Northern Territory Consolidated Acts

INFORMATION ACT

TABLE OF PROVISIONS

           Long Title

           part 1 - preliminary

   1.      Short title
   2.      Commencement
   3.      Objects
   4.      Definitions
   5.      Public sector organisations
   6.      Holding government information
   7.      Nature of rights created by this Act
   8.      Act binds Crown
   9.      Relationship with other laws

           part 2 - general principles about disclosure of information

   10.     General principle of accountability for government information
   11.     Information about public sector organisations
   12.     Publicly available information
   13.     When does this Act apply to government information?
   14.     When does this Act apply to personal information?

           part 3 - access and correction rights

           Division 1 - General principles

   15.     Right to access government information
   16.     Right to access or correct personal information
   17.     Duty of public sector organisation in dealing with applications

           Division 2 - Accessing government information
           Subdivision 1 - How is an application made and how is it processed?

   18.     Application for access to government information
   19.     Response to application
   20.     Notice of decision on application
           Subdivision 2 - What decisions may be made in relation to an application?
   21.     Providing access in whole or in part
   22.     Providing edited copies of information
   23.     Deferring access
   24.     Refusing access because information is exempt
   25.     Refusing access because providing access unreasonably interferes with operations
   26.     More time may be required to make decision
   27.     Information cannot be identified or found or does not exist
   28.     Information not held by organisation
   29.     Transfer of application
   30.     Information about third parties

           Division 3 - Correcting personal information
           Subdivision 1 - How is an application made and how is it processed?

   31.     Application to correct personal information
   32.     Response to application
   33.     Notice of decision on application
           Subdivision 2 - What decisions may be made in relation to an application?
   34.     Correcting information
   35.     Refusing to correct information
   36.     More time may be required to make decision
   37.     Transfer of application

           Division 4 - Review by public sector organisation

   38.     Application for review
   39.     Conduct of review
   40.     Decision on review
   41.     Notice of outcome of review

           Division 5 - Miscellaneous

   42.     Vexatious applicants

           part 4 - exemptions in the public interest

           Division 1 - Effect of exemption

   43.     Public sector organisation may provide access to exempt information

           Division 2 - Disclosure generally is not in the public interest

   44.     Exemption
   45.     Executive Council, Cabinet, Territory economy
   46.     Security and law enforcement
   47.     Information exempt under corresponding FOI laws
   48.     Secrecy provisions
   49.     Preservation of system of justice
   49A.    Information obtained or created because of investigation

           Division 3 - Disclosure in a particular case is not in the public interest

   50.     Exemption
   51.     Inter-governmental relations
   52.     Deliberative processes
   53.     Effective operations of public sector organisations
   54.     Health, safety, environment and place of significance
   55.     Confidentiality obligations, confidential sources
   56.     Privacy and cultural information
   57.     Commercial and business information, research, examination papers
   58.     Financial and property interests of Territory or public sector organisation

           Division 4 - Exemption certificates

   59.     Exemption
   60.     Issuing exemption certificate
   61.     Duration of exemption certificate
   62.     Exemption certificate not to be queried
   63.     Exemption certificate not to be issued after complaint made
   64.     Delegation not permitted

           part 5 - Protection of privacy

           Division 1 - Information privacy principles

   65.     What are IPPs?
   66.     What information do IPPs apply to?
   67.     What is an interference with a person's privacy?

           Division 2 - Exemptions from IPPs

   68.     Publicly available information
   69.     Courts and tribunals
   70.     Law enforcement agencies
   71.     Statistics and research

           Division 3 - Codes of practice

   72.     Public sector organisation may prepare draft code of practice
   73.     Commissioner may recommend submission of draft code of practice for approval
   74.     Minister may submit draft code of practice for approval
   75.     Administrator may approve code of practice
   76.     When does a code of practice take effect?
   77.     Variation of code of practice
   78.     Revocation of code of practice
   79.     Compliance with code of practice
   80.     Register of codes of practice

           Division 4 - Authorisations by Commissioner

   81.     Grant of authorisation

           Division 5 - Compliance notices

   82.     Commissioner may serve compliance notice
   83.     Extension of time to comply
   84.     Offence for non-compliance

           part 6 - information commissioner

           Division 1 - Establishment, functions and powers

   85.     Information Commissioner
   86.     Functions of Commissioner
   87.     Powers of Commissioner
   88.     Duty to assist persons to exercise rights
   89.     Delegation

           Division 2 - Appointment provisions

   90.     Terms and conditions of appointment
   91.     Termination of appointment
   92.     Leave of absence
   93.     Resignation
   94.     Acting Commissioner
   95.     Members of Legislative Assembly ineligible for appointment

           Division 3 - Miscellaneous

   96.     Staff and consultants
   97.     Sharing staff and physical resources
   98.     Annual report
   99.     Special report
   100.    Validity of Commissioner's acts and decisions
   101.    Obstruction etc. of Commissioner
   102.    Commissioner must not disclose exempt information

           part 7 - complaints to information commissioner

           Division 1 - Complaints procedure

   103.    Complaint after review by public sector organisation
   104.    Complaint about interference with privacy
   105.    Form of complaint
   106.    Commissioner to accept or reject complaint
   107.    Notification of acceptance or rejection
   108.    Referral of complaints to Ombudsman, Health Complaints Commissioner or interstate Privacy Commissioner
   109.    Withdrawal of complaint
   110.    Investigation of complaint
   111.    Mediation is pre-condition to hearing
   112.    Resolution of complaint by mediation or other agreement
   113.    Hearing of complaint
   114.    Determination of complaint about accessing or correcting information
   115.    Determination of complaint about interference with privacy
   116.    Notice of decision
   117.    Commissioner may deal with similar complaints together
   118.    Commissioner may discontinue complaint
   119.    Effect of complaint on acts and decisions
   120.    Role of Ombudsman or Health Complaints Commissioner

           Division 2 - Procedure for hearings

   121.    Conduct generally
   122.    Parties and representation
   123.    Hearing is closed to public
   124.    Powers to compel evidence
   125.    Onus and burden of proof where access refused
   126.    Costs of hearing
   127.    Contempt
   128.    Conduct of hearing other than by Commissioner

           part 8 - APPEALS from decisions of information commissioner

   129.    Appeal to Supreme Court

           part 9 - records and archives management

           Division 1 - Preliminary

   130.    Application of Part 131. Duties of chief executive officers
   132.    Archives service to have regard to objects of Act

           Division 2 - Obligations of public sector organisations

   133.    Protecting records
   134.    Managing records
   135.    Transferring records
   136.    Form of records

           Division 3 - Standards

   137.    Preparation by archives service
   138.    Minister may approve standards
   139.    Review of standards
   140.    Advice to public sector organisations

           Division 4 - Managing archives

   141.    When should records be transferred to the archives service?
   142.    Determination of open access period
   143.    Archives in public access period to be publicly available
   144.    Accessing and correcting archives not yet publicly available

           Division 5 - Offence

   145.    Mishandling records

           part 10 - general OFFENCES AND MATTERS relating to liability

           Division 1 - General offences and related procedural matters

   146.    False or misleading statements
   147.    Concealing or disposing of government information to prevent access or correction
   148.    Confidentiality
   149.    Liability of and with respect to contract service providers
   150.    Conduct of directors, employees and agents

           Division 2 - Legal immunity

   151.    Acts done to administer or comply with this Act
   152.    Acts done to exercise rights
   153.    Information volunteered by public sector organisation

           part 11 - MISCELLANEOUS

   154.    No review or other proceedings outside this Act
   155.    Applications and complaints on behalf of children, persons with disabilities or deceased persons
   156.    Fees for applications and complaints
   157.    Changes in functions of public sector organisations
   158.    Regulations
   159.    Application
   160.    Review after 5 years
           schedule 1
           SCHEDULE 2