Australian Capital Territory Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 79

    (1)     The Minister must, for each financial year—

        (a)     prepare a report on the operation of this Act during the year; and

        (b)     include the report in the report under the Annual Reports (Government Agencies) Act 2004 , section 5 (Annual report of chief executive) that is—

              (i)     for the financial year; and

              (ii)     for the administrative unit with responsibility for this Act.

Note     Financial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004 .

    (2)     Each responsible Minister must, for each financial year—

        (a)     prepare a report on the operation of this Act in relation to the Minister's official documents, and each agency for which the Minister is responsible, during the year; and

        (b)     present the report to the Legislative Assembly when the report for the agency under the Annual Reports (Government Agencies) Act 2004 must be presented to the Assembly.

    (3)     Each responsible Minister shall, in relation to that Minister's official documents and in relation to each agency for which that Minister is responsible, give to the Minister, on or before the date specified by the Minister, such information as the Minister requires for the preparation of a report under subsection (1).

    (4)     A report under subsection (1) shall set out—

        (a)     the number of requests under section 18 for access to documents received during the year by each agency and each responsible Minister; and

        (b)     the number of requests under section 48 for the amendment of personal records received during the year by each agency and each responsible Minister; and

        (c)     the number of requests under section 18 for access to documents, and the number of requests under section 48 for the amendment of personal records, received during the year by each agency and each responsible Minister, in relation to which a decision was notified—

              (i)     less than 31 days; or

              (ii)     not less than 31 days and not more than 45 days; or

              (iii)     not less than 46 days and not more than 60 days; or

              (iv)     not less than 61 days and not more than 90 days; or

              (v)     more than 90 days;

after the day on which the request was received by or on behalf of the agency or Minister; and

        (d)     an identification of the guidelines (if any) issued during the year in relation to the manner in which agencies or responsible Ministers should comply with their obligations under this Act; and

        (e)     a description of any other efforts to assist agencies or responsible Ministers to comply with their obligations under this Act.

    (5)     A report under subsection (2) shall set out particulars of the operations of the agency and responsible Minister under this Act during the year, including—

        (a)     the number of requests under section 18 for access to documents received during the year; and

        (b)     the number of requests received at any time in respect of which during the year—

              (i)     access other than partial access was granted to the document or all of the documents to which the request related; or

              (ii)     access was refused to the document or all of the documents to which the request related; or

              (iii)     partial access was granted; and

        (c)     the number of applications made during the year for the review of decisions under section 59 and particulars of the results of such reviews; and

        (d)     the number of applications made during the year to the ACAT for the review of decisions and particulars of the results of such reviews; and

        (e)     particulars of the total charges and application fees collected during the year in dealing with requests and other applications whenever received; and

        (f)     the number of requests received during the year to amend records under section 48 and particulars of the results of such requests.

    (6)     For subsection (5) (a) (ii), partial access shall be taken to have been granted in respect of a request if either or both of the following conditions are satisfied in relation to the request:

        (a)     access was granted to a copy of the document or of any of the documents to which the request related with deletions;

        (b)     the request related to 2 or more documents and access was refused to any 1 or more of the documents.