure log within ten working days after the FOI applicant was ‘given access’ to a document (s 11C(6)).

14.21 The date on which an FOI applicant is given access may be later than the date of the decision to grant access (see Part 8 of the guidelines). Before giving access, an agency or minister can require that a charge be paid (s 11A(1)(b), reg 11(1)), and must also be satisfied that all opportunities for review by third parties have run out and that the decision to grant access still stands or was confirmed (ss 26A(4), 27(7) and 27A(6)).

14.22 The date on which an FOI applicant is given access may vary according to the method by which access is given. For example, if a document was sent by email to an FOI applicant it is probable that it was received on the same day. If a document is instead sent by post it is presumed (unless the contrary is known) to have been received on the day it would be delivered in the ordinary course of post (Acts Interpretation Act 1901 s 29).

14.23 It is open to an agency or minister to publish information on a disclosure log earlier than the period of ten days stipulated in s 11C(6). Independently of the FOI Act an agency or minister may (subject to applicable secrecy provisions) publish information at any time and by any method. The FOI Act does not erode that discretion. It is therefore open to an agency or minister to publish information that is to be provided to an FOI applicant at the same time that access is provided. This is consistent with the principle of equal public access rather than exclusive individual access, which is inherent in the disclosure log mechanism and the IPS.

14.24 On the other hand, the Commissioner is aware that FOI works more smoothly and effectively if there is cooperation and trust between agencies and FOI applicants. This is important when the need arises to discuss the scope of a request or to agree upon an extension of time to process a request. There is a risk that a dispute about the date of disclosure on a particular occasion will flow over and create an unhealthy climate for efficient FOI processing in the future.

14.25 Agencies and ministers are encouraged to consider this issue and to decide upon an appropriate approach to publishing information in their disclosure log.It is advisable that each agency and minister adopts a guiding principle or practice as to when accessed information will be published under s 11C, so that applicants know of that practice in advance and that they will be treated similarly to other applicants. Further, if an agency or minister decides to provide access to the FOI applicant as at the same time it publishes information in its disclosure log, the agency or minister should consider reducing or waiving any charges it may otherwise have imposed under s 29 (see Part 4 of the guidelines).

Design and contents of the disclosure log

14.26 The FOI Act does not prescribe the form of a disclosure log. In the Information Commissioner’s view, it is desirable that agencies and ministers adopt a common approach, so that disclosure logs have a consistent appearance across government and can be easily understood by the community.

14.27 When designing or updating a disclosure log, agencies and ministers are encouraged to refer to the disclosure log template annexed to this documentto provide a consistent appearance across government (see Annexure A – Draft template disclosure log). However, some agencies may require different headings or modifications to the headings in annexure A, depending on the nature of FOI requests the agency handles and its IT systems and information platforms.

14.28 The features of a disclosure log are discussed below, but it essentially has three parts:

  • the log (or table) published on an agency’s or minister’s website, listing the information that is available for public access
  • that information, which may be accessible in different ways – for example, directly through the log as an attachment that can be downloaded, from another website, or upon request
  • a search facility applying to both the log and any attached information.

14.29 Information that is made available to the public under s 11C should, as a general rule, be released in the same form that it was released to the FOI applicant under s 11A. For example, if the FOI applicant was given a copy of an agency document, the same document should be available under s 11C, whether by download from a website or in some other manner. Similarly, if the document provided to an FOI applicant contained deletions, the same copy of the document should be available under s 11C.

14.30 A departure from that principle may be necessary for practical reasons. For example, if the FOI applicant inspected a document or viewed a video it may be necessary to make a different publication arrangement in the disclosure log. As a general rule, however, it is expected that the same information provided to an FOI applicant should be made publicly available under s 11C, rather than a summary or paraphrase of the document given to the FOI applicant.

14.31 As a matter of better practice, the Information Commissioner encourages agencies and ministers tosupplement the information they are required to make available under s 11C. It will advance the purpose of the disclosure log and the objects of the FOI Act if the following additional information is provided:

  • the terms of the FOI request that prompted the release of the information (this could be provided in a summary form, rather than as a copy of the FOI request)
  • whether the FOI applicant was given access to all documents that were requested, and if not, the exemption or other basis on which partial access was granted
  • whether all the information provided to the FOI applicant has been made publicly available under s 11C, and if not, the nature of the information that has not been made available.

14.32 Those details will assist the public to understand the information made available by an agency or minister in its disclosure log. For example, the topic or theme that unites a collection of papers may not be readily apparent unless the terms of the FOI request and the scope of the FOI disclosure is explained.

14.33 A practical design issue that arises is whether additional information of the kind described above should be listed in the disclosure log, or provided as an attachment or as a preface to the information made available under the disclosure log. The template disclosure log atannexure Acontains a column for summarising the relevant FOI request, so that all relevant information is provided in a single table. However, this will increase the size of the table, and agencies may prefer to include this information elsewhere on their FOI/disclosure log webpage.

14.34 It is also open to an agency or minister to supplement the disclosure log in other ways. For example, an agency may wish to point out that a document released under the disclosure log has been revised and published by the agency in a different form, or that the information provides only a partial picture of an issue. Any supplementation of this kind should be distinct from the information published in the disclosure log. The disclosure log should provide an accurate historical record of information released by an agency or minister under the FOI Act.

14.35 Agencies and ministers should have a clear statement on their websites, on their home page and/or on their disclosure log, about the extent to which the public can reuse material in which they hold copyright.

14.36 In deciding on the appropriate licensing, agencies and ministers should consider the Statement of Intellectual Property Principles for Australian Government Agencies at www.ag.gov.au/www/agd/agd.nsf/Page/Copyrightand proposed Guidelines on Licensing Public Sector Information, which the Attorney-General’s Department will be publishing on its website.

14.37 While most of the information an agency or minister publishes in its disclosure log will have been created by government, there may be documents in the agency’s or minister’s possession where a third party (such as the author or publisher of the material) owns the copyright.

14.38 No action lies against the Commonwealth, a minister, an agency or an officer of any agency for breach of copyright, amongst other things, if the minister or an agency officer publishes a document in good faith, in the belief that publication is required or permitted under the disclosure log provisions (s 90(1)(a)). However, this provision does not constitute authorisation or approval for reuse of the material, including by members of the public.

14.39 Where a third party owns copyright in material an agency or minister publishes as part of its disclosure log, the agency or minister should include a clear statement on their website advising the public that they may need to seek permission from the copyright owner in order to reuse the material. A statement such as the following could be used:

To the extent that copyright in some of this material is owned by a third party, you may need to seek their permission before you can reuse that material.

14.40 If an agency or minister knows the details of third party ownership of copyright in material it has published in its disclosure log, the agency or minister should, with the copyright owner’s consent, provide contact details on its website, in order to help members of the public.

Retaining and archiving information

14.41 Information listed in the disclosure log should remain on an agency’s or minister’s website, even if the attached information has been removed from the website. It is likely that the logwill grow in length over time and provide an historical as well as a current record of information released by an agency or minister under the FOI Act. Where an agency ceases to exist or is restructured, or a minister ceases to hold office, an adjustment may be necessary in accordance with change of government procedures applying at that time.

14.42 Although an agency or minister must maintain a disclosure log the FOI Act does not specifically require information attached or referred to in the log to be made available indefinitely. In the course of routine maintenance or updating of a website an agency may decide to withdraw some s 11C content and make the information available in another form, for example, on request. Similarly, an agency may decide that it is inappropriate to publish particular information on its website following a change of government or a ministerial or portfolio reshuffle. Conversely, an agency may find that information listed in the disclosure log that is available only on request should instead be published on the agency website because of frequent requests for that information. Before agencies destroy or transfer documents or information in the course of removing content from their website, they must seek NAA approval (Archives Act 1983 s 24). Approval is granted through the issuing of general records authorities, agency-specific records authorities and normal administrative practice.

14.43 Routine monitoring by agencies and ministers of disclosure log activity will assist them in deciding the best measures to adopt in furtherance of the FOI Act objective of facilitating public access to government information.

14.44 A disclosure log should indicate if information published on an agency’s or minister’s website is earmarked for removal at a future date. As a guide, the Information Commissioner recommends that information could be removed after 12 months unless the information has enduring public value. Details should be provided if information will thereafter be available in some other manner. Equally, if the information is no longer available from the agency (for example, it has been archived or destroyed), this should be noted by annotation to the disclosure log.

Routinely accessed information

14.45 Agencies have obligations under the IPS which are similar to the requirement to publish a disclosure log.Under the IPS, agencies must publish information in documents to which the agency routinely gives access in response to FOI access requests (s 8(2)(g)), except:

  • personal information about any individual, if it would be ‘unreasonable’ to publish the information (s 8(2)(g)(i))
  • information about the business, commercial, financial or professional affairs of any person, if publication of that information would be ‘unreasonable’ (s 8(2)(g)(ii))
  • other information of a kind determined by the Information Commissioner under s 8(3), if publication of that information would be ‘unreasonable’ (s 8(2)(g)(iii)).

14.46 Publication of information in a disclosure log will, in many instances, satisfy this IPS publication requirement. The IPS should nevertheless contain a clear link to the disclosure log and an explanation that it contains information to which the agency has routinely given access in response to FOI requests.

14.47 On the other hand, an agency may decide that it is preferable, in complying with s 8(2)(g), for the IPS to contain either an extract from the disclosure log or a separate summary of information that is routinely released by the agency in response to FOI requests. Whichever approach is adopted, agencies must observe the additional requirement in s 8(2)(g) that the IPS entry identify items of information that are ‘routinely’ disclosed by the agency in response to FOI requests.

14.48 For more information on s 8(2)(g) and the IPS generally seePart 13 of these guidelines.

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Facilitating access

14.49 The disclosure log is intended to facilitate public access to government information where there has been a demonstrated FOI interest in that information. To fulfil this objective it is important that the disclosure log and attached documents are easy to find on an agency’s or minister’s website.

14.50 More generally, agencies and ministers are encouraged to ensure that the disclosure log (including attached documents) is:

  • easily discoverable and understandable
  • machine-readable and, for the disclosure log itself, in tabular form
  • accessible – in particular, it must meet the Web Content Accessibility Guidelines version 2.0 (WCAG 2.0) (cross ref to paragraph 14.60 below)
  • so far as possible, made available for reuse on open licensing terms, so as to enhance the economic and social value of the information.[6]

14.51 The Information Commissioner encourages agencies and ministers to integrate these features into the design and ongoing administration of the disclosure log, and discusses six examples of how to integrate some of these features below.

14.52 First, to ensure that the disclosure log is easily discoverable, it is recommended that agencies and ministers use an easily identifiable disclosure log icon, which links from an IPS or FOI webpage through to the disclosure log. Information about how to use the OAIC developed icon is available inthe OAIC’sGuidance for agency websites.[7]

14.53 Second, agencies and ministers should clearly but briefly explain what the disclosure log is, to help make the information understandable – for example ‘publicly available information, released after an FOI access request’.

14.54 Third, agencies and ministers are encouraged to build appropriate search facilities (or where possible, utilise existing search facilities) to enable information in the log to be searched – for example by reference to particular words, categories or subject matter.

14.55 Fourth, it is recommended that agencies and ministers use RSS (Really Simple Syndication) technology to automatically distribute relevant news and announcements over the internet, and deliver content directly to subscribers.[8] An agency’s disclosure log RSS feed could be structured around the same content used on the website version of their disclosure log. Use of RSS content has the additional benefit of being highly machine-readable. If used in concert with appropriate open licences, RSS is a potentially useful technology for making agency disclosure log content available for reuse in other services and applications, such as public-made applications which track agency FOI disclosures.

14.56 Fifth, to enhance discoverability of information published in the disclosure log, agencies and ministers should adopt a controlled vocabulary, especially when titling documents. Agencies and ministers may have regard to the Australian Government Interactive Functions Thesaurus (AGIFT) for this purpose.[9]

14.57 Sixth, it will be important for agencies and ministers to generate appropriatemetadata. This willimprove the visibility and accessibility of their web services and linked data applications. Agencies and ministers should have regard to AGLS Meta Data Standard and the Australian Government Implementation Manual for AGLS Metadata.[10]

14.58 Some agencies and ministers already publish on their website information released in response to FOI requests. This has been done on a voluntary basis, while the disclosure log is a legal requirement that applies after 1 May 2011 to all agencies and ministers that are subject to the FOI Act. It is therefore important that after 1 May 2011, all disclosure logs are clearly identified and contain the features discussed in this paper as required by s 11C. It is open to an agency or minister to incorporate information published prior to that date, provided that the different basis for publication is made clear.

Accessibility

14.59 Information that forms part of the disclosure log must be published to ‘members of the public generally’ (s 11C(3)). Accessibility of published information by all members of the community is therefore an important issue for agencies and ministers to consider when establishing a disclosure log.

14.60 The Australian Government Information Management Office (AGIMO) advises that agencies and, in some circumstances, ministers,[11]in publishing information on their websites are required to conform toWCAG 2.0.[12] A staged compliance model requires agencies (and in some circumstances, ministers) to conform to Level A by December 2012 and Level AA by December 2014.[13]

14.61 The Australian Human Rights Commission has published World Wide Web Access: Disability Discrimination Act Advisory Notes (Version 4.0) which support the obligation to conform to WCAG 2.0.[14]

Charges

14.62 The intention of s 11C is that information published or made available under a disclosure log should be freely accessible by the community (s 11C(4)).An agency may charge to provide information in another form if the charge is to reimburse the agency for a specific reproduction or incidental cost in providing the information in another way (s 11C(4)(b)).

14.63 In determining whether or not to charge members of the public for information made available in another format, agencies and ministers should take account of the ‘lowest reasonable cost’ objective in the FOI Act (s 3(4)).

14.64 Details of any charges that an agency or minister will apply must be published on their website (s 11C(5)).[15]This should include the categories of information to which a charge may apply, the scale of the charge and an explanation for the charge.

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Information Commissioner’s functions and powers

14.65 The Information Commissioner has a role in monitoring the administration of disclosure logs by agencies and ministers.

14.66 The Commissioner’s function of investigating complaints about agency FOI administration extends to complaints about an agency’s disclosure log (s 70). The Commissioner can also undertake an own motion investigation into an agency’s FOI actions (s 69(2)). These complaint and investigation functions do not extend to the actions of ministers. Nor can disclosure log actions of an agency or minister be the subject of a review by the Information Commissioner under Part VII of the Act.

14.67 To facilitate Information Commissioner oversight of agency disclosure log actions, agencies are encouraged to keep an internal register which lists, in respect of every FOI request:

  • whether documents requested by the FOI applicant were released
  • whether any such documents, or the information contained within them, are listed in the agency disclosure log, in full or in part
  • if there is a listing, whether the information can be downloaded from the agency’s website or another linked website (or, instead, if details are given as to how the information may be obtained)
  • if there is no listing, the reason for not including the information in the agency’s disclosure log.

14.68 The Information Commissioner is also required to prepare an annual report on the operations of his office during the year (Australian Information Commissioner Act 2010 s 30). The Commissioner intends to include information on the administration of the disclosure log by agencies and ministers.

14.69 Section 93 of the FOI Act requires agencies and ministers to provide the Information Commissioner with information required by the Commissioner to prepare an annual report. Agencies and ministers will be required to provide the following information as part of their quarterly and annual statistical returns:

  • the number of FOI requests resolved during that period that are listed in the agency’s or minister’s disclosure log
  • for each listing, whether all (or only part) of the information provided to the FOI applicant is published in the disclosure log
  • the number of FOI requests resolved during that period that are not listed in the disclosure log, and the reason/sthese were not listed.

14.70 Agencies and ministers may also capture and provide information about the number of unique visitors and page views for webpages that are part of their disclosure log.[16]

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14.71 The FOI Act provides legal protection where information has been published in good faith in the belief that publication was either required or permitted by an agency or minister in a disclosure log (ss 90 and 92). The protection applies to the Commonwealth, a minister, an agency or an officer of an agency. The scope of the protection is that no action lies for defamation, breach of confidence or infringement of copyright and nominister or agency officers will be criminally liable.

14.72 These protections complement the policy objective of the Act, of providing a secure framework for publication of Australian Government information to the public. The protections are conditional, and apply only where a minister or agency officer publishes a document in good faith in the belief that the publication was required or permitted under the Act.

14.73 The legal protection provided by ss 90 and 92 applies also to the release of information in response to an FOI request, and to publication apart from the FOI Act where a minister or agency officer believes in good faith that publication is required or permitted. For more information about protections see Part 8 of the guidelines.

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Annexure A – Draft template disclosure log

Freedom of information disclosure log

Publicly available information released following an FOI access request

The [agency/Minister]is required by the Freedom of Information Act 1982 s 11C to publish a disclosure log on its website. The disclosure log lists information which has been released in response to an FOI access request.This requirement has applied since 1 May 2011.

The disclosure log requirement does not apply to:

  • personal information about any personif publication of that information would be ‘unreasonable’
  • information about the business, commercial, financial or professional affairs of any person if publication of that information would be ‘unreasonable’
  • other information covered by a determination made by the Australian Information Commissionerif publication of that information would be ‘unreasonable’
  • any information if it is not reasonably practicable to publish the information because of the extent of modifications that would need to be made to delete the information listed in the above dot points.

The information described in this disclosure log has been released by [agency/Minister] under the Freedom of Information Act 1982 and is available for public access.

A link is provided if the information can be downloaded from this website or another website.

Information that is not available on a website may be obtained by writing to [address]. A charge may be imposed to reimburse the agency/Minister for the cost incurred in copying or reproducing the information or sending it to you. There will be no charge for the time spent by the agency/Minister in processing the FOI request that led to this information being made available. You will be notified if any charge is payable and required to pay the charge before the information is provided.

There may be documents in the disclosure log that are currently not available in HTML format. If you are unable to read the format provided please contact [insert FOI contact details]. We will try to meet all reasonable requests for an alternative format of the document in a timely manner andat the lowest reasonable cost to you.

Information attached to, or referred to, in the [agency/Minister’s] disclosure log will generally be removed after 12 months, unless the information has enduring public value.

FOI reference numberDate of access(1)FOI request(2)Information published in the disclosure log(3)Other information(4)
         

(1) Agencies and ministers should note the date that the FOI applicant was given access to a document under s 11A.

(2) Agencies and ministers should provide a short summary of the FOI access request.

(3) Agencies and ministers should provide a short summary of information provided under s 11A.

(4) Agencies and minsters may note here, for example, that information is no longer available or has been revised by the agency or minister.

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Footnotes

[1] See www.comlaw.gov.au.

[2] See Explanatory Memorandum to the Freedom of Information Amendment (Reform) Bill 2009, p 14, which states that information is to be published to the public generally on a website, and if it cannot readily be published in that way, the website should give details of how the information may be obtained.

[3] Explanatory Memorandum to the Freedom of Information Amendment (Reform) Bill 2009, p 7.

[4] Explanatory Memorandum to the Freedom of Information Amendment (Reform) Bill 2009, p 7.

[5] See www.oaic.gov.au/publications/guidelines.html.

[6] See the draft Guidelines on Licensing Public Sector Information for Australian Government Agencies, Attorney-General’s Department, 2011. See also the draft Principles on open public sector information in Issues Paper 1 –-Towards an Australian Government Information Policy, published by the OAIC.

[7] See www.oaic.gov.au/publications/guidelines.html

[8] For more information, see the AGIMO web guide, http://webguide.gov.au/finding-content/rss-2/.

[9] See http://www.naa.gov.au/records-management/create-capture-describe/describe/agift/agift-zip.aspx

[10] For more information, see http://www.naa.gov.au/records-management/create-capture-describe/describe/agls/index.aspx

[11] Generally, ministerial sites managed by departments or agencies need to conform to WCAG 2.0, but this requirement does not apply to ministers’ personal sites and party political sites.

[12] See http://www.finance.gov.au/publications/wcag-2-implementation/index.html.

[13] See AGIMO Circular 2010/005 at: http://www.finance.gov.au/e-government/strategy-and-governance/Whole-of-Government-ICT-Policies.html.

[14] See the DDA Advisory Notes, www.hreoc.fov.au/disability_rights/standards/www_3/www_3.html.

[15] This is similar to the requirement to publish information about charges and information under the IPS, see ss 11C(5) and 8D(5).

[16] For guidance about website monitoring see Better Practice Checklist – 11: Website Usage Monitoring and Evaluation available at http://www.finance.gov.au/e-government/better-practice-and-collaboration/better-practice-checklists/website-monitoring.html.

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