Other Information
Training sessions coming up
FOI Solutions will be conducting its usual Basic and Intermediate FOI training sessions during various lunchtimes in October and early November as follows:
- Basic FOI Training 1 - 24 October 2023
- Basic FOI Training 2 - 26 October 2023
- Intermediate FOI Training 1 - 31 October 2023
- Intermediate FOI Training 2 - 2 November 2023
For more information or to register, please view our website or send an email to marketing@foisolutions.com.au requesting a copy of the flyer.
Question Time
Q: What is actually required for my agency to meet its Part II obligations?
A: Part II of the FOI Act requires agencies to publish statements identifying specific types of documents. Three statements are required covering the requirements of s 7, s 8 and s 11 of the FOI Act. Depending upon your particular agency, there may be specific requirements as to how and when these statements should be published (for instance, Councils do not need to provide a s 11 statement).
The s 7 statement provides the reader with an overview of your agency. Your agency must publish s 7 statements on your agency's website and in annual reports.
The type of information your agency should publish under s 7 of the FOI Act include:
- Manuals that guide the interpretation of legislations
- Manuals, statement of policy, rules of procedures and guidelines
- Record of decisions, policies and practices.
Section 11 requires the principal officer of your agency to publish a list or index of certain types of documents which can then be requested by members of the public. The documents to be listed may be:
- Reports which contain advice or recommendations of interdepartmental committees, where a number is an officer or your agency
- A report by a consultant paid by your agency
- Records of decisions, scientific research and valuations
- Submissions that were prepared for your agency or by your agency.
Although Councils are not required to publish a s 11 statement, Councils have an obligation to publish documents they hold under s 7 of the FOI Act (please see as above).
Understanding Part II can be difficult and drafting the necessary statements can be time consuming, but necessary. We can assist agencies in meeting their Part II obligations.
Q: I have received a request for documents that contain instructions that were issued to officers for negotiating a contract on a particular project completed recently. Can these documents be exempt under s 36 of the FOI Act?
A: Yes, s 36(1)(b) and the identical provision s 36(2)(b) (which applies to councils) provide that documents that contain practices or procedures to be followed in negotiations can be exempt.
Prior to 2018, the exemption was interpreted in a very narrow and limited fashion. However, it is now recognised that this exemption is not limited to broad instructions laying down general practices and procedures but can apply in relation to a particular transaction or contractual negotiation.
Therefore, depending on whether your agency is a council or not, either s 36(1)(b) or s 36(2)(b) can apply to any negotiation provided that it relates to the financial property or personnel management and assessment of interests of your agency.