Freedom of Information and Privacy

The Information Act came into operation on 1 July 2003. It 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 (IPPs), effective and responsible record keeping and records management, and the appointment of an Information Commissioner who may review decisions made by public sector organisations under the Information Act.

Freedom of Information (FOI) is about enhancing government accountability and transparency
Privacy complaint to Information Commissioner:
 
Objects of the Information Act

(1) The objects of this Act are –

(a) to provide the community with access to government information by –

(i) making available to the public information about the operations of public sector organisations and, in particular, ensuring that rules and practices affecting members of the public in their dealings with public sector organisations are readily available to persons affected by those rules and practices; and

(ii) creating a general right of access to information held by public sector organisations limited only in those circumstances where the disclosure of particular information would be contrary to the public interest because its disclosure would have a prejudicial effect on essential public interests or on the private and business interests of persons in respect of whom information is held by public sector organisations;

(b) to protect the privacy of personal information held by public sector organisations by –

(i) providing individuals with a right of access to, and a right to request correction of, their personal information held by public sector organisations;

(ii) establishing a regime for the responsible collection and handling of personal information by public sector organisations; and

(iii) providing remedies for interference with the privacy of an individual's personal information;

(c) to establish an independent officeholder, the Information Commissioner, to oversee the freedom of information and privacy provisions of this Act; and

(d) to promote efficient and accountable government through appropriate records and archives management by public sector organisations.

(2) This Act is intended to strike a balance between competing interests by giving members of the community a right of access to government information with limited exceptions and exemptions.

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Purpose of the Information Regulations

The Purpose of the Information Regulations is to provide for application and processing fees, with the Schedule to the Regulations outlining the different rates charged for the services and materials required to provide the information.

For more information on the cost of an application, see “Is there a Cost?”

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History and Structure of the Department

The Department of Justice was formed in November 2001 and includes:

  • Community Justice Centre (commenced operation in 2003)
  • Consumer and Business Affairs
  • Correctional Services
  • Coroner’s Office
  • Court Support Services
  • Fines Recovery Unit
  • Lands and Mining Tribunal
  • Legal Services (Solicitor for the Northern Territory (ex Attorney-General’s Department))
  • Mental Health Review Tribunal
  • Office of Crime Prevention
  • Office of the Public Trustee
  • Office of the Registrar-General, incorporating
    • the Births, Deaths and Marriages Office, and
    • the Lands Titles Office
  • Solicitor General

The Department administratively incorporates a number of independent offices or commissions:

  • the Anti-Discrimination Commission;
  • the Legal Aid Commission;
  • the Office of the Director of Public Prosecutions; and
  • the Office of the Information Commissioner.

The Annual Report is available in libraries and the Internet. It provides further details about the different areas within the Department of Justice.

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Publicly available Information

The Department of Justice has a number of publications available to the public at no cost.

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What is Freedom of Information?

Freedom of Information (FOI) gives individuals the right to apply for access to all kinds of personal and Territory government information. Who the person is, or why the information is requested, does not affect this right.

Freedom of Information (FOI) is about enhancing government accountability and transparency.

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What is Privacy?

Privacy is important where the public sector collects, holds or works with personal information. Personal information means government information that is recorded in any way or form, whether true or not, from which a person’s identity is apparent or is reasonably able to be ascertained. For the purposes of an application, personal information means government information that is the applicant’s information.

There are ten Information Privacy Principles (IPPs). The IPPs provide the framework for the collection, use and disclosure of personal information and the secure storage and accuracy of personal information. The IPPs also provide for access to agency-specific policies governing the management of personal information and access to that personal information, subject to certain limitations, upon request. They also allow for the correction of personal information if it is inaccurate, incomplete or out of date. They are published in the Schedule of IPPs in the Information Act.

The Department of Justice takes reasonable steps to provide a secure environment and reliable systems to ensure the protection of personal information by complying with the IPPs.

The Privacy Policy sets out how the Department of Justice collects and handles all personal information.

The Information Statement sets out how to access information held by the Department, how to correct information held by the Department, whether the information may be inspected, whether a fee is necessary, whether the information may be purchased or is distributed without a fee and how it may be inspected or obtained. This Statement also outlines the structure and functions of the various divisions of the Department, including which area collects what types of information, the means by which the information is available and how it may be accessed if it is not freely available.

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What can I apply for?

The Act applies to government information created after 1 July 1993 and to personal information the Department holds, regardless of when the Department created or received the information.

Government information means records required to be kept by Northern Territory public sector organisations as evidence of their activities and may include paper records, computer records, audiotapes, videotapes and CDs. It includes information about people and information about businesses.

The information is limited to records held by the organisation. It does not cover knowledge or views held by staff unless they have been recorded and are required to be kept as evidence of the activities or operations of the Department. It does not cover documents that once existed but have been destroyed in accordance with the Department’s record keeping policy and the Northern Territory Government’s Disposal Schedule for Administrative Records. [see the section on Records Management]

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How do I apply?

Forms to apply for access to information and forms to apply to correct information are available from the Internet or at the front counter of those areas of the Department that provide access to the public. There is an application fee of $30 for access to information, where that information is non-personal information or a combination of personal and non-personal information. Application fees may be paid by personal cheque or money order or at any RTM.

Application forms, and the application fee if applicable, should be posted to

Information Coordinator
Department of Justice
PO Box 1722
DARWIN NT 0801

Application forms may also be personally handed to Registry staff in the Magistrates Courts throughout the Territory.

For more information about the Information Act please contact the Information Officer in your area.

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Will I get Access to Everything?

The legal right to access extends to any government information unless there is a good reason for refusing access.

The Act does provide for categories of information that are exempt from disclosure generally or where in a particular case, disclosure would not be in the public interest.

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What information is exempt from disclosure and when is disclosure not in the public interest?

Part 4 of the Act sets out what government information is exempt from disclosure and the types of situations where disclosure of government information is not in the public interest.

Government information is exempt only if it can be shown that it is not in the public interest to disclose the information. It is irrelevant to the decision that disclosure may possibly result in embarrassment to, or lack of confidence in, the Territory Government or a public sector organisation; or that the applicant may misunderstand the information disclosed.

Examples of government information that may be exempt include where disclosure would affect inter-governmental relations, disclose deliberative processes of a public sector organisation or the effective operation of public sector organisations, the health and safety of a person or the environment, or be a breach of confidence for which a legal remedy could be obtained, or interfere with a person’s privacy or traditional Aboriginal cultural information.

Generally, the release of information is not in the public interest if disclosure would prejudice security of the country or the maintenance of law and order. Information about the deliberations of Cabinet or the Executive Council is exempt, as could information that would, if disclosed, expose a business unreasonably to disadvantage.

The Information Commissioner’s website provides more information on the public interest and exemptions

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Is there a Cost?

There is no application fee if the request is for personal information only. However, there may be a cost of providing access, for example the cost for A4 photocopied pages of documents requested.

There is a $30.00 application fee if the application is not limited to personal information. There are additional costs for processing the part of the application that is not for personal information, such as searching for the information, consultation and decision making.

More details about costs are available from the Information Commissioner’s website on http://www.nt.gov.au/justice/infocomm/foi/cost.shtml

In limited circumstances, fees may be waived or reduced. An application for waiver or reduction of fees may be made to

Information Coordinator
Department of Justice
PO Box 1722
DARWIN NT 0801

The application will be considered having regard to the circumstances of the application, the applicant’s financial situation and the objects of the Act. If you think there are special circumstances that warrant waiver or reduction of fees, please contact the Information Coordinator.

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What can I do to help speed up an Application?

The amount of work involved in providing access to information can be significantly reduced if the applicant is as specific as possible about the information they request. For example:

  • Asking for “everything you have about me” is too broad.
  • Asking for “information about an X incident on a Y day and Z place, that involved A, B and C and provided correspondence up until D date” is specific and will allow quick location of the requested documents.

Providing as much detail as possible allows a faster response, with reduced fees and/or charges.

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What about Commonwealth Agencies and private Organisations?

The Information Act of the NT does not apply to Commonwealth agencies or private businesses. There is a Commonwealth FOI Scheme and a Commonwealth Privacy Scheme for access to information held by Commonwealth Government agencies.

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Records Management

Part 9 of the Act sets up a framework for the making and keeping of records by public sector organisations.

Each public sector organisation must –

(a) keep full and accurate records of its activities and operations;

(b) implement the practices and procedures for managing its records necessary for compliance with the standards applicable to the organisation; and

(c) make arrangements for the archives service to monitor the management of its records.

The Northern Territory Archives Service must –

(1) Prepare standards for managing records

(2) The matters that are to be dealt with in a standard include but are not limited to the following:

(a) the creation, maintenance and security of records;

(b) the appraisal of records to determine their continuing value;

(c) the transfer of records with archival value to the Territory Archives;

(d) the disposal (including by destruction) of records with no archival value.

(3) In preparing a standard, the Archives Service –

(a) must seek comments or submissions from the public sector organisation to whom the standard is intended to apply;

(b) must consult with the Commissioner to ensure that compliance with the standard is consistent with the objects of this Act; and

(c) may seek comments or submissions from any other person the archives service considers appropriate.

Standards may deal with issues like the creation, maintenance, security and disposal of records. The standards are approved by the Minister.

The Northern Territory Archives Service also provides advice to organisations on compliance with the standards and monitors the management of government records.

There are a number of offences relating to mishandling government records, including inappropriate alteration, damaging or disposing of records.

Part 9 of the Act also deals with managing the archives of government organisations, including determination of open access periods.

The Northern Territory Archives Service website provides more information about the records and archives management provisions and also provides records management standards.