Freedom of Information Act 1982

PART VIII - MISCELLANEOUS

Division 2 - General

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SECTION 93 Agencies to provide information to Information Commissioner

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93(1)
This section applies to:

(a) an agency, in relation to documents of the agency; and

(b) each Minister, in relation to his or her official documents.

93(2)

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The agency or Minister must give to the Information Commissioner the information that the Information Commissioner requires to prepare reports mentioned in section 30 of the Australian Information Commissioner Act 2009 .

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93(3)
The agency or Minister must comply with any requirements prescribed by the regulations regarding:

(a) the giving of the information; and

(b) the keeping of records for the purposes of this section.

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History

S 93 substituted by No 51 of 2010, s 3 and Sch 4 item 57, applicable in relation to requests for access made under section 15 of the Freedom of Information 1982 that are received at or after 1 November 2010; and applications under section 48 of that Act that are received at or after 1 November 2010. S 93 formerly read:

SECTION 93 Reports to Parliament
93(1)
The Minister shall:

(a) as soon as practicable after 30 June in each year (but, in respect of 30 June 1985 or any subsequent 30 June, not later than 31 October next following that 30 June) prepare a report on the operation of this Act during the year that ended on that 30 June; and

(b) cause that report to be laid before each House of the Parliament within 15 sitting days of that House after the preparation of that report is completed.

93(2)
Each agency shall, in relation to the agency, and each Minister shall, in relation to his or her official documents, furnish to the Minister administering this Act such information as he or she requires for the purposes of the preparation of reports under this section and shall comply with any prescribed requirements concerning the furnishing of that information and the keeping of records for the purposes of this section.

93(3)
Without limiting the generality of subsection (1) or the kinds of information which an agency or a Minister might be required, in pursuance of subsection (2), to furnish to the Minister administering this Act, a report of the Minister administering this Act shall set out:

(a) particulars of the operations of each agency and Minister under this Act during the year to which the report relates, including, in relation to each agency and Minister:

(i) the number of requests under section 15 for access to documents received during the year;

(ii) the number of requests received at any time in respect of which during the year:

(A) access other than partial access was granted to the document or all of the documents to which the request related;

(B) access was refused to the document or all of the documents to which the request related; or

(C) partial access was granted;

(iii) the number of applications made during the year for the review of decisions under section 54 and particulars of the results of such reviews;

(iv) the number of applications made during the year to the Tribunal for the review of decisions and particulars of the results of such reviews;

(v) particulars of the total charges and application fees collected during the year in dealing with requests and other applications whenever received; and

(vi) the number of requests received during the year to amend records under section 48 and particulars of the results of such requests;

(b) an identification of the guidelines, if any, issued during the year to which the report relates by the Minister administering this Act, or by the Department administered by that Minister, in relation to the manner in which agencies should comply with their obligations under this Act; and

(c) a description of any other efforts by the Department referred to in paragraph (b) to assist agencies to comply with their obligations under this Act.

93(3A)
For the purposes of subparagraph (3)(a)(ii), partial access shall be taken to have been granted in respect of a request if either or both of the following conditions are satisfied in relation to the request:

(a) access was granted to a copy of the document or of any of the documents to which the request related with deletions;

(b) the request related to 2 or more documents and access was refused to any one or more of the documents.

93(4)
The first report by the Minister under subsection (1) shall include particulars of the extent to which the responsible Minister of each agency, and each agency, has, respectively, complied with sections 8 and 9 of this Act.

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