FREEDOM OF INFORMATION ACT 1989 - As at 1 July 2010 - Act 5 of 1989

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Act binds Crown
• 4 Relationship with other Acts
• 5 Objects
• 6 Definitions
• 7 Public authorities
• 8 Public offices
• 9 Certain bodies etc exempt from operation of Act
• 10 Act not to apply to judicial functions of courts and tribunals
• 11 Documents in certain agencies
• 12 Defunct agencies

PART 2 - PUBLICATION OF CERTAIN INFORMATION

• 14 Publication of information concerning affairs of agencies
• 15 Availability of certain documents
• 15A Disclosure of government contracts with the private sector

PART 3 - ACCESS TO DOCUMENTS

Division 1 - General

• 16 Right of access to agencies' documents
• 17 Applications for access to agencies' documents
• 18 Persons by whom applications to be dealt with etc
• 19 Incomplete and wrongly directed applications
• 20 Transfer of applications
• 21 Agencies may require advance deposits
• 22 Agencies may refuse to continue to deal with applications if advance deposit not paid
• 23 Information stored in computer systems etc
• 24 Determination of applications
• 25 Refusal of access
• 26 Deferral of access
• 27 Forms of access
• 28 Notices of determination
• 29 Division to be read subject to Division 2

Division 2 - Consultation

• 30 Documents affecting inter-governmental relations
• 31 Documents affecting personal affairs
• 32 Documents affecting business affairs
• 33 Documents affecting the conduct of research

Division 3 - Internal review

• 34 Internal review

Division 4 - Ministers' documents

• 35 Right of access to Ministers' documents
• 36 Applications for access to Ministers' documents
• 37 Persons by whom applications to be dealt with etc
• 38 Divisions 1 and 2 to apply

PART 4 - AMENDMENT OF RECORDS

Division 1 - General

• 39 Right to apply for amendment of agencies' records
• 40 Applications for amendment of agencies' records
• 41 Persons by whom applications to be dealt with etc
• 42 Incomplete applications
• 43 Determination of applications
• 44 Refusal to amend records
• 45 Notices of determination
• 46 Notations to be added to records

Division 2 - Internal review

• 47 Internal review

Division 3 - Ministers' records

• 48 Right to apply for amendment of Ministers' records
• 49 Applications for amendment of Ministers' records
• 50 Persons by whom applications to be dealt with etc
• 51 Division 1 to apply

PART 5 - EXTERNAL REVIEW

Division 1 - Review by the Ombudsman

• 52 Review by the Ombudsman
• 52A Redetermination of applications following action by Ombudsman

Division 2 - Reviews by the Tribunal

• 52B Definitions
• 53 Right to make a review application
• 54 Time within which review applications to be made
• 55 Procedure for dealing with exempt matter
• 56 Delayed determinations
• 57 Consideration of restricted documents
• 58 Tribunal may report improper conduct

Division 3 - Review by the Supreme Court

• 58A Review by the Supreme Court
• 58B Consideration of documents the subject of a Ministerial certificate
• 58C Confirmation of a Ministerial certificate for Cabinet and Executive Council documents

PART 6 - MISCELLANEOUS

• 59 Ministerial certificates
• 59A Public interest
• 59B Extension of 21 day period for dealing with applications
• 60 Service of notices
• 61 Burden of proof
• 62 Agency taken to have made determinations
• 63 Proceedings may be taken etc in the name of the principal officer of an agency
• 64 Protection in respect of actions for defamation or breach of confidence
• 65 Protection in respect of certain criminal actions
• 66 Personal liability
• 67 Fees and charges
• 68 Reports to Parliament
• 69 Regulations
70, 71. (Repealed)
• SCHEDULE 1
• SCHEDULE 2