GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 - As at 1 July 2023 - Act 52 of 2009
- As at 1 July 2023 - Act 52 of 2009Table of Provisions
PART 1 - PRELIMINARY
PART 2 - OPEN GOVERNMENT INFORMATION--GENERAL PRINCIPLES
Division 1 - Ways of accessing government information
- 5 Presumption in favour of disclosure of government information
- 6 Mandatory proactive release of certain government information
- 7 Authorised proactive release of government information
- 8 Informal release of government information
- 9 Access applications
- 10 Disclosure and access under other laws
- 11 Act overrides secrecy provisions in other legislation
Division 2 - Public interest considerations
- 12 Public interest considerations in favour of disclosure
- 13 Public interest test
- 14 Public interest considerations against disclosure
- 15 Principles that apply to public interest determination
Division 3 - Assistance and oversight
PART 3 - OPEN ACCESS INFORMATION
Division 1 - Preliminary
- 18 What constitutes open access information
- 19 Excluded functions of particular agencies
Division 2 - Agency information guides
- 20 Agencies must have agency information guide
- 21 Adoption and review of agency information guide
- 22 Role of Information Commissioner
Division 3 - Policy documents
- 23 What constitutes an agency's policy documents
- 24 Effect of policy documents not being publicly available
Division 4 - Disclosure log of access applications
- 25 Requirement for disclosure log
- 26 Required information about access applications
Division 5 - Government contracts with private sector
- 27 Register of government contracts valued at $150,000 or more
- 28 Value of contract
- 29 Information to be entered in register--class 1 contracts
- 30 Additional information for class 2 contracts
- 31 Register to include copy of class 3 contract
- 32 Confidential information not required to be included in register
- 33 Variations to contracts
- 34 Minimum public access period for information on register
- 35 Register to be published on Government tenders website
- 36 Disputes
- 37 Agency obligation to find information
- 38 Exception for industry support contracts
- 39 Exception for SOCs--competitive neutrality
- 40 Exception for Landcom--contracts for sale of land Note
PART 4 - ACCESS APPLICATIONS
Division 1 - Making an access application
- 41 How to make an access application
- 42 Inclusion of additional information in applications
- 43 Access application cannot be made for excluded information
Division 2 - Transfer, amendment or withdrawal of access applications
- 44 Ways in which applications can be transferred
- 45 Agency-initiated transfer
- 46 Applicant-initiated transfer
- 47 Notice of transfer of application
- 48 Effect of transfer of application
- 49 Amendment of application
- 50 Withdrawal of application
Division 3 - Process for dealing with access applications
- 51 Initial decision as to validity of application
- 51A Effect of waiver, reduction or refund of application fee
- 52 Agency assistance with invalid applications
- 53 Searches for information held by agency
- 54 Consultation on public interest considerations
- 54A Consultation with other agencies
- 55 Consideration of personal factors of application
- 56 Authorised objector can object to inclusion in disclosure log
Division 4 - Deciding access applications
- 57 Required period for deciding application
- 58 How applications are decided
- 59 Decision that information already available to applicant
- 60 Decision to refuse to deal with application
- 61 Notice of decision to refuse to provide access
- 62 Notice of processing charges
- 63 Deemed refusal if application not decided within time
Division 5 - Processing charges and advance deposits
- 64 Processing charge for dealing with access application
- 65 Discounted processing charge--financial hardship
- 66 Discounted processing charge--special public benefit
- 67 Waiver of processing charge for personal information application
- 68 Advance deposit for payment of processing charge
- 69 Maximum advance deposit
- 70 Result of failing to pay advance deposit
- 71 Refund of advance deposit
Division 6 - How access is provided
- 72 Forms of access
- 73 Access to be unconditional
- 74 Deletion of information from copy of record to be accessed
- 75 Providing access by creating new record
- 76 Providing access to information not applied for
- 77 Period within which access rights must be exercised
- 78 Deferral of access
- 79 Provision of information subject to subpoena
PART 5 - REVIEW OF DECISIONS
Division 1 - Reviewable decisions
- 80 Which decisions are reviewable decisions
- 81 Extended review period where more than one decision made
Division 2 - Internal review by agency
- 82 Right of internal review
- 83 Time within which internal review can be applied for
- 84 Conduct of internal review
- 85 Fee for internal review
- 86 Required period for determination of internal review
- 87 No processing charges for internal review
- 88 No internal review of decision on internal review
Division 3 - Review by Information Commissioner
- 89 Right to have decision reviewed by Information Commissioner
- 90 Time limit for applying for review by Information Commissioner
- 91 Disclosure of public interest information
- 92 Recommendations on review
- 92A Required period for review
- 93 Recommendation for reconsideration of matter by agency
- 94 Recommendation as to public interest against disclosure
- 95 Recommendation as to general procedure of agency
- 96 Information Commissioner may refuse to review decision
- 97 Onus on agency to justify decisions
- 98 No review of decisions administratively reviewed by NCAT
- 99 Referral of agency decision to NCAT
Division 4 - Administrative review by Civil and Administrative Tribunal
- 100 Administrative review of decision by NCAT
- 101 Time for applying for NCAT administrative review
- 102 No internal review under ADR Act
- 103 Operation of other ADR Act provisions
- 104 Right of appearance before NCAT
- 105 Onus on agency to justify decisions
- 106 Decisions about Cabinet and Executive Council information
- 107 Procedure for dealing with public interest considerations
- 108 Delayed decisions
- 109 NCAT may refuse to review decision
- 110 Orders to restrain making of unmeritorious access applications
- 111 Referral of systemic issues to Information Commissioner
- 112 Report on improper conduct
- 112A Relationship of Division with ADR Act and NCAT Act
PART 6 - PROTECTIONS AND OFFENCES
Division 1 - Protections
- 113 Protection in respect of actions for defamation or breach of confidence
- 114 Protection in respect of certain criminal actions
- 115 Personal liability
Division 2 - Offences
- 116 Offence of acting unlawfully
- 117 Offence of directing unlawful action
- 118 Offence of improperly influencing decision on access application
- 119 Offence of unlawful access
- 120 Offence of concealing or destroying government information
PART 7 - MISCELLANEOUS
- 121 Provision of information by private sector contractors
- 122 Act binds the Crown
- 123 State Records Act not affected
- 124 Powers of Ombudsman
- 125 Reports to Parliament
- 126 Requirements for notices given by agencies
- 127 Waiver, reduction or refund of fees and charges
- 128 Nature of proceedings for offences
- 129 Regulations
- 130 Review of Act
- 131 Review of public interest provisions by Joint Committee
- 132 Government Information (Public Access) Regulation 2009
- SCHEDULE 1
- SCHEDULE 2
- SCHEDULE 3
- SCHEDULE 4 Schedule 5 (Repealed)