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GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 - As at 1 July 2023 - Act 52 of 2009

- As at 1 July 2023 - Act 52 of 2009

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Name of Act
  • 2 Commencement
  • 3 Object of Act
  • 4 Interpretation

PART 2 - OPEN GOVERNMENT INFORMATION--GENERAL PRINCIPLES

Division 1 - Ways of accessing government information

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

  • 16 Agencies to provide advice and assistance
  • 17 Role of Information Commissioner

PART 3 - OPEN ACCESS INFORMATION

Division 1 - Preliminary

Division 2 - Agency information guides

Division 3 - Policy documents

Division 4 - Disclosure log of 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

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

PART 7 - MISCELLANEOUS

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