VIEW SUMMARY
The legislation that is being viewed is valid for 29 Feb 2012.

Right to Information Act 2009  (No. 70 of 2009)
Requested:27 Aug 2014
Consolidated:29 Feb 2012


INFORMATION
Notes:
Links:
Table of Amending Instruments: (click to view Table of Amendments)
Responsible Minister and Department:See the latest Administrative Arrangement Order or view the Information Guides to Legislation
CONTENTS
Right to Information Act 2009
Part 1 - Preliminary
1. Short title
2. Commencement
3. Object of Act
4. Act binds Crown
5. Interpretation
6. Exclusions of certain persons or bodies
Part 2 - Right to Information
Division 1 - General right to information
7. Right to information
8. Persons entitled to some information provided to public authority by funded private organisation
9. Persons not entitled to apply for certain information already otherwise available
10. Electronic information
11. Information held by Archives Office
12. Information to be provided apart from Act
Division 2 - Process for assessed disclosure of information
13. Application for assessed disclosure of information
14. Transfer of applications
15. Time within which applications for assessed disclosure of information are to be decided
16. Charges for information
17. Deferment of provision of information
18. Provision of information
19. Requests may be refused if resources unreasonably diverted
20. Repeat or vexatious applications may be refused
21. Decision to be made on behalf of public authority by authorised person
22. Reasons to be given
23. Other responsibilities of principal officer
24. Principal officer or Minister may delegate his or her functions
Part 3 - Exempt Information
Division 1 - Exemptions not subject to public interest test
25. Executive Council information
26. Cabinet information
27. Internal briefing information of a Minister
28. Information not relating to official business
29. Information affecting national or state security, defence or international relations
30. Information relating to enforcement of the law
31. Legal professional privilege
32. Information related to closed meetings of council
Division 2 - Exemptions subject to public interest test
33. Public interest test
34. Information communicated by other jurisdictions
35. Internal deliberative information
36. Personal information of person
37. Information relating to business affairs of third party
38. Information relating to business affairs of public authority
39. Information obtained in confidence
40. Information on procedures and criteria used in certain negotiations of public authority
41. Information likely to affect State economy
42. Information likely to affect cultural, heritage and natural resources of the State
Part 4 - Review of Decisions
43. Internal review
44. Application for external review
45. Other applications for review
46. Review where decisions delayed
47. Powers of Ombudsman
48. Decisions of Ombudsman
Part 5 - Miscellaneous
49. Guidelines and advice
50. Offences
51. Protection against actions for defamation or breach of confidence
52. Protection in respect of criminal offences under other Acts
53. Reporting
54. Regulations
55. Administration of Act
56. Legislation repealed
57. Legislation rescinded
Schedule 1 - Matters Relevant to Assessment of Public Interest
Schedule 2 - Matters Irrelevant to Assessment of Public Interest
Schedule 3 - Matters Relevant to Assessment of Refusing Application
Schedule 4 - Legislation repealed
Schedule 5 - Legislation rescinded

53. Reporting

      (1) The Secretary of the Department must, as soon as practicable after the end of each financial year, prepare a report on the administration of this Act showing, in particular –

(a) the number of applications made under Part 2 and the public authorities or Ministers that received the applications; and

(b) the number of applications under Part 2 that were refused and the provisions of this Act under which they were refused; and

(c) the number of applications under this Act where the information requested was exempt information or part of the information was exempt information and the provision under which it was exempt; and

(d) the number of applications for internal review under section 43 and the results of those applications; and

(e) a list of the Acts and sections of those Acts which exempt information or public authorities from the provisions of this Act; and

(f) the number of applications for review made to the Ombudsman under Part 4 and the results of those applications.

      (2) The Secretary of the Department must give the report prepared in accordance with subsection (1) to the Minister who must table it in both Houses of Parliament within 10 sitting-days of its receipt.

      (3) The Ombudsman is to provide a report to Parliament about the operation of this Act and any related matters he or she decides are relevant.

      (4) The report referred to in subsection (3) is to be contained in the annual report of the Ombudsman under section 30 of the Ombudsman Act 1978.