Information Publication Scheme and disclosure log summary

Agency Plan

ss 8(1) & 8(2)(a)

An Agency Plan showing:

• what information the agency proposes to publish (both required information (s 8(2)) and optional information (s 8(4))
• how, and to whom, the information is going to be published
• other ways the agency will comply with the IPS requirements

• The OAIC encourages agencies to review and revise their Agency Plan annually
• Agencies are also encouraged to publish their Agency Plan before 1 May 2011 and invite public comment

Agency Organisation Structure

s 8(2)(b)

Details of the structure of the agency’s organisation

• The level of detail to be included will depend on the agency and its audience (i.e. customers, clients)
• The information may be provided as a chart, supported by other information
• Any abbreviation, acronym or specialist description or term used in the organisation chart should be properly explained
• Although not required, it would be good practice to provide the name and contact details for each manager of a business unit

Statutory Appointments

s 8(2)(d)

Details of appointments of designated officers of the agency that are made under Acts (other than APS employees within the meaning of the Public Service Act)

This means officers:

• who are appointed to their position pursuant to statute
• appointed under an Act administered by the agency where the person does not qualify as an agency for Part 2 of the FOI Act
• who are appointed to a statutory office under legislation administered by another agency

Details of staff employed under general powers of appointment are not required to be published

These details should be published for each designated officer:

• name of the person appointed
• length or term of appointment
• position to which the person is appointed
• provision of the Act under which the person is appointed

s 8(2)(c)

Details of the agency’s functions including decision-making powers that affect members of the public (or any particular person or entity or class of persons or entities)

Agencies may consider publishing ‘optional information’ (s 8(4))about their incidental powers and functions (for example, property management and public affairs)

Operational Information

s 8(2)(j)

The agency’s operational information

Operational information is information held by an agency to assist it to perform its powers and functions, in making decisions or recommendations affecting members of the public (or any particular person or entity, or class of persons or entities)

• Information that is available to members of the public otherwise than by being published by the agency (s 8A(2))
• Exempt matter (s 8C(1))
• Information that is restricted or prohibited from publication under an enactment (s 8C(2))
• Information held by the agency to assist the agency to perform their incidental powers and functions

The publication of operational information ensures that individuals can be adequately informed

Agencies may consider publishing the following ‘optional information’ (s 8(4)):

• information published by other agencies that is relevant to their customers
• information held by the agency to assist the agency to perform or exercise incidental functions and powers (i.e. the agency’s corporate functions, like HR and finance)

Annual Reports

s 8(2)(e)

The information in annual reports prepared by the agency that are laid before the Parliament

For example:

• Annual Reports required under the Public Service Act
• Annual Reports required under the Commonwealth Authorities and Companies Act

It is open to agencies to publish other agency reports laid before Parliament as ‘optional information’ (s 8(4))

Parliamentary Information

s 8(2)(h)

Information routinely provided to Parliament in response to requests and orders from the Parliament

For example:

• Departmental file lists
• list of departmental contracts
• list of advertising/public information projects ( over $100,000)
• information requested from an agency by parliament through a committee.

• Answers provided to a Question on Notice in the Parliament
• An agency submission to a Parliamentary Committee

This requirement operates alongside the Guidelines for the Presentation of Documents to Parliament (PM&C Guidelines)

Agencies may consider publishing as ‘optional information’ (s 8(4)):

• answers provided to a Question on Notice in the Parliament
• agency submission to a Parliamentary Committee

Information routinely given through FOI access requests

s 8(2)(g)

Information in documents routinely accessed through FOI requests

• Personal information
• Business or professional affairs of any person
• Other information determined by the Information Commissioner to be unreasonable to publish

This requirement should be considered together with the ‘disclosure log’ requirements in s 11C.

Disclosure Log

s 11C

Information that has been released in response to an FOI request

• Personal information
• Business or professional affairs of any person
• Other information determined by the Information Commissioner to be unreasonable to publish

Consultation Arrangements

s 8(2)(f)

Details of consultation arrangements for the public to comment on policy proposals for which the agency is responsible

Details of how, and to whom, comments may be submitted

Targeted consultation undertaken for a specific purpose as required by statute

Contact Officers

s 8(2)(i)

Details of an officer who can be contacted about access to agency information or documents under FOI Act

These details should be published:

• name, telephone number and email address of an FOI contact officer
• generic details can be provided (i.e. FOI@
  agency.gov.au)