Freedom of Information

The Northern Territory Information Act allows members of the public to seek access to Government Information held by the Department of Business and Employment (DBE).

Freedom of Information (FOI) and Privacy – The Information Act
What is Freedom of Information (FOI)?
Who can apply for information under FOI, and what is available?
What information is publicly available?
How do I request information?
How much will it cost?
How can I pay?
How long does it take?
What is Privacy?
Types and Use of Personal Information We Collect
What if the personal information is incorrect?
What if I am not happy with the process or information provided?
Departmental structure and history (DBERD)
Contact Information
Links
Forms

Freedom of Information (FOI) and Privacy – The Information Act

The Northern Territory Information Act (the Act) became effective on the 1st July 2003, and is unique in Australia in providing for related issues of Freedom of Information (FOI), privacy and records management together in one piece of legislation. The Act provides a legal right of access to government information, the correction of personal information held by the public sector, the protection of personal information through Information Privacy Principles (IPP’s), effective and responsible records management, and the appointment of an independent officer, The Information Commissioner for the Northern Territory to oversee the FOI and Privacy provisions of the Act.

Note: Information held by Commonwealth Government agencies is not covered within the Northern Territory Information Act. Information relating to FOI for the Commonwealth Government can be found on the Commonwealth Attorney-General’s Department FOI website.

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What is Freedom of Information (FOI)?

Freedom of Information (FOI) gives individuals the right to apply for access to NT Government information and personal information held by the Territory Government. Government information is records that are required to be kept by NT Government public sector agencies as evidence of their activities.

The aim of Freedom of Information (FOI) is to enhance accountability and participation in our democratic system of government.

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Who can apply for information under FOI, and what is available?

A person has a right to apply for access to government information other than personal information. Who the person is or why they are requesting the information does not affect this right. Information may be in a number of formats, including hard copy and electronic documents, maps, films, microfiche, photographs, computer records and printouts, emails, CD’s, DVD’s and tape recordings. This does not cover documents that may have existed but may have been destroyed in accordance wit approved disposal processes.

There is a large volume of information already available without a formal FOI request. However some documents may contain “exempt material” as defined in the Act, and as such may not be available for public release in their entirety or exempt information deleted. Example of exempt material includes:

Documents that:
- affect the personal affairs of another person;
- contain commercially confidential matters;
- undermine law enforcement;
- contain information supplied in confidence;
- are covered by secrecy provisions in other legislation;
Cabinet documents;
Some internal working documents;
Legal professional privilege, such as legal advice.

What information is publicly available?

The Department of Business and Employment (DBE) has a number of publications available to the public at no cost. (List still under construction)

How do I request information?

A formal application should be made in writing either by using an Application Form or by letter. Applications must be in writing and contain the following information:

Name of the applicant;
Contact details including an address to which correspondence can be sent regarding the application;
Sufficient details to identify the information requested;
Identification to satisfy the organisation as to your identity; and
Payment of the Application Fee (for government information only).

How much will it cost?

There are costs associated with providing information. These are set out by the Act and the Commissioner.
If your application is for your personal information only there is no application fee, however you may have to pay for the cost of providing access, eg. 20c per page for A4 copies of documents requested.

Applications for information not limited to personal information attract an Application Fee of $30. There are costs associated with processing your application, including searching, consultation and decision making time.

Fees can be waived or reduced in limited circumstances. Application for consideration is necessary.

For more information and details on the fee structure, please refer to the Office of the Information Commissioner NT website.

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How can I pay?

Applications can be paid by the following methods:

In person: Cash, cheque (made out to “Receiver of Territory Monies”) or credit card at the Territory Business Centre, or any DCIS Receiver of Territory Monies (RTM) Office;
Pay be phone: Credit Card (Mastercard, Bankcard and Visa only) can be made to the DCIS RTM in Alice Springs on (08)8951 6491 or Darwin (08)8999 1628;
By Post: If posting in your application for government information, please include a cheque or money order to the value of $30.00 made out to “Receiver of Territory Monies”. Do not send cash through the mail.

How long does it take?

The organisation has 30 days from receipt of a valid application to locate the information you have requested and provide you with a decision in writing about whether you have been granted access. However, time period can be extended should:

Further time is required to consult with a third party;
The application relate to a large amount of information;
Extensive searches are required to locate the information;
Complying with the period would unreasonably interfere with the operations of the agency; or
The agency transfers your application to another agency – The first agency has 15 days to transfer your application with the receiving agency then has 30 days from the date of transfer to make a decision.

The 30 days does not include time spent waiting for your response to an estimate of processing fees provided by the agency.

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What is Privacy?

Privacy controls how the Territory government collects, manages, uses and discloses personal information. The rules that protect our privacy are set out in the 10 Information Privacy Principles (IPP’s) that are included in the Act. The Act allows you the right to apply for access to your personal information held by the Northern Territory Government Department, and the right to request correction of your personal information held in Departmental records if the information is incomplete, inaccurate, or out-of –date.

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Types and Use of Personal Information We Collect

An agency or department may only collect information from you that is necessary for its functions and activities. This must be done in a lawful and non-obtrusive manner. The types of personal information that we collect will depend on the service we provide and the information that you may require from this department. Some of our business areas may have specific requirements or powers under legislation for the collection of certain types of sensitive information, such as a criminal record.

The primary purpose for collecting information from you is essential to provide the services that we offer or you are applying for, and is only used in accordance with the Information Privacy Principles detailed in the Schedule of the Act.

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What if the personal information is incorrect?

You can apply to have personal information about you corrected on the grounds that it is inaccurate, incomplete or out-of-date. This must be made with the organisation that holds the information, is done through making an Application To Correct Personal Information, or by providing the organisation with the following information in writing:

Your name and an address for correspondence;
Giving enough detail to identify the information you want corrected;
Details of why you believe the information is inaccurate, incomplete or out of dat; and
Specify the correction you want to make

What if I am not happy with the process or information provided?

Under the Act, you have a right of review or a right to complain. Initially you can apply to the organisation for an internal review. If you are not satisfied with the internal review, you can make a complaint to the Information Commissioner.

There are time limits imposed, by the Act, on how long you have to ask for an internal review or to make a complaint. For more information regarding Complaints and Appeals, please refer to the Office of the Information Commissioner’s website.

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Departmental structure and history (DBE)

The Department of Business and Employment was created in July 2008, from the former Business, Economic and Regional Development (DBERD), Department of Corporate and Information Services (DCIS) and Employment from the Department of Employment, Education and Training (DEET). DBERD was created in July 2005 from the former Department of Business, Industry and Resource Development (DBIRD). The previous Department split to create DBERD and the Department of Primary Industries, Fisheries and Mines.

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