Right to Information Regulations 2021

Right to Information Regulations 2021

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Right to Information Act 2009 .

C. WARNER

Governor

By Her Excellency's Command,

ELISE ARCHER

Minister for Justice

1.   Short title

These regulations may be cited as the Right to Information Regulations 2021 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations –

Act means the Right to Information Act 2009 ;

proof of identity, in relation to a person making an application under section 13 of the Act, means –

(a) a certified copy, or an extract, of a birth certificate for the applicant that shows the name of the applicant; or

(b) a certified copy of a certificate, declaration, notice or other instrument in respect of the applicant’s status as an Australian citizen or British subject, or otherwise in respect of the applicant’s nationality, issued under –

(i) the Australian Citizenship Act 2007 of the Commonwealth; or

(ii) the Australian Citizenship Act 1948 of the Commonwealth; or

(c) a passport, issued to the applicant in any country or territory, that shows the name of the applicant; or

(d) a drivers licence, issued to the applicant in Australia, that shows the name of the applicant.

4.   Information to be available to members of the public

A public authority must publish the following information, in respect of an application for assessed disclosure of information under section 13 of the Act, in a manner that is accessible to the public:

(a) the address to which the application may be sent;

(b) the application fee payable in respect of the application under section 16(1) of the Act;

(c) the grounds on which the application fee for the application may be waived under section 16(2) of the Act;

(d) a statement to the effect that the application must –

(i) be made in writing; and

(ii) contain the minimum information required by section 13(3) of the Act; and

(iii) be signed by the applicant;

(e) details of the minimum information, that must be contained in the application, as prescribed under regulation 5 .

5.   Minimum information to be contained in application for assessed disclosure

For the purposes of section 13(3) of the Act, the following information is prescribed as the minimum information that must be contained in an application for assessed disclosure of information under that section:

(a) the name of the applicant;

(b) a postal address, or email address, for the applicant, to be used for communication on matters relating to the application;

(c) the contact details of the applicant where the applicant may be contacted during ordinary business hours;

(d) the general subject matter of the application;

(e) details of the information sought by the applicant under the application, including all relevant dates and time periods that may relate to the information being sought, if known by the applicant;

(f) details of efforts undertaken by the applicant, if any, before the application was made, to obtain from publicly available sources the information sought;

(g) the date on which the application was signed by the applicant;

(h) if the application includes a request for personal information of the applicant, proof of identity of the applicant.

6.   Minimum information to be provided to applicant by public authority

For the purposes of section 13(5) of the Act, the following information is prescribed as the minimum information that a public authority must provide to a person applying for assessed disclosure of information under that section about the public authority’s assessment procedure for such an application:

(a) an outline of the object of the Act as specified in section 3 of the Act;

(b) the application fee payable under section 16(1) of the Act;

(c) the grounds on which the application fee may be waived under section 16(2) of the Act;

(d) the period, under section 15 of the Act, within which an application is to be decided;

(e) information to the effect that an applicant may apply, under section 45(1)(f) of the Act, to the Ombudsman for a review of a decision if the applicant has not received notice of the decision within the period specified in, or calculated under, section 15 of the Act;

(f) information specifying that the public authority, in accordance with sections 13(6) , (7) and (8) of the Act –

(i) must take reasonable steps to assist the person to make an application that complies with section 13 of the Act; and

(ii) may negotiate with an applicant to refine or redirect an application; and

(iii) if requested, must make available general details of information in possession of the public authority.

7.   Corresponding laws

For the definition of corresponding law in section 34(3) of the Act, the following laws are declared to be laws that correspond to the Act:

(a) the Freedom of Information Act 2016 of the Australian Capital Territory;

(b) the Freedom of Information Act 1982 of the Commonwealth;

(c) the Government Information (Public Access) Act 2009 of New South Wales;

(d) the Information Act 2002 of the Northern Territory;

(e) the Right to Information Act 2009 of Queensland;

(f) the Freedom of Information Act 1991 of South Australia;

(g) the Freedom of Information Act 1982 of Victoria;

(h) the Freedom of Information Act 1992 of Western Australia.

8.   Legislation rescinded

The legislation specified in Schedule 1 is rescinded.

SCHEDULE 1 - Legislation rescinded

Regulation 8

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 16 June 2021

These regulations are administered in the Department of Justice.