Australia

Name of law: Freedom of Information Act
First adopted: 1982
Last modified: 2019-03
RTI Rating last updated: n/a

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Introduction

Australia's right to information law is problematic on several fronts. While everyone has the right to file requests, the law only applies to a limited set of public authorities. The law excludes Governor General and the legislature, and only applies to the judiciary in a limited way. Several other agencies are excluded, including intelligence agencies and defence agencies, the Auditor General, the Government Solicitor, the National Workplace Relations Consultative Council, and the Aboriginal Land Councils and Land Trusts. The Act also has several exceptions which are not harm tested, provides for a very weak public interest override and allows other legislation to add to the regime of exceptions.

Local Expert: Johan Lidberg

id	Section	Points	Max score
1	Right of Access	2	6
2	Scope	11	30
3	Requesting Procedures	22	30
4	Exceptions & Refusal	15	30
5	Appeals	23	30
6	Sanctions & Protections	4	8
7	Promotional Measures	10	16
		∑ = 87	∑ = 150

Section	I	Description	Scoring instructions	Max score	Findings	Points	Article	Comments
1. Right of Access	1	The legal framework (including jurisprudence) recognises a fundamental right of access to information.	Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.	2	NO	0	N/A	Not in the constitution. Link to the Constitution of Australia (English version)
1. Right of Access	2	The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions.	No=0, Partially=1, Yes=2	2	NO	0	N/A	Not mentioned
1. Right of Access	3	The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information.	One point for each characteristic.	2	YES	2	3 Objects—general (1) The objects of this Act are to give the Australian community access to information held by the Government of the Commonwealth, by: (a) requiring agencies to publish the information; and (b) providing for a right of access to documents. (2) The Parliament intends, by these objects, to promote Australia’s representative democracy by contributing towards the following: (a) increasing public participation in Government processes, with a view to promoting better‑informed decision‑making; (b) increasing scrutiny, discussion, comment and review of the Government’s activities. (3) The Parliament also intends, by these objects, to increase recognition that information held by the Government is to be managed for public purposes, and is a national resource. (4) The Parliament also intends that functions and powers given by this Act are to be performed and exercised, as far as possible, to facilitate and promote public access to information, promptly and at the lowest reasonable cost.	1 - s. 3(4) 1 - s. 3(3)
2. Scope	4	Everyone (including non-citizens and legal entities) has the right to file requests for information.	Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons.	2	YES	2	11 Right of access (1) Subject to this Act, every person has a legally enforceable right to obtain access in accordance with this Act to: (a) a document of an agency, other than an exempt document; or (b) an official document of a Minister, other than an exempt document.	S. 11 - every person - no mention of legal persons, but the interpretation guide expands the right to legal persons.
2. Scope	5	The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it.	Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions.	4	Partially	3	4 Interpretation (1) In this Act, unless the contrary intention appears: ...Cabinet notebook means a notebook or other like record that contains notes of discussions or deliberations taking place in a meeting of the Cabinet, if the notes were made in the course of those discussions or deliberations by, or under the authority of, the Secretary to the Cabinet. ...document includes: (a) any of, or any part of any of, the following things: (i) any paper or other material on which there is writing; (ii) a map, plan, drawing or photograph; (iii) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; (iv) any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device; (v) any article on which information has been stored or recorded, either mechanically or electronically; (vi) any other record of information; or (b) any copy, reproduction or duplicate of such a thing; or (c) any part of such a copy, reproduction or duplicate; but does not include: (d) material maintained for reference purposes that is otherwise publicly available; or (e) Cabinet notebooks. ...document of an agency: a document is a document of an agency if: (a) the document is in the possession of the agency, whether created in the agency or received in the agency; or (b) in order to comply with section 6C, the agency has taken contractual measures to ensure that it receives the document. ...exempt document means: (a) a document that is exempt for the purposes of Part IV (exempt documents) (see section 31B); or (b) a document in respect of which, by virtue of section 7, an agency, person or body is exempt from the operation of this Act; or (c) an official document of a Minister that contains some matter that does not relate to the affairs of an agency or of a Department of State. ...official document of a Minister or official document of the Minister means a document that is in the possession of a Minister, or that is in the possession of the Minister concerned, as the case requires, in his or her capacity as a Minister, being a document that relates to the affairs of an agency or of a Department of State and, for the purposes of this definition, a Minister shall be deemed to be in possession of a document that has passed from his or her possession if he or she is entitled to access to the document and the document is not a document of an agency.	S. 4(1) definition of "document" includes pretty much everything, but the blanket exemptions under s. 7(2A), (2C) and (2E) for documents held by agencies which are not exempt but which originated from agencies that are exempt costs them a point. Otherwise the scope is very broad - as confirmed by the case history cited in the information guide.
2. Scope	6	Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents).	Score 1 point for only documents, 1 point for information.	2	Partially	1	4 Interpretation (1) In this Act, unless the contrary intention appears: ...document includes: (a) any of, or any part of any of, the following things: (i) any paper or other material on which there is writing; (ii) a map, plan, drawing or photograph; (iii) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; (iv) any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device; (v) any article on which information has been stored or recorded, either mechanically or electronically; (vi) any other record of information; or (b) any copy, reproduction or duplicate of such a thing; or (c) any part of such a copy, reproduction or duplicate; but does not include: (d) library material maintained for reference purposes; or (e) Cabinet notebooks. document of an agency or document of the agency means a document in the possession of an agency, or in the possession of the agency concerned, as the case requires, whether created in the agency or received in the agency. edited copy, in relation to a document, means a copy of the document from which deletions have been made under section 22.	S. 4 definition seems to suggest this. The interpretation guide, in 3.34 specifies only the right to access documents.
2. Scope	7	The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above.	Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc).	8	Partially	4	6A. Official Secretary to the Governor‑General (1) This Act does not apply to any request for access to a document of the Official Secretary to the Governor‑General unless the document relates to matters of an administrative nature. (2) For the purposes of this Act, a document in the possession of a person employed under section 13 of the Governor‑General Act 1974 that is in his or her possession by reason of his or her employment under that section shall be taken to be in the possession of the Official Secretary to the Governor‑General. 7. Exemption of certain persons and bodies (1) The bodies specified in Division 1 of Part I of Schedule 2, and a person holding and performing the duties of an office specified in that Division, are to be deemed not to be prescribed authorities for the purposes of this Act. ...(2) The persons, bodies and Departments specified in Part II of Schedule 2 are exempt from the operation of this Act in relation to the documents referred to in that Schedule in relation to them. Schedule 2 Part I—Exempt agencies Division 1 Aboriginal Land Councils and Land Trusts Auditor‑General Australian Secret Intelligence Service Australian Security Intelligence Organisation Australian Signals Directorate Inspector‑General of Intelligence and Security National Workplace Relations Consultative Council Office of National Intelligence Parliamentary Budget Office Parliamentary Budget Officer Schedule 2 Part I—Exempt agencies Division 2 Australian Geospatial‑Intelligence Organisation Defence Intelligence Organisation 13. Documents in certain institutions (1) A document shall not be deemed to be a document of an agency for the purposes of this Act by reason of its being(...) d) in the care (within the meaning of the Archives Act 1983) of the National Archives of Australia (otherwise than as a document relating to the administration of the National Archives of Australia)(...)	Applies to the PM and Cabinet and bodies created by law or order of the ministries. Does not apply to state governments - but this does not cost a point as it is a result of Australia's federal structure. 6A - does not apply to the governor general (head of state). 13(d) - does not apply to the archives - though there is separate legislation governing this, so keeps the point. Per Schedule 2, does not apply to intelligence agencies or defence agencies, the Auditor General, the Government Solicitor, National Workplace Relations Consultative Council, and the Aboriginal Land Councils and Land Trusts.
2. Scope	8	The right of access applies to the legislature, including both administrative and other information, with no bodies excluded.	Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government	4	NO	0	4 Interpretation (1) In this Act, unless the contrary intention appears: ...prescribed authority means: (a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment or an Order‑in‑Council, other than: (i) an incorporated company or association; or (ii) a body that, under subsection (2), is not to be taken to be a prescribed authority for the purposes of this Act; or (iii) the Australian Capital Territory House of Assembly; or (iv) the Legislative Assembly of the Northern Territory or the Executive Council of the Northern Territory; or (vi) a Royal Commission; or (vii) a Commission of inquiry; or (aa) NBN Co; or (b) any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being: (i) a body established by the Governor‑General or by a Minister; or (ii) an incorporated company or association over which the Commonwealth is in a position to exercise control; or (c) subject to subsection (3), the person holding, or performing the duties of, an office established by an enactment or an Order‑in‑Council; or (d) the person holding, or performing the duties of, an appointment declared by the regulations to be an appointment the holder of which is a prescribed authority for the purposes of this Act, being an appointment made by the Governor‑General, or by a Minister, otherwise than under an enactment or an Order‑in‑Council . Parliamentary Service Act 1999: 68A. Departments and office holders not prescribed authorities for Freedom of Information Act purposes. None of the following is a prescribed authority for the purposes of the Freedom of Information Act 1982: (a) a Department of the Parliament that is established under this Act; (b) a person who holds, or performs the duties of, an office established under this Act.	S. 68A of the Parliamentary Service Act 1999 exempts Parliamentary departments and legislative workers, including the Department of the Senate, the Department of the House of Representatives, and the Parliamentary Budget Office. Parliament and state legislatures, as well as individual MP's, also appear to be outside the FOI Act's definition of "prescribed authority" in s. 4(1).
2. Scope	9	The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded.	Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government	4	Partially	1	5 Act to apply to courts in respect of administrative matters (1) For the purposes of this Act: (a) a court... shall be deemed to be a prescribed authority; (b) the holder of a judicial office... or other office pertaining to a court... in his or her capacity as the holder of that office, being an office established by the legislation establishing the court, shall be deemed not to be a prescribed authority and shall not be included in a Department; and (c) a registry or other office of a court (other than a court of Norfolk Island), and the staff of such a registry or other office when acting in a capacity as members of that staff, shall be taken as a part of the court; but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature.	S. 5 - only to administrative documents, and with an additional exemption for holders of judicial office.
2. Scope	10	The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State).	Score 1 point if some, 2 points if all	2	NO	0	4 Interpretation (1) In this Act, unless the contrary intention appears: ...prescribed authority means: (a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment or an Order‑in‑Council, other than: (i) an incorporated company or association; or (ii) a body that, under subsection (2), is not to be taken to be a prescribed authority for the purposes of this Act; or (iii) the Australian Capital Territory House of Assembly; or (iv) the Legislative Assembly of the Northern Territory or the Executive Council of the Northern Territory; or (vi) a Royal Commission; or (vii) a Commission of inquiry; or (aa) NBN Co; or (b) any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being: (i) a body established by the Governor‑General or by a Minister; or (ii) an incorporated company or association over which the Commonwealth is in a position to exercise control; or (c) subject to subsection (3), the person holding, or performing the duties of, an office established by an enactment or an Order‑in‑Council; or (d) the person holding, or performing the duties of, an appointment declared by the regulations to be an appointment the holder of which is a prescribed authority for the purposes of this Act, being an appointment made by the Governor‑General, or by a Minister, otherwise than under an enactment or an Order‑in‑Council	These agencies can be made subject to the act through regulation, but are not mandated to be covered.
2. Scope	11	The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er).	Score 1 point if some bodies, 2 points if all	2	NO	0	N/A	There is a patchwork of clauses relating to various tribunals, agencies and commissions, most of which are only subject to the law if included by regulation. The regime is far too convoluted and riddled with exceptions to merit a point here.
2. Scope	12	The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding.	1 point for public functions, 1 point for public funding	2	NO	0	4 Interpretation (1) In this Act, unless the contrary intention appears: ...prescribed authority means: (a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment or an Order‑in‑Council, other than: (i) an incorporated company or association; or (ii) a body that, under subsection (2), is not to be taken to be a prescribed authority for the purposes of this Act; or (iii) the Australian Capital Territory House of Assembly; or (iv) the Legislative Assembly of the Northern Territory or the Executive Council of the Northern Territory; or (vi) a Royal Commission; or (vii) a Commission of inquiry; or (aa) NBN Co; or (b) any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being: (i) a body established by the Governor‑General or by a Minister; or (ii) an incorporated company or association over which the Commonwealth is in a position to exercise control; or (c) subject to subsection (3), the person holding, or performing the duties of, an office established by an enactment or an Order‑in‑Council; or (d) the person holding, or performing the duties of, an appointment declared by the regulations to be an appointment the holder of which is a prescribed authority for the purposes of this Act, being an appointment made by the Governor‑General, or by a Minister, otherwise than under an enactment or an Order‑in‑Council	These agencies can be made subject to the act through regulation, but are not mandated to be covered.
3. Requesting Procedures	13	Requesters are not required to provide reasons for their requests.	Y/N answer 0 or 2 points	2	NO	2	11(2) Subject to this Act, a persons right of access is not affected by: (a) any reasons the person gives for seeking access; or (b) the agency's or Minister's belief as to what are his or her reasons for seeking access.
3. Requesting Procedures	14	Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery).	Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc.	2	Partially	1	15 Requests for access (2) The request must: (a) be in writing; and (aa) state that the request is an application for the purposes of this Act; and (b) provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency, or the Minister, to identify it; and (c) give details of how notices under this Act may be sent to the applicant (for example, by providing an electronic address to which notices may be sent by electronic communication).	15(2)(aa) - Requirement to cite the Act.
3. Requesting Procedures	15	There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law.	Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought.	2	Partially	1	15 Requests for access (2) The request must: (a) be in writing; and (aa) state that the request is an application for the purposes of this Act; and (b) provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency, or the Minister, to identify it; and (c) give details of how notices under this Act may be sent to the applicant (for example, by providing an electronic address to which notices may be sent by electronic communication). 15 (2A) The request must be sent to the agency or Minister. The request may be sent in any of the following ways: (a) delivery to an officer of the agency, or a member of the staff of the Minister, at the address of any central or regional office of the agency or Minister specified in a current telephone directory; (b) postage by pre‑paid post to an address mentioned in paragraph (a); (c) sending by electronic communication to an electronic address specified by the agency or Minister.	15(2)(a) - requests must be in writing, but 15(2A) provides a relatively clear and simple procedure. However, 15(2)(aa) requires applicants to cite the Act.
3. Requesting Procedures	16	Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification.	Score 1 point for help in formulation and 1 point for clarification procedures	2	YES	2	15 (3) Where a person: (a) wishes to make a request to an agency; or (b) has made to an agency a request that does not comply with this section; it is the duty of the agency to take reasonable steps to assist the person to make the request in a manner that complies with this section.
3. Requesting Procedures	17	Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled.	Score Yes=2 point, No=0	2	YES	2	15 (3) Where a person: (a) wishes to make a request to an agency; or (b) has made to an agency a request that does not comply with this section; it is the duty of the agency to take reasonable steps to assist the person to make the request in a manner that complies with this section.	15(3) general duty to assist seems to cover this, when read in the context of Australia's Disability Discrimination Act
3. Requesting Procedures	18	Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days.	Score 1 point for receipt, 1 point for max 5 working days	2	NO	0	15 Requests for access (5) On receiving a request, the agency or Minister must: (a) as soon as practicable but in any case not later than 14 days after the day on which the request is received by or on behalf of the agency or Minister, take all reasonable steps to enable the applicant to be notified that the request has been received	No - only requirement is mere "notification" within 14 days.
3. Requesting Procedures	19	Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held.	Score: 1 point for information not held, 1 for referrals or 2 for transfers	2	Partially	1	15 (4) Where a person has directed to an agency a request that should have been directed to another agency or to a Minister, it is the duty of the first-mentioned agency to take reasonable steps to assist the person to direct the request to the appropriate agency or Minister. 16 Transfer of requests (1) Where a request is made to an agency for access to a document and: (a) the document is not in the possession of that agency but is, to the knowledge of that agency, in the possession of another agency; or b) the subject-matter of the document is more closely connected with the functions of another agency than with those of the agency to which the request is made; the agency to which the request is made may, with the agreement of the other agency, transfer the request to the other agency. (2) Where a request is made to an agency for access to a document that: (a) originated with, or has been received from, a body which, or person who, is specified in Part I of Schedule 2; and (b) is more closely connected with the functions of that body or person than with those of the agency to which the request is made; the request shall be transferred: (c) to the Department corresponding to the Department of State administered by the Minister who administers the enactment by or under which the body or person is established, continued in existence or appointed; or (d) if the request relates to a document that originated with, or has been received from, a part of the Department of Defence specified in Division 2 of Part I of Schedule 2 to that Department. (3) Where a request is made to an agency for access to a document that: (a) originated in, or has been received from, another agency, being an agency specified in Part II of Schedule 2 or an agency that is a body corporate established by or under an Act specified in Part III of Schedule 2; and (b) is more closely connected with the functions of the other agency in relation to documents in respect of which the other agency is exempt from the operation of this Act than with the functions of the agency to which the request is made; the agency to which the request is made shall transfer the request to the other agency. (...)	S. 15(4) - requirement to refer. S. 16 mentions transfers, but allows them where info is more closely related to another organization, and transfers are not mandatory where the agency doesn't have the info. Transfers under 16(1) also require the agreement of the other agency.
3. Requesting Procedures	20	Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record).	Score: 2 points for Yes, only 1 point if some limitations	2	YES	2	20 Forms of access (1) Access to a document may be given to a person in one or more of the following forms: (a) a reasonable opportunity to inspect the document; (b) provision by the agency or Minister of a copy of the document; (c) in the case of a document that is an article or thing from which sounds or visual images are capable of being reproduced, the making of arrangements for the person to hear or view those sounds or visual images; (d) in the case of a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form, provision by the agency or Minister of a written transcript of the words recorded or contained in the document. (2) Subject to subsection (3) and to section 22, where the applicant has requested access in a particular form, access shall be given in that form. (3) If the giving of access in the form requested by the applicant: (a) would interfere unreasonably with the operations of the agency, or the performance by the Minister of his or her functions, as the case may be; (b) would be detrimental to the preservation of the document or, having regard to the physical nature of the document, would not be appropriate; or (c) would, but for this Act, involve an infringement of copyright (other than copyright owned by the Commonwealth, an agency or a State) subsisting in matter contained in the document, being matter that does not relate to the affairs of an agency or of a Department of State; access in that form may be refused and access given in another form. (4) Subject to subsection 17(1), where a person requests access to a document in a particular form and, for a reason specified in subsection (3), access in that form is refused but access is given in another form, the applicant shall not be required to pay a charge in respect of the provision of access to the document that is greater than the charge that he or she would have been required to pay if access had been given in the form requested.
3. Requesting Procedures	21	Public authorities are required to respond to requests as soon as possible.	Score: No=0, Yes=2 points	2	YES	2	15 Requests for access (5) On receiving a request, the agency or Minister must: ...b) as soon as practicable (...) take all reasonable steps to enable the applicant to be notified of a decision on the request (including a decision under section 21 to defer the provision of access to a document).
3. Requesting Procedures	22	There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication).	Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less.	2	Partially	1	15 Requests for access (5) On receiving a request, the agency or Minister must: ... b) as soon as practicable but in any case not later than the end of the period of 30 days after the day on which the request is received by or on behalf of the agency or Minister, take all reasonable steps to enable the applicant to be notified of a decision on the request (including a decision under section 21 to defer the provision of access to a document).	15(5)(b) - 30 days, assumed to be calendar, but the time limit relates only to a decision on access, not to access itself, which is not very clear.
3. Requesting Procedures	23	There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension.	-	2	YES	2	15(6) Where, in relation to a request, the agency or Minister determines in writing that the requirements of section 26A, 27 or 27A make it appropriate to extend the period referred to in paragraph (5)(b): (a) the period is to be taken to be extended by a further period of 30 days; and (b) the agency or Minister must, as soon as practicable, inform the applicant that the period has been so extended.	The requirements that the extension be no more than 30 days and must be communicated to the applicant are also present for timeline extensions under ss. 15(7), 15AA, 15AB, etc.
3. Requesting Procedures	24	It is free to file requests.	Score: No=0, Yes=2 points	2	YES	2	N/A	No application fees anymore.
3. Requesting Procedures	25	There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free.	Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional	2	NO	0	Freedom of Information (Charges) Regulations 2019 Reg. 6 Charges Subject to this Part, for the purposes of section 94 of the Act: ... (b) the charges set out in Part 2 of Schedule 1 apply in respect of the provision of access to a document of an agency or an official document of a Minister. Reg. 8 If an applicant requests access to a document of an agency or an official document of a Minister, the relevant agency or relevant Minister may make either or both of the following decisions: ... (b) a decision that the applicant is liable to pay a charge in respect of the provision of access to the document.	Schedule 1 to the Regulations lists the charges applicable in respect of the provision of access to a document. Most Items are marked "an amount not exceeding the actual costs incurred by the relevant agency or relevant Minister." However, there is no guarantee of free pages, Items 3 and 8 list an explicit per-page cost, and Items 1 and 2 list a charge for supervised access. Nonetheless, fees are optional under Reg. 8.
3. Requesting Procedures	26	There are fee waivers for impecunious requesters.	-	2	YES	2	29 Charges (5) Without limiting the matters the agency or Minister may take into account in determining whether or not to reduce or not to impose the charge, the agency or Minister must take into account: (a) whether the payment of the charge, or part of it, would cause financial hardship to the applicant, or to a person on whose behalf the application was made; and (b) whether the giving of access to the document in question is in the general public interest or in the interest of a substantial section of the public. Reg. 8 If an applicant requests access to a document of an agency or an official document of a Minister, the relevant agency or relevant Minister may make either or both of the following decisions: (a) a decision that the applicant is liable to pay a charge in respect of the request for access to the document (b) a decision that the applicant is liable to pay a charge in respect of the provision of access to the document.	S. 29(5). Also, Reg. 8 states that charging fees is discretionary.
3. Requesting Procedures	27	There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information.	Score: No=0, Yes=2 points	2	YES	2	20 Forms of access (3) If the giving of access in the form requested by the applicant: ... (c) would, but for this Act, involve an infringement of copyright (other than copyright owned by the Commonwealth, an agency or a State) subsisting in matter contained in the document, being matter that does not relate to the affairs of an agency or of a Department of State; access in that form may be refused and access given in another form.	Theoretically, s. 20(3)(c) could allow an agency to provide the information in a form where reuse is inconvenient or impossible. However, s. 20(3)(c) only applies to private copyright; state copyright is explicitly excluded as a consideration when deciding whether to deliver the information in the requested form. No other limitations mentioned.
4. Exceptions & Refusal	28	The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict.	Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points.	4	NO	0	38 Documents to which secrecy provisions of enactments apply (1) Subject to subsection (1A), a document is an exempt document if: (a) disclosure of the document, or information contained in the document, is prohibited under a provision of an enactment; and (b) either: (i) that provision is specified in Schedule 3; or (ii) this section is expressly applied to the document, or information, by that provision, or by another provision of that or any other enactment. (1A) A person’s right of access to a document under section 11 or 22 is not affected merely because the document is an exempt document under subsection (1) of this section if disclosure of the document, or information contained in the document, to that person is not prohibited by the enactment concerned or any other enactment. (...)	Schedule 3 contains a list of other laws which apply.
4. Exceptions & Refusal	29	The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities.	Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed	10	YES	7	4 Interpretation (1) ...Cabinet notebook means a notebook or other like record that contains notes of discussions or deliberations taking place in a meeting of the Cabinet or of a committee of the Cabinet, being notes made in the course of those discussions or deliberations by, or under the authority of, the Secretary to the Cabinet. Document includes: (...) but does not include: (d) library material maintained for reference purposes; or (e) Cabinet notebooks. 21 Deferment of access (1) An agency which, or a Minister who, receives a request may defer the provision of access to the document concerned: (a) if the publication of the document concerned is required by law of until the expiration of the period within which the document is required to be published; (b) if the document concerned has been prepared for presentation to Parliament or for the purpose of being made available to a particular person or body or with the intention that it should be so made available until the expiration of a reasonable period after its preparation for it to be so presented or made available; (c) if the premature release of the document concerned would be contrary to the public interest until the occurrence of any event after which or the expiration of any period of time beyond which the release of the document would not be contrary to the public interest; or (d) if a Minister considers that the document concerned is of such general public interest that the Parliament should be informed of the contents of the document before the document is otherwise made public until the expiration of 5 sitting days of either House of the Parliament. (2) Where the provision of access to a document is deferred in accordance with subsection (1), the agency or Minister shall, in informing the applicant of the reasons for the decision, indicate, as far as practicable, the period for which the deferment will operate. &nbsp; 47C Public interest conditional exemptions—deliberative processes (1) A document is conditionally exempt if its disclosure under this Act would disclose matter (deliberative matter) in the nature of, or relating to, opinion, advice or recommendation obtained, prepared or recorded, or consultation or deliberation that has taken place, in the course of, or for the purposes of, the deliberative processes involved in the functions of: (a) an agency; or (b) a Minister; or (c) the Government of the Commonwealth. (2) Deliberative matter does not include either of the following: (a) operational information (see section 8A); (b) purely factual material. (3) This section does not apply to any of the following: (a) reports (including reports concerning the results of studies, surveys or tests) of scientific or technical experts, whether employed within an agency or not, including reports expressing the opinions of such experts on scientific or technical matters; (b) reports of a body or organisation, prescribed by the regulations, that is established within an agency; (c) the record of, or a formal statement of the reasons for, a final decision given in the exercise of a power or of an adjudicative function.	S. 4(1) excludes Cabinet notebooks entirely - this is overly broad. S. 21 deferments are overly broad - with no time limit, and fuzzy justification requirements. S. 47C - deliberative process documents - overly broad (also not harm tested).
4. Exceptions & Refusal	30	A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused.	Score 4 points and then deduct 1 point for each exception which is not subject to the harm test	4	NO	1	34 Cabinet documents (1) A document is an exempt document if: (a) both of the following are satisfied: (i) it has been submitted to the Cabinet for its consideration, or is or was proposed by a Minister to be so submitted; (ii) it was brought into existence for the dominant purpose of submission for consideration by the Cabinet; or (b) it is an official record of the Cabinet; or (c) it was brought into existence for the dominant purpose of briefing a Minister on a document to which paragraph (a) applies; or (d) it is a draft of a document to which paragraph (a), (b) or (c) applies. (2) A document is an exempt document to the extent that it is a copy or part of, or contains an extract from, a document to which subsection (1) applies. (3) A document is an exempt document to the extent that it contains information the disclosure of which would reveal a Cabinet deliberation or decision, unless the existence of the deliberation or decision has been officially disclosed. (4) A document is not an exempt document only because it is attached to a document to which subsection (1), (2) or (3) applies. (5) A document by which a decision of the Cabinet is officially published is not an exempt document. (6) Information in a document to which subsection (1), (2) or (3) applies is not exempt matter because of this section if the information consists of purely factual material, unless: (a) the disclosure of the information would reveal a Cabinet deliberation or decision; and (b) the existence of the deliberation or decision has not been officially disclosed. 47 Documents disclosing trade secrets or commercially valuable information (1) A document is an exempt document if its disclosure under this Act would disclose: (a) trade secrets; or (b) any other information having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed. 47G Public interest conditional exemptions—business (1) A document is conditionally exempt if its disclosure under this Act would disclose information concerning a person in respect of his or her business or professional affairs or concerning the business, commercial or financial affairs of an organisation or undertaking, in a case in which the disclosure of the information: (a) would, or could reasonably be expected to, unreasonably affect that person adversely in respect of his or her lawful business or professional affairs or that organisation or undertaking in respect of its lawful business, commercial or financial affairs; or (b) could reasonably be expected to prejudice the future supply of information to the Commonwealth or an agency for the purpose of the administration of a law of the Commonwealth or of a Territory or the administration of matters administered by an agency. (...)	34 - Cabinet docs. 47(1)(a) - trade secrets. 47G - would, or could reasonably be expected to, unreasonably affect that person adversely in respect of his or her lawful business or professional affairs or that organisation or undertaking in respect of its lawful business.
4. Exceptions & Refusal	31	There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity.	Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory.	4	Partially	1	11A Access to documents on request (5) The agency or Minister must give the person access to the document if it is conditionally exempt at a particular time unless (in the circumstances) access to the document at that time would, on balance, be contrary to the public interest.	This only applies to conditionally exempt documents, i.e. documents covered by exceptions under ss. 47B through 47J.
4. Exceptions & Refusal	32	Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old.	Score 1 point for each	2	NO	0	N/A	This only applies to conditionally exempt documents.
4. Exceptions & Refusal	33	Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information.	Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals.	2	YES	2	27 Consultation—business documents (1) This section applies if: (a) a request is made to an agency or Minister for access to a document containing information (business information) covered by subsection (2) in respect of a person, organisation or undertaking; and (b) it appears to the agency or Minister that the person, organisation or proprietor of the undertaking (the person or organisation concerned) might reasonably wish to make a contention (the exemption contention) that: (i) the document is exempt under section 47 (trade secrets etc.); or (ii) the document is conditionally exempt under section 47G (business information) and access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5). (2) This subsection covers the following information: (a) in relation to a person—information about the person’s business or professional affairs; (b) in relation to an organisation or undertaking—information about the business, commercial or financial affairs of the organisation or undertaking. (3) In determining, for the purposes of paragraph (1)(b), whether the person or organisation concerned might reasonably wish to make an exemption contention because of business information in a document, the agency or Minister must have regard to the following matters: (a) the extent to which the information is well known; (b) whether the person, organisation or undertaking is known to be associated with the matters dealt with in the information; (c) the availability of the information from publicly accessible sources; (d) any other matters that the agency or Minister considers relevant. (4) The agency or Minister must not decide to give access to the document unless: (a) the person or organisation concerned is given a reasonable opportunity to make submissions in support of the exemption contention; and (b) the agency or the Minister has regard to any submissions so made. (5) However, subsection (4) only applies if it is reasonably practicable for the agency or Minister to give the person or organisation concerned a reasonable opportunity to make submissions in support of the exemption contention, having regard to all the circumstances (including the application of subsections 15(5) and (6) (time limits for processing requests)). (6) If the agency or Minister decides to give access to the document, the agency or Minister must give written notice of the decision to both of the following: (a) the person or organisation concerned; (b) the applicant. (7) However, the agency or Minister must not give the applicant access to the document unless, after all the opportunities of the person or organisation concerned for review or appeal in relation to the decision to give access to the document have run out, the decision to give access still stands, or is confirmed. (8) Subsections (6) and (7) do not apply unless the person or organisation concerned makes a submission in support of the exemption contention as allowed under paragraph (4)(a). (9) This section applies: (a) in relation to an edited copy of a document—in the same way as it applies to the document; and (b) in relation to a document containing business information—to the extent to which the document contains such information.	Similar provisions exist for documents where the affected third party is a private individual or a State of Australia: s. 27A Consultation—documents affecting personal privacy and s. 26A Consultation—documents affecting Commonwealth‑State relations etc.
4. Exceptions & Refusal	34	There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed.	Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted	2	YES	2	22 Access to edited copies with exempt or irrelevant matter deleted (1) This section applies if: (a) an agency or Minister decides: (i) to refuse to give access to an exempt document; or (ii) that to give access to a document would disclose information that would reasonably be regarded as irrelevant to the request for access; and (b) it is possible for the agency or Minister to prepare a copy (an edited copy) of the document, modified by deletions, ensuring that: (i) access to the edited copy would be required to be given under section 11A (access to documents on request); and (ii) the edited copy would not disclose any information that would reasonably be regarded as irrelevant to the request; and (c) it is reasonably practicable for the agency or Minister to prepare the edited copy, having regard to: (i) the nature and extent of the modification; and (ii) the resources available to modify the document; and (d) it is not apparent (from the request or from consultation with the applicant) that the applicant would decline access to the edited copy. (2) The agency or Minister must: (a) prepare the edited copy as mentioned in paragraph (1)(b); and (b) give the applicant access to the edited copy. (3) The agency or Minister must give the applicant notice in writing: (a) that the edited copy has been prepared; and (b) of the grounds for the deletions; and (c) if any matter deleted is exempt matter—that the matter deleted is exempt matter because of a specified provision of this Act. (4) Section 26 (reasons for decision) does not apply to the decision to refuse access to the whole document unless the applicant requests the agency or Minister to give the applicant a notice in writing in accordance with that section.
4. Exceptions & Refusal	35	When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures.	Score Y/N: 1 point for a and 1 point for b	2	YES	2	26 Reasons and other particulars of decisions to be given (1) Where, in relation to a request, a decision is made relating to a refusal to grant access to a document in accordance with the request or deferring provision of access to a document, the decision‑maker shall cause the applicant to be given notice in writing of the decision, and the notice shall: (a) state the findings on any material questions of fact, referring to the material on which those findings were based, and state the reasons for the decision; and (aa) in the case of a decision to refuse to give access to a conditionally exempt document—include in those reasons the public interest factors taken into account in making the decision; and (b) where the decision relates to a document of an agency, state the name and designation of the person giving the decision; and (c) give to the applicant appropriate information concerning: (i) his or her rights with respect to review of the decision; (ii) his or her rights to make a complaint to the Information Commissioner in relation to the decision; and (iii) the procedure for the exercise of the rights referred to in subparagraphs (i) and (ii); including (where applicable) particulars of the manner in which an application for internal review (Part VI) and IC review (Part VII) may be made. (1A) Section 13 of the Administrative Decisions (Judicial Review) Act 1977 does not apply to a decision referred to in subsection (1). (2) A notice under this section is not required to contain any matter that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document.
5. Appeals	36	The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less).	Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals.	2	Partially	1	52 Internal review of decisions—guide This Part [Part VI] provides for internal review of decisions by agencies, other than decisions made personally by the principal officer of an agency or the responsible Minister. Agencies are required to complete internal reviews within 30 days. However, this period may be extended.	Timeline is 30 days.
5. Appeals	37	Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman).	1 for partial, 2 for yes	2	YES	2	54L IC reviewable decisions—access refusal decisions (1) An application may be made to the Information Commissioner for a review of a decision covered by subsection (2). (2) This subsection covers the following decisions: (a) an access refusal decision; (b) a decision made by an agency on internal review of an access refusal decision (see section 54C); (c) a decision refusing to allow a further period for making an application for internal review of an access refusal decision (under section 54B). (3) The IC review application may be made by, or on behalf of, the person who made the request to which the decision relates.	S. 54M is a similar provision allowing affected third parties to appeal an access grant decision.
5. Appeals	38	The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed.	Score: 1 point for appointment procedure, 1 point for security of tenure	2	NO	0	Australian Information Commissioner Act 2010 Reg. 14 Appointment (1) The Australian Information Commissioner is to be appointed by the Governor‑General by written instrument. [...Same for FOI Commissioner and Privacy Commissioner.] Reg. 15 General terms and conditions of appointment (3) An information officer holds office on the terms and conditions (if any), in relation to matters not covered by this Act, that are determined by the Governor‑General. Reg. 20 Termination of appointment (1) The Governor‑General may terminate the appointment of an information officer for misbehaviour or physical or mental incapacity. (2) The Governor‑General must terminate the appointment of an information officer if any of the following apply: (a) the information officer: (i) becomes bankrupt (...) (b) the information officer is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; (c) the information officer engages, except with the Minister’s approval, in paid employment outside the duties of his or her office; (d) the information officer fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.	OAIC Act Reg. 14 – appointed by the Governor-General. Since Reg. 15(3) gives the Governor-General a broad power to decide terms and conditions of holding the office, a Commissioner could easily be dismissed for "misbehaviour" under Reg. 20(1).
5. Appeals	39	The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence.	Score 1 point for reports to parliament, 1 point for budget approved by parliament	2	Partially	1	Australian Information Commissioner Act 2010 Reg. 7 The information commissioner functions are as follows: (a) to report to the Minister on any matter that relates to the Commonwealth Government’s policy and practice with respect to: (i) the collection, use, disclosure, management, administration or storage of, or accessibility to, information held by the Government; and (ii) the systems used, or proposed to be used, for the activities covered by subparagraph (i) (...) Reg. 17 Remuneration (1) An information officer is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of remuneration by the Tribunal is in operation, the information officer is to be paid the remuneration that is prescribed by the regulations. (2) An information officer is to be paid the allowances that are prescribed by the regulations. (3) This section has effect subject to the Remuneration Tribunal Act 1973.	OAIC Act Reg. 17 allows for financial independence of the Information Commissioner. But Reg. 7(a) says that the IC reports to the Minister, not Parliament. The IC also prepares its annual report for the Minister (Reg. 30).
5. Appeals	40	There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise.	Score 1 point for not politically connected, 1 point for professional expertise	2	NO	0	Australian Information Commissioner Act 2010 Reg. 14 Appointment (1) The Australian Information Commissioner is to be appointed by the Governor‑General by written instrument. (2) The Freedom of Information Commissioner is to be appointed by the Governor‑General by written instrument. (3) A person may only be appointed as the Freedom of Information Commissioner if he or she has obtained a degree from a university, or an educational qualification of a similar standing, after studies in the field of law. (...)	OAIC Act Reg. 14(3) has a requirement for expertise for the Freedom of Information Commissioner, but no such requirement for the Information Commissioner.
5. Appeals	41	The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies.	Score 1 point for reviewing classified documents, 1 point for inspection powers	2	YES	2	55R Information gathering powers—obliging production of information and documents (1) This section applies if the Information Commissioner has reason to believe that a person has information, or a document, relevant to an IC review. (2) This section applies subject to sections 55T (exempt documents generally) and 55U (particular exempt documents). (3) The Information Commissioner may, by written notice, require a person to, for the purposes of an IC review: (a) give the Information Commissioner information of a kind specified by the notice; or (b) produce to the Information Commissioner a document specified by the notice. (...) (5) A person commits an offence if: (a) the person is subject to a requirement specified in a notice under subsection (3); and (b) the person engages in conduct; and (c) the person’s conduct breaches the requirement. 77 Information Commissioner investigations—general power to enter premises (1) If a consenting person consents to entry under paragraph (2)(a), an authorised person may, at any reasonable time of day arranged with the consenting person: (a) enter and remain at the place; or (b) carry on the investigation at that place; or (c) inspect any documents relevant to the investigation kept at the place. (2) The authorised person may enter a place that: (a) is occupied by an agency; or (b) is occupied by a contracted service provider and used by the contracted service provider predominantly for the purposes of a Commonwealth contract. (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; and (b) before giving the consent, the authorised person informed the consenting person that he or she may refuse consent. (4) The authorised person must leave the premises if the consenting person asks the authorised person to do so. (...)	S. 55R gives them the power to review classified documents. Ss. 55T and 55U impose only procedural measures for dealing with exempt documents. S. 77 gives them the power to inspect premises, although this may only be done with consent.
5. Appeals	42	The decisions of the independent oversight body are binding.	Score N=0, Y=2 points	2	YES	2	55N Decision on IC review—obligation to comply with decision A principal officer of an agency or a Minister must comply with a decision of the Information Commissioner under section 55K on an IC review.
5. Appeals	43	In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information.	1 for partial, 2 for fully	2	YES	2	55K Decision on IC review—decision of Information Commissioner (1) After undertaking an IC review, the Information Commissioner must make a decision in writing: (a) affirming the IC reviewable decision; or (b) varying the IC reviewable decision; or (c) setting aside the IC reviewable decision and making a decision in substitution for that decision. (2) For the purposes of implementing a decision on an IC review, the Information Commissioner may perform the functions, and exercise the powers, of the person who made the IC reviewable decision. (3) A decision of the Information Commissioner on an IC review has the same effect as a decision of the agency or Minister who made the IC reviewable decision. (...)
5. Appeals	44	Requesters have the right to lodge a judicial appeal.	1 for partially, 2 for fully.	2	YES	2	56 Appeals—appeals to Federal Court of Australia on questions of law (1) A review party may appeal to the Federal Court of Australia, on a question of law, from a decision of the Information Commissioner on an IC review. (...) (3) The Federal Court of Australia has jurisdiction to hear and determine appeals instituted under this section. (4) The jurisdiction of the Federal Court of Australia under subsection (3) includes jurisdiction to make findings of fact under section 56A. (...) 57A Tribunal reviewable decisions—which decisions are reviewable? (1) An application may be made to the Tribunal for review of the following decisions: (a) a decision of the Information Commissioner under section 55K on an IC review; (b) if the Information Commissioner makes a decision under paragraph 54W(b) (matters inappropriate for IC review)—the IC reviewable decision in relation to which the Information Commissioner makes the decision. (...) 58 Powers of Tribunal (1) Subject to this section, in proceedings under this Part, the Tribunal has power, in addition to any other power, to review any decision that has been made by an agency or Minister in respect of the request and to decide any matter in relation to the request that, under this Act, could have been or could be decided by an agency or Minister, and any decision of the Tribunal under this section has the same effect as a decision of the agency or Minister. (...)	An appeal may be made to either the Federal Court of Australia or the Administrative Appeals Tribunal.
5. Appeals	45	Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance.	1 for free, 1 for no lawyer required.	2	YES	2	55C Procedure in IC review—representation At the hearing of a proceeding before the Information Commissioner, a review party may: (a) appear in person; or (b) be represented by another person.	No lawyer required – S. 55C. Free of charge – neither the Act nor the OAIC Act 2010 impose any fee for review. This is confirmed on the Information Commissioner's website: "There is no fee or charge applying to either internal or IC review."
5. Appeals	46	The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.).	Score 1 point for appealing refusals, additional points for appealing other violations.	4	YES	4	53A What is an access refusal decision? An access refusal decision is any of the following decisions: (a) a decision refusing to give access to a document in accordance with a request; (b) a decision giving access to a document but not giving, in accordance with the request, access to all documents to which the request relates; (c) a decision purporting to give, in accordance with a request, access to all documents to which the request relates, but not actually giving that access; (d) a decision to defer the provision of access to a document (other than a document covered by paragraph 21(1)(d) (Parliament should be informed of contents)); (e) a decision under section 29 relating to imposition of a charge or the amount of a charge; (f) a decision to give access to a document to a qualified person under subsection 47F(5); (...) Note: If a decision is not made on a request under section 15 within the time required by that section, a decision is taken to have been made to refuse to give access to a document in accordance with the request (see section 15AC). 70 Information Commissioner investigations—making complaints (1) A person (the complainant) may complain to the Information Commissioner about an action taken by an agency in the performance of functions, or the exercise of powers, under this Act. (...)	Ss. 54L and 54M limit review to "access refusal decisions". This is defined in s. 53A as including refusals, partial refusals, administrative silence (through breach of timelines), or decisions to levy charges. S. 70 allows separate complaints for administrative mismanagement.
5. Appeals	47	Clear procedures, including timelines, are in place for dealing with external appeals.	Score 1 point for clear procedures, 1 point for timelines.	2	Partially	1	55 Procedure in IC review—general (1) The Information Commissioner may, for the purposes of an IC review, review an IC reviewable decision by considering the documents or other material lodged with or provided to the Information Commissioner, and without holding a hearing, if: (a) it appears to the Information Commissioner that the issues for determination on the IC review can be adequately determined in the absence of the review parties; and (b) the Information Commissioner is satisfied that there are no unusual circumstances that would warrant the Information Commissioner holding a hearing; and (c) none of the review parties have applied for a hearing under section 55B. (2) The Information Commissioner may otherwise: (a) conduct an IC review in whatever way he or she considers appropriate; and (b) use any technique that the Information Commissioner considers appropriate to facilitate an agreed resolution of matters at issue in the IC review (for example by using techniques that are used in alternative dispute resolution processes); and (c) allow a person to participate in an IC review by any means of communication; and (d) obtain any information from any person, and make any inquiries, that he or she considers appropriate; and (e) give written directions as to the procedure to be followed in relation to: (i) IC reviews generally; or (ii) a particular IC review. (...) (4) Without limiting subsection (2), the Information Commissioner must, in relation to an IC review: (a) conduct the IC review with as little formality and as little technicality as is possible given: (i) the requirements of this Act; and (ii) the requirements of any other law; and (iii) a proper consideration of the matters before the Information Commissioner; and (b) ensure that each review party is given a reasonable opportunity to present his or her case; and (c) conduct the IC review in as timely a manner as is possible given the matters mentioned in subparagraphs (a)(i) to (iii). (5) If the Information Commissioner holds a hearing, the Information Commissioner: (a) must hold the hearing in public, unless the Information Commissioner is satisfied that it is not desirable to do so: (i) because of the confidential nature of any evidence or matter relating to the proceeding; or (ii) for any other reason; and (b) is not bound by the rules of evidence; and (c) may hold a part of the hearing in the absence of a review party (or a review party’s representative) if it is necessary to do so to prevent disclosure to the review party (or the review party’s representative) of any evidence or matter relating to the proceeding that is of a confidential nature.	Ss. 54Z through 55J give a fairly clear outline for appeal procedures. However, s. 55(2)(a) lets the Information Commissioner "conduct an IC review in whatever way he or she considers appropriate," and there are no timelines beyond the s. 55(4)(c) requirement to "conduct the IC review in as timely a manner as is possible..."
5. Appeals	48	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	55D Procedure in IC review—onus (1) Subject to subsection (2), in an IC review in relation to a request or an application under section 48, the agency or Minister concerned has the onus of establishing that: (a) a decision given in respect of the request or application is justified; or (b) the Information Commissioner should give a decision adverse to the IC review applicant. (2) In an IC review of a decision for which an IC review application is made under section 54M (access grant decisions), the affected third party for the document in relation to which the decision was made has the onus of establishing that: (a) a decision refusing the request is justified; or (b) the Information Commissioner should give a decision adverse to the person who made the request.
5. Appeals	49	The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management)	1 for partial, 2 for fully.	2	YES	2	88 Information Commissioner investigations—what are the investigation recommendations? The investigation recommendations, in relation to the investigation, are the formal recommendations to the respondent agency that the Information Commissioner believes that the respondent agency ought to implement. 89 Information Commissioner investigations—failure to implement investigation recommendation (...) (2) The Information Commissioner may, by notice in writing (an implementation notice), require the respondent agency to: (a) give to the Information Commissioner particulars of any action that the agency proposes to take to implement the investigation recommendations for the investigation; and (b) give the particulars within the time specified in the notice. (3) The respondent agency must comply with the implementation notice. 89A Information Commissioner investigations—failure to take action in response to implementation notice (...) (2) The Information Commissioner may give a written report to the responsible Minister that contains the matters set out in section 89B. (3) If the Information Commissioner gives a report to the responsible Minister under subsection (2), the Information Commissioner must give a copy (or a copy prepared in accordance with subsection (4)) of the report to the Minister (the FOI Minister) responsible for the administration of this Act. (...) (5) The FOI Minister must cause the copy of the report to be laid before each House of the Parliament.
6. Sanctions & Protections	50	Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information.	Score 1 point for sanctions for underming right, 1 point for destruction of documents	2	NO	0	N/A	Not mentioned
6. Sanctions & Protections	51	There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them).	Score 1 point for either remedial action or sanctions, 2 points for both	2	NO	0	N/A	Not mentioned
6. Sanctions & Protections	52	The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law.	Score 1 for oversight body, 1 for immunity for others	2	YES	2	Australian Information Commissioner Act 2010 Reg. 35 Information officer etc. not to be sued (1) This section applies to a person if: (a) the person is an information officer; or (b) the person is acting under the direction or authority of an information officer. (2) The person is not liable to an action, suit or proceeding in relation to an act done or omitted to be done in good faith in the exercise or purported exercise of any power or authority conferred for the purposes of an information commissioner function, a freedom of information function or a privacy function. 90 Protection against civil liability—general (1) 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 because the Minister, or an officer of the agency: (a) publishes a document in good faith, in the belief that the publication is required or permitted under Part II (information publication scheme) or section 11C (publication of information in accessed documents); or (b) gives access to a document in good faith, in the belief that the access is required or permitted to be given in response to a request; or (c) publishes, or gives access to, a document in good faith, in the belief that the publication or access is required or permitted otherwise than under this Act (whether or not under an express legislative power). (2) No action for defamation, or breach of confidence, in respect of the publication of a document covered by subsection (3), lies against a person (including the author of the document) because the person supplied the document to a Minister or an agency. (3) The publication of a document is covered by this subsection if: (a) it is published as mentioned in paragraph (1)(a) or (c); or (b) its publication is involved in, or results from, the giving of access to the document (or another document) as mentioned in paragraph (1)(b) or (c).	OAIC Act Reg. 35 grants immunity to the Information Commissioner, and ss. 55Z and 85 grant immunity to persons providing information to the IC during a review or an investigation, respectively. S. 90 gives general immunity to agencies who disclose information in good faith, while s. 91 grants civil immunity in special situations and s. 92 grants immunity from criminal liability.
6. Sanctions & Protections	53	There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers).	Score 2 for strong protections, 1 for moderate protections	2	YES	2	Public Interest Disclosure Act	Australia has dedicated whistle-blower legislation (the Public Interest Disclosure Act).
7. Promotional Measures	54	Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations.	Score Y/N, Y=2 points	2	YES	2	8 Information to be published—what information? (2) The agency must publish the following information: (i) contact details for an officer (or officers) who can be contacted about access to the agency’s information or documents under this Act 10A Who performs functions etc. given to agencies (1) A function or power given to an agency under this Part may be performed or exercised, on behalf of the agency, by: (a) the principal officer of the agency; or (b) an officer of the agency acting within the scope of his or her authority in accordance with arrangements approved by the principal officer of the agency. (...)	Ss. 8(2)(i) and 11(1)(b), by implication, necessitate an appointment process.
7. Promotional Measures	55	A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information.	Score Y/N, Y=2 points	2	YES	2	Australian Information Commissioner Act 2010 Reg. 4 Guide to this Part ...The functions of the Office are as follows: (a) the freedom of information functions, which are about giving the Australian community access to information held by the Commonwealth Government in accordance with the Freedom of Information Act 1982 (and other Acts) Reg. 8 Definition of freedom of information functions The freedom of information functions are as follows: (a) promoting awareness and understanding of the Freedom of Information Act 1982 and the objects of that Act (including all the matters set out in sections 3 and 3A of that Act)
7. Promotional Measures	56	Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law.	Score Y/N, Y=2 points	2	NO	0	N/A	No – the publication requirements in s. 8(2)(i) only require that the information officer's contact information be published. Our expert tells us that, in practice, many agencies go further than this and publish guides, but because it's not a part of the legal framework it would be inconsistent with the general scoring methodology to credit them here.
7. Promotional Measures	57	A system is in place whereby minimum standards regarding the management of records are set and applied.	Score Y/N, Y=2 points	2	NO	0	N/A	Not mentioned.
7. Promotional Measures	58	Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public.	Score Y/N, Y=2 points	2	NO	0	N/A	Not mentioned.
7. Promotional Measures	59	Training programs for officials are required to be put in place.	Score Y/N, Y=2 points	2	YES	2	Australian Information Commissioner Act 2010 Reg. 8 Definition of freedom of information functions The freedom of information functions are as follows: (d) providing information, advice, assistance and training to any person or agency on matters relevant to the operation of the Freedom of Information Act 1982
7. Promotional Measures	60	Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with.	Score Y/N, Y=2 points	2	YES	2	Australian Information Commissioner Act 2010 Reg. 8 Definition of freedom of information functions The freedom of information functions are as follows: ...(j) collecting information and statistics from agencies and Ministers about the freedom of information matters (see section 31) to be included in the annual reports mentioned in section 30	OAIC Act Reg. 31 lists number of requests, number of complaints, how they were dealt with, etc., under "freedom of information matters."
7. Promotional Measures	61	A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law.	Score Y/N, Y=2 points	2	YES	2	93B Review of operation of Act (1) The Minister must cause a review of the operation of this Act to be undertaken. (2) The review must: (a) start 2 years after the commencement of this section; and (b) be completed within 6 months. (3) The Minister must cause a written report about the review to be prepared. (4) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.	OAIC Act Reg. 30 also requires the Information Commissioner to prepare an annual report to the Minister about freedom of information matters.

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Australia

Introduction

1. Right of Access

1. Right of Access

1. Right of Access

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

6. Sanctions & Protections

6. Sanctions & Protections

6. Sanctions & Protections

6. Sanctions & Protections

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures