Annual Report 2003-04

Freedom of Information

Section 8 of the Freedom of Information Act 1982 (the Act) requires each Australian Government agency that is subject to the Act to publish information about the way it is organised, its functions, the decision making and other powers that affect the public, arrangements for public participation in the formulation of policy by the agency or in the administration by the agency of any enactment or scheme, and the categories of documents that are held by the agency and how the public can obtain access to them.

Information about the structure of Defence, the Department's functions and those of its constituent elements can be found in Chapter One of this report. The remainder of the information that is required to be published in accordance with Section 8 of the Act is set out below.

In addition to the Act, other, less formal avenues exist for gaining access to information from Defence. Examples of information available from Defence are included later in this section. Contact points for inquiries are located in all states and territories and can be found in current telephone directories under entries for the Department of Defence.

The table below shows the numbers of freedom of information requests received and completed or otherwise dealt with in 2003-04. Figures for the preceding year are provided for comparison. The figures refer to requests, under Section 15 of the Act, for access to documents.

Notes

1. In addition to this figure, 44 requests were outstanding from 2001-02.
2. As at 30 June 2003.
3. As at 30 June 2004.

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The Department also received ten requests under Part V of the Act for amendment or annotation of records of personal information (six in the previous year). Applications for internal review numbered 11 (ten in the previous year) and five applications were made to the Administrative Appeals Tribunal for review of freedom of information decisions (three in the previous year).

In addition to formal freedom of information requests, the Freedom of Information Directorate responded to 1,062 inquiries that did not fall for consideration under the Act, including requests for access to personnel records that were re-directed for administration outside the Act, in accordance with Section 15A of the Act. Section 15A provides for access to be given in such cases, outside the provisions of the Act, through established administrative channels.

The second table, below, indicates the Department's performance in meeting the 30-day statutory time limit for responding to requests for access to documents. While meeting the time limit continues to be a difficult challenge for Defence, the results for 2003-04 show an improvement over the preceding year. Part of the explanation of the difficulty in meeting the time limit is the relatively high proportion of requests involving 'complex', or policy-related, matters. Such requests, which may involve complex issues and large numbers of documents for consideration by decision makers, represented 60 per cent of total requests.

Note

1. The 30-day deadline may be extended by 30 days to allow for consultation with third parties.

Further information about Defence's dealings with freedom of information requests in 2003-04, including information about costs incurred, will be published in the freedom of information annual report that the Attorney-General is required to make to Parliament in accordance with Section 93 of the Act.

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Freedom of Information Procedures and Contact Points

A request for access to documents under the Act must be made in writing and provide sufficient information concerning the documents to enable a responsible officer in Defence to identify them. The request has to be accompanied by a $30 application fee and should include a telephone number and a return address at which the applicant can be contacted. In some cases, a fee may not be required or may be remitted by the department. Requests may be sent by post or delivered to an officer of the department at the address of the central office (in Canberra, see below), or any regional office of the department specified in a current telephone directory. The following address is preferable:

Freedom of Information Directorate
Defence Legal
RG Casey Building (RGC-2-058)
Department of Defence
CANBERRA ACT 2600

Advice about making a request under the Freedom of Information Act 1982 may be obtained by telephoning the directorate on (02) 6266 8860 or (02) 6266 8855, by facsimile on (02) 6266 8857 or by email to FOI.enquiries@defence.gov.au. Applicants seeking access to documents may be liable to pay charges at rates prescribed by the Freedom of Information (Fees and Charges) Regulations.

Authorised Freedom of Information Decision Makers

The authority to disclose documents or to refuse requests for access to documents is held widely throughout Defence at Director level (Executive Level 2 and Colonel or equivalent rank) and above.

Authority to make decisions of other kinds under the freedom of information legislation, for example, the power to impose charges on applicants, has also been delegated to appropriate officers. Details can be obtained from the Freedom of Information Directorate, see address and contact numbers above.

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