Right to Information Act 989

A person has a right to information, and may apply without giving a reason unless the application is treated as urgent.

The Government must provide the public with general information on governance, and no application from a specific person is needed.

Public institutions must publish an up-to-date manual within 12 months of commencement and every 12 months after that, and must maintain an information unit and accurate information records.

The Right to Information Commission must issue guidelines for preparing the manual for a public institution, after consulting the Minister.

Information is exempt from disclosure in specified cases involving the President or Vice-President, but factual or statistical data is not exempt.

Some information is exempt from disclosure when it relates to Cabinet matters and meets the listed conditions; Cabinet may still publish or grant access to otherwise exempt information.

Information may be withheld if disclosure could harm law enforcement, public safety, investigations, trials, confidential sources, or related security interests.

Some information may be withheld from disclosure where releasing it could harm international relations or expose confidential government or international communications; the President may approve disclosure anyway.

Some information is exempt from disclosure where release could harm defence or security, including terrorism, sabotage, or espionage matters.

Information is exempt from disclosure before official publication if one of the listed harm-based conditions applies.

Certain confidential trade, research, scientific, technical, commercial, financial, or labour information is exempt from disclosure when disclosure could cause specified harm.

Information from a tax return or gathered to determine tax liability is exempt from disclosure, but it may be disclosed if the person it relates to agrees.

Some internal information of a public institution is exempt from disclosure, especially where release would reveal opinions, advice, recommendations, consultations, or deliberations and could undermine the deliberative process.

Information may be withheld from disclosure where disclosure could breach parliamentary privilege, harm a fair trial, affect impartial court or quasi-judicial adjudication, or amount to contempt of court.

Certain information is exempt from disclosure when it is privileged or would reveal confidential medical communications; the privilege can be knowingly waived.

Information about a person’s private affairs is exempt from disclosure when disclosure would be unreasonable.

Information is not exempt from disclosure when disclosure would reveal evidence of specified public-interest harms or wrongdoing, and a person who discloses or authorises disclosure under this section is not liable in criminal or civil proceedings.

Applications to access information held by a public institution must be made in writing with specified details, but oral requests are allowed if the applicant cannot write because of illiteracy or disability.

An application to access information must be handled by the information officer of the public institution.

An information officer must refer or transfer an application to the relevant public institution within 2 days, and give notice; if a transfer is received, the receiving institution must notify the applicant within 3 days. If the institution lacks the information, the officer must make enquiries and, if needed, transfer and notify within up to 10 days.

If a public institution gets an access-to-information request for information it knows is already in another public institution’s official publication, it must send the request to that institution and notify it of the request.

A public institution may defer access to information in limited cases, and the information officer must tell the applicant in writing within three days why access was deferred and how long the deferment is likely to last.

The information officer must decide access applications and notify the applicant within 14 days, with faster 48-hour action for life-or-liberty requests.

If the information officer cannot find requested information and reasonably believes it does not exist, the officer must issue a signed written notice to the applicant saying access cannot be given.

The head of the institution may extend the time for dealing with an application in specified cases, and an information officer must notify the applicant in writing within seven days if an extension is granted.

A public institution may stop processing an application if the applicant has not paid the prescribed fee in time, and it must notify the applicant in writing right away if it refuses.

A public institution may refuse access to information in two cases: if the request is manifestly frivolous or vexatious, or if the information is exempt. If access is refused, the information officer must notify the applicant in writing of the reason.

An applicant can get access to information in the requested form unless that form would harm preservation or is otherwise unsuitable; if another form is used, the applicant must be told why and cannot be charged more than the requested-form fee.

A person who has access to information in a public institution’s records may apply to amend it if it is their personal record and they think it is incorrect, misleading, incomplete, or out of date.

An applicant asking to amend information in a public institution’s records must file a written, signed application with identity details, enough particulars to identify the records, the specific error claimed, and an address for notice.

A person aggrieved by an information officer’s decision may ask the head of the public institution for internal review, unless this Act provides otherwise.

This section sets the procedure for applying for internal review, including a 30-day filing limit and filing/handling requirements for the information officer.

The head of a public institution must decide an internal review request within 15 days and notify the applicant in writing.

If the Commission notifies a public institution about a pending hearing or investigation, the head of that institution must tell the Commission which third parties are affected. The Commission must also take necessary steps to notify third parties, but it may skip notification if it considers that necessary.

If the head of a public institution does not decide on an internal review request within 15 days, the original decision is treated as affirmed.

An applicant refused access to information by a public institution may apply to the High Court for judicial review.

The High Court may take several steps in a judicial review, including requiring documents, inspecting premises, and summoning people, but it must keep proceedings in camera and not disclose exempt information to other parties.

The High Court may make an appropriate order after hearing the application and presentations, and if it orders access to information it must specify the period for giving that access.

Certain parties may be represented by a lawyer or call an expert witness.

The Commission is established as a body corporate and may acquire, hold, and dispose of property and enter into contracts for its functions.

The Commission’s object is to promote, monitor, protect, and enforce the right to information.

The Commission must act independently, must not be directed or controlled by any person or authority when performing its functions, and must submit its budget through the Minister responsible for Finance to Parliament for approval every year.

The Commission may set procedures and exercise powers for handling complaints, investigations, access-to-information matters, directions, notices, and representation.

The Commission has broad powers to request information, examine and keep information, handle complaints, conduct matters efficiently, hold hearings publicly unless inappropriate, and publish its decisions quarterly.

The Commission must promote access to information awareness, educate the public, support public institutions, and publish its annual report.

The Commission may carry out, or arrange for, research it thinks is necessary or appropriate, and it must report related research and reform work in its annual report to Parliament.

Public institutions and relevant private bodies must provide required reports to the Commission, and the Commission has monitoring and enforcement powers.

This section sets out the Commission’s Board, how its members are appointed, and what the Board and its members must do.

Board members serve for five years, may be reappointed once for another term, may resign by written notice to the President, and the President may end an appointment only in specified cases.

The Board must meet at least every three months, and the chairperson must call an extraordinary meeting when at least five members request one in writing.

A Board member with an interest in a matter must disclose the interest and must not take part in the Board’s deliberations on that matter.

The Board may establish committees and assign them functions. Committees may be made up of Board members, non-members, or both, and a committee may be chaired by a Board member.

Board members and committee members are entitled to allowances, but only if the Minister approves them in consultation with the Minister responsible for Finance.

A Board member must not, while in office, hold any office of profit or take part in partisan political activity.

The Commission must have an Executive Secretary, who is appointed by the President under article 195 of the Constitution.

The Executive Secretary runs the Commission’s day-to-day administration, answers to the Board, may do any other function the Board assigns, and may delegate functions to an officer of the Commission but remains ultimately responsible.

The President may appoint officers and other employees needed for the Commission’s effective implementation, in line with article 195 of the Constitution.

The President must appoint a Secretary to the Board, and the Secretary must carry out functions directed by the Executive Secretary or the Board.

The Commission may engage an expert to help it exercise powers, duties, or functions under the Act.

The Commission’s funds consist of Parliament-approved moneys, administrative penalties it imposes, and donations, gifts, and grants.

Commission money must be paid into a bank account opened for that purpose, and the account opening needs approval from the Controller and Accountant-General.

The Commission’s expenses must be paid from money provided for the Commission under section 60.

The Commission must keep its accounts records in the form approved by the Auditor-General, submit its accounts for audit within six months after the financial year ends, and the Auditor-General must audit them and send the audit report to the Commission and the Board.

The Commission must send an annual report to the Minister within 30 days after receiving the audit report, and the Minister must then send it to Parliament within one month.

A dissatisfied person may ask the Commission to review a decision, orally or in writing.

Before seeking review, the applicant must first exhaust internal review rights, and must exhaust Commission review rights before going to the High Court.

Section 67 lets certain people go directly to the Commission without using internal review first.

The Commission must give people concerned a reasonable chance to make representations, generally keep hearings open to the public, and may take several procedural steps in matters before it.

The Commission must notify relevant parties of specified findings, applications, hearing decisions, and court referrals, but may withhold notification or amend findings where notice would cause prejudice in the listed situations.

A public institution, a relevant private body, or an interested party must assist the Commission during an application or investigation.

The Commission must issue binding orders or recommendations on matters before it and provide written reasons free of charge to the parties.

Public institutions or relevant private bodies generally bear the burden of proof when refusing access to information; in some cases, the applicant bears that burden instead.

An information officer of a public institution, or a person designated as an information officer, must carry out the functions assigned to an information officer under the Act.

An information officer is protected from liability for actions or omissions taken in the course of duty when providing information under the Act.

Applicants for information must pay the Parliament-approved fee or charge, but several categories are exempt and some extra costs may be charged.

A public institution may retain charges received under the Act, but must use them only for expenses related to its functions and pay them into an approved bank account.

Public institutions must file an annual written report to the Commission within 60 days after 31 December each year, and the Minister must lay an annual report before Parliament by 30 June each year.

Exempt information becomes disclosable after 30 years, and the custodian public institution must give access unless disclosure would create specified safety or security risks.

The Act does not apply to information held by the national archives, libraries, or museums if the public can access it.

This Act applies to information created before or after the Act starts.

A person must not wilfully disclose information that is exempt from disclosure under the Act.

This section makes certain conduct an offence, including misusing access to records or information and falsifying or destroying documents, and sets penalties for conviction.

The Minister may make regulations, after consulting the Board, to require records to be kept in good and accessible condition and to extend the Act to the private sector.

This section defines key terms used in the Act, including access, information, public institution, Commission, and right to information.

If an older enactment requires disclosure of information, that disclosure is subject to this Act.

This section says the Act starts at the beginning of the next financial year and gives standard oath wording for office holders, including a secrecy promise.