Two, the significance if any of differences in the wording of the two relevant sections of the act. Section 11C headed "Publication of information in accessed documents" doesn't refer, as section 8 does, to publication of information in documents "routinely given", but to information (presumably any) where an agency or Minister has given a person access in response to an access application. The former seems narrower than the latter, which goes beyond the similar schemes introduced and operating in the reform states. Those disclosure log requirements are limited to publication of information released that is or may be of interest to the community generally. They don't appear to have given rise to the problem raised in Parnell's article although it's early days for the NSW and Tasmanian schemes, and Hobart and Brisbane are one paper cities. Presumably a larger pool will be keen to pick up any morsels released to someone else when this becomes a requirement under Commonwealth law.
(1) An agency must prepare a plan showing the following:
(a) what information the agency proposes to publish for the purposes of this Part;
(b) how, and to whom, the agency proposes to publish information for the purposes of this Part;
(c) how the agency otherwise proposes to comply with this Part.
(2) The agency must publish the following information:
(a) the plan prepared under subsection (1);
(b) details of the structure of the agency’s organisation (for example, in the form of an organisation chart);
entity, or class of persons or entities);
(d) details of appointments of officers of the agency that are made under Acts (other than APS employees within the meaning of the Public Service Act 1999);
(e) the information in annual reports prepared by the agency that are laid before the Parliament;
(f) details of arrangements for members of the public to comment on specific policy proposals for which the agency is responsible, including how (and to whom) those comments
may be made;
(g) information in documents to which the agency routinely gives access in response to requests under Part III (access to documents), except information of the following kinds:
(i) personal information about any individual, if it would be unreasonable to publish the information;
(ii) information about the business, commercial, financial or professional affairs of any person, if it would be unreasonable to publish the information;
(iii) other information of a kind determined by the Information Commissioner under subsection (3), if it would be unreasonable to publish the information;
(h) information held by the agency that is routinely provided to the Parliament in response to requests and orders from the Parliament;
(i) contact details for an officer (or officers) who can be contacted about access to the agency’s information or documents under this Act;
(j) the agency’s operational information (see section 8A).
Note: If operational information is not published in accordance with this section, a person must not be subjected to any prejudice as a result (see section 10).
(3) The Information Commissioner may, by legislative instrument, make a determination for the purposes of subparagraph (2)(g)(iii).
(4) The agency may publish other information held by the agency.
(5) This section applies to a function or power of an agency whether or not the agency has the function or power under an enactment.
Note 1: See section 8C for restrictions on the requirement to publish this
Note 2: The agency must have regard to the objects of this Act and guidelines
issued by the Information Commissioner in performing functions, and
exercising powers, under this section (see section 9A).