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.