As some of you will be aware, amending legislation which was finally approved on 10 September 2024 made some important changes to the FOI Act. They commence on 11 September 2024.

In summary, some of the main changes include:

broadening the range of documents falling outside the FOI Act because information is available not just for a fee or charge, but also where the information is freely available (including on a website)
provisions relating to consultation have been changed to refer not just to whether something is practicable; it has been amended to refer to whether it is "reasonably practicable"
the Information Commissioner's powers have been changed to not just be limited to resolving matters by agreement between the parties. It now refers to resolution "informally"
amending certain aspects related to where the Information Commissioner uses coercive powers
sets out steps the Information Commissioner can take if it is not reasonably practicable to destroy, after inspection, documents where exemption is claimed under s 28, 29A, 31 or 31A - for which there have been special ways in which they can be produced to the Commissioner
amends some of the annual reporting requirements applicable to the Information Commissioner.

If you have any queries about what changes have been made or how it may affect your agency, please do not hesitate to contact us.

Mick Batskos

Executive Director

Important Update

Issue 4/2024 · 11 Sep 2024

In this issue