Freedom of Information
The Freedom of Information Act 1982 (FOI Act) came into effect on 1 December 1982. The FOI Act was specifically created to facilitate access to information in documentary form in the possession of agencies. It extends the right of every person to access information in the possession of the Government of the Commonwealth in the following ways:
- by providing a general right of access to government documents, with some exceptions, together with a corresponding duty upon agencies to provide clear reasons when access is denied;
- by requiring agencies to publish certain information about their structure, functions, operations, policies and practices; and
- by providing a means for individuals to access and correct personal information that is inaccurate, incomplete, out of date or misleading.
Access to all documents in the possession of the SSAT is not
possible as confidentiality must be maintained where it is
necessary for the protection of essential public interests and the
private and business affairs of persons and organisations in
respect of whom information is collected. The exceptions and
exemptions in the FOI Act are designed to protect these essential
interests.
The fundamental aim of FOI legislation is to promote and enhance
the processes of democracy and representative government by
increasing access to government information. FOI legislation aims
to:
- provide open and accountable government; increase public participation in government decision-making;
- ensure that personal information held by the government is relevant, accurate, up to date and complete;
- and enable individuals to be kept informed of government decision-making processes that affect them.
The FOI Act gives a "person" the right to request an agency to amend a document to which s/he has had lawful access where the person claims:
- that the document contains "personal information" about him/her;
- that is incomplete, incorrect, out of date or misleading; and
- has been used, is being used, or is available for use by the agency for an administrative purpose.