Editors --- "Freedom of Information" [2006] AdminRw 8; (2006) 57 Admin Review 72

• Freedom of information

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Freedom of information

Part II of Schedule 2 to the Freedom of Information Act 1982 (Cth) lists agencies that are exempt in respect of particular documents; one such agency is the Australian Broadcasting Authority. The Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 (Cth) amended the Schedule by substituting ‘Australian Communications and Media Authority’ for ‘Australian Broadcasting Authority’ as a result of the merger of the Australian Broadcasting Authority and the Australian Communications Authority to form the Australian Communications and Media Authority. This amendment came into force on 1 July 2005.

The Administrative Appeals Tribunal Amendment Act 2005 (Cth) amended the Freedom of Information Act in order to do the following:

• replace references in s 58D to s 42(1) of the Administrative Appeals Tribunal Act 1975 (Cth) with references to s 42(3) and to delete the expression ‘(including the question whether a particular question is one of law)’

• provide in s 64 that, if an agency voluntarily produces an exempt document to the Administrative Appeals Tribunal, then the Tribunal is prohibited from disclosing the document to any person other than a member of the Tribunal as constituted for the proceeding or a member of the staff of the Tribunal in the course of performing his or her duties

• clarify that the Administrative Appeals Tribunal may require the production of a document claimed to be exempt at any time after the date by which the agency is required to lodge the non-exempt documents with the Tribunal, pursuant to s 37 of the Administrative Appeals Tribunal Act.

These amendments came into force on 16 May 2005.