FREEDOM OF INFORMATION ACT 1982 - SECT 64 Reporting by Information Commissioner
FREEDOM OF INFORMATION ACT 1982 - SECT 64
Reporting by Information CommissionerS. 64(1) amended by No. 20/2017 s. 72(2).
(1) As soon as practicable after the end of each financial year, the Information Commissioner must prepare an annual report on the operation of this Act during that year.
(2) The report must contain information relating to the following for the relevant year—
(a) the number of requests made to each agency and to each Minister;
(b) the number of decisions that an applicant was not entitled to access to a document on a request, the provisions of this Act under which these decisions were made and the number of times each provision was invoked;
(c) the name and designation of each officer of an agency with authority to make a decision in relation to a request, and the number of decisions made by each officer that an applicant was not entitled to access to a document pursuant to a request;
S. 64(2)(d) amended by No. 20/2017 s. 72(2).
(d) the number of applications for review of a decision by the Information Commissioner under Division 1 of Part VI and the decisions on the applications;
(e) the number of applications to the Tribunal under section 50 and in respect of each application—
(i) the decision of the Tribunal; and
(ii) the details of any other order made by the Tribunal; and
(iii) if the decision in respect of which the application was made was a decision that an applicant is not entitled to access to a document in accordance with a request, the provision of this Act under which the first-mentioned decision was made;
S. 64(2)(f) amended by No. 20/2017 s. 72(2).
(f) the number of complaints made to the Information Commissioner under Part VIA;
(g) the number of notices served on the principal officer of an agency under section 12(1) and the number of decisions by the principal officer under that section that are adverse to a person's claim;
(h) details of any disciplinary action taken against any officer in respect of the administration of this Act;
S. 64(2)(i) amended by No. 20/2017 s. 72(2).
(i) details of any recommendations made by the Information Commissioner under Part VIA;
(j) the amount of any charges collected by each agency and Minister under this Act;
(k) details of any reading room or other facility provided by the agency or Minister for use by applicants or members of the public, and the publications, documents or other information regularly on display in that reading room or other facility;
(l) details of any difficulties met in the administration of this Act in relation to staffing and costs;
(m) any other facts that indicate an effort by the agency or Minister to administer and implement the spirit and intention of this Act.
S. 64(3) amended by No. 20/2017 s. 72(3).
(3) The report may include a report on the performance and exercise of the Information Commissioner's functions and powers under this Act.
(4) The report must fairly, fully and accurately set out the response of an agency, Minister, person or body in relation to a recommendation referred to in subsection (2)(i).
S. 64(5) amended by No. 20/2017 s. 72(2).
(5) The Information Commissioner must transmit the annual report for a year to each House of the Parliament to be laid before that House on the same day that the annual report of the Information Commissioner under the Financial Management Act 1994 for that year is laid before that House.
S. 64(6) inserted by No. 2/2019 s. 143.
(6) At least one business day before the Information Commissioner transmits the annual report to the Parliament under subsection (5), the Information Commissioner must give an advance copy of the annual report to—
(a) the Minister; and
(b) the Secretary to the Department of Premier and Cabinet.
S. 64A (Heading) substituted by No. 20/2017 s. 73(1), amended by No. 2/2019 ss 195(1), 201.
S. 64A inserted by No. 6/2012 s. 30.