FREEDOM OF INFORMATION ACT 2016 - SECT 28 Requirement for disclosure log

FREEDOM OF INFORMATION ACT 2016 - SECT 28

    (1)     An agency and Minister must keep a record of access applications dealt with by the agency or Minister (a disclosure log ).

    (2)     The disclosure log must include the following for each access application:

        (a)     the access application;

        (b)     the decision notice or notices given under section 51;

        (c)     if government information was given to the applicant in response to the application—the information;

        (d)     if additional government information was given to the applicant under section 36—the information;

        (e)     a statement of—

              (i)     the amount of any fees paid or waived in relation to the application; and

              (ii)     the amount of time spent dealing with the application;

        (f)     details of any decision made by the ombudsman in relation to the application;

        (g)     any additional information the ombudsman decides to disclose when making a decision mentioned in paragraph (f);

        (h)     details of any decision made by the ACAT in relation to the application;

              (i)     any additional information the ACAT decides to disclose when making a decision mentioned in paragraph (h).

    (3)     If an agency or Minister decides not to disclose government information in response to an access application, the disclosure log must also include a statement about—

        (a)     who may apply to the ombudsman for review of the decision; and

        (b)     how to make the application for review of the decision; and

        (c)     the other options available under ACT laws to have the decision reviewed.

    (4)     The information required to be recorded in the disclosure log under subsections (2) and (3) must be included in the disclosure log not earlier than 3, and not later than 10, working days after the day the decision notice is given to the applicant.

    (5)     An agency's disclosure log may also include government information released by the agency in response to an informal request.

    (6)     A disclosure log must not include—

        (a)     an access application for personal information; or

        (b)     information about an applicant's business, commercial, financial or professional affairs, the publication of which would be unreasonable in the circumstances.

Example

information about unsubstantiated food safety allegations made against the applicant's business, the publication of which could unduly damage the reputation of the applicant's business