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Information Publication Scheme
As part of recent major reforms to Freedom of Information legislation, the Information Publication Scheme was established (see Part II of the Freedom of Information Act 1982 (FOI Act)). The Information Publication Scheme commenced on 1 May 2011 and replaced the former annual report publication requirements in section 8 of the FOI Act. The scheme provides a statutory framework for pro-active publication of information by agencies. As part of this scheme, agencies are required to publish, on a website, 10 categories of information, including information about the agency’s structure, functions and statutory appointments. Agencies must also publish ‘operational information’ that guides decisions or recommendations affecting members of the public as well as information about how the public can comment on policy proposals. Further information about the Information Publication Scheme is available online at www.oaic.gov.au/foi-portal/ips.html.
As this change was initiated during the 2010-11 financial year, the department must continue to comply with Section 8 requirements in this annual report.
From 1 May 2011, agencies subject to the FOI Act are required to publish information to the public as part of the Information Publication Scheme. This requirement is in Part II of the FOI Act and has replaced the former requirement to publish a Section 8 statement in an annual report. More information on the department’s Information Publication Scheme is available at www.health.gov.au.
Requirements under Section 8 of the Freedom of Information Act 1982 (for the period 1 July 2010 to 30 April 2011)
Prior to 1 May 2011, the department was required under Section 8 of the FOI Act to publish in its annual report information about functions and its decision making powers that affect the public. The department was also required to comment on arrangements for public participation in the formulation of policy, the categories of documents that are held by the department, and how these documents can be accessed by the public. Discussion of the department’s functions can be found at Part 2: Performance Reporting. The following information addresses the requirements under Section 8 of the FOI Act.
The department’s decision-making powers
The department exercises decision-making powers and advises ministers on the exercise of their powers under portfolio legislation and other matters. These powers are as set out in the Administrative Arrangements Orders (AAO) for the Commonwealth of Australia and relate to:
- services for older people, including their carers;
- policy for and promotion of active ageing, other than income security and employment policy;
- public health, including health protection, and medical research;
- health promotion and disease prevention;
- primary health care;
- hospitals funding and policy, including relationships and linkages within the continuum of health care;
- implementation of the National Health and Hospitals Network;
- Aboriginal and Torres Strait Islander health programs and policies;
- health and ageing research;
- pharmaceutical benefits;
- health benefits schemes;
- hearing services policy and funding;
- specific health services, including human quarantine;
- national drug strategy;
- regulation of therapeutic goods;
- notification and assessment of industrial chemicals;
- gene technology regulation;
- medical indemnity insurance issues;
- private health insurance;
- blood and organ policy and funding;
- health workforce capacity; and
- mental health policy and primary mental health care.
For details of the legislation administered by the department, refer to the AAO, which is available at www.pmc.gov.au.
The arrangements for bodies or persons outside the Commonwealth to participate in the formulation of policy by the department, or in the administration by the department of any enactment or scheme
The department recognises the importance of incorporating the views and comments of stakeholder organisations and members of the public when formulating and administering health and ageing policy and legislation. During 2010-11, the department consulted widely with a range of consumer and stakeholder groups to develop policy at varying levels and across a range of areas. This consultation was undertaken in accordance with best practice regulation requirements.136
The categories of documents that are maintained by the department
The department keeps records in various forms and locations. These records are retained for varying periods, depending on their administrative and historical value, and are disposed of in accordance with standards and practices approved by the National Archives of Australia.
In 2010-11, the department and its portfolio agencies maintained records of the following categories of documents:
- briefing papers and minutes prepared for Ministers, the Parliamentary Secretary and senior departmental officers;
- Cabinet documents, including Cabinet submissions/memoranda and documents submitted to Cabinet;
- documents prepared for the Executive Council;
- documents relating to the development of, and explanatory memoranda to, Acts, Regulations and other legislative instruments;
- internal administration documents relating to staff management and the department’s organisation and operation, including: personnel records; organisational and staffing records; financial and resource management records; audit records; internal operating procedures; requests for tender; instructions and indexes;
- instruments of appointment;
- ministerial and departmental responses to correspondence and parliamentary questions;
- inter-departmental and general correspondence and papers;
- policy documents, including those used in the development and implementation of government and departmental policy, recommendations and decisions;
- working papers covering functions and issues handled by the department, including program funding and grant administration and planning documents;
- documents relating to complaints about Commonwealth-funded services;
- agreements, Memoranda of Understanding and contracts between the Commonwealth, state and territory governments and other bodies and organisations;
- legal documents, including legislation, contracts, leases, instruments of delegation, legal advices and court documents;
- requests for information under the Freedom of Information Act 1982 and files and papers relevant to the consideration of those requests;
- standard operating procedures and fact sheets;
- correspondence with non-government parties;
- records of meetings and teleconferences both internal to the department and with external stakeholders, including agendas and minutes;
- financial reports, expenditure estimates and expenditure reports;
- maps, charts, photographs, technical drawings, specifications and technical manuals;
- statistics and databases;
- documents prepared by international agencies;
- reports prepared by other government agencies and consultants relevant to the department;
- international agreements, Memoranda of Understanding and treaties;
- documents submitted by third parties;
- departmental publications and occasional papers;
- training materials;
- media releases;
- committee records; and
- mailing lists.
In addition, a large number of departmental publications are available free of charge to the public. A list of these publications is available from the department’s website www.health.gov.au. Many of these publications are available for download. A digest of the personal information held by the department is available from the Office of the Privacy Commissioner’s website at www.privacy.gov.au/government/digests. This information is updated annually.
The facilities that are provided by the department for enabling members of the public to obtain physical access to the documents of the department
When required, the department provides facilities within its premises for inspecting documents requested through the Freedom of Information Act 1982.
FOI procedures and initial contact for enquiries
A request for access to documents made under the Freedom of Information Act 1982 must:
- be made in writing (this can be transmitted by email or fax);
- state that the request is an application under the Freedom of Information Act 1982;
- provide as much information about the document as reasonably necessary to allow the document to be identified; and
- include an address in Australia to which replies and notices can be sent.
To enable a prompt response, a telephone number or an email address should also be included in case departmental officers need any further clarification about the request.
Applicants may be liable to pay charges at rates prescribed by the Freedom of Information (Fees and Charges) Regulations. The Schedule of Fees and Charges to the FOI Regulations sets out rates for the time spent searching for and retrieving relevant documents, decision-making time, photocopying and other costs. Where charges are imposed, the department provides an estimate of the processing charges to the applicant and seeks their agreement before continuing to process the request.
It may not be possible to obtain access to all of the documents sought in an FOI request. Access is limited by exemptions that protect essential public interests and private and business affairs of other parties.
To make an FOI request, send your written request to the department at:
email: FOI@health.gov.au;
fax: 02 6289 5604; or
post:
Freedom of Information
Department of Health and Ageing
GPO Box 9848
Capital City
If you need more information about making an FOI request, you may contact the department at any of the addresses above or at any of the the telephone numbers listed below:
Central Office (Canberra) (02) 6289 1666
New South Wales (02) 9263 3926
Victoria (03) 9665 8872
Queensland (07) 3360 2603
South Australia (08) 8237 8025
Western Australia (08) 9346 5400
Tasmania (03) 6221 1475
Northern Territory (08) 8919 3450
Australian Capital Territory (02) 6289 3353
Departmental Freedom of Information Statistics
Table 4.5.1: Requests for Access under the Freedom of Information Act 1982 in 2010–11
Matters
On-hand
(Start 2010–11) | Requests
Received
(2010–11) | Requests
Finalised
(2010–11) | Requests
Outstanding
(End 2010–11) |
|---|
42 | 267 | 227 | 82 |
Table 4.5.2: Freedom of Information Internal Review Matters
Matters
On-hand
(Start 2010–11) | Requests Received
(2010–11) | Requests Finalised
(2010–11) | Decision
Reviews | Requests Outstanding
(End 2010–11) |
|---|
1 | 20 | 17 | 8 affirmed
6 not in full
2 in full
1 charges not imposed | 4 |
Table 4.5.3: Freedom of Information Administrative Appeals Tribunal Matters
Matters
On-hand
(Start 2010–11) | Requests
Received
(2010–11) | Requests
Finalised
(2010–11) | Decision
Appeals
Outstanding
(End 2010–11) |
|---|
5 | 5 | 9 | 1 |
Freedom of Information Review undertaken by Australian Information Commissioner: 1
More detailed information about the FOI Act is available via the website of the Department of the Prime Minister and Cabinet at www.pmc.gov.au/foi/annual_reports.cfm or from the Office of the Information Commissioner at www.oaic.gov.au
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