Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 8

             (1)  The responsible Minister of an agency shall:

                     (a)  cause to be published, as soon as practicable after the commencement of this Part but not later than 12 months after that commencement, in a form approved by the Minister administering this Act:

                              (i)  a statement setting out particulars of the organization and functions of the agency, indicating, as far as practicable, the decision‑making powers and other powers affecting members of the public that are involved in those functions;

                             (ii)  a statement setting out particulars of any arrangements that exist for bodies or persons outside the Commonwealth administration to participate, either through consultative procedures, the making of representations or otherwise, in the formulation of policy by the agency, or in the administration by the agency, of any enactment or scheme;

                            (iii)  a statement of the categories of documents that are maintained in the possession of the agency, being categories that comply with subsection (6);

                            (iv)  a statement of particulars of the facilities, if any, provided by the agency for enabling members of the public to obtain physical access to the documents of the agency; and

                             (v)  a statement of any information that needs to be available to the public concerning particular procedures of the agency in relation to Part III, and particulars of the officer or officers to whom, and the place or places at which, initial inquiries concerning access to documents may be directed; and

                     (b)  during the year commencing on 1 January next following the publication, in respect of the agency, of the statement under subparagraph (a)(i), (ii), (iii), (iv) or (v) that is the first statement published under that subparagraph, and during each succeeding year, cause to be published statements bringing up to date the information contained in the previous statement or statements published under that subparagraph.

             (2)  In approving a form under subsection (1), the Minister shall have regard, amongst other things, to the need to assist members of the public to exercise effectively their rights under this Act.

             (3)  The information to be published in accordance with this section shall be published by including it:

                     (a)  in the annual report of the agency to the responsible Minister of the agency relating to the activities, operations, business or affairs of the agency; or

                     (b)  if there is no such report--in the annual report of the Department, or a Department, administered by the responsible Minister of the agency relating to the activities, operations, business or affairs of the Department.

             (4)  Nothing in this section requires the publication of information that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document.

             (5)  Subsection (1) applies in relation to an agency that comes into existence after the commencement of this Part as if the references in that subsection to the commencement of this Part were references to the day on which the agency comes into existence.

             (6)  The categories referred to in subparagraph (1)(a)(iii) include, but are not limited to, the following categories:

                     (a)  any documents referred to in paragraph 12(1)(b);

                     (b)  any documents referred to in paragraph 12(1)(c);

                     (c)  any other documents, if the documents are customarily made available to the public:

                              (i)  otherwise than under this Act; and

                             (ii)  free of charge upon request.