❓ Dr. Constable asks the Attorney General about agency compliance with Freedom of Information Act requirements regarding Information Statements. The Attorney General's response outlines the Act's requirements, reports on a previous compliance survey, and indicates ongoing monitoring by the Information Commissioner.
AnsweredQoN 3006Legislative Assembly
QuestionView source ↗
(a) do not currently have
Information Statements
;
(b) have not updated their
Information Statements
in the last 12 months;
(c) have not published their
Information Statements
in the last 12 months; and
(d) do not provide a copy of their
Information Statements
on their website?
Information Statements
;
(b) have not updated their
Information Statements
in the last 12 months;
(c) have not published their
Information Statements
in the last 12 months; and
(d) do not provide a copy of their
Information Statements
on their website?
AnswerView source ↗
Answered
17 March 2008
Response time
20 days
(a) - (d) Section 96 of the
Freedom of Information Act 1992
requires agencies to publish an up to date information statement about the agency at least every twelve months. Section 97(2) of the FOI Act requires that an agency must provide a copy of its information statement to the Information Commissioner as soon as is practicable after the statement is published under section 96 of the Act. It is the responsibility of agencies to comply with the FOI Act. As reported by the Information Commissioner in the 2006-2007 Annual Report the Commissioner last year undertook a survey of agencies to determine the level of compliance with sections 94 to 96 of the FOI Act. The Commissioner reported that 133 State Government and 142 local government agencies were surveyed. Responses were received from 263 Government agencies (96%). Of those 263, 17 State government agencies (13%) and 16 (11%) of local government agencies failed to complete the section of the survey that related to the information statement. 147 agencies advised that their information statement is published as a separate document, while 75 incorporate the statement in their annual report. 102 (39%) stated that they make their statement available in hard copy; 35 (13%) stated that it was available electronically; and 100 (38%) stated that it was available both as a hard copy document and electronically. As the anniversary date for republication by each agency of its information statement may differ, the Information Commissioner advises that it is not practicable to accurately ascertain at the present time which agencies do not have current and updated information statements, either published or on their websites without again surveying each agency. However his Office has followed up with those agencies that have not confirmed in the latest survey responses that they have complied with their responsibilities under sections 94-96 of the FOI Act. The Commissioner will continue to monitor compliance. Another survey of agency compliance with information statement requirements is planned to be conducted by the Information Commissioner this financial year.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
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Freedom of Information Act 1992
requires agencies to publish an up to date information statement about the agency at least every twelve months. Section 97(2) of the FOI Act requires that an agency must provide a copy of its information statement to the Information Commissioner as soon as is practicable after the statement is published under section 96 of the Act. It is the responsibility of agencies to comply with the FOI Act. As reported by the Information Commissioner in the 2006-2007 Annual Report the Commissioner last year undertook a survey of agencies to determine the level of compliance with sections 94 to 96 of the FOI Act. The Commissioner reported that 133 State Government and 142 local government agencies were surveyed. Responses were received from 263 Government agencies (96%). Of those 263, 17 State government agencies (13%) and 16 (11%) of local government agencies failed to complete the section of the survey that related to the information statement. 147 agencies advised that their information statement is published as a separate document, while 75 incorporate the statement in their annual report. 102 (39%) stated that they make their statement available in hard copy; 35 (13%) stated that it was available electronically; and 100 (38%) stated that it was available both as a hard copy document and electronically. As the anniversary date for republication by each agency of its information statement may differ, the Information Commissioner advises that it is not practicable to accurately ascertain at the present time which agencies do not have current and updated information statements, either published or on their websites without again surveying each agency. However his Office has followed up with those agencies that have not confirmed in the latest survey responses that they have complied with their responsibilities under sections 94-96 of the FOI Act. The Commissioner will continue to monitor compliance. Another survey of agency compliance with information statement requirements is planned to be conducted by the Information Commissioner this financial year.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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