FREEDOM OF INFORMATION ACT 1992
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Objects of Act
- 4 Agencies, duties of when applying Act
- 5 Crown bound
- 6 Access rights etc. in Parts 2 and 4 do not apply to documents that are already available
- 7 Access rights in Parts 2 and 4, application of to private collections
- 8 Access rights etc. in Parts 2 and 4, effect of on other Acts etc.
- 9 Terms used (Glossary)
PART 2 -- Access to documents
Division 1 -- Right of access and applications for access
- 10 Right of access to documents
- 11 Application for access
- 12 Access application, form etc. of
Division 2 -- Procedure for dealing with access applications
- 13 Agency’s duties as to access application etc.
- 14 Ambit of application may be reduced by agreement
- 15 Document held etc. by another agency, transferring application etc. in case of
- 16 Charge for access, calculation of etc.
- 17 Charge for access, applicant may request estimate of etc.
- 18 Deposit for charges, agency may require etc.
- 19 Notice given under s. 17(3) or 18, effect of on s. 13(1); applicant failing to respond to notice, effect of
- 20 Agency may refuse to deal with application in certain cases
- 21 Application for personal information about applicant, consideration of
- 22 Access, when agency must give
- 23 Refusing access, grounds for
- 24 Exempt matter, deleting before access given
- 25 Deferring access, grounds for
- 26 Documents that cannot be found or do not exist, notice of
- 27 Ways in which access can be given
- 28 Medical and psychiatric information about applicant, giving access to
- 29 Personal information about applicant, agency’s duties when giving access to
- 30 Notice under s. 13(1)(b) of decision, form etc. of
- 31 Certain exempt matter (Sch. 1 cl. 1, 2 or 5), giving information about existence etc. of
Division 3 -- Consultation with third parties
- 32 Personal information about third party, when access to may be given
- 33 Commercial etc. information of third party, when access to may be given
- 34 Consultation under s. 32 or 33, procedure after
- 35 Consultation under s. 32 or 33, Commissioner may waive
Division 4 -- Exemption certificates
- 36 Premier may issue certificate
- 37 Effect of certificate
- 38 Duration of certificate
Division 5 -- Internal review of decisions as to access
- 39 Review of decision under this Part, right to
- 40 Application for review
- 41 Who is to deal with application for review
- 42 How application for review to be dealt with
- 43 Decision can be confirmed, varied or reversed on review
- 44 No charge for review
PART 3 -- Amendment of personal information
Division 1 -- Applications for amendment
- 45 Right to apply for information to be amended
- 46 Application for amendment, form etc. of
- 47 Document held etc. by another agency, transferring application in case of
- 48 Amending information, ways of
- 49 Decision on application, notice of
- 50 If application for amendment refused, applicant may request notation etc. disputing accuracy of information etc.
- 51 Claim that information is inaccurate etc., agency to give notice of in some cases
- 52 Reasons for not amending information, agency may add to notation
- 53 No charge for application or request
Division 2 -- Internal review of decisions as to amendment of information
- 54 Review of decision under Div. 1, right to etc.
PART 4 -- External review of decisions; appeals
Division 1 -- Information Commissioner
- 55 Office established etc.
- 56 Appointment, terms and conditions
- 57 Resignation
- 58 Suspension and removal
- 59 Acting Information Commissioner, appointing etc.
- 60 Oath or affirmation of office
- 61 Staff, appointment of etc.
- 62 Commissioner and staff, additional provisions about
Division 2 -- Functions of Information Commissioner
Division 3 -- Complaints and procedure for dealing with them
- 65 Complaint against agency’s decision, making
- 66 Complaint, form etc. of
- 67 Commissioner may decide not to deal with a complaint
- 68 Complaint, agency etc. to be notified of
- 69 Complaint, who are parties to etc.
- 70 Complaint, procedure for dealing with
- 71 Complaint, conciliation etc. of
- 72 Information etc. relevant to complaint, Commissioner’s powers to obtain etc.
- 73 Examination on oath, powers as to
- 74 Exempt matter etc., Commissioner to ensure non-disclosure of
- 75 Document held by agency, Commissioner may require production of
- 76 Commissioner’s other powers and duties when dealing with complaint
- 77 Exemption certificate, review of grounds for etc.
- 78 Question of law on complaint, referral of to Supreme Court
Division 4 -- General provisions as to the Information Commissioner and staff
- 79 Delegation by Commissioner to staff
- 80 Protection from personal liability
- 81 Disclosure restriction under other law does not apply to disclosing to Commissioner; privileges of parties
- 82 Disclosure etc. of information obtained under Act restricted
- 83 Failure to give information etc. when required, offence
- 84 Costs of parties to complaints
Division 5 -- Appeals to the Supreme Court
- 85 What may be appealed etc.
- 86 Parties to an appeal
- 87 Court’s powers on appeal
Division 6 -- General provisions as to proceedings in the Supreme Court
- 88 Term used: review proceedings
- 89 Terms etc., Court may impose; costs
- 90 Exempt matter etc., Court to ensure non-disclosure of
- 91 Document held by agency, Court may require production of etc.
- 92 Disclosure restriction under other law does not apply to disclosing to Court
- 93 Other procedure, Court may determine
PART 5 -- Publication of information about agencies
- 94 Term used: information statement
- 95 Term used: internal manual
- 96 Information statement, each agency to publish annually
- 97 Information statement and internal manual, each agency to make available etc.
PART 6 -- Miscellaneous
- 98 Child or handicapped person, applications on behalf of
- 99 Defunct agency, performance of functions on behalf of
- 100 Who in agency makes its decisions
- 101 Notice sent by post or fax, presumed time of service of
- 102 Burden of proof
- 103 No review of decisions etc. except under this Act
- 104 Defamation or breach of confidence action, certain people protected from
- 105 Criminal liability, certain people protected from
- 106 Personal liability, certain people protected from
- 107 Failure to consult under Part 2 Div. 3, Crown etc. not liable in case of
- 108 Exempt matter does not have to be published
- 109 Personal information of another etc., obtaining access to by deceit etc. is offence
- 110 Destroying document to prevent access, offence
- 111 Annual report to Parliament
- 112 Regulations
- 113 Review of Act