freedom-of-information-amendment-reform-act-2010.pdf, p.8
Repeal section and substitute with new content.
1 Section 3
freedom-of-information-amendment-reform-act-2010.pdf, p.9
2 Section 14
3 Objects—general
Require agencies to publish information and provide a right of access to documents.
3(1) Objects—general
Promote public participation in Government processes and scrutiny of activities.
3(2) Objects—general
Increase recognition of information held by the Government for public purposes.
3(3) Objects—general
Parliament intends to facilitate and promote public access to information.
3(4) Objects—general
3A Objects—information or documents otherwise accessible
Prohibition on publishing or giving access to information or documents apart from under this Act.
3A(1) Objects—information or documents otherwise accessible
Conditional commencement is Undertaking, not Prohibition.
(1) This section applies if a Minister, or an officer of an agency, has the power to publish, or give access to, information or a document (including an exempt document) apart from under this Act.
The Parliament does not intend to limit the power of publication or access.
3A(2) Objects—information or documents otherwise accessible
freedom-of-information-amendment-reform-act-2010.pdf, p.10
6 Freedom of Information Amendment (Reform) Act 2010
1 Subsection 4(1)
freedom-of-information-amendment-reform-act-2010.pdf, p.14
10 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.16
10 Unpublished operational information
Publishing unpublished operational information is required by the agency.
10(1) Unpublished operational information
Agency must publish unpublished operational information.
Avoid prejudice from unpublished information
10(2) Unpublished operational information
Prohibits subjecting person to prejudice
Section imposes obligation on the State.
freedom-of-information-amendment-reform-act-2010.pdf, p.17
10A Who performs functions etc. given to agencies
Function or power given to an agency may be performed by principal officer or authorized officer.
10A(1) Who performs functions etc. given to agencies
Regulations apply to the performance or exercise of agency functions.
10A(2) Who performs functions etc. given to agencies
Conditional commencement of review process within 5 years after section commencement.
12 Freedom of Information Amendment (Reform) Act 2010
Temporal interval for review process commencement
freedom-of-information-amendment-reform-act-2010.pdf, p.18
14 Freedom of Information Amendment (Reform) Act 2010
2 Subsection 4(9)
Omit ‘of this Act (other than sections 8 and 93)”.
Repeal Part and substitute with new provision
3 Part II
Continues in force certain sections of the Freedom of Information Act 1982
4 Saving—unpublished information
Information about the agency's operations, including operational information.
An agency must publish a plan and range of information on its website.
7A Information publication scheme—guide
freedom-of-information-amendment-reform-act-2010.pdf, p.11
8 Information to be published—what information?
freedom-of-information-amendment-reform-act-2010.pdf, p.12
8 Freedom of Information Amendment (Reform) Act 2010
The Information Commissioner may make a determination by legislative instrument.
8(3) Freedom of Information Amendment (Reform) Act 2010
Agency must publish other information held by the agency.
8(4) Freedom of Information Amendment (Reform) Act 2010
Agency must have regard to objects of Act and guidelines when performing functions under this section.
8(5) Freedom of Information Amendment (Reform) Act 2010
Agency must have regard to objects of Act and guidelines.
Agency must prepare a plan showing information to be published.
8(1) Information to be published—what information?
Agency must publish certain information.
8(2) Information to be published—what information?
freedom-of-information-amendment-reform-act-2010.pdf, p.13
8A Information to be published—what is operational information?
Agency must provide operational information to the public.
8A(1) Information to be published—what is operational information?
Operational information is held by the agency.
Agency must publish operational information
8A(2) Information to be published—what is operational information?
Operational information must be published during the agency's operational period
(2) An agency’s operational information does not include information that is available to members of the public otherwise than by being published by (or on behalf of) the agency.
Operational information must be published and made accessible to the public using AI-powered tools
Operational information must be published and made accessible to the public
Agency must ensure information accuracy, completeness, and timeliness.
8B Information to be published—accuracy etc.
Agency must ensure information accuracy.
8C Information to be published—restrictions
Publication of exempt matter is prohibited.
8C(1) Information to be published—restrictions
Agency exempt from publishing information under Part if enactment restricts or prohibits publication.
8C(2) Information to be published—restrictions
8D Information to be published—how (and to whom) information is
Publish required or permitted information
8D(1) Information to be published—how (and to whom) information is
Agency must publish information to the public and particular classes of persons or entities.
8D(2) Information to be published—how (and to whom) information is
Agency must publish information on a website.
8D(3) Information to be published—how (and to whom) information is
Agency may impose charge for accessing information
8D(4) Information to be published—how (and to whom) information is
Charge applies during reproduction costs or incidental costs
(a) the person does not directly access the information by downloading it from the website (or another website); and
Charge applies if specific conditions met
(b) the charge is to reimburse the agency for specific reproduction costs, or other specific incidental costs, incurred in giving the person access to that particular information.
Charge applies if person does not directly access information
Charge applies until person accesses information directly
Agency must publish details of charge for accessing information.
8D(5) Information to be published—how (and to whom) information is
Agency has a duty to publish details of charge.
freedom-of-information-amendment-reform-act-2010.pdf, p.15
The Information Commissioner must assist agencies in identifying and preparing required information.
8E Information to be published—Information Commissioner to
The Information Commissioner must assist agencies.
The Information Commissioner has functions to review and monitor the operation of the information publication scheme.
8F Review of scheme—Information Commissioner functions
The Information Commissioner has functions.
Agency must review information publication scheme annually or within 5 years after last review.
9 Review of scheme—by agencies
Must have regard to objects of the Act and guidelines issued by the Information Commissioner.
9A Functions and powers under this Part
Describes a relation between temporal intervals.
Performance of a function or exercise of a power
Guidelines issued by the Information Commissioner
Must consider objects of the Act and guidelines.
1 Subsection 3(1)
freedom-of-information-amendment-reform-act-2010.pdf, p.19
1 January 2018.
1 January 2019.
1 January 2020.
1 January 2021.
Defines open access period for records created in the year after creation year
1 January in the year that is 21 years after
Open access period for Cabinet notebooks created in a specific year.
1 January in the year that is 51 years after
1 January 2010.
1 January 2011.
1 January 2012.
1 January 2013.
Defines open access period for records created in a certain year.
1 January in the year that is 31 years after
1 January 2014.
freedom-of-information-amendment-reform-act-2010.pdf, p.20
1 January 2015.
1 January 2016.
1 January 2017.
Requires a relation between identifiable temporal intervals.
Open access periods for non-Cabinet notebooks differ from general records and Census information records.
1 January 2022.
freedom-of-information-amendment-reform-act-2010.pdf, p.21
Repeals definition of edited copy and substitutes with a new definition.
10 Subsection 4(1) (definition of edited copy)
Repeal a paragraph and substitute it with a new definition.
11 Subsection 4(1) (paragraph (a) of the definition of exempt
freedom-of-information-amendment-reform-act-2010.pdf, p.23
11A Access to documents on request
Request for access to documents must be made in accordance with subsection 15(2) and any required charge paid.
11A(1) Access to documents on request
Request is made within a certain timeframe
Request must be made within a certain timeframe
Request is made in accordance with subsection 15(2)
Must provide access to documents upon request
Request for access is made in accordance with subsection 15(2)
Must pay required charge before access is given
Any charge that, under the regulations, is required to be paid has been paid
Request is a type of request that can be shared
Request for access is a type of request that can be shared
Request is made by a person, in accordance with subsection 15(2)
Request is made within a certain interval of time
Request must be made within a certain interval of time
11A(2) Access to documents on request
Agency or Minister must provide access to document upon request.
11A(3) Access to documents on request
Agency/Minister not required to provide access to exempt document at a particular time.
11A(4) Access to documents on request
Agency/Minister has an obligation to provide access to documents.
freedom-of-information-amendment-reform-act-2010.pdf, p.24
11B Public interest exemptions—factors
11B(1) Public interest exemptions—factors
Factors favoring access are not limited by this section.
11B(2) Public interest exemptions—factors
Factors favouring access to the document in the public interest
11B(3) Public interest exemptions—factors
Factors that must not be taken into account when deciding access to a document would be contrary to the public interest.
11B(4) Public interest exemptions—factors
(4) The following factors must not be taken into account...
Agency must consider guidelines issued by the Information Commissioner when determining access to a document.
11B(5) Public interest exemptions—factors
freedom-of-information-amendment-reform-act-2010.pdf, p.25
Publication of personal or business information is exempt from access under section 11A.
11C Publication of information in accessed documents
Information about the business, commercial, financial or professional affairs of any person, if it would be unreasonable to publish the information;
Publication is restricted during reasonable periods.
Personal information about any person, if it would be unreasonable to publish the information;
Publication is controlled through AI-powered moderation.
Publication of personal or business information is prohibited.
Publication is restricted through controlled channels.
Publication is restricted during recurring periods.
Condition for running out of review or appeal opportunities
12 Subsection 4(1)
freedom-of-information-amendment-reform-act-2010.pdf, p.22
Exemptions for foreign governments and international organisations
13 At the end of section 4
foreign government or an international organisation
Government of the Commonwealth, or an authority of the Commonwealth
14 After section 11
15 Before section 12
Open access period for Cabinet notebooks
16 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.27
16 Section 18
Requires relation between identifiable temporal intervals
Temporal interval mentioned in the provision
Repeal section and substitute with new provision
17 Section 22
Time limits for applying for reviews of decisions
18 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.28
18 Subsections 25(1) and (2)
The person must apply for a review within the time limit.
(a) the latest time for applying for an internal review or an IC review in relation to the decision has ended, if the person has not applied for either review;
The internal review and IC review proceedings must be concluded.
Must conclude internal review and IC review proceedings
(b) if the person has applied for an internal review in relation to the decision: (i) the internal review is concluded; and (ii) the time for applying for an IC review of the decision on internal review has ended, if the person has not applied for the IC review;
The IC review and Federal Court appeal proceedings must be concluded.
Must conclude IC review proceedings and Federal Court appeal proceedings
(c) if the person has applied for an IC review in relation to the decision: (i) proceedings in relation to the IC review are concluded; and (ii) the time for applying to the Tribunal for a review in relation to the decision has ended, if the person has not applied for such a review; or (iii) the time for instituting an appeal to the Federal Court in relation to the IC review has ended (with no appeal instituted), or, if an appeal has been instituted, all proceedings in relation to the appeal have been concluded;
The Tribunal review proceedings and Federal Court appeal proceedings must be concluded.
Must conclude Tribunal review proceedings and Federal Court appeal proceedings
(d) if the person has applied to the Tribunal for a review in relation to the decision: (i) proceedings in relation to the review are concluded; and (ii) the time for instituting an appeal to the Federal Court in relation to the review by the Tribunal has ended (with no appeal instituted), or, if an appeal has been instituted, all proceedings in relation to the appeal have been concluded.
The person must not apply for an IC review after the internal review is concluded.
Must not apply for IC review after internal review is concluded
The person must not institute a Federal Court appeal after the IC review is concluded.
Must not institute Federal Court appeal after IC review is concluded
Add “and” at the end of paragraph 26(1)(a)
19 At the end of paragraph 26(1)(a)
2 Subsection 3(7)
20 Freedom of Information Amendment (Reform) Act 2010
Public interest factors must be included in reasons for refusing access to a conditionally exempt document.
20 After paragraph 26(1)(a)
Access to a conditionally exempt document is prohibited unless access would be in balance with the public interest.
20(5) Freedom of Information Amendment (Reform) Act 2010
Prohibition of access to a conditionally exempt document.
No obligation to provide access to exempt documents at a particular time.
20(6) Freedom of Information Amendment (Reform) Act 2010
Repeal sections and substitute with ComLaw Authoritative Act C2012C00866
21 Sections 26A, 27, 27A and 28
freedom-of-information-amendment-reform-act-2010.pdf, p.26
22 Freedom of Information Amendment (Reform) Act 2010
Agency or Minister may prepare edited copy of document for access under section 11A.
22 Access to edited copies with exempt or irrelevant matter deleted
the resources available to modify the document;
Agency or Minister has a temporal interval for preparing edited copy.
it is reasonably practicable for the agency or Minister to prepare the edited copy, having regard to
access to the edited copy would be required to be given under section 11A
Agency or Minister permits access to edited copy of document.
it is possible for the agency or Minister to prepare a copy (an edited copy) of the document, modified by deletions
Agency or Minister has an obligation to provide access to edited copy.
it is not apparent (from the request or from consultation with the applicant) that the applicant would decline access to the edited copy.
Agency or Minister has a recurring trace of preparing edited copies.
freedom-of-information-amendment-reform-act-2010.pdf, p.35
22 Before section 32
The Information Commissioner may make a determination for the purposes of paragraph (1)(c) by legislative instrument.
22(2) Freedom of Information Amendment (Reform) Act 2010
Publish information to the public on a website.
22(3) Freedom of Information Amendment (Reform) Act 2010
22(4) Freedom of Information Amendment (Reform) Act 2010
Charge applies only when accessing through website
(a) the person does not directly access the information by downloading it from the website (or another website);
(a) the person does not directly access the information by downloading it from the website (or another website); and (b) the charge is to reimburse the agency for a specific reproduction cost, or other specific incidental costs, incurred in giving the person access to that particular information.
Charge is for reimbursement of specific costs
(b) the charge is to reimburse the agency for a specific reproduction cost, or other specific incidental costs, incurred in giving the person access to that particular information.
Agency or Minister must publish charge details for accessing information.
22(5) Freedom of Information Amendment (Reform) Act 2010
Agency or Minister must publish charge details.
Comply with the section within 10 working days after access to a document.
22(6) Freedom of Information Amendment (Reform) Act 2010
22(7) Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.36
Insertion of conditional exemption clause after 'exempt documents'
23 Section 32
24 Freedom of Information Amendment (Reform) Act 2010
24 After section 32
Agency or Minister must provide edited copy to applicant.
24(2) Freedom of Information Amendment (Reform) Act 2010
Notice must be given to applicant regarding deletions and exemptions.
24(3) Freedom of Information Amendment (Reform) Act 2010
Agency or Minister must provide notice in writing to applicant upon request.
24(4) Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.37
25 At the end of section 33
freedom-of-information-amendment-reform-act-2010.pdf, p.30
Access to document not given until review or appeal opportunities have run out.
26 Freedom of Information Amendment (Reform) Act 2010
Repeal sections and substitute with new provisions.
26 Sections 33A to 36
Review or appeal opportunities must run out before access can be given.
Review or appeal opportunities have not yet ended.
The agency or Minister must infer that the decision to give access is final after review or appeal opportunities have run out.
Cannot give access to document until review or appeal opportunities have run out.
Review or appeal opportunities have not yet run out.
Decision to give access may still stand or be confirmed.
The decision to give access is diffused through the internal review process.
Internal review process has been initiated.
Access to document will eventually be given if review or appeal opportunities run out.
freedom-of-information-amendment-reform-act-2010.pdf, p.29
26A Consultation—documents affecting Commonwealth-State
Request for access to document must be made if arrangements have been entered into between the Commonwealth and a State about consultation under this section.
26A(1) Consultation—documents affecting Commonwealth-State
Request for access to document must be made.
Consultation required before granting access to document.
26A(2) Consultation—documents affecting Commonwealth-State
Prohibition of decision without consultation.
Agency/Minister must give written notice of decision to State and Applicant after consultation.
26A(3) Consultation—documents affecting Commonwealth-State
Agency/Minister must give written notice.
27 Consultation—business documents
freedom-of-information-amendment-reform-act-2010.pdf, p.38
27 Sections 39, 40 and 41
Agency or Minister must consult with the person concerned before granting access to a document containing business information.
27(1) Consultation—business documents
Agency or Minister must consult with the person concerned.
Must provide information about business or professional affairs.
27(2) Consultation—business documents
Agency must consider certain matters when determining exemption contention.
27(3) Consultation—business documents
Agency has an obligation to consider certain matters.
Submissions in support of exemption contention
Agency must consult with person or organisation before granting access to document.
27(4) Consultation—business documents
Agency must take action before granting access.
Agency must give person or organisation a reasonable opportunity to make submissions in support of exemption contention.
27(5) Consultation—business documents
27(6) Consultation—business documents
freedom-of-information-amendment-reform-act-2010.pdf, p.33
27A Consultation—documents affecting personal privacy
Agency must consult with the person concerned before granting access to a document containing personal information.
27A(1) Consultation—documents affecting personal privacy
Consultation is required before granting access.
Consultation must occur before granting access to the document.
Granting access to a document containing personal information.
Agency must consult with the person concerned.
Request for access to a document containing personal information.
Agency or Minister must consider certain matters when determining whether to grant an exemption.
27A(2) Consultation—documents affecting personal privacy
Agency or Minister must consider certain matters.
(2) In determining, for the purposes of paragraph (1)(b), whether the person concerned might reasonably wish to make an exemption contention because of personal information in a document...
Agency must consult applicant before granting access to document
27A(3) Consultation—documents affecting personal privacy
freedom-of-information-amendment-reform-act-2010.pdf, p.32
28 Freedom of Information Amendment (Reform) Act 2010
28 Subsection 42(2)
Waiver of legal professional privilege claim
28(2) Subsection 42(2)
Document containing operational information is not exempt under subsection (1)
28(3) Subsection 42(2)
Document is not exempt under subsection (1)
Written notice must be given to the person and applicant before access is granted.
28(6) Freedom of Information Amendment (Reform) Act 2010
Access not to be given until review or appeal opportunities have run out
(6) If the agency or Minister decides to give access to the document,
Access will not be given until review or appeal opportunities have run out
Recognition of written notice by AI systems
Refusal to provide access to document without review or appeal
28(7) Freedom of Information Amendment (Reform) Act 2010
Decision to give access still stands or is confirmed
Review or appeal opportunities must overlap with decision to give access to document
Review or appeal opportunities have run out
Decision to give access to document is subject to these reviews
Document access decision is subject to internal review and review by the Information Commissioner
Internal review (Part VI) and review by the Information Commissioner (see Note 1)
Agency or Minister cannot give access to document without review or appeal
Access to document is granted until review or appeal opportunities are exhausted
29 Sections 43, 43A and 44
Substitute table for determining open access period of Cabinet notebooks
3 Subsection 22A(1)
freedom-of-information-amendment-reform-act-2010.pdf, p.34
30 Freedom of Information Amendment (Reform) Act 2010
Substitute a document to which subsection 47C(1) applies with a document that would apply but for subsections 47C(2) or (3).
30 Subsection 45(2)
Replace a document with another that meets certain conditions.
Agency must give person a reasonable opportunity to make submissions in support of exemption contention.
30(4) Freedom of Information Amendment (Reform) Act 2010
Opportunity to make submissions must occur during processing request.
(4) However, subsection (3) only applies if it is reasonably practicable for the agency or Minister to give the person concerned a reasonable opportunity to make submissions in support of the exemption contention, having regard to all the circumstances
Written notice must be given to the person concerned and the applicant before access is granted.
30(5) Freedom of Information Amendment (Reform) Act 2010
Cannot give access to document after review or appeal opportunities have run out.
30(6) Freedom of Information Amendment (Reform) Act 2010
Review and appeal opportunities have run out
Review and appeal opportunities for the person concerned started before this point
Agency or Minister must not give access to document
Agency or Minister must not give access to document unless review and appeal opportunities have run out
Record must be in open access period on and after the specified day.
31 December):
Open access period after a specified day
Cabinet notebook must be in open access after a certain year.
After a certain year, it must be in the open access period.
The Cabinet notebook is in the open access period.
freedom-of-information-amendment-reform-act-2010.pdf, p.39
31 Subsection 45(2)
The record is in the open access period on and after the specified day.
Access to exempt and conditionally exempt documents is not required.
31A Access to exempt and conditionally exempt documents
Prohibits access to exempt and conditionally exempt documents.
A document is exempt if it meets certain conditions.
31B Exempt documents for the purposes of this Part
Access to edited copy of exempt document must be given.
32 Freedom of Information Amendment (Reform) Act 2010
32 Section 47
33 At the end of Part IV
34 Cabinet documents
34 Freedom of Information Amendment (Reform) Act 2010
A document by which a decision of the Cabinet is officially published is not an exempt document.
34(5) Freedom of Information Amendment (Reform) Act 2010
The document must be published officially.
Disclosure of factual information is not exempt if it reveals a Cabinet deliberation or decision.
34(6) Freedom of Information Amendment (Reform) Act 2010
Obligation to disclose factual information
freedom-of-information-amendment-reform-act-2010.pdf, p.46
Substitute Section 47H for Section 43A in Schedule 4.
34 Schedule 4
A document is exempt if it was submitted to the Cabinet for consideration or proposed by a Minister to be so.
34(1) Cabinet documents
Exempts documents submitted to the Cabinet for consideration.
(1) A document is an exempt document if...
A document is exempt to the extent it contains an extract from a related document.
34(2) Cabinet documents
Document is exempt to the extent it is a copy or part of, or contains an extract from, a document during which subsection (1) applies.
Exemption based on temporal relation to other documents
Document is exempt if it is a copy or part of, or contains an extract from, a document during which subsection (1) applies.
Document is exempt to the extent it contains an extract from a related document.
Document is exempt if it contains an extract from a related document.
Disclose Cabinet deliberations or decisions unless officially disclosed.
34(3) Cabinet documents
Obligation to disclose Cabinet deliberations or decisions.
A document is not exempt only because it is attached to an exempt document.
34(4) Cabinet documents
freedom-of-information-amendment-reform-act-2010.pdf, p.47
Maintain confidentiality of certain information.
35 Paragraph 33(1)(b)
freedom-of-information-amendment-reform-act-2010.pdf, p.40
36 Freedom of Information Amendment (Reform) Act 2010
Repeal of public access to confidential information
36 Paragraph 50A(2)(b)
freedom-of-information-amendment-reform-act-2010.pdf, p.48
Maintain confidentiality of information under certain conditions.
37 Paragraph 50A(3)(b)
The public access date must overlap with the communication date.
Requires overlap between the communication date and the public access date.
Information was communicated in confidence by a foreign government or entity.
The information is inferred to be confidential.
Requires inference of confidentiality based on the communication and advice from the foreign entity.
Do not make the information publicly available.
Prohibits making confidential information publicly available.
The information must be contained within the Commonwealth entity.
Requires containment of information within the Commonwealth entity.
The information is validated to be classified as confidential.
Validates the classification of information as confidential based on its origin and advice from the foreign entity.
freedom-of-information-amendment-reform-act-2010.pdf, p.42
38 Freedom of Information Amendment (Reform) Act 2010
38 Subsection 34(1)
freedom-of-information-amendment-reform-act-2010.pdf, p.49
Amendment applies in relation to FOIA requests received at or after commencement.
39 Application—Part 2
4 Paragraph 26(1)(a)
freedom-of-information-amendment-reform-act-2010.pdf, p.44
40 Freedom of Information Amendment (Reform) Act 2010
Amendments apply for determining access to records
40 Application—items 35, 36 and 37
Exemption from Freedom of Information Act for trade secrets and other information under section 47.
40(2) Freedom of Information Amendment (Reform) Act 2010
Subsection (1) does not apply to trade secrets or other information to which section 47 applies.
Trade secrets and other information under section 47 overlap with the Freedom of Information Act.
The CogAI recognizes the exemption for trade secrets and other information under section 47 in the Freedom of Information Act.
Exempts trade secrets and other information under section 47 from Freedom of Information Act.
The exemption for trade secrets and other information under section 47 diffuses into the Freedom of Information Act.
Exemption from FOI request based on business or financial affairs of the requester's undertaking or organisation.
40(3) Freedom of Information Amendment (Reform) Act 2010
Requester's business or financial affairs overlap with document content.
(a) by reason only of the inclusion in the document of information concerning that person in respect of his or her business or professional affairs:
(b) by reason only of the inclusion in the document of information concerning the business, commercial or financial affairs of an undertaking where the person making the request is the proprietor of the undertaking or a person acting on behalf of the proprietor:
Requester's business or financial affairs exempt from FOI request.
(3) Subsection (1) does not have effect in relation to a request by a person for access to a document:
Definition of undertaking for Freedom of Information Amendment (Reform) Act 2010
40(4) Freedom of Information Amendment (Reform) Act 2010
An undertaking is carried on by, or by an authority of, the Commonwealth or a State or by a local government authority.
The definition of undertaking includes...
Must provide access to information concerning a person's status as a member of a profession, except in cases where it would be contrary to the public interest.
40(5) Freedom of Information Amendment (Reform) Act 2010
42 Freedom of Information Amendment (Reform) Act 2010
44 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.50
46 Freedom of Information Amendment (Reform) Act 2010
47 Documents disclosing trade secrets or commercially valuable
Disclosures of trade secrets or commercially valuable information are exempt.
47(1) Documents disclosing trade secrets or commercially valuable
Imposes a duty on the state to keep trade secrets or commercially valuable information confidential.
Exemptions from subsection (1) for certain types of requests
47(2) Documents disclosing trade secrets or commercially valuable
Reference to an undertaking carried on by the Commonwealth or a State or by a local government authority
47(3) Documents disclosing trade secrets or commercially valuable
Conditional exemptions for documents that may damage relations between the Commonwealth and a State.
47B Public interest conditional exemptions—Commonwealth-State
Conditional exemptions apply to documents that overlap with this interval.
disclosure of the document under this Act:
may damage relations between the Commonwealth and a State.
Obligation to protect relations between the Commonwealth and a State.
Prohibition on divulging confidential information.
would divulge information or matter communicated in confidence by or on behalf of the Government of a State or an authority of a State, to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or of an authority of the Commonwealth.
47C Public interest conditional exemptions—deliberative processes
Conditional exemptions for deliberative processes
47C(1) Public interest conditional exemptions—deliberative processes
47C(2) Public interest conditional exemptions—deliberative processes
Exemptions from the public interest conditional exemptions—deliberative processes
47C(3) Public interest conditional exemptions—deliberative processes
freedom-of-information-amendment-reform-act-2010.pdf, p.41
Conditional exemptions for documents with substantial adverse effect on Commonwealth or agency interests
47D Public interest conditional exemptions—financial or property
Defines temporal interval for conditional exemption
Disclosure under this Act would have substantial adverse effect on Commonwealth or agency interests if disclosure is made within a certain time period
Applies to AI systems for conditional exemption
A document is conditionally exempt if its disclosure under this Act would have substantial adverse effect on Commonwealth or agency interests
Imposes obligation to access conditionally exempt documents with public interest exception
Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest
Applies to access control for conditionally exempt documents
Defines trace for conditionally exempt documents
Conditional exemptions for certain operations of agencies
47E Public interest conditional exemptions—certain operations of
Prejudice the effectiveness of procedures
47F Public interest conditional exemptions—personal privacy
Disclosure of personal information without consent is prohibited.
47F(1) Public interest conditional exemptions—personal privacy
Prohibits disclosure of personal information.
Discloses personal information may be uncertain.
Agency or Minister must consider certain matters when determining whether disclosure of document would involve unreasonable disclosure of personal information.
47F(2) Public interest conditional exemptions—personal privacy
(2) In determining whether the disclosure of the document would involve the unreasonable disclosure of personal information, an agency or Minister must have regard to...
Agency or Minister has an obligation to consider certain matters.
Request for access to a document does not trigger subsection (1) effect
47F(3) Public interest conditional exemptions—personal privacy
Disclosure of personal information may be prohibited if it is detrimental to the applicant's physical or mental health, or well-being.
47F(4) Public interest conditional exemptions—personal privacy
Requires overlap between disclosure and potential harm to the applicant.
The disclosure of the information to the applicant might be detrimental to the applicant’s physical or mental health, or well-being.
Requires analysis of potential harm to the applicant by a qualified person.
Prohibits disclosure of personal information under certain conditions.
Requires containment of potential harm to the applicant within a specific scope.
Requires recurring trace of potential harm to the applicant.
Access to document may be given to qualified person nominated by applicant.
47F(5) Public interest conditional exemptions—personal privacy
47F(6) Public interest conditional exemptions—personal privacy
Definition of qualified person for conditional exemptions
47F(7) Public interest conditional exemptions—personal privacy
qualified person is defined by occupation and profession
freedom-of-information-amendment-reform-act-2010.pdf, p.43
Conditional exemptions for business information disclosure
47G Public interest conditional exemptions—business
Conditional exemptions for research documents
47H Public interest conditional exemptions—research
freedom-of-information-amendment-reform-act-2010.pdf, p.45
47J Public interest conditional exemptions—the economy
Conditional exemptions for documents that could have a substantial adverse effect on the economy.
47J(1) Public interest conditional exemptions—the economy
Defines temporal intervals for conditional exemptions.
(1) A document is conditionally exempt if its disclosure under this Act would, or could be reasonably expected to, have a substantial adverse effect on Australia’s economy by: (a) influencing a decision or action of a person or entity; or (b) giving a person (or class of persons) an undue benefit or detriment, in relation to business carried on by the person (or class), by providing premature knowledge of proposed or possible action or inaction of a person or entity.
Inferential reasoning for conditional exemptions.
Prohibits disclosure of certain documents.
(1) A document is conditionally exempt if its disclosure under this Act would, or could be reasonably expected to, have a substantial adverse effect on Australia’s economy.
Classifies documents as conditionally exempt based on economic impact.
(a) influencing a decision or action of a person or entity; or (b) giving a person (or class of persons) an undue benefit or detriment, in relation to business carried on by the person (or class), by providing premature knowledge of proposed or possible action or inaction of a person or entity.
Diffuses information about conditional exemptions.
Defines recurring trace for conditional exemptions.
Substantial adverse effect on the economy of a particular region of Australia
47J(2) Public interest conditional exemptions—the economy
Must provide access to conditionally exempt documents unless it would be contrary to the public interest.
47J(3) Public interest conditional exemptions—the economy
(a) currency or exchange rates; (b) interest rates;
documents containing matter relating to any of the following:
unless it would be contrary to the public interest
Access must generally be given to a conditionally exempt document
5 Paragraph 27(3)(b)
6 Subsection 30(2)
7 Subsection 4(1)
8 Subsection 4(1) (definition of Cabinet notebook)
Access must be given to a conditionally exempt document unless it would be contrary to the public interest.
9 Subsection 4(1)
freedom-of-information-amendment-reform-act-2010.pdf, p.51
10 Subsection 4(1)
IC review applicant has the meaning given by section 54J.
freedom-of-information-amendment-reform-act-2010.pdf, p.104
Investigation of part of complaint not allowed if complaint is frivolous or vexatious.
100 Freedom of Information Amendment (Reform) Act 2010
Prohibition of investigation of part of complaint
Investigation of part of complaint not allowed.
freedom-of-information-amendment-reform-act-2010.pdf, p.106
102 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.108
104 Freedom of Information Amendment (Reform) Act 2010
Investigation at a declared place may prejudice Commonwealth security or defence.
104(3) Freedom of Information Amendment (Reform) Act 2010
The investigation overlaps with the declared period.
Investigation at the place overlaps with a period of time when it may prejudice Commonwealth security or defence.
Attorney-General declares a place to be prohibited for a specific period of time.
The investigation is classified as prohibited.
Attorney-General classifies the investigation as prohibited based on its potential impact on Commonwealth security or defence.
Attorney-General has reason to believe investigation at the place might prejudice Commonwealth security or defence.
Investigation at the place is prohibited.
Prohibits investigation at a declared place.
Attorney-General declares a place to be prohibited.
The investigation diffuses to other declared places.
Investigation at the place diffuses to other places where it may prejudice Commonwealth security or defence.
Attorney-General declares a place to be prohibited for diffusion to other places.
The investigation overlaps with the recurring traces.
Investigation at the place overlaps with a recurring trace of periods when it may prejudice Commonwealth security or defence.
Attorney-General declares a place to be prohibited for recurring periods of time.
Prohibition on entering or investigating a prohibited place without approval.
104(4) Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.110
The Information Commissioner must permit inspection of a document at any reasonable time.
106 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.112
108 Freedom of Information Amendment (Reform) Act 2010
Immunity from civil proceedings and penalties for certain actions.
108(2) Freedom of Information Amendment (Reform) Act 2010
then: (a) civil proceedings do not lie against a person because the person does any of the matters mentioned in paragraphs (1)(a) to (c);
The section's applicability overlaps with the applicability of other sections.
civil proceedings do not lie against a person.
If the section applies, then no civil proceedings lie.
the person is not liable for a penalty under a provision of any law.
If the section applies, then no penalty under law is liable.
then: (b) the person is not liable for a penalty under a provision of any law because the person does any of those matters.
Applicability of section regardless of duty
108(3) Freedom of Information Amendment (Reform) Act 2010
Obligation to comply with section regardless of duty
Certainty of applicability regardless of duty
11 Subsection 4(1)
IC review application has the meaning given by section 54H.
freedom-of-information-amendment-reform-act-2010.pdf, p.114
110 Freedom of Information Amendment (Reform) Act 2010
Respondent agency must provide particulars of proposed action to Information Commissioner.
110(2) Freedom of Information Amendment (Reform) Act 2010
Agency must comply with implementation notice.
110(3) Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.116
112 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.118
114 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.120
Restrictions on access to documents imposed by a court
116 Freedom of Information Amendment (Reform) Act 2010
Prohibits using the Act for circumventing court-imposed restrictions
freedom-of-information-amendment-reform-act-2010.pdf, p.122
118 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.124
120 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.126
122 Freedom of Information Amendment (Reform) Act 2010
Transfer complaint to Information Commissioner upon Ombudsman's decision not to investigate.
122(3) Freedom of Information Amendment (Reform) Act 2010
Complaint transferred under subsection (3) is treated as a complaint made to the Information Commissioner.
122(4) Freedom of Information Amendment (Reform) Act 2010
Indicates overlap between complaint and information Commissioner's jurisdiction.
freedom-of-information-amendment-reform-act-2010.pdf, p.128
124 Freedom of Information Amendment (Reform) Act 2010
13 Subsection 4(1)
Information Commissioner has the meaning given by the Australian Information Commissioner Act 2010.
14 Subsection 4(1)
freedom-of-information-amendment-reform-act-2010.pdf, p.52
15 Subsection 4(1)
internal review applicant has the meaning given by section 54B.
16 Subsection 4(1)
17 Subsection 4(1)
18 Subsection 4(1)
Defines 'review parties' as given by section 55A.
19 Subsection 4(1)
2 Subsection 4(1)
Definition of vexatious applicant declaration
20 Subsection 4(1)
vexatious applicant declaration has the meaning given by section 89K.
21 Subsection 12(1)
22 Subsections 12(2) to (4)
23 Subsection 21(3)
freedom-of-information-amendment-reform-act-2010.pdf, p.53
Replace 'Ombudsman' with 'Information Commissioner'
24 Subparagraph 26(1)(c)(ii)
Substitute internal review and IC review phrases.
25 Paragraph 26(1)(c)
Omit “Ombudsman”, substitute ‘Information Commissioner’.
26 Paragraph 29(9)(b)
Substitute 'internal review (Part VI)' and 'IC review (Part VII)' for 'review under section 54'.
27 Subsection 29(9)
28 Section 31
freedom-of-information-amendment-reform-act-2010.pdf, p.54
29 After section 51D
Action must have same meaning as in Ombudsman Act 1976 if taken by person or agency.
3 Subsection 4(1)
freedom-of-information-amendment-reform-act-2010.pdf, p.55
Repeal heading and substitute with new title
30 Part VI (heading)
31 Decision to impose charge—extended period for processing
freedom-of-information-amendment-reform-act-2010.pdf, p.56
31 Before section 53
Applicant must pay charge within processing period
31(1) Decision to impose charge—extended period for processing
Request received before processing period end
Extended processing period for charge notice
31(2) Decision to impose charge—extended period for processing
32 Section 53
Imposes a duty on the legislative body to make the substitution
33 Section 53
34 Sections 54 to 57
freedom-of-information-amendment-reform-act-2010.pdf, p.94
35 Subsection 58(7)
36 After section 58
freedom-of-information-amendment-reform-act-2010.pdf, p.95
37 Before section 58B
Substitute 'review in relation to a decision' for 'the review of a decision'.
38 Subsection 58B(1)
Replaces 'the review of a decision' with 'review in relation to a decision'
Insertion of additional conditions in a case where 3 Deputy Presidents are present.
39 Section 58D
4 Subsection 4(1)
Section 53C defines the scope of this duty
Section 4(1) imposes a duty on affected third parties
40 Sections 58F, 59 and 59A
41 Section 60
freedom-of-information-amendment-reform-act-2010.pdf, p.97
42 Section 61
freedom-of-information-amendment-reform-act-2010.pdf, p.99
Insert Schedule 4 Information Commissioner amendments
43 Before section 63
freedom-of-information-amendment-reform-act-2010.pdf, p.100
44 Before section 66
A person must apply under section 57A to the Tribunal for review of a decision of the Information Commissioner on an IC review.
45 Paragraph 66(1)(a)
Omit Attorney-General, substitute responsible Minister.
46 Subsections 66(1) and (3)
47 Before section 67
48 Freedom of Information Amendment (Reform) Act 2010
48 Paragraph 67(1)(a)
Prohibits the omission of certain words.
49 Before Part VIII
5 Subsection 4(1)
Regulations regarding charge imposition and payment
50 Freedom of Information Amendment (Reform) Act 2010
50 Before section 91
The decision has been considered under section 29.
The applicant is subject to the regulations.
51 Subsection 91(1)
51DA Decision not made on request for amendment or annotation
Decision not made on request for amendment or annotation
51DA(1) Decision not made on request for amendment or annotation
51DA(2) Decision not made on request for amendment or annotation
Principal officer's refusal to amend or annotate record
Request for further time to deal with application may be made in writing.
51DA(3) Decision not made on request for amendment or annotation
Allow further time for agency or Minister to deal with application
51DA(4) Decision not made on request for amendment or annotation
The Information Commissioner may impose conditions on further time.
51DA(5) Decision not made on request for amendment or annotation
Agency/Minister may make decision on application within further time allowed and comply with conditions.
51DA(6) Decision not made on request for amendment or annotation
Agency/Minister has permission to make decision on application.
Failure to comply with conditions or make a decision within the allowed time.
51DA(7) Decision not made on request for amendment or annotation
Describes a temporal interval that overlaps with the initial decision period.
(7) However, subsection (2) (deemed refusal) applies as if the initial decision period were extended by the time allowed by the Information Commissioner under subsection (4) if the agency or Minister: ...
Describes an implication between the initial decision period and the allowed time.
Prohibits failure to comply with conditions or make a decision within the allowed time.
Imposes an obligation on the agency or Minister to comply with conditions or make a decision within the allowed time.
Describes a temporal relationship between the initial decision period and the allowed time.
No power to allow further time under subsection (7) in relation to the decision taken under subsection (2)
51DA(8) Decision not made on request for amendment or annotation
Prohibits action by Information Commissioner
52 Freedom of Information Amendment (Reform) Act 2010
Agencies must complete internal reviews within 30 days.
52 Internal review of decisions—guide
Substitute section number in subsection (1A)
52 Subsection 91(1A)
Substitute section 26A(2) for section 26A(1)
53 Paragraph 91(1C)(a)
53A What is an access refusal decision?
Access refusal decision is a specific type of decision
freedom-of-information-amendment-reform-act-2010.pdf, p.57
Access must be given to a document unless it would be contrary to the public interest.
53B What is an access grant decision?
freedom-of-information-amendment-reform-act-2010.pdf, p.59
Defines who is an affected third party for a document request.
53C Internal review—who is an affected third party?
the legal personal representative of the deceased person
Defines temporal intervals for personal information
section 27A (documents affecting personal privacy) applies in relation to personal information in the document about a living person
Excludes certain individuals from being affected third parties
consultation with a State under section 26A (documents affecting Commonwealth-State relations) is required
section 27 (business documents) applies in relation to business information in the document
section 27A (documents affecting personal privacy) applies in relation to personal information in the document about a deceased person
the person or organisation concerned (within the meaning of section 27)
freedom-of-information-amendment-reform-act-2010.pdf, p.58
Agency or Minister must give access to document if it is not exempt under section 47 or conditionally exempt under section 47G.
54 Freedom of Information Amendment (Reform) Act 2010
54 Internal review—access refusal decision
Agency must provide access to document if refusal decision is made by someone other than the principal officer or responsible Minister.
54(1) Internal review—access refusal decision
Applicant may apply for internal review of access refusal decision.
54(2) Internal review—access refusal decision
54 Paragraph 91(1C)(b)
Prohibits omission of specific provision
Agency or Minister must give access to document.
Agency must grant access to document upon request
54A Internal review—access grant decision
freedom-of-information-amendment-reform-act-2010.pdf, p.60
54B Internal review—application for review
Application for internal review must be made within a specified time period.
54B(1) Internal review—application for review
54B(2) Internal review—application for review
Exercise of agency power to allow further application period
54B(3) Internal review—application for review
The agency’s power to allow a further period for making an application may be exercised
(a) acting within the scope of authority exercisable by him or her
(3) The agency’s power to allow a further period for making an application may be exercised
Agency has the authority to grant an extension
(b) acting in accordance with arrangements approved by the responsible Minister or principal officer of the agency
54C Internal review—decision on internal review
Application for internal review of access refusal or grant decision must be made in accordance with this Part.
54C(1) Internal review—decision on internal review
Application for internal review must be made in accordance with this Part.
Agency must arrange for internal review of decision.
54C(2) Internal review—decision on internal review
Agency has a duty to arrange for internal review.
Agency must make a fresh decision within 30 days after application receipt.
54C(3) Internal review—decision on internal review
Decision on internal review must extend to a decision made under section 26.
54C(4) Internal review—decision on internal review
This section is part of the temporal interval for decision on internal review.
Temporal interval includes decision on internal review
Decision on internal review occurs within this section.
A decision on internal review implies that section 26 extends to it.
Decision on internal review implies extension to section 26
Section 26 extends to a decision made under this section.
This section is applicable to natural persons and legal persons.
Applies to natural persons and legal persons
This section applies to natural persons and legal persons.
This section is applicable to schema definitions.
This section is part of the schema definition for this law.
freedom-of-information-amendment-reform-act-2010.pdf, p.61
54D Internal review—deemed affirmation of original decision
Internal review deemed affirmation of original decision if application is made within 30 days and notice not received.
54D(1) Internal review—deemed affirmation of original decision
(notice of decision on application has not been received)
Period of 30 days has passed since application was made
Application for internal review within 30 days and notice not received
(application for internal review) and (period of 30 days) and (has ended) AND (notice of decision on application has not been received)
(application for internal review has been made) and (period of 30 days has ended)
Recurring trace: Application for internal review within 30 days
(application for internal review) and (period of 30 days) and (has ended)
Agency must provide notice to internal review applicant on same day
54D(2) Internal review—deemed affirmation of original decision
Agency has an obligation to provide notice
Agency may apply for further time to deal with application.
54D(3) Internal review—deemed affirmation of original decision
Allow further time for agency to deal with application
54D(4) Internal review—deemed affirmation of original decision
freedom-of-information-amendment-reform-act-2010.pdf, p.62
54E Internal review—decisions to which this Part does not apply
freedom-of-information-amendment-reform-act-2010.pdf, p.63
The Information Commissioner must make a decision on the review in accordance with Division 7.
54F Review by the Information Commissioner—guide
The Information Commissioner must make a decision on the review.
freedom-of-information-amendment-reform-act-2010.pdf, p.64
54G Key concepts—what is an IC review?
54H Key concepts—what is an IC review application?
54J Key concepts—who is an IC review applicant?
Defines what is an IC reviewable decision.
54K Key concepts—what is an IC reviewable decision?
freedom-of-information-amendment-reform-act-2010.pdf, p.65
54L IC reviewable decisions—access refusal decisions
Application for review of access refusal decisions
54L(1) IC reviewable decisions—access refusal decisions
Access refusal decisions are subject to internal review.
54L(2) IC reviewable decisions—access refusal decisions
Obligation to provide access refusal decisions subject to internal review.
Application for IC review may be made by or on behalf of the person who made the request.
54L(3) IC reviewable decisions—access refusal decisions
54M IC reviewable decisions—access grant decisions
Application for review of access grant decisions
54M(1) IC reviewable decisions—access grant decisions
Decision to affirm original access grant decision if no internal review decision within 30 days
54M(2) IC reviewable decisions—access grant decisions
54M(3) IC reviewable decisions—access grant decisions
freedom-of-information-amendment-reform-act-2010.pdf, p.66
54N IC review applications—application
Details on notice sending, copy of relevant notice
Application must provide details on notice sending and copy of relevant notice.
54N(1) IC review applications—application
Must provide particulars of basis for dispute
54N(2) IC review applications—application
Office must provide assistance to prepare IC review application.
54N(3) IC review applications—application
Must send IC review application to Information Commissioner
54N(4) IC review applications—application
freedom-of-information-amendment-reform-act-2010.pdf, p.67
54P IC review applications—requirement to notify affected third
Notify affected third parties of non-access to documents
54P(1) IC review applications—requirement to notify affected third
Notify affected third party for document of application
54P(2) IC review applications—requirement to notify affected third
Notify Information Commissioner of notice
54P(3) IC review applications—requirement to notify affected third
54Q IC review applications—circumstances in which not giving
Not giving IC review applications under certain circumstances.
54Q(1) IC review applications—circumstances in which not giving
This section overlaps with other sections that apply to IC review applications
(1) This section applies in relation to a document to which a consultation requirement applies under section 27 or 27A.
Obligation to give IC review applications
Notifying affected third party is not required under certain circumstances.
54Q(2) IC review applications—circumstances in which not giving
Notifying affected third party is not required.
freedom-of-information-amendment-reform-act-2010.pdf, p.68
54R IC review applications—withdrawal
54R(1) IC review applications—withdrawal
IC review application withdrawal obligation
54R(2) IC review applications—withdrawal
Withdrawal of IC review application is taken never to have been made.
54S IC review applications—time limits
IC review application must be made within 60 days after notice of decision.
54S(1) IC review applications—time limits
IC review application must be made within 30 days after notice of decision under section 26A, 27 or 27A was given to the affected third party.
54S(2) IC review applications—time limits
Obligation to make IC review application within 30 days.
freedom-of-information-amendment-reform-act-2010.pdf, p.69
54T IC review applications—extension of time
Extension of time for making IC review application may be applied.
54T(1) IC review applications—extension of time
Extension of time for IC review applications is allowed if reasonable in all circumstances.
54T(2) IC review applications—extension of time
Extension of time for making IC review application
54T(3) IC review applications—extension of time
Notify a specified person or persons of the application.
54T(4) IC review applications—extension of time
Give notice of the application to a specified person or persons.
Must notify the Information Commissioner within a time limit
54T(5) IC review applications—extension of time
Must provide a reasonable opportunity to be heard
Extension of time for IC review applications if notice is given under subsection (5)
54T(6) IC review applications—extension of time
freedom-of-information-amendment-reform-act-2010.pdf, p.70
Applies to a part of an IC review application
54U Decision to review—interpretation
May make inquiries to determine whether to undertake IC review.
54V Decision to review—preliminary inquiries
Decision not to review IC review application under certain circumstances.
54W Decision to review—discretion not to review
Obligation to decide not to review IC review application.
freedom-of-information-amendment-reform-act-2010.pdf, p.71
54X Decision to review—notice requirement if discretion not to
Decision to review—notice requirement if discretion not to undertake an IC review
54X(1) Decision to review—notice requirement if discretion not to
Notify review parties of decision in writing.
54X(2) Decision to review—notice requirement if discretion not to
The Information Commissioner must notify...
Notice must state reasons for Information Commissioner's decision and application details.
54X(3) Decision to review—notice requirement if discretion not to
Must state reasons for Information Commissioner's decision.
Exempt matter and certain document information cannot be included in the notice.
54X(4) Decision to review—notice requirement if discretion not to
The notice must be given between specified times.
No specific start and end times are mentioned.
Prohibition on including exempt matter and certain document information.
Subsection 25(1) deals with information about the existence or otherwise of certain documents.
An ordered trace is required for the notice.
Agency or Minister must review actual decisions made after IC review has commenced.
54Y Decision to review—actual decisions made after IC review has
freedom-of-information-amendment-reform-act-2010.pdf, p.72
Informing person, agency or Minister who made the decision before IC review
54Z Procedure in IC review—general notice requirement
55 Procedure in IC review—general
55 Paragraph 91(1C)(c)
Omitting specified provision is prohibited
The Information Commissioner may review an IC reviewable decision without holding a hearing under certain conditions.
55(1) Procedure in IC review—general
The Information Commissioner may review an IC reviewable decision.
None of the review parties have applied for a hearing under section 55B.
The Information Commissioner is satisfied that there are no unusual circumstances that would warrant a hearing.
The review can be adequately determined in the absence of the review parties.
The Information Commissioner may conduct an IC review in a way they consider appropriate.
55(2) Procedure in IC review—general
The IC review may be conducted during a certain time period.
The Information Commissioner may do something.
A direction given under paragraph (2)(e) is not a legislative instrument.
55(3) Procedure in IC review—general
Prohibition of direction being a legislative instrument
(3) A direction given under paragraph (2)(e)
Information Commissioner must conduct IC review with minimal formality and technicality.
55(4) Procedure in IC review—general
Duty to conduct IC review with minimal formality and technicality.
freedom-of-information-amendment-reform-act-2010.pdf, p.74
55A Procedure in IC review—parties to proceeding
Defines parties to an IC review proceeding
55A(1) Procedure in IC review—parties to proceeding
A person whose interests are affected by the IC reviewable decision may apply to be a review party.
55A(2) Procedure in IC review—parties to proceeding
Makes a person an IC review party by notice in writing.
55A(3) Procedure in IC review—parties to proceeding
Obligation to make a person an IC review party.
freedom-of-information-amendment-reform-act-2010.pdf, p.75
55B Procedure in IC review—application for hearing
55B(1) Procedure in IC review—application for hearing
Notify other review parties of application
55B(2) Procedure in IC review—application for hearing
Must give review parties a reasonable opportunity to make submissions and decide whether or not to hold a hearing.
55B(3) Procedure in IC review—application for hearing
Review party may appear in person or be represented by another person.
55C Procedure in IC review—representation
55D Procedure in IC review—onus
Agency or Minister has the onus of establishing that a decision is justified.
55D(1) Procedure in IC review—onus
(b) the Information Commissioner should give a decision adverse to the IC review applicant.
(a) a decision given in respect of the request or application is justified;
Affected third party has the onus of establishing that a decision refusing the request is justified or the Information Commissioner should give a decision adverse to the person who made the request.
55D(2) Procedure in IC review—onus
freedom-of-information-amendment-reform-act-2010.pdf, p.76
Agency or Minister must assist Information Commissioner in IC review.
55DA Decision-maker must assist Information Commissioner
55E Procedure in IC review—inadequate reasons from decision
Agency/Minister must provide statement of reasons for IC reviewable decision.
55E(1) Procedure in IC review—inadequate reasons from decision
Agency/Minister must provide statement of reasons.
Agency or Minister must provide adequate statement of reasons upon request.
55E(2) Procedure in IC review—inadequate reasons from decision
Requires agency or Minister to provide adequate statement of reasons.
Provide adequate statement of reasons within specified period or 28 days.
55E(3) Procedure in IC review—inadequate reasons from decision
Obligation to provide statement of reasons
55F Procedure in IC review—review parties reach agreement
Procedure in IC review—review parties reach agreement
55F(1) Procedure in IC review—review parties reach agreement
The Information Commissioner may make a decision in accordance with an agreement without completing the IC review.
55F(2) Procedure in IC review—review parties reach agreement
The Information Commissioner may make a decision in accordance with an agreement.
freedom-of-information-amendment-reform-act-2010.pdf, p.77
55G Procedure in IC review—revocation or variation of access
Agency or Minister may vary access refusal decision during IC review.
55G(1) Procedure in IC review—revocation or variation of access
Granting permission to vary access refusal decision.
Conditional commencement of access refusal decision variation
55G(2) Procedure in IC review—revocation or variation of access
freedom-of-information-amendment-reform-act-2010.pdf, p.78
55H Procedure in IC review—reference of questions of law to
The Information Commissioner may refer a question of law to the Federal Court of Australia.
55H(1) Procedure in IC review—reference of questions of law to
The Information Commissioner may refer questions of law.
55H(2) Procedure in IC review—reference of questions of law to
Federal Court of Australia has jurisdiction to hear and determine a question of law.
55H(3) Procedure in IC review—reference of questions of law to
Jurisdiction of the Federal Court of Australia may be exercised by a single judge.
55H(4) Procedure in IC review—reference of questions of law to
Must not give a decision before Federal Court of Australia makes a decision.
55H(5) Procedure in IC review—reference of questions of law to
The Information Commissioner must not give a decision to which the question is relevant before the Federal Court of Australia makes a decision in relation to the reference during the period when the question is referred.
Temporal interval during which Information Commissioner must not give decisions.
(5) If a question of law is referred, the Information Commissioner must not, for the purposes of the IC review:
The Information Commissioner must not give a decision to which the question is relevant before the Federal Court of Australia makes a decision in relation to the reference.
Prohibition on giving decisions before Federal Court of Australia makes a decision.
Information Commissioner must not give a decision to which the question is relevant before the Federal Court of Australia makes a decision in relation to the reference.
The Information Commissioner must not proceed in a manner, or make a decision, that is inconsistent with the opinion of the Federal Court of Australia on the question.
Prohibition on proceeding in a manner inconsistent with Federal Court of Australia's opinion.
Documents and information in possession of the Information Commissioner
Must disclose documents to Federal Court of Australia upon request.
55J Procedure in IC review—sending of documents to, and
freedom-of-information-amendment-reform-act-2010.pdf, p.79
55K Decision on IC review—decision of Information Commissioner
Decision on IC review—decision of Information Commissioner
55K(1) Decision on IC review—decision of Information Commissioner
The Information Commissioner may perform functions and exercise powers of the person who made the IC reviewable decision.
55K(2) Decision on IC review—decision of Information Commissioner
Decision of the Information Commissioner has the same effect as a decision of the agency or Minister who made the IC reviewable decision.
55K(3) Decision on IC review—decision of Information Commissioner
during the period of the IC reviewable decision.
Decision applies during the period of the IC review
(3) A decision of the Information Commissioner on an IC review has...
the agency or Minister's decision is effective.
Decision implies that the agency or Minister's decision is effective
as a decision of the agency or Minister who made the IC reviewable decision.
Same effect as a decision of the agency or Minister
(3) A decision of the Information Commissioner on an IC review has the same effect...
Decision diffuses to all relevant parties
Statement of reasons, Statement of rights
Decision on IC review—decision of Information Commissioner must include statement of reasons and rights to apply for Tribunal review.
55K(4) Decision on IC review—decision of Information Commissioner
Must include statement of reasons and rights to apply for Tribunal review.
Exempt matter cannot be included in a decision on IC review.
55K(5) Decision on IC review—decision of Information Commissioner
freedom-of-information-amendment-reform-act-2010.pdf, p.80
55L Decision on IC review—no power to give access to exempt
No power to give access to exempt documents
55L(1) Decision on IC review—no power to give access to exempt
Prohibits giving access to exempt documents
No power to give access to exempt matter
55L(2) Decision on IC review—no power to give access to exempt
Prohibits giving access to exempt matter
55M Decision on IC review—limitation on amending records
The Information Commissioner must decide to amend records under certain conditions.
55M(1) Decision on IC review—limitation on amending records
The Information Commissioner must decide
The author of the opinion must be qualified to form the opinion
Cannot amend records under certain conditions
55M(2) Decision on IC review—limitation on amending records
...satisfied of either of the following: (a) the record is a record of...
Temporal interval for amendment limitation
(2) The Information Commissioner must not...
...amend the record if he or she is satisfied...
freedom-of-information-amendment-reform-act-2010.pdf, p.81
Must comply with Information Commissioner's decision on IC review
55N Decision on IC review—obligation to comply with decision
Decision of the Information Commissioner
55P Decision on IC review—enforcement of decision against agency
55P(1) Decision on IC review—enforcement of decision against agency
Application for enforcement of IC review decision against agency
55P(2) Decision on IC review—enforcement of decision against agency
The application must be made during the IC review process.
Application must be made during IC review process
The state must enforce the IC review decision.
The state bears duty to enforce the IC review decision
The agency must enforce the IC review decision.
State bears duty to enforce IC review decision
Court may make orders to secure compliance by principal officer or Minister.
55P(3) Decision on IC review—enforcement of decision against agency
Application under subsection (1) may not be made before the end of the time.
55P(4) Decision on IC review—enforcement of decision against agency
Time has ended for making an application to the Tribunal
Application under subsection (1) may only be made if...
Correction of errors in IC review decisions
55Q Decision on IC review—correction of errors
freedom-of-information-amendment-reform-act-2010.pdf, p.82
55R Information gathering powers—obliging production of
The Information Commissioner may compel a person to produce information.
55R(1) Information gathering powers—obliging production of
55R(2) Information gathering powers—obliging production of
Temporal relation between notice and production
The Information Commissioner may require a person to provide information or produce a document.
55R(3) Information gathering powers—obliging production of
The Information Commissioner requires the person to provide information or produce a document.
Notice must be in writing and specify compliance details.
55R(4) Information gathering powers—obliging production of
Failure to comply with a notice requirement is an offence.
55R(5) Information gathering powers—obliging production of
The person commits an offence if they fail to comply.
Obligation to comply with a notice requirement.
The person is subject to a requirement specified in a notice.
freedom-of-information-amendment-reform-act-2010.pdf, p.83
55S Information gathering powers—dealings with documents
The Information Commissioner must permit access by those entitled.
55S(1) Information gathering powers—dealings with documents
The Information Commissioner must permit access.
Permit inspection of documents held by the Information Commissioner.
55S(2) Information gathering powers—dealings with documents
Permit inspection of documents at reasonable time
55S(3) Information gathering powers—dealings with documents
freedom-of-information-amendment-reform-act-2010.pdf, p.84
55T Information gathering powers—production of exempt
Principal officer of an agency or Minister claims a document is exempt.
55T(1) Information gathering powers—production of exempt
The document production is under obligation.
Document production is under obligation.
(1) This section applies to an IC review of a decision in relation to a...
(a) the principal officer of an agency or a Minister claims that...
Section 55U does not apply to the document.
The document production spreads obligation.
The Information Commissioner may require a document to be produced for deciding whether it is an exempt document.
55T(2) Information gathering powers—production of exempt
The Information Commissioner has the power to require a document to be produced.
Must return exempt document to person who produced it
55T(3) Information gathering powers—production of exempt
The Information Commissioner may require the production of an exempt document.
55T(4) Information gathering powers—production of exempt
Access to document is restricted to authorized persons.
55T(5) Information gathering powers—production of exempt
freedom-of-information-amendment-reform-act-2010.pdf, p.85
55U Information gathering powers—production of national security
IC review of a decision in relation to an exempt document under section 33 or 34.
55U(1) Information gathering powers—production of national security
The Information Commissioner may only require the production of a document.
55U(2) Information gathering powers—production of national security
Require document production for inspection by Information Commissioner if exempt claim is disputed.
55U(3) Information gathering powers—production of national security
Imposes a duty on the Information Commissioner.
Requires evidence to be satisfied before requiring document production.
Involves an ordered trace of required actions.
55U(4) Information gathering powers—production of national security
55V Information gathering powers—further searches for a
Refusal of access to a document under section 24A
55V(1) Information gathering powers—further searches for a
Defines a temporal interval for when access to a document can be refused under section 24A
(a) access to the document is refused under section 24A (document cannot be found etc.); or (b) access is purportedly given to the document...
Classifies documents as accessible or not under section 24A using AI
Prohibits access to a document under section 24A
Diffuses information about when access to a document can be refused under section 24A
Agency or Minister must conduct further searches for a document upon request.
55V(2) Information gathering powers—further searches for a
freedom-of-information-amendment-reform-act-2010.pdf, p.86
55W Information gathering powers—obliging persons to appear
The Information Commissioner may require a person to appear before the Information Commissioner.
55W(1) Information gathering powers—obliging persons to appear
Notice must be in writing, specify time and place for compliance.
55W(2) Information gathering powers—obliging persons to appear
Requires persons to appear in response to a notice.
55W(3) Information gathering powers—obliging persons to appear
Imposes an obligation on the person to appear.
55X Information gathering powers—administration of oath or
The Information Commissioner may administer an oath or affirmation to a person and examine the person on oath or affirmation.
55X(1) Information gathering powers—administration of oath or
The Information Commissioner must administer an oath or affirmation to a person and examine the person on oath or affirmation.
The person must tell the truth when answering questions.
55X(2) Information gathering powers—administration of oath or
Mandatory obligation to provide truthful answers.
The person believes they will tell the truth.
Failure to comply with oath or affirmation requirement is an offence.
55X(3) Information gathering powers—administration of oath or
...and (c) the person’s conduct breaches that requirement.
Temporal relation between examination and breach of requirement.
Cognitive AI application of obligation to comply with oath or affirmation requirement.
Obligation to comply with oath or affirmation requirement.
Diffusion of obligation to comply with oath or affirmation requirement.
Recurring trace of examination and breach of requirement.
freedom-of-information-amendment-reform-act-2010.pdf, p.87
No loss of legal professional privilege when information is given, produced or referred to for the purposes of this Part.
55Y Information gathering powers—no loss of legal professional
55Z Information gathering powers—protection from liability
Protection from liability for good faith information gathering
55Z(1) Information gathering powers—protection from liability
Duty to provide information in good faith
Protection from liability for information gathering powers
55Z(2) Information gathering powers—protection from liability
55Z(3) Information gathering powers—protection from liability
(3) This section applies whether or not the person is required to do a thing mentioned in subsection (1)
Protects from liability for information gathering powers
Imposes a duty on the person to protect from liability
freedom-of-information-amendment-reform-act-2010.pdf, p.88
55ZA Evidence by Inspector-General of Intelligence and Security—
55ZB Evidence by Inspector-General of Intelligence and Security—
Request for personal appearance and evidence from Inspector-General of Intelligence and Security
55ZB(1) Evidence by Inspector-General of Intelligence and Security—
Must provide personal appearance and evidence
Request for personal appearance and evidence on potential damage to Commonwealth security, defence, or international relations if proposed deletions are not made.
55ZB(2) Evidence by Inspector-General of Intelligence and Security—
Information Commissioner must request Inspector-General to appear personally within a certain time frame
Temporal interval for requesting personal appearance and evidence
Inspector-General must appear personally before determining access to document with deletions
Inspector-General must give evidence on potential damage
Obligation to request personal appearance and evidence
Information Commissioner must request Inspector-General to appear personally
Information Commissioner must be informed of potential damage
Obligation to provide information on potential damage
Inspector-General must appear personally before divulging information
Permission to divulge information on potential damage
Information Commissioner may divulge information if Inspector-General appears personally
Inspector-General must appear personally before requesting evidence
Permission to request personal appearance and evidence on potential damage
Information Commissioner may request Inspector-General to appear personally
Agency and Minister must provide evidence before hearing Inspector-General's evidence.
55ZB(3) Evidence by Inspector-General of Intelligence and Security—
The Information Commissioner is not bound by the Inspector-General's opinion.
55ZB(4) Evidence by Inspector-General of Intelligence and Security—
The provision exempts the Information Commissioner from the Inspector-General's opinion.
Information Commissioner is not required to follow.
The provision does not imply that the Information Commissioner must follow the Inspector-General's opinion.
The provision defines a condition for the Information Commissioner's exemption from the Inspector-General's opinion.
Obligation defined by Inspector-General's opinion.
The provision defines a condition for the Information Commissioner's binding obligation.
freedom-of-information-amendment-reform-act-2010.pdf, p.89
Must comply with a request unless not qualified.
55ZC Evidence by Inspector-General of Intelligence and Security—
55ZD Evidence by Inspector-General of Intelligence and Security—
Applicability to Inspector-General's compliance with a request under section 55ZB.
55ZD(1) Evidence by Inspector-General of Intelligence and Security—
This section applies for the purposes of enabling the Inspector-General of Intelligence and Security to comply with a request under section 55ZB.
Section applies for the purposes of enabling the Inspector-General to comply with a request under section 55ZB.
Allow Inspector-General to take possession of documents.
55ZD(2) Evidence by Inspector-General of Intelligence and Security—
Third party can apply for review of access grant decision.
56 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.90
56 Appeals—appeals to Federal Court of Australia on questions of
Right to appeal on questions of law from Information Commissioner's decision
56(1) Appeals—appeals to Federal Court of Australia on questions of
Federal Court of Australia has jurisdiction
Appeal must be instituted within a specified time frame after IC review decision.
56(2) Appeals—appeals to Federal Court of Australia on questions of
(2) An appeal under this section must be instituted:
Must be instituted within a specified time frame.
Jurisdiction to hear and determine appeals instituted under this section.
56(3) Appeals—appeals to Federal Court of Australia on questions of
The Federal Court of Australia has jurisdiction during the period in which appeals are instituted under this section.
Temporal relationship between the provision and its application
(3) The Federal Court of Australia has jurisdiction to hear and determine appeals instituted under this section.
The Federal Court of Australia has a system for determining appeals instituted under this section.
Existence of artificial intelligence application
The Federal Court of Australia has jurisdiction to hear and determine appeals instituted under this section.
The Federal Court of Australia conforms to a schema for determining appeals instituted under this section.
Jurisdiction to make findings of fact under section 56A
56(4) Appeals—appeals to Federal Court of Australia on questions of
Subsubsection (3) included in subsection (4)
56(5) Appeals—appeals to Federal Court of Australia on questions of
Obligation to hear and determine the appeal.
The Federal Court of Australia may not make certain decisions.
56(6) Appeals—appeals to Federal Court of Australia on questions of
56 Section 92
freedom-of-information-amendment-reform-act-2010.pdf, p.91
Court may make findings of fact in appeals under section 56
56A Appeals—Federal Court of Australia may make findings of fact
freedom-of-information-amendment-reform-act-2010.pdf, p.92
57 Review by the Tribunal—guide
freedom-of-information-amendment-reform-act-2010.pdf, p.123
57 Section 93
Division 4 deals with the procedure to be followed in a review by the Tribunal.
An application may be made to the Administrative Appeals Tribunal for the review of certain decisions (see section 57A).
Division 3 sets out the powers of the Tribunal in a review.
Division 6 deals with the circumstances in which the Tribunal may make recommendations as to costs.
freedom-of-information-amendment-reform-act-2010.pdf, p.93
57A Tribunal reviewable decisions—which decisions are
Application for review of certain decisions
57A(1) Tribunal reviewable decisions—which decisions are
Subsection 29(2) of the Administrative Appeals Tribunal Act 1975 sets out the time within which the application for review must be made
A person whose interests are affected by the decision
must apply within the specified time limit
A person whose interests are affected by the decision (see section 27 of the Administrative Appeals Tribunal Act 1975)
An application may be made to the Tribunal for review of the following decisions:
Prescribed time for lodging an application for review of IC reviewable decisions
57A(2) Tribunal reviewable decisions—which decisions are
the prescribed time is a temporal interval between which a person must lodge an application for review of an IC reviewable decision mentioned in paragraph (1)(b) of this section
(2) Despite subsection 29(2) of the Administrative Appeals Tribunal Act 1975, for the purposes of paragraph 29(1)(d) of that Act
the prescribed time applies to AI decision-making in IC reviewable decisions mentioned in paragraph (1)(b) of this section
Prescribed time applies to AI decision-making
the period: ... is the prescribed time for a person to lodge an application for review of an IC reviewable decision mentioned in paragraph (1)(b) of this section
(2) Despite subsection 29(2) of the Administrative Appeals Tribunal Act 1975
the prescribed time spreads to other IC reviewable decisions mentioned in paragraph (1)(b) of this section
Prescribed time spreads to other decisions
the prescribed time contains a temporal trace of when a person must lodge an application for review of an IC reviewable decision mentioned in paragraph (1)(b) of this section
Prescribed time contains a temporal trace
58 Freedom of Information Amendment (Reform) Act 2010
58(5) Freedom of Information Amendment (Reform) Act 2010
Information Commissioner must impose conditions if allowed further time
Information Commissioner may allow further time
Agency's decision on application is not affected if it complies with conditions.
58(6) Freedom of Information Amendment (Reform) Act 2010
Agency's decision overlaps with the further time allowed.
(a) makes a decision on the application within the further time allowed; and (b) complies with any condition imposed under subsection (5).
(6) Subsection (2) (deemed affirmation) does not apply, and is taken never to have applied, if the agency:
Agency's actions diffuse to the further time allowed.
Agency's decision is until the further time allowed.
Agency must comply with conditions imposed under subsection (5) within the further time allowed.
58(7) Freedom of Information Amendment (Reform) Act 2010
Prevents Information Commissioner from allowing further time under section 58(2) in certain circumstances.
58(8) Freedom of Information Amendment (Reform) Act 2010
Temporal overlap between sections 58(2) and 58(8)
Section 58(8) restricts Information Commissioner's decision
Limits Information Commissioner's decision-making
Section 58(8) restricts Information Commissioner's action
Limits Information Commissioner's ability to act
Temporal relationship between sections 58(2) and 58(8)
58A Powers of Tribunal—requiring further searches
Access to document is refused under section 24A.
58A(1) Powers of Tribunal—requiring further searches
Tribunal may require further searches for document review purposes.
58A(2) Powers of Tribunal—requiring further searches
58AA Powers of Tribunal—limitation on amending records
Amendment to records requires satisfaction of conditions
58AA(1) Powers of Tribunal—limitation on amending records
Amendment requires conditions to be met before or after the decision
Conditions must be met between two points in time
Tribunal's decision is made at a certain point in time
Conditions are necessary and sufficient for amendment
Tribunal's decision has a certain impact on records
Amendment requires satisfaction of conditions
Limitation on amending records in decisions under section 57A
58AA(2) Powers of Tribunal—limitation on amending records
...the decision whether to amend the record...
(b) the decision whether to amend the record involves the determination of a question that the person seeking amendment of the record is, or has been, entitled to have determined by the agency (on internal review), the Information Commissioner, a court or tribunal.
...amend the record if it is satisfied of either of the following:
Tribunal cannot amend records in certain circumstances
Tribunal's duty to consider amendment limitations
freedom-of-information-amendment-reform-act-2010.pdf, p.125
59 Subsections 6(4A) to (4C)
Defines 'complainant' for the purpose of the Freedom of Information Amendment (Reform) Act 2010.
6 Subsection 4(1)
Application for review of a decision may be made to the Administrative Appeals Tribunal.
60 Freedom of Information Amendment (Reform) Act 2010
60 Procedure in Tribunal—parties
Applicability of section to proceedings under this Part
60(1) Procedure in Tribunal—parties
Section applies to specified proceedings
Agency decisions are binding on the agency.
60(2) Procedure in Tribunal—parties
60 After section 6B
freedom-of-information-amendment-reform-act-2010.pdf, p.96
60AA Procedure in Tribunal—requirement to notify affected third
Requirement to notify affected third party
60AA(1) Procedure in Tribunal—requirement to notify affected third
Agency must notify affected third party upon request for access to document.
60AA(2) Procedure in Tribunal—requirement to notify affected third
Agency must notify affected third party.
60AB Procedure in Tribunal—circumstances in which not giving
Not giving a document in relation to which a consultation requirement applies under section 27 or 27A is an obligation.
60AB(1) Procedure in Tribunal—circumstances in which not giving
No notification required under certain circumstances.
60AB(2) Procedure in Tribunal—circumstances in which not giving
Notifying an affected third party under certain circumstances is prohibited.
60AB(3) Procedure in Tribunal—circumstances in which not giving
Notification would prejudice an investigation or enforcement
Agency/Minister must establish decision is justified
61 Onus
Omit specific text from subsection (1)(a) or under subsection (2)
61 Subsection 19(4)
freedom-of-information-amendment-reform-act-2010.pdf, p.98
61A Modification of the Administrative Appeals Tribunal Act 1975
The Administrative Appeals Tribunal Act 1975 applies to proceedings under this Part.
61A(1) Modification of the Administrative Appeals Tribunal Act 1975
Imposes a duty on the State to apply the Administrative Appeals Tribunal Act 1975.
Establishes deadlines for lodging documents in IC reviewable decisions.
61A(1B) Modification of the Administrative Appeals Tribunal Act 1975
Establishes obligation to meet deadlines.
Agency or Minister must comply with obligation under paragraph 37(1)(a) of the Administrative Appeals Tribunal Act 1975.
61A(2) Modification of the Administrative Appeals Tribunal Act 1975
Tribunal's powers not limited by subsection (2)
61A(3) Modification of the Administrative Appeals Tribunal Act 1975
Identify person who made request for decision
62 Freedom of Information Amendment (Reform) Act 2010
62 Subparagraph 19R(3)(b)(iii)
There is a temporal relation between the request and the decision
Establish a temporal relation between the request and the decision
(b) in a case covered by paragraph (2)(b)—the person who made the request to which the decision relates.
A knowledge graph of requests and decisions is created
Create a knowledge graph of requests and decisions
The person who made the request must be identified
Identify the person who made the request
Information about the request and decision is diffused
Diffuse information about the request and decision
There is a recurring trace of requests and decisions
Establish a recurring trace of requests and decisions
63 Subsection 19R(4) (table item 4, column 2)
Notifying an affected third party would prejudice certain activities.
64 Freedom of Information Amendment (Reform) Act 2010
64 Subsection 35(6A)
Notification timing overlaps with investigation or administration.
(3) The circumstances covered by this subsection are...
Prevents notification of an affected third party.
freedom-of-information-amendment-reform-act-2010.pdf, p.127
Amendments apply in relation to certain requests and applications made after commencement.
65 Application—Part 1
Imposes a duty on the state to comply with certain requests and applications.
Must provide a reasonable opportunity to present cases before determining an application.
66 Freedom of Information Amendment (Reform) Act 2010
Amendments apply to complaints made after commencement
66 Application—Part 2
Mandatory duty to provide a reasonable opportunity.
Continue dealing with complaint under old law if certain conditions met
67 Savings—complaints on foot continue under old law
(a) before the commencement of Part 2, a complaint is made to the Ombudsman under the Ombudsman Act 1976; and (b) at the commencement of that Part, the Ombudsman has not informed the complainant of the result of the complaint under section 12 of that Act.
A person must make an IC review application for review of the deemed decision if certain conditions are met.
68 Freedom of Information Amendment (Reform) Act 2010
The Information Commissioner may investigate an action taken by an agency.
68 Investigations and complaints—guide
The IC review application is made during the period when the agency or Minister has not made a decision under section 54W (decision not to review) or 55K (decision on review)
the Information Commissioner must deal with the IC review application for review of the deemed decision as if it were an IC review application for the review of the actual decision
a person makes an IC review application for review of the deemed decision
The agency or Minister must make a decision under section 54W (decision not to review) or 55K (decision on review) in relation to the deemed decision
the agency or Minister must make a decision under section 54W (decision not to review) or 55K (decision on review)
The Information Commissioner must deal with every IC review application for review of the actual decision in a similar manner
freedom-of-information-amendment-reform-act-2010.pdf, p.102
69 Information Commissioner investigations—power to investigate
The Information Commissioner must investigate a complaint.
69(1) Information Commissioner investigations—power to investigate
69(2) Information Commissioner investigations—power to investigate
6C Transfer of complaints to Information Commissioner
Requirement to consult with Information Commissioner when certain conditions are met.
6C(1) Transfer of complaints to Information Commissioner
Obligation to consult with Information Commissioner
Must consult Information Commissioner about complaint to avoid inquiries by both parties.
6C(2) Transfer of complaints to Information Commissioner
The Ombudsman must not investigate the action without consulting the Information Commissioner.
The Ombudsman must consult the Information Commissioner.
The Ombudsman is allowed to stop investigating the action.
The Ombudsman may decide not to investigate the action.
Defines the meaning of 'engage in conduct'
Must hold hearing in public unless certain conditions apply.
70 Freedom of Information Amendment (Reform) Act 2010
70 Information Commissioner investigations—making complaints
Complainant may complain to the Information Commissioner about an action taken by an agency.
70(1) Information Commissioner investigations—making complaints
Indicates the subject of knowledge or inquiry.
Expresses a temporal relation between actions.
Complaint must be in writing and identify the agency.
70(2) Information Commissioner investigations—making complaints
Office must provide assistance to a person making a complaint.
70(3) Information Commissioner investigations—making complaints
Interpretation of Subdivision application to part of a complaint
71 Information Commissioner investigations—interpretation
72 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.103
The Information Commissioner may make inquiries of the respondent agency.
72 Information Commissioner investigations—preliminary inquiries
Discretion not to investigate a complaint about an action made under section 70.
73 Information Commissioner investigations—discretion not to
Agency/Minister must notify Information Commissioner of variation or substitution.
74 Freedom of Information Amendment (Reform) Act 2010
74 Information Commissioner investigations—transfer to
74(1) Information Commissioner investigations—transfer to
May decide not to investigate an action.
74(2) Information Commissioner investigations—transfer to
Transfer complaint to Ombudsman and provide information.
74(3) Information Commissioner investigations—transfer to
Reasons for Information Commissioner's decision
74(4) Information Commissioner investigations—transfer to
Transfer of complaints to the Ombudsman under the Ombudsman Act 1976.
74(5) Information Commissioner investigations—transfer to
Agency/Minister must notify Information Commissioner.
freedom-of-information-amendment-reform-act-2010.pdf, p.105
75 Information Commissioner investigations—notice requirements
Information Commissioner must notify respondent agency in writing before beginning an investigation.
75(1) Information Commissioner investigations—notice requirements
The Information Commissioner must provide notice if they decide not to investigate a complaint.
75(2) Information Commissioner investigations—notice requirements
The Information Commissioner must provide notice.
Notify complainant and respondent agency of decision in writing.
75(3) Information Commissioner investigations—notice requirements
Notice under subsection (3) must state reasons for decision.
75(4) Information Commissioner investigations—notice requirements
76 Freedom of Information Amendment (Reform) Act 2010
76 Information Commissioner investigations—conduct of
Investigations must be conducted in private and as the Information Commissioner thinks fit.
76(1) Information Commissioner investigations—conduct of
Obligation to conduct investigations in private and as the Information Commissioner thinks fit.
(1) An investigation must be conducted...
The Information Commissioner may obtain information from any officer of an agency.
76(2) Information Commissioner investigations—conduct of
The Information Commissioner must give a copy of a decision on an IC review to each review party.
76(6) Freedom of Information Amendment (Reform) Act 2010
Publication requirement for a document purporting to be certified by the Information Commissioner.
76(7) Freedom of Information Amendment (Reform) Act 2010
Imposes a duty on the State to publish the document.
The Information Commissioner must publish a decision on an IC review to members of the public generally.
76(8) Freedom of Information Amendment (Reform) Act 2010
Must publish a decision on an IC review to members of the public generally.
77 Information Commissioner investigations—general power to
Authorized person may enter and remain at a place with consent.
77(1) Information Commissioner investigations—general power to
Authorized person may enter a place occupied by an agency or contracted service provider.
77(2) Information Commissioner investigations—general power to
Authorized person must obtain consent before entering a place.
77(3) Information Commissioner investigations—general power to
Describes temporal relationship between consent and entry
(3) The authorised person may enter a place only if: (a) consent to the entry has been given by the person (the consenting person) who is: (i) in the case of an agency—the principal officer of the agency; or (ii) in the case of a contracted service provider—the person in charge (however described) of the contracted service provider;
Must inform consenting person of right to refuse consent
before giving the consent, the authorised person informed the consenting person that he or she may refuse consent.
Authorised person must leave premises upon request.
77(4) Information Commissioner investigations—general power to
The investigation overlaps with the request
Temporal overlap between investigations and requests
(4) The authorised person must leave the premises if the consenting person asks the authorised person to do so.
The artificial agent influences the investigation
Artificial agent influence on investigations
The authorised person must leave the premises.
The diffusion of the information commissioner's power is affected by the request
Diffusion of information commissioner's power
The request is recurrently traced with the investigation
Recurring trace of requests and investigations
Defines who is an authorized person under section 78.
77(5) Information Commissioner investigations—general power to
Identifies the subject of an obligation.
77(6) Information Commissioner investigations—general power to
Correcting obvious errors in decisions or statements of reasons.
78 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.107
78 Information Commissioner investigations—places for which
Places for which investigations are prohibited
78(1) Information Commissioner investigations—places for which
Authorized person must not enter or carry on investigation without approval from Minister.
78(2) Information Commissioner investigations—places for which
Prohibition of unauthorized entry or investigation
The Information Commissioner may correct an obvious error
79 Information Commissioner investigations—obliging production
Obligation to produce information during investigation
79(1) Information Commissioner investigations—obliging production
Notice to produce information Commissioner investigations
79(2) Information Commissioner investigations—obliging production
The Information Commissioner may require a person to give information or produce a document.
79(3) Information Commissioner investigations—obliging production
The Information Commissioner may require
Notice must be in writing, specify place and time for compliance.
79(4) Information Commissioner investigations—obliging production
79(5) Information Commissioner investigations—obliging production
The person commits an offence if they fail to comply during this period.
During a period specified in a notice, the person must comply.
The person is subject to a requirement specified in a notice under subsection (3).
The person commits an offence if their conduct breaches the requirement.
If the person's conduct breaches the requirement, then they commit an offence.
The person's conduct breaches the requirement.
If the person engages in conduct, then they breach the requirement.
8 Subsection 4(1)
IC review has the meaning given by section 54G.
80 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.109
80 Information Commissioner investigations—dealings with
Information Commissioner may take possession, make copies, extracts, or hold documents for investigation purposes.
80(1) Information Commissioner investigations—dealings with
Must permit inspection of documents during investigation
80(2) Information Commissioner investigations—dealings with
Sections 55T and 55U apply to an investigation under this Part as if a reference in those sections to an IC review of a decision were a reference to an investigation of a complaint made under section 70.
81 Information Commissioner investigations—exempt documents
82 Freedom of Information Amendment (Reform) Act 2010
82 Information Commissioner investigations—obliging persons to
82(1) Information Commissioner investigations—obliging persons to
Notice in writing, specifying time and place of compliance
Notice requirements for compliance with investigation
82(2) Information Commissioner investigations—obliging persons to
(2) The notice must: (a) be in writing; and (b) state that the person must comply with the notice at a specified time that is not less than 14 days after the time at which the person is given the notice;
A person commits an offence if they engage in conduct that breaches a requirement specified in a notice.
82(3) Information Commissioner investigations—obliging persons to
The person commits an offence if they engage in conduct that breaches the requirement.
Prohibition on engaging in conduct that breaches requirements.
Temporal interval for requirements and conduct.
freedom-of-information-amendment-reform-act-2010.pdf, p.111
83 Information Commissioner investigations—administration of
Information Commissioner may administer oath or affirmation to a person required to appear.
83(1) Information Commissioner investigations—administration of
83(2) Information Commissioner investigations—administration of
The person taking the oath or affirmation
83(3) Information Commissioner investigations—administration of
The person is required under this section to be examined on oath or affirmation.
84 Freedom of Information Amendment (Reform) Act 2010
84 Information Commissioner investigations—no loss of legal
Legal professional privilege is not lost when information is shared.
Protection from liability for good faith provision of information during investigation
85 Information Commissioner investigations—protection from
Imposes a duty on the State to protect individuals from liability for good faith provision of information during investigation
86 Freedom of Information Amendment (Reform) Act 2010
86 Information Commissioner investigations—notice on completion
Notify respondent agency upon completion of investigation
86(1) Information Commissioner investigations—notice on completion
Temporal relation between investigation completion and notification
The Information Commissioner must notify the respondent agency.
Investigation results, recommendations, and reasons
Notice on completion of investigation must state investigation results, recommendations, and reasons.
86(2) Information Commissioner investigations—notice on completion
Must state investigation results, recommendations, and reasons
Agency may provide comments on notice to Information Commissioner.
86(3) Information Commissioner investigations—notice on completion
The Information Commissioner must give a copy of the notice to the complainant.
86(4) Information Commissioner investigations—notice on completion
Must provide a copy of the notice to the complainant.
Excluding certain matters from a report upon request of the complainant.
86(5) Information Commissioner investigations—notice on completion
Excluding certain matters from a report.
Production of documents for access to exempt documents
86(3) Freedom of Information Amendment (Reform) Act 2010
86(4) Freedom of Information Amendment (Reform) Act 2010
Return original documents and destroy copies after giving evidence.
86(5) Freedom of Information Amendment (Reform) Act 2010
Duty to return original documents and destroy copies.
Permits inspection of documents held by the Inspector-General.
86(6) Freedom of Information Amendment (Reform) Act 2010
Permit person to inspect document at reasonable times.
86(7) Freedom of Information Amendment (Reform) Act 2010
Inspector-General must be given a reasonable time to consider documents.
86(8) Freedom of Information Amendment (Reform) Act 2010
(8) The Information Commissioner must allow the Inspector-General...
freedom-of-information-amendment-reform-act-2010.pdf, p.113
Investigation results include investigation matters, opinions, conclusions, and suggestions.
87 Information Commissioner investigations—what are the
88 Freedom of Information Amendment (Reform) Act 2010
Investigation recommendations are formal recommendations to the respondent agency.
88 Information Commissioner investigations—what are the
Temporal relationship between investigation and implementation.
The investigation recommendations, in relation to the investigation, are...
Rational basis for implementing investigation recommendations.
The Information Commissioner believes that the respondent agency ought to implement.
Artificial intelligence application for investigating and implementing recommendations.
Duty to implement investigation recommendations.
Mechanism for dissemination of investigation recommendations.
May have regard to evidence given in IC review and receive further evidence for making findings of fact.
88(2) Freedom of Information Amendment (Reform) Act 2010
the period during which further evidence may be received
IC review is a temporal interval between which further evidence may be received
(2) For the purposes of making findings of fact under subsection (1)
(a) have regard to the evidence given in the IC review
May have regard to evidence given in IC review
Further evidence is a class of evidence that may be considered
No limitation on power to remit case to Information Commissioner
88(3) Freedom of Information Amendment (Reform) Act 2010
The remittal order made by the Federal Court of Australia overlaps with other remittal orders.
Remittal order overlaps with other remittal orders
(3) Subsection (2) does not limit the Federal Court of Australia’s power under subsection 56(6)
The Federal Court of Australia recognizes the Information Commissioner's power to remit cases.
Federal Court of Australia recognizes Information Commissioner's power
Subsection (2) does not limit the Federal Court of Australia’s power under subsection 56(6) to make an order remitting the case to be heard and decided again by the Information Commissioner.
Federal Court of Australia has an obligation to remit case to Information Commissioner
(2) does not limit the Federal Court of Australia’s power under subsection 56(6)
The remittal order made by the Federal Court of Australia diffuses to other cases.
The remittal order made by the Federal Court of Australia repeats a previous remittal order.
Remittal order repeats previous remittal order
Agency must take adequate action following investigation recommendation.
89 Information Commissioner investigations—failure to implement
89A Information Commissioner investigations—failure to take
Agency must respond to implementation notice within specified time.
89A(1) Information Commissioner investigations—failure to take
(1) This section applies if: (a) the Information Commissioner gives an implementation notice to a respondent agency; and (b) the Information Commissioner is satisfied that: (i) the agency has not responded to the implementation notice within the time specified in the notice; or (ii) the agency has not taken action that is adequate and appropriate in the circumstances to implement the investigation recommendations for the investigation.
(ii) the agency has not taken action that is adequate and appropriate in the circumstances to implement the investigation recommendations for the investigation.
The Information Commissioner must give a written report to the responsible Minister.
89A(2) Information Commissioner investigations—failure to take
Must provide a copy of the report to the Minister responsible for administration of this Act.
89A(3) Information Commissioner investigations—failure to take
Information Commissioner must prepare a copy of the report to give to the FOI Minister that excludes certain matters.
89A(4) Information Commissioner investigations—failure to take
Obligation to prepare a copy of the report
Must cause a report to be laid before each House of the Parliament.
89A(5) Information Commissioner investigations—failure to take
Obligation to cause a report to be laid before each House of the Parliament.
freedom-of-information-amendment-reform-act-2010.pdf, p.115
Agency must provide report with details of response to implementation notice and proposed action.
89B Information Commissioner investigations—requirements for
89C Information Commissioner investigations—ensuring
Obligation to ensure documents are reported
89C(1) Information Commissioner investigations—ensuring
Exempt matter and certain information types cannot be included in a document.
89C(2) Information Commissioner investigations—ensuring
Prohibition on including exempt matter and certain information types.
89D Information Commissioner investigations—limitation on
Restrictions on amendments to certain documents
89D(1) Information Commissioner investigations—limitation on
Limitation on Information Commissioner investigations
89D(2) Information Commissioner investigations—limitation on
Limits investigations to specific conditions
(2) The Information Commissioner may, in the document, recommend that an amendment be made to a record...
Provides justification for limiting investigations
Prohibits Information Commissioner investigations
Limitation on recommending amendment to a record
89D(3) Information Commissioner investigations—limitation on
...the determination of a question that the person seeking amendment of the record is...
During the investigation, no amendment can be made
(b) the decision whether to amend the record involves...
...the person seeking amendment of the record is, or has been, entitled to have determined by the agency...
Amendment implies entitlement to have determined by agency
...the person seeking amendment of the record is, or has been, entitled to have determined by the agency (on internal review), the Information Commissioner, a court or tribunal.
Amendment implies entitlement to have determined by artificial agent
...recommend that an amendment be made to a record
(3) The Information Commissioner must not...
Amendment implies entitlement to have determined by court or tribunal
89E Information Commissioner investigations—protection from
Protection from civil proceedings for loss or damage suffered by another person due to an action under section 70.
89E(1) Information Commissioner investigations—protection from
Imposes a duty on the State to protect individuals from civil proceedings.
Complaint must be made in good faith for subsection (1) to apply.
89E(2) Information Commissioner investigations—protection from
freedom-of-information-amendment-reform-act-2010.pdf, p.117
Ombudsman's powers not affected by this Part
89F Complaints to Ombudsman—powers not affected
The Ombudsman's powers are not affected by this Part.
This Part does not prevent the Ombudsman from exercising powers or performing functions under the Ombudsman Act 1976.
Report must not include certain information
89G Complaints to Ombudsman—report must not contain certain
Report must not include exempt matter or information about certain documents.
Prohibits reporting of exempt matter and certain documents
89H Complaints to Ombudsman—certain rights not affected by
Ombudsman must investigate certain decisions not to grant access to documents.
89H(1) Complaints to Ombudsman—certain rights not affected by
Right to seek reasons for decision not to give access to exempt document
89H(2) Complaints to Ombudsman—certain rights not affected by
(a) seek from any person the reasons for a decision made under this Act not to give access to an exempt document;
Has right to seek reasons for decision not to give access to exempt document
(2) The certificate does not affect the Ombudsman’s right to:
(b) require any person to give any information or to answer any questions concerning the decision.
Has right to require information or answer questions concerning decision
89J Complaints to Ombudsman—limitation on amending records in
The Ombudsman may recommend an amendment to a record if satisfied of certain conditions.
89J(1) Complaints to Ombudsman—limitation on amending records in
Obligation to satisfy conditions before recommending an amendment
Ombudsman cannot recommend amendment to record under certain conditions.
89J(2) Complaints to Ombudsman—limitation on amending records in
89K Vexatious applicants—declaration
The Information Commissioner may declare a person to be a vexatious applicant.
89K(1) Vexatious applicants—declaration
Declaration of a person as a vexatious applicant.
The Information Commissioner may make a declaration on the application of an agency or Minister, or on their initiative.
89K(2) Vexatious applicants—declaration
Agency or Minister must establish declaration
89K(3) Vexatious applicants—declaration
The agency or Minister must establish the declaration within a certain timeframe.
The agency or Minister must establish that the Information Commissioner should make the declaration if they apply for it.
If an agency or Minister applies for a declaration, they have the onus of establishing that the Information Commissioner should make the declaration.
The agency or Minister requires evidence to establish the declaration.
The agency or Minister must establish that the Information Commissioner should make the declaration.
The onus of establishing the declaration spreads to the Information Commissioner.
The Information Commissioner must give written notice to the person in relation to whom the vexatious applicant declaration is made.
89K(4) Vexatious applicants—declaration
The Information Commissioner must give written notice.
freedom-of-information-amendment-reform-act-2010.pdf, p.119
89L Vexatious applicants—grounds for declaration
Grounds for declaration of vexatious applicant
89L(1) Vexatious applicants—grounds for declaration
Obligation on the Information Commissioner
The Information Commissioner may make a vexatious applicant declaration
The person has repeatedly engaged in access actions; and...
Engages in an access action if makes a request, application under section 48, internal review application, or IC review application.
89L(2) Vexatious applicants—grounds for declaration
Request, application under section 48, internal review application, or IC review application
The Information Commissioner must give a person an opportunity to make written or oral submissions before making a declaration.
89L(3) Vexatious applicants—grounds for declaration
The Information Commissioner must give the person an opportunity to make written or oral submissions.
Grounds for declaration of vexatious applicants
89L(4) Vexatious applicants—grounds for declaration
Defines temporal interval for abuse of process
(a) harassing or intimidating an individual or an employee of an agency;
Prohibits abuse of process for access action
Classifies abuse of process as a ground for declaration
abuse of the process for an access action includes, but is not limited to:
89M Vexatious applicants—effect of declaration
A vexatious applicant declaration has effect in accordance with the terms and conditions stated.
89M(1) Vexatious applicants—effect of declaration
Declaration has effect during the term and condition period
Refusal to consider certain requests or applications without written permission.
89M(2) Vexatious applicants—effect of declaration
...may provide that: an agency or Minister may refuse to consider...
(2) Without limiting subsection (1), a vexatious applicant declaration...
...without the written permission of the Information Commissioner.
Agency or Minister may refuse to consider...
Recurring trace of requests and applications
89M(3) Vexatious applicants—effect of declaration
A person can apply for review of a decision under section 89K.
89N Vexatious applicants—review by Tribunal
freedom-of-information-amendment-reform-act-2010.pdf, p.121
89P Staff to hold appropriate security clearance
IC reviewable decision has the meaning given by section 54K.
Conditional commencement of freedom of information amendment
90 Freedom of Information Amendment (Reform) Act 2010
90 Protection against civil liability—general
No action for defamation, breach of confidence or infringement of copyright lies against the Commonwealth, a Minister, an agency or an officer of an agency.
90(1) Protection against civil liability—general
No action for defamation, breach of confidence or infringement of copyright.
Publication or access is required or permitted under Part II or section 11C.
No action for defamation or breach of confidence against a person supplying a document to a Minister or agency.
90(2) Protection against civil liability—general
Obligation to protect against defamation and breach of confidence
Publication of certain documents is prohibited.
90(3) Protection against civil liability—general
(3) The publication of a document is covered by this subsection if:
List of parties in a proceeding before the Tribunal for a review of a decision
92 Freedom of Information Amendment (Reform) Act 2010
92 Protection against criminal liability
Minister or officer not guilty of criminal offence due to good faith publication or access
92(1) Protection against criminal liability
Good faith publication or access overlaps with the scope of Part II (information publication scheme) or section 11C (publication of information in accessed documents)
Part II (information publication scheme) or section 11C (publication of information in accessed documents) defines the scope of document publication or access
Minister or officer not guilty of criminal offence
Minister or officer has an obligation to act in good faith
Good faith publication or access is required
Minister or officer has permission to publish or access a document in good faith
Minister or officer has an obligation to act in good faith when publishing or accessing a document
Good faith publication or access is an until condition under Part II (information publication scheme) or section 11C (publication of information in accessed documents)
Must provide information to a State for specified purposes.
92(2) Protection against criminal liability
The person is not guilty of a criminal offence only because...
93 Agencies to provide information to Information Commissioner
Agencies and Ministers must provide information to the Information Commissioner.
93(1) Agencies to provide information to Information Commissioner
(1) This section applies to: (a) an agency, in relation to documents of the agency; (b) each Minister, in relation to his or her official documents.
Must provide information to Information Commissioner
93(2) Agencies to provide information to Information Commissioner
Must comply with regulations regarding information provision and record keeping.
93(3) Agencies to provide information to Information Commissioner
93A Guidelines
The Information Commissioner may issue guidelines by instrument in writing.
93A(1) Guidelines
Regard must be had to guidelines issued by the Information Commissioner.
93A(2) Guidelines
Performance of a function or exercise of power under this Act.
Guidelines are not legislative instruments.
93A(3) Guidelines
(3) Guidelines are not legislative instruments.
93B Review of operation of Act
Minister must undertake review of Act's operation.
93B(1) Review of operation of Act
Review of operation of Act must start within 2 years and be completed within 6 months.
93B(2) Review of operation of Act
The Minister must prepare a written report about the review.
93B(3) Review of operation of Act
Minister must lay report before Parliament within 15 sitting days.
93B(4) Review of operation of Act
Minister must lay report before Parliament.
Requester has onus to establish justification for decision.
94 Freedom of Information Amendment (Reform) Act 2010
Requester has onus to establish justification.
Decision is justified if requester establishes it.
Requester's request is justified if they establish it.
Decision is only justified if requester establishes it.
96 Freedom of Information Amendment (Reform) Act 2010
98 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.129
Omit 'Privacy Commissioner', substitute 'Information Commissioner'
1 Subparagraph 212(2)(a)(vi)
Prohibits the use of Privacy Commissioner
freedom-of-information-amendment-reform-act-2010.pdf, p.130
Delegate staff members as provided by section 99 of the Act.
10 Subsection 4(4)
Grant permission to delegate staff members.
11 Subsection 12P(3)
12 Paragraph 3ZQJ(2)(c)
freedom-of-information-amendment-reform-act-2010.pdf, p.132
12 Guidelines relating to privacy
12(1) Guidelines relating to privacy
The Information Commissioner must issue guidelines relating to the matching of data under this Act.
12(2) Guidelines relating to privacy
The function is a privacy function for the purposes of the Australian Information Commissioner Act 2010.
12(3) Guidelines relating to privacy
Agency must report data-matching program to Information Commissioner and Parliament.
12(4) Guidelines relating to privacy
Agency must provide report to Minister on data-matching program.
12(5) Guidelines relating to privacy
Guidelines take effect after disallowance ends or in accordance with their commencement provision.
12(6) Guidelines relating to privacy
guidelines take effect from that day onwards.
Guidelines take effect during disallowance period.
(a) the first day on which the guidelines are no longer subject to disallowance;
Guidelines take effect when disallowance ends.
Guidelines take effect when commencement provision is met.
(b) if the guidelines make provision for their commencement after that day—in accordance with that provision.
guidelines take effect from either that day or the specified commencement day.
Guidelines take effect when disallowance ends or commencement provision is met.
(a) the first day on which the guidelines are no longer subject to disallowance; (b) if the guidelines make provision for their commencement after that day—in accordance with that provision.
126 Freedom of Information Amendment (Reform) Act 2010
128 Freedom of Information Amendment (Reform) Act 2010
13 Paragraph 23YDAE(2)(g)
freedom-of-information-amendment-reform-act-2010.pdf, p.134
130 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.136
132 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.138
Note: Heading alteration for section 309
134 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.140
136 Freedom of Information Amendment (Reform) Act 2010
Replace Privacy Commissioner with Information Commissioner
14 Paragraph 23YO(2)(g)
freedom-of-information-amendment-reform-act-2010.pdf, p.131
Substitute a person nominated by the Information Commissioner
15 Subsection 23YUK(4) (paragraph (b) of the definition of
Replace nominee with specified individual
16 Subsection 23YV(4) (paragraph (b) of the definition of
Repeal heading and substitute with new text.
17 Division 5 of Part VIIC (heading)
18 Subsection 85ZZ(1)
Functions are privacy functions for the purposes of the Australian Information Commissioner Act 2010.
19 After subsection 85ZZ(1)
The function is during the period of the Act
Function is during the period of the Act
The functions conferred by subsection (1) are privacy functions for the purposes of the Australian Information Commissioner Act 2010.
2 Paragraph 43(2)(g)
20 Subsection 85ZZ(2)
Replace Privacy Commissioner with Information Commissioner in section heading.
21 Subsection 85ZZA(1)
22 Subsection 85ZZA(3)
Omit ‘Privacy Commissioner’s’, substitute ‘Information Commissioner’s’.
23 Subsections 85ZZC(1) and (2)
Alters heading of section 85ZZD by changing 'Privacy Commissioner' to 'Information Commissioner'.
24 Subsection 85ZZD(1)
25 Subsections 85ZZD(2) to (4)
26 Subsection 85ZZF(1)
Definition of sampling procedures modified to include the Information Commissioner.
27 Subsection 10(5) (definition of sampling procedures)
Replaces Privacy Commissioner with a specific role.
Repeal section and substitute with new text.
28 Section 12
freedom-of-information-amendment-reform-act-2010.pdf, p.133
29 Subsection 13(1) (definition of Commissioner)
30 Subsection 14(2)
31 Schedule
Omit Privacy Commissioner and substitute Information Commissioner under the Privacy Act 1988.
32 Paragraph 42(2)(e) of Schedule 1
Prohibition of using Privacy Commissioner
Omit Privacy Commissioner, substitute Information Commissioner.
33 Paragraph 53(2)(g) of Schedule 1
34 Paragraph 510(1)(c)
Omit 'Privacy Commissioner', substitute 'Information Commissioner under the Privacy Act 1988'.
35 Paragraph 42(2)(e) of Schedule 1A
36 Paragraph 53(2)(g) of Schedule 1A
37 Paragraph 261AKD(2)(e)
38 Paragraph 336E(2)(g)
39 Subsection 135AA(3)
Repeal the definition of Privacy Commissioner
4 Subsection 3(1) (definition of Privacy Commissioner)
Omit 'written notice', substitute 'legislative instrument'.
40 Subsection 135AA(3)
Issuing guidelines is a privacy function for the purposes of the Australian Information Commissioner Act 2010.
41 After subsection 135AA(3)
freedom-of-information-amendment-reform-act-2010.pdf, p.135
42 Subsection 135AA(4)
43 Subsection 135AA(4)
44 Subsections 135AA(5A) and (6)
Guidelines take effect from the first day they are no longer liable to be disallowed, or in accordance with their provision for commencement after that day.
45 Subsections 135AA(7) to (10)
46 Subsection 135AB(2)
Repeal definition of Privacy Commissioner
48 Section 4 (definition of Privacy Commissioner)
49 Subparagraphs 61(4)(b)(i) and (ii)
Omit “Privacy Commissioner”, substitute ‘Information Commissioner’.
5 Paragraphs 20(4A)(b), (c) and (e)
50 Paragraphs 61(5)(c) and (d)
51 Subsection 61(6)
Repeal definition, substitute with new Commissioner definition.
52 Subsection 6(1) (definition of Commissioner)
53 Part IV (heading)
54 Division 1 of Part IV
55 Subsections 31(4), 32(2) and 36(1)
56 Sections 96, 97 and 99
Substitute Information Commissioner for Privacy Commissioner.
57 Introduction to Schedule 2
58 Clause 6.1 of Schedule 2
59 Paragraphs 117(1)(j) and (k)
6 Subsection 20(4B)
freedom-of-information-amendment-reform-act-2010.pdf, p.137
60 Subsection 118(1) (note)
61 Subsection 118(4A)
62 Subsection 121(1A)
63 Subsection 122(3)
64 Subsection 130(1) (note)
65 Subsections 134(2) and (3)
Substitute term for Privacy Commissioner
66 Paragraph 295M(1)(a)
Replace 'Privacy Commissioner' with 'Information Commissioner'
67 Paragraph 295M(1)(a)
68 Section 295ZC
Omit 'Privacy Commissioner' and substitute 'Information Commissioner'.
69 Subsection 309(1)
7 Section 43A
Insertion of privacy function for Information Commissioner
70 After subsection 309(1)
The Information Commissioner has a function
71 Subsections 309(2) to (4)
72 Subsection 309(5)
Replace Privacy Commissioner with Information Commissioner in section 515A heading.
73 Paragraphs 515A(2)(a) and (b)
74 Paragraphs 515A(3)(a) and (c)
75 Subsection 515A(4)
76 Subsection 183(3)
freedom-of-information-amendment-reform-act-2010.pdf, p.139
77 Paragraph 42(2)(e) of Schedule 2
78 Paragraph 53(2)(g) of Schedule 2
Substitute Australian Information Commissioner Act 2010 for Privacy Act 1988.
8 Section 43A
Replace Privacy Commissioner with Information Commissioner in section 4 heading.
9 Subsections 4(1), (2) and (4)
1 Subsection 4(1) (definition of agency)
freedom-of-information-amendment-reform-act-2010.pdf, p.141
Definition of intelligence agency document
freedom-of-information-amendment-reform-act-2010.pdf, p.142
Defines who holds or performs duties in a prescribed authority
12 Subsection 4(1) (paragraphs (b) and (c) of the definition of
Defines the meaning of 'request consultation process'
138 Freedom of Information Amendment (Reform) Act 2010
14 Subsection 4(1) (paragraph (d) of the definition of
freedom-of-information-amendment-reform-act-2010.pdf, p.144
Exempts certain documents from the operation of the Freedom of Information Act.
140 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.146
Methods for postage and electronic communication
142 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.148
Inform applicant and agency or Minister of extension period
144 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.150
Refusal of access to document if practical refusal reason still exists
146 Freedom of Information Amendment (Reform) Act 2010
The requests relate to documents, the subject matter of which is substantially the same.
Requests relate to documents with substantially the same subject matter
(2) For the purposes of this section, the agency or Minister may treat 2 or more requests as a single request if the agency or Minister is satisfied that:
The agency or Minister recognizes multiple requests as a single request.
Agency or Minister recognizes multiple requests as a single request based on subject matter similarity
The agency or Minister may refuse to give access to the document.
Prohibits access to document if condition exists
(b) if, after the request consultation process, the agency or Minister is satisfied that the practical refusal reason still exists—the agency or Minister may refuse to give access to the document in accordance with the request.
The requests diffuse into a single request.
Requests diffuse into a single request if they relate to substantially the same subject matter
Requests are treated as recurring if they relate to the same document or documents
freedom-of-information-amendment-reform-act-2010.pdf, p.152
148 Freedom of Information Amendment (Reform) Act 2010
Applicant may agree to extend consultation period.
148(5) Freedom of Information Amendment (Reform) Act 2010
Must provide written notice to agency or Minister within consultation period.
148(6) Freedom of Information Amendment (Reform) Act 2010
(6) The applicant must, before the end of the consultation period, do one of the following...
Failure to consult during the consultation period results in withdrawal of request.
148(7) Freedom of Information Amendment (Reform) Act 2010
The consultation period and processing period overlap.
Consultation period overlaps with processing period.
The consultation period ends before the end of the processing period.
The withdrawal of the request implies no further action by the applicant.
Withdrawal of request implies no further action by the applicant.
The withdrawal of the request results in a change to the status of the applicant.
Failure to do so results in withdrawal of request.
Obligation to consult during the consultation period.
The applicant must consult the contact person during the consultation period.
The withdrawal of the request diffuses to the contact person.
Withdrawal of request diffuses to the contact person.
The withdrawal of the request results in a change to the status of the contact person.
The consultation period is until the end of the processing period.
Consultation period is until the end of the processing period.
Disregard a certain period when calculating the 30-day deadline for an agency's decision on an applicant's request.
148(8) Freedom of Information Amendment (Reform) Act 2010
The disregarded period overlaps with the 30-day deadline.
Paragraph 15(5)(b) mentions a 30-day deadline.
Agency has an obligation to notify the applicant within 30 days.
Paragraph 15(5)(b) requires notification.
The agency cannot disregard the period when calculating the deadline.
The disregarded period is recurrent in the sense that it happens every time an applicant receives a notice.
Agency or Minister must undertake a request consultation process once for any particular request.
148(9) Freedom of Information Amendment (Reform) Act 2010
Describes the temporal interval during which the obligation applies.
(9) To avoid doubt, this section only obliges the agency or Minister to undertake a request consultation process once for any particular request.
Describes the implication of the obligation on other provisions.
Describes how the obligation is recognized by AI systems.
Imposes a duty on the agency or Minister.
Describes how the obligation spreads to other provisions.
Repeal a paragraph of the definition of responsible Minister
15 Subsection 4(1) (paragraph (e) of the definition of
freedom-of-information-amendment-reform-act-2010.pdf, p.154
150 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.156
152 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.158
154 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.147
Agency or Minister may extend period for dealing with request by up to 30 days if applicant agrees in writing.
15AA Extension of time with agreement
15AB Extension of time for complex or voluminous requests
Agency or Minister may apply for extension of time to deal with a request
15AB(1) Extension of time for complex or voluminous requests
Extension of time for complex or voluminous requests
15AB(2) Extension of time for complex or voluminous requests
15AC Decision not made on request within time—deemed refusal
Agency or Minister must make a decision on request within time.
15AC(1) Decision not made on request within time—deemed refusal
Deemed refusal if decision not made within time period
15AC(2) Decision not made on request within time—deemed refusal
Refusal to give access to document without notice
15AC(3) Decision not made on request within time—deemed refusal
...on the last day of the initial decision period;
the principal officer of the agency or the Minister is taken to have made a decision personally refusing to give access...
notice of the decision is taken to have been given under section 26...
Request for further time to deal with the request may be made in writing.
15AC(4) Decision not made on request within time—deemed refusal
for further time to deal with the request.
Granting permission to make a request for further time.
The agency or Minister concerned may apply in writing to the Information Commissioner.
Allow further time for agency or Minister to deal with request
15AC(5) Decision not made on request within time—deemed refusal
Information Commissioner may impose conditions on further time request
15AC(6) Decision not made on request within time—deemed refusal
Agency or Minister may extend time for decision on request.
15AC(7) Decision not made on request within time—deemed refusal
Indicates that agency or Minister may extend time for decision on request.
(7) Subsection (3) (deemed refusal) does not apply, and is taken never to have applied...
Allows agency or Minister to extend time for decision on request.
Enables agency or Minister to extend time for decision on request.
Implies that agency or Minister may extend time for decision on request.
Agency/Minister must comply with conditions or face further time not allowed
15AC(8) Decision not made on request within time—deemed refusal
No power to allow further time under this section
15AC(9) Decision not made on request within time—deemed refusal
(9) If subsection (8) applies, the Information Commissioner does not have the power to allow further time under this section in relation to the decision taken to be made under subsection (3)
Prohibited action: allowing further time
Defines subcontractor for Commonwealth contract
Entity is responsible for provision of services
freedom-of-information-amendment-reform-act-2010.pdf, p.143
17 Subsection 4(8)
18 Section 6B
19 Before section 7
(a) the Commonwealth or an agency is, or was, a party to the contract;
Commonwealth contract means a contract to which all of the following apply:
Repeal subsection and substitute with new schedule
20 Subsection 7(2A)
21 Subsection 7(2B)
Exempts a Minister from the operation of this Act in relation to certain documents.
21(2B) Subsection 7(2B)
Exempts a Minister from the operation of this Act in relation to documents containing certain information.
...an extract or information from, an intelligence agency document...
Represents knowledge about exempt documents using a formal ontology.
Prohibits a Minister from the operation of this Act in relation to certain documents.
...to the extent that it contains such a summary, extract or information...
Restricts the flow of information from intelligence agency documents to Ministers.
Exempts an agency from the operation of this Act in relation to certain defence intelligence documents.
21(2C) Subsection 7(2B)
Prohibits an agency from operating under this Act in relation to certain defence intelligence documents.
Exempts Minister from operation of Act in relation to specified documents.
21(2D) Subsection 7(2B)
Prohibits Minister from operation of Act in relation to specified documents.
freedom-of-information-amendment-reform-act-2010.pdf, p.145
Insert program or related material into National Film and Sound Archive collection.
22 After paragraph 13(1)(d)
Inserts headings for subsections 15(1) and 15(2)
23 After paragraph 15(2)(a)
Provide details of how notices under this Act may be sent to the applicant.
24 Paragraphs 15(2)(c) to (e)
freedom-of-information-amendment-reform-act-2010.pdf, p.149
Agency or Minister must undertake a request consultation process when refusing a document request
24 Power to refuse request—diversion of resources etc.
Obligation to undertake consultation process
Must provide details of how notices under this Act may be sent to the applicant.
freedom-of-information-amendment-reform-act-2010.pdf, p.153
24A Requests may be refused if documents cannot be found, do not
Refusal of document access request due to unavailability or non-existence.
24A(1) Requests may be refused if documents cannot be found, do not
Temporal overlap between request and agency's possession
(i) is in the agency’s or Minister’s possession but cannot be found;
(1) An agency or Minister may refuse a request for access to a document...
Agency may refuse request if document cannot be found or received through contractual measures.
24A(2) Requests may be refused if documents cannot be found, do not
Document receipt must overlap with agency's contractual measures
(b) the agency has not received the document;
Agency is prohibited from refusing request
(2) An agency may refuse a request for access to a document if...
Agency has obligation to receive document through contractual measures
Agency must recurrently attempt to receive document
(c) the agency has taken all reasonable steps to receive the document in accordance with those contractual measures.
24AA When does a practical refusal reason exist?
A practical refusal reason exists if the request would substantially and unreasonably divert resources or interfere with functions.
24AA(1) When does a practical refusal reason exist?
Request timing based on Minister functions.
(ii) in the case of a Minister—would substantially and unreasonably interfere with the performance of the Minister’s functions;
Request would substantially divert agency resources.
(i) in the case of an agency—would substantially and unreasonably divert the resources of the agency from its other operations;
Request would substantially interfere with Minister functions.
Request does not satisfy identification requirement.
Non-Compliance with Identification Requirement
(b) the request does not satisfy the requirement in paragraph 15(2)(b) (identification of documents).
Request recurrence based on agency/minister operations.
Agency or Minister must consider resources for identifying, locating, or collating documents and deciding access to documents.
24AA(2) When does a practical refusal reason exist?
Agency or Minister must consider resources.
Agency or Minister must not consider certain factors when deciding on a practical refusal reason.
24AA(3) When does a practical refusal reason exist?
Agency or Minister must not consider certain factors.
(3) In deciding whether a practical refusal reason exists, an agency or Minister must not have regard to:
Agency or Minister must not consider applicant's reasons.
(3) In deciding whether a practical refusal reason exists, an agency or Minister must not have regard to: (a) any reasons that the applicant gives for requesting access;
Agency or Minister must not consider their own beliefs.
(3) In deciding whether a practical refusal reason exists, an agency or Minister must not have regard to: (b) the agency’s or Minister’s belief as to what the applicant’s reasons are for requesting access;
Agency or Minister must not consider maximum amount payable.
(3) In deciding whether a practical refusal reason exists, an agency or Minister must not have regard to: (c) any maximum amount, specified in the regulations, payable as a charge for processing a request of that kind.
freedom-of-information-amendment-reform-act-2010.pdf, p.151
24AB What is a request consultation process?
24AB(1) What is a request consultation process?
Agency must provide written notice with details of refusal reason and contact person.
24AB(2) What is a request consultation process?
Agency must assist applicant to revise request if practical refusal reason no longer exists.
24AB(3) What is a request consultation process?
Agency takes reasonable steps to assist applicant.
Applicant contacts contact person during consultation period.
Defines reasonable steps for a request consultation process.
24AB(4) What is a request consultation process?
Request must be sent to agency or Minister in specified ways
25 After subsection 15(2)
An agency or Minister may refuse to deal with a request if satisfied that a practical refusal reason exists.
26 At the end of subsection 15(3)
Agency must consider guidelines when making decisions on requests.
27 After subsection 15(5)
28 Paragraph 15(6)(a)
29 At the end of section 15
Agency or Minister may extend period for request if appropriate to consult foreign government, authority, or international organisation.
29(7) At the end of section 15
Agency must inform applicant of extended period.
29(8) At the end of section 15
Defines contracted service provider for Commonwealth contracts.
30 After section 15
31 Paragraph 17(1)(a)
32 Section 24
33 Section 24A
34 Subsection 29(1)
35 Section 30A
36 Section 92A
37 Paragraph 94(2)(a)
Prohibits the applicant being included in one class or another.
Removes the specified phrase from the text.
Obligation to report or analyze operational intelligence and special access programs.
38 Division 1 of Part II of Schedule 2 (after the item relating to
Repeal of item relating to Federal Airports Corporation
39 Division 1 of Part II of Schedule 2 (the item relating to the
freedom-of-information-amendment-reform-act-2010.pdf, p.155
Amendments apply in relation to contracts entered into at or after commencement.
40 Application—items 2, 3, 7, 16, 19 and 33
Applicable to certain requests and applications under the Freedom of Information Act 1982
41 Application—items 4, 6, 8, 10 to 13, 17, 20 to 32 and 34 to
Inserts the Australian Information Commissioner Act 2010 into the list of entities to be included.
41A After paragraph 49(1)(c)
Omit “or (c)”, substitute “, (c) or (ca)”.
41B Subsection 49(3)
42 Schedule 1
Repeal paragraph and substitute with exemptions for national security, defence or international relations documents.
43 Paragraph 93(3A)(a)
Repeal and substitute certain documents with exemptions.
44 Subparagraph 131AA(4)(a)(i)
freedom-of-information-amendment-reform-act-2010.pdf, p.157
Repeal paragraph and substitute with exemptions for trade secrets and business documents.
45 Paragraph 133(4)(a)
46 Paragraph 135A(4)(a)
Repeal paragraph, substitute with exemptions for trade secrets and business documents.
47 Paragraph 143(6)(a)
Repeal paragraph and substitute with exemptions for certain documents.
48 Paragraph 146B(4)(a)
Insertion of Division 9 before section 60A
49 Subsection 34(1AA)
5 Subsection 4(1) (definition of Department)
Imposes a duty on the legislative body to define Department
50 Paragraph 34(1AA)(a)
51 Subsection 34(5)
Duty to provide information under Division 9 of Part VII of the Freedom of Information Act 1982.
52 After paragraph 34(5)(c)
Allow material maintained for reference purposes that is otherwise publicly available.
6 Subsection 4(1) (paragraph (d) of the definition of
6C Requirement for Commonwealth contracts
Agency must comply with Commonwealth contract requirements.
6C(1) Requirement for Commonwealth contracts
Agency must take measures to receive a document from a contracted service provider or subcontractor.
6C(2) Requirement for Commonwealth contracts
Document was created before the request for access.
(2) The agency must take contractual measures to ensure that the agency receives a document if: (a) the document is created by, or is in the possession of: (i) a contracted service provider for the Commonwealth contract; or (ii) a subcontractor for the Commonwealth contract;
7 Subsection 4(1) (definition of document of an agency)
The document is a document of an agency if...
In order to comply with section 6C, the agency has taken contractual measures.
The document is a document of an agency.
The document is in the possession of the agency.
(a) The document is in the possession of the agency.
(b) In order to comply with section 6C, the agency has taken contractual measures.
Repeal definition of eligible case manager
9 Subsection 4(1) (definition of eligible case manager)
freedom-of-information-amendment-reform-act-2010.pdf, p.5
1 Short title [see Note 1]
freedom-of-information-amendment-reform-act-2010.pdf, p.176
1 November 2010
1 Section 1
1 November
1 May 2011
freedom-of-information-amendment-reform-act-2010.pdf, p.6
freedom-of-information-amendment-reform-act-2010.pdf, p.159
1 Definitions
Expressions used in this Schedule are also used in the new law and Privacy Act 1988
Expressions used in this Schedule are also used in the Freedom of Information Act 1982
freedom-of-information-amendment-reform-act-2010.pdf, p.165
Committee must advise Privacy Commissioner under certain conditions.
10 Privacy Advisory Committee giving advice to Privacy
Committee must advise Privacy Commissioner after commencement day
Describes temporal relationship between events
Committee did not advise Privacy Commissioner before commencement day
Committee must advise Privacy Commissioner
Committee was requested to advise Privacy Commissioner
freedom-of-information-amendment-reform-act-2010.pdf, p.166
Investigation completion transfer from Privacy Commissioner to Information Commissioner
11 Investigations
Transfer of investigation responsibility
Must provide evidence or information to the Information Commissioner on the same basis as required by the Privacy Commissioner.
12 Requirement to give evidence or hold conference etc.
The person must provide the evidence, information or document to the Information Commissioner.
Privacy Commissioner required a person to provide evidence, information or any document; and
The person must attend the conference if the conference is: presided over by the Information Commissioner; and held on or after the commencement day; and held in accordance with section 46 of the Privacy Act 1988.
Privacy Commissioner directed a person to attend a conference under section 46 of the Privacy Act 1988; and
Application for investigation proceeding must be determined by the Information Commissioner.
13 Applications on foot as part of investigation proceeding
Application for investigation proceeding must be determined.
freedom-of-information-amendment-reform-act-2010.pdf, p.167
14 Conference convened, but not held
Submissions invited by Privacy Commissioner after commencement day.
15 Submissions invited, but not received, by Privacy
Submission was made after commencement day
Temporal interval between submission and commencement day
Submissions were not made before commencement day.
Privacy Commissioner must receive submissions
freedom-of-information-amendment-reform-act-2010.pdf, p.160
156 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.162
158 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.168
Instrument references Privacy Commissioner, with effect changed to Information Commissioner on commencement day.
16 References in instruments
Commencement of item 23 of Schedule 3 to the Freedom of Information Amendment (Reform) Act 2010
16 Section 16
Temporal interval specified in the Freedom of Information Amendment (Reform) Act 2010
Temporal overlap between instrument references and commencement day
(2) The instrument has effect on and after the commencement day as if the reference to the Privacy Commissioner were a reference to the Information Commissioner.
Automated inference of instrument references
(a) an instrument is in force immediately before the commencement day; and (b) the instrument contains a reference to the Privacy Commissioner.
The Minister may, by written instrument, determine that subitem (1) does not apply in relation to a specified reference.
Obligation to update instrument references
(1) an instrument is in force immediately before the commencement day; and (2) the instrument contains a reference to the Privacy Commissioner.
Information Commissioner's authority diffused from Privacy Commissioner
Instrument references repeated on commencement day
(3) The Minister may, by written instrument, determine that subitem (1) does not apply in relation to a specified reference.
freedom-of-information-amendment-reform-act-2010.pdf, p.164
Respond to the Information Commissioner within a certain timeframe after commencement day.
160 Freedom of Information Amendment (Reform) Act 2010
162 Freedom of Information Amendment (Reform) Act 2010
164 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.170
166 Freedom of Information Amendment (Reform) Act 2010
freedom-of-information-amendment-reform-act-2010.pdf, p.172
168 Freedom of Information Amendment (Reform) Act 2010
The Information Commissioner must provide a report in relation to so much of the period as occurs before the commencement day.
17 Reporting requirements
Commencement of Schedule 4 to the Freedom of Information Amendment (Reform) Act 2010
17 Section 17
Requires temporal relation between commencement and Schedule 4
Commencement time specified in the Freedom of Information Amendment (Reform) Act 2010
Classifies the provision as a duty to commence Schedule 4
The Information Commissioner must provide a report.
Commencement information for provisions of the Statute Law Revision Act 2012
172 Freedom of Information Amendment (Reform) Act 2010
Substitution of Information Commissioner as a party to pending proceedings
18 Substitution of Information Commissioner as a party to
Continuation of actions by Privacy Commissioner upon commencement day
19 Reviews, examinations etc. by Privacy Commissioner
2 Commencement
Commences immediately after section 3 of the Australian Information Commissioner Act 2010.
2 Section 2
2 Freedom of Information Amendment (Reform) Act 2010
Continuation of Privacy Commissioner appointment
2 Privacy Commissioner
...for the balance of the person’s term of appointment that remained immediately before the commencement day.
Overlaps with the person's term of appointment
(1) The person holding office as the Privacy Commissioner under section 19A of the old law immediately before the commencement day is taken to have been appointed...
Inferential application of the provision
Continues the appointment of the Privacy Commissioner
The person holding office as the Privacy Commissioner...
Diffuses the appointment of the Privacy Commissioner
(3) This item does not prevent those terms and conditions being varied after the commencement day.
Recurring trace of the Privacy Commissioner's appointment
(2) The Privacy Commissioner is taken to have been appointed on the same terms and conditions as applied immediately before the commencement day.
The Privacy Commissioner must complete a review of an adjudicator's decision if the review was not completed before the commencement day.
20 Review of adjudicator’s decisions
The Privacy Commissioner must complete the review.
freedom-of-information-amendment-reform-act-2010.pdf, p.171
21 Conference convened, but not held
Determination must be made by Privacy Commissioner after conference.
22 Conference held, but determination not made, by Privacy
freedom-of-information-amendment-reform-act-2010.pdf, p.175
Notes to the Freedom of Information Amendment (Reform) Act 2010
22 Sept 2012
Conditional commencement of records for Information Commissioner
23 Records etc. of Office of the Privacy Commissioner
Continues to apply previous section's provisions for conduct engaged before commencement day.
24 Disclosure of private information
Failure to appear before or give information to the Privacy Commissioner is prohibited if a provision of the Privacy Act 1988 applied to the person before the commencement day.
25 Failure to appear before, or give information to, the
Conduct on and after commencement day is related to conduct before commencement day by temporal relation.
Temporal relation between conduct before and after commencement day.
Section 65 or 66 of the Privacy Act 1988 applied before commencement day.
Conduct on and after commencement day is classified as prohibited by CogAI.
Classification of conduct as prohibited by CogAI.
Obligation to appear or provide information on and after commencement day.
Prohibition of failure to appear or provide information.
Obligation to appear or provide information on and after commencement day is diffused to all persons.
Diffusion of obligation to appear or provide information.
Conduct on and after commencement day is part of recurring trace of conduct before commencement day.
Recurring trace of conduct before and after commencement day.
Delegations under section 99 of the Privacy Act 1988 continue to have effect under new law.
26 Saving of existing delegations
Delegation under section 99 continues to have effect as if it were a delegation under section 25 on and after the commencement day.
Temporal relationship between delegations
Delegation under section 99 continues to have effect on and after the commencement day.
Conditional relationship between delegations
Delegation under section 99 continues to have effect as if it were a delegation under section 25.
Delegation under section 99 continues to have effect if it were a delegation under section 25.
Delegation under section 99 does not continue to have effect after the commencement day.
Delegation under section 99 continues to have effect until the commencement day.
Regulations may be prescribed by Governor-General
27 Regulations
Governor-General has permission to prescribe regulations
Commences on the day after the end of a 6-month period following the commencement of section 3 of the Australian Information Commissioner Act 2010.
3 Section 3
freedom-of-information-amendment-reform-act-2010.pdf, p.7
Amendment and repeal of Acts specified in a Schedule
3 Schedule(s)
Existing agreements apply after employee transfer
3 Staff
Specifies a temporal relationship between two intervals.
6 months beginning on the day section 3 of the Australian Information Commissioner Act 2010 commences.
Conditional commencement based on the commencement of another provision.
Section 3 of the Australian Information Commissioner Act 2010 commences.
Conditional commencement based on another provision.
31 May 2010
4 Section 4
4 Freedom of Information Amendment (Reform) Act 2010
Consultant engagement transferred to Information Commissioner
4 Consultants
Commences on the day after the end of a 6-month period, unless section 3 of the Australian Information Commissioner Act 2010 does not commence.
5 Section 5
freedom-of-information-amendment-reform-act-2010.pdf, p.163
Things done by Privacy Commissioner before commencement day are taken to have been done by Information Commissioner.
5 Things done by, or in relation to, Privacy Commissioner
Obligation to take actions from Privacy Commissioner to Information Commissioner
Same purpose for actions done by Privacy Commissioner and Information Commissioner
The provision(s) commence within a temporal interval of at least 6 months from the commencement of section 3 of the Australian Information Commissioner Act 2010.
The provision(s) commence on the day after the end of a 6-month period.
There is an obligation to commence the provision(s) on the day after the end of a 6-month period, unless section 3 of the Australian Information Commissioner Act 2010 does not commence.
There is a prohibition on commencing the provision(s) unless section 3 of the Australian Information Commissioner Act 2010 commences.
Section 3 of the Australian Information Commissioner Act 2010 does not commence.
The provision(s) have a recurring trace that starts on the day after the end of a 6-month period.
6 Section 6
Continuation of consultation by Information Commissioner after commencement day.
6 Consultations by, and with, Privacy Commissioner
Schedules 4 to commence immediately after section 3 of the Australian Information Commissioner Act 2010.
7 Section 7
Commissioner must seek views before making a decision.
7 Comments sought, but not received, by Privacy
Imposes an obligation on the commencement of section 3.
Approval sought from Privacy Commissioner before commencement day.
8 Approval sought from, but not given by, Privacy
The Information Commissioner must give approval in accordance with the provision.
Obligation to seek approval from Privacy Commissioner.
The approval of the Privacy Commissioner was sought under a provision of an Act.
Commissioner must implement decision made before commencement day.
9 Decisions made, but not implemented, by Privacy
Decision includes forming a view or being satisfied of a matter
An Act to amend the law relating to access to information, and for related purposes
Freedom of Information Amendment (Reform) Act 2010