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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
FREEDOM OF
INFORMATION
AMENDMENT BILL 1993
Queensland
FREEDOM OF INFORMATION
AMENDMENT BILL 1993
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s.26 (Transfer of applications) . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s.36 (Cabinet matter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Amendment of s.37 (Executive Council matter) . . . . . . . . . . . . . . . . . . . . . . 6
6 Amendment of s.52 (Internal review) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s.74 (Commissioner to notify) . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s.83 (Conduct of reviews) . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Amendment of s.89 (Decisions of Commissioner) . . . . . . . . . . . . . . . . . . . . 8
1993
A BILL
FOR
An Act to amend the Freedom of Information Act 1992
4
Freedom of Information Amendment
Whereas--
(1) The Westminster system of government is based on the
responsibility of Cabinet to Parliament and Parliament to the electorate;
(2) The purpose of the convention of Ministerial responsibility under the
Westminster system is to secure the collective responsibility of Ministers to
Parliament;
(3) The collective responsibility of Ministers is only possible if Cabinet
debate is candid and unrestricted;
(4) An object of Parliament in enacting the Freedom of Information Act
1992 was to ensure that the convention of Ministerial responsibility was
preserved;
(5) It is, therefore, the intention of Parliament to make provision, by
amendments included in the amendments made by this Act, to remove any
doubt that Cabinet documents and discussions are to receive a level of
confidentiality appropriate to preserving the convention of Ministerial
responsibility intended by Parliament;
The Parliament of Queensland enacts--
title
Short
This Act may be cited as the Freedom of Information Amendment
Clause1.
Act 1993.
Act
Amended
The Freedom of Information Act 1992 is amended as set out in this
Clause2.
Act.
of s.26 (Transfer of applications)
Amendment
Section 26--
Clause3.
5
Freedom of Information Amendment
insert--
`(6) If--
(a) an application is made to an agency for access to more than
1 document; and
(b) 1 or more of the documents is a document to which
subsection (2) applies;
this section applies to each of the documents as if separate applications had
been made to the agency for each of the documents.'.
of s.36 (Cabinet matter)
Amendment
Section 36(1)--
Clause4.(1)
omit, insert--
`36.(1) Matter is exempt matter if--
(a) it has been submitted to Cabinet for its consideration; or
(b) it is was prepared for submission to Cabinet for its consideration
and is proposed, or has at any time been proposed, by a Minister
to be submitted to Cabinet for its consideration; or
(c) it was prepared for briefing a Minister about an issue proposed,
or that has at any time been proposed, to be considered by
Cabinet; or
(d) it forms part of an official record of Cabinet; or
(e) it is a draft of matter mentioned in paragraph (a), (b), (c) or (d); or
(f) it is a copy of, or contains an extract from, matter or a draft of
matter mentioned in paragraph (a), (b), (c) or (d); or
(g) its disclosure would involve the disclosure of any deliberation or
decision of Cabinet, other than matter that has been officially
published by decision of Cabinet.'.
(2) Section 36(2)--
omit `factual or statistical', insert `statistical, scientific or technical'.
(3) Section 36(4)--
6
Freedom of Information Amendment
insert--
` "matter" includes matter that was prepared before the commencement of
the Freedom of Information Amendment Act 1993.'.
of s.37 (Executive Council matter)
Amendment
Section 37(1)--
Clause5.(1)
omit, insert--
`37.(1) Matter is exempt matter if--
(a) it has been submitted to Executive Council for its consideration;
or
(b) it is was prepared for submission to Executive Council for its
consideration and is proposed, or has at any time been proposed,
by a Minister to be submitted to Executive Council for its
consideration; or
(c) it was prepared for briefing the Governor or a Minister about an
issue proposed, or that has at any time been proposed, to be
considered by Executive Council; or
(d) it forms part of an official record of Executive Council; or
(e) it is a draft of matter mentioned in paragraph (a), (b), (c) or (d); or
(f) it is a copy of, or contains an extract from, matter or a draft of
matter mentioned in paragraph (a), (b), (c) or (d); or
(g) its disclosure would involve the disclosure of any deliberation or
decision of Executive Council, other than matter that has been
officially published by decision of the Governor in Council.'.
(2) Section 37(2)--
omit `factual or statistical', insert `statistical, scientific or technical'.
(3) Section 37--
insert--
`(4) In this section--
"matter" includes matter that was prepared before the commencement of
the Freedom of Information Amendment Act 1993.'.
7
Freedom of Information Amendment
of s.52 (Internal review)
Amendment
Clause6.(1) Section 52(6) (after `an agency')--
insert `or a delegate of the Minister'.
(2) Section 52(6) (after `the agency')--
insert `or the delegate'.
(3) Section 52(7)(a)(i) (after `the agency')--
insert `or a delegate of the Minister'.
of s.74 (Commissioner to notify)
Amendment
Section 74--
Clause7.
insert--
`(2) The Commissioner is not obliged to inform a person mentioned in
subsection (1)(b) if, in the Commissioner's opinion, informing the person
may cause the person undue distress or otherwise adversely affect the
physical or mental wellbeing of the person.'.
of s.83 (Conduct of reviews)
Amendment
Section 83--
Clause8.
insert--
`(5) If--
(a) the Commissioner has decided under section 74(2) not to notify a
person of the review; and
(b) it later becomes apparent to the Commissioner that documents in
which the person has an interest are likely to be released;
the Commissioner must take reasonable steps to notify the person of the
likely release if the release may reasonably be expected to be of substantial
concern to the person.'.
8
Freedom of Information Amendment
of s.89 (Decisions of Commissioner)
Amendment
Section 89(4)--
Clause9.(1)
renumber as section 89(5).
(2) Section 89--
insert--
`(4) If--
(a) a document is to be released because of the review; and
(b) the Commissioner has notified a person under section 83(5) and
the person did not become a participant in the review;
the Commissioner must take reasonable steps to notify the person of the
release.'.
© State of Queensland 1993
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