Administrative Circular
N723/13
11 November 2013
Distribution
Al Staff to see
Cc
-
EDRMS
10/23193
Reference
Responsible
International Legal Branch (http://dfatintranet.titan.satin.lo/_layouts/listform.aspx?PageType=4&ListId={1DBEB31A-ADCD-4BD0-
Branch
B7CD-7455AACB1AF5}&ID=463&RootFolder=*)
Subject: Freedom of Information - Responsibilities for management and processing of FOI
requests
On 1 November 2013, AusAID’s and DFAT’s Freedom of Information (FOI) functions were integrated. The Freedom of Information and Privacy Law Section (FPL)
central y manages the processing of al FOI requests to the Department. New FOI requests wil be directed to a consolidated xxx@xxxx.xxx.xx
(mailto:xxx@xxxx.xxx.xx) email address. Al AusAID records prior to 1 November wil now be treated as DFAT documents. Following is guidance for al staff
about the Department’s FOI obligations and processes.
The Freedom of Information Act 1982 (‘the FOI Act’) gives the public a legal right of access to documents in the possession of the Department. The FOI Act
general y requires agencies, if presented with a valid FOI request, to provide access to documents in their possession within certain timeframes and subject to
exemptions designed to protect the legitimate interests of government and third parties who deal with government.
Al work areas should promptly and comprehensively take action on any tasking from FPL to assist the Department to meet its obligations under the FOI Act
within the statutory timeframes. Failure to meet statutory timeframes can result in charges being waived, appeals to the Information Commissioner and negative
publicity for the Department. Detailed information on the FOI process including statutory timeframes, the document search and retrieval process, decision-
making and appeals processes, can be found in the Legal Handbook: http://dfatintranet.titan.satin.lo/Pages/Legal-Handbook-chapter7.aspx#_toc318474451
(/support-services/legal/legal-handbook/Pages/Legal-Handbook-chapter7.aspx#_toc318474451). FPL can provide additional advice to staff at any stage in the
process.
Decisions on release of documents under the FOI Act have been delegated by the Secretary to SES Band 1 officers. Decisions are general y made by the SES
Band 1 manager of the line area relevant to the subject matter of the FOI request. FPL can assist decision-makers with any queries concerning the application of
the FOI Act and the Office of the Australian Information Commissioner’s Guidelines. The Department’s Guidelines for FOI Decision-Makers can be accessed at:
http://www.dfat.gov.au/publications/foi-guidelines.html (http://www.dfat.gov.au/publications/foi-guidelines.html).
Departmental record-keeping policy requires staff to create ful and accurate records of their work including any ‘significant business transaction’ undertaken in
the course of conducting the business of the Department. The real possibility that documents may be released under the FOI Act reinforces the responsibility on
APS employees to maintain a professional tone in the records they make, whether on paper or in electronic form, including in emails. Information concerning
the Department’s recordkeeping policy can be found in Administrative Circular P1114 of 27 June 2012 or accessed directly at:
http://dfatintranet.titan.satin.lo/edrms/Pages/DFAT-Records-Management-Policy.aspx (/support-services/records-management/Pages/DFAT-Records-
Management-Policy.aspx).
Ministerial Submissions
Where documents that are being released under the FOI Act contain material of a sensitive or high-profile nature, the line area is responsible for preparing a
submission, in consultation with the Media Liaison Section and FPL, to inform the Minister of the prospective release to the applicant and publication on the
Department’s FOI Disclosure Log. Line areas should also consider the need to prepare talking points.
FOI Disclosure Log
The Department is required to publish a disclosure log on its website which includes a link to documents released in response to FOI requests (subject to some
exceptions, for instance, documents containing personal information). The FOI disclosure log on DFAT’s website has been updated to incorporate releases made
by AusAID prior to 1 November.
Contact Point for FOI Matters
Any inquiries from the public about FOI matters should be referred to the Director of the FPL Section on 6261 3056 or by email to xxx@xxxx.xxx.xx
(mailto:xxx@xxxx.xxx.xx)
Chris Moraitis
Deputy Secretary
Deputy Secretary
DFAT Intranet
