Annual Report 2004-05

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 and its functions can be found in Chapter One.

Information about how to obtain access to documents held by Defence is set out on the next page. The remainder of the information that is required to be published in accordance with the Act, and advice on less formal avenues for gaining access to information from Defence, is available at http://www.defence.gov.au/legal/.

The table below shows the number of freedom of information requests received and completed or otherwise dealt with in 2004-05. The figures refer to requests for access to documents under Section 15 of the Act.

Notes

1. In addition to this figure, 52 requests were outstanding from 2002-03.
2. As at 30 June 2004.
3. As at 30 June 2005.

The Department also received 14 requests under Part V of the Act for amendment or annotation of records of personal information (ten in the previous year). Applications for internal review numbered 18 (11 in the previous year) and six applications were made to the Administrative Appeals Tribunal for review of Freedom of Information decisions (five in the previous year).

In addition to formal freedom of information requests, the Freedom of Information Directorate responded to 1,016 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. The time limit continues to be a challenge for Defence, in part, because of 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 58 per cent of total requests in 2004-05.

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 2004-05, 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.

Sections:

• Freedom of Information Procedures and Contact Points |
• Authorised Freedom of Information Decision Makers |
• Decision Making and Other Powers Affecting Members of the Public |
• Arrangements for Outside Participation |
• Categories of Documents Maintained |