New South Wales Consolidated Acts

FREEDOM OF INFORMATION ACT 1989

- As at 3 December 2008
- Act 5 of 1989

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Act binds Crown
   4.      Relationship with other Acts
   5.      Objects
   6.      Definitions
   7.      Public authorities
   8.      Public offices
   9.      Certain bodies etc exempt from operation of Act
   10.     Act not to apply to judicial functions of courts and tribunals
   11.     Documents in certain agencies
   12.     Defunct agencies

   PART 2 - PUBLICATION OF CERTAIN INFORMATION

   13.     (Repealed)
   14.     Publication of information concerning affairs of agencies
   15.     Availability of certain documents
   15A.    Disclosure of government contracts with the private sector

   PART 3 - ACCESS TO DOCUMENTS

           Division 1 - General

   16.     Right of access to agencies’ documents
   17.     Applications for access to agencies’ documents
   18.     Persons by whom applications to be dealt with etc
   19.     Incomplete and wrongly directed applications
   20.     Transfer of applications
   21.     Agencies may require advance deposits
   22.     Agencies may refuse to continue to deal with applications if advance deposit not paid
   23.     Information stored in computer systems etc
   24.     Determination of applications
   25.     Refusal of access
   26.     Deferral of access
   27.     Forms of access
   28.     Notices of determination
   29.     Division to be read subject to Division 2

           Division 2 - Consultation

   30.     Documents affecting inter-governmental relations
   31.     Documents affecting personal affairs
   32.     Documents affecting business affairs
   33.     Documents affecting the conduct of research

           Division 3 - Internal review

   34.     Internal review

           Division 4 - Ministers’ documents

   35.     Right of access to Ministers’ documents
   36.     Applications for access to Ministers’ documents
   37.     Persons by whom applications to be dealt with etc
   38.     Divisions 1 and 2 to apply

   PART 4 - AMENDMENT OF RECORDS

           Division 1 - General

   39.     Right to apply for amendment of agencies’ records
   40.     Applications for amendment of agencies’ records
   41.     Persons by whom applications to be dealt with etc
   42.     Incomplete applications
   43.     Determination of applications
   44.     Refusal to amend records
   45.     Notices of determination
   46.     Notations to be added to records

           Division 2 - Internal review

   47.     Internal review

           Division 3 - Ministers’ records

   48.     Right to apply for amendment of Ministers’ records
   49.     Applications for amendment of Ministers’ records
   50.     Persons by whom applications to be dealt with etc
   51.     Division 1 to apply

   PART 5 - EXTERNAL REVIEW

           Division 1 - Review by the Ombudsman

   52.     Review by the Ombudsman
   52A.    Redetermination of applications following action by Ombudsman

           Division 2 - Reviews by the Tribunal

   52B.    Definitions
   53.     Right to make a review application
   54.     Time within which review applications to be made
   55.     Procedure for dealing with exempt matter
   56.     Delayed determinations
   57.     Consideration of restricted documents
   58.     Tribunal may report improper conduct

           Division 3 - Review by the Supreme Court

   58A.    Review by the Supreme Court
   58B.    Consideration of documents the subject of a Ministerial certificate
   58C.    Confirmation of a Ministerial certificate for Cabinet and Executive Council documents

   PART 6 - MISCELLANEOUS

   59.     Ministerial certificates
   59A.    Public interest
   59B.    Extension of 21 day period for dealing with applications
   60.     Service of notices
   61.     Burden of proof
   62.     Agency taken to have made determinations
   63.     Proceedings may be taken etc in the name of the principal officer of an agency
   64.     Protection in respect of actions for defamation or breach of confidence
   65.     Protection in respect of certain criminal actions
   66.     Personal liability
   67.     Fees and charges
   68.     Reports to Parliament
   69.     Regulations
           70, 71. (Repealed)
           SCHEDULE 1
           SCHEDULE 2