For an overview of the development of FOI law, particularly Commonwealth and NSW acts, see the 2010 Whitmore Lecture by The Hon. Justice Ruth McColl AO on the topic of “Freedom of Information a new paradigm” [paper].
Commonwealth/Federal Government
Freedom of Information Act 1982
as amended by:
- Freedom of Information (Removal of Conclusive Certificates and Other Measures) Act 2009 commenced on 7 October 2009. The Act repealed the power to issue conclusive certificates in the FOI Act and the Archives Act 1983.
Commencement details
The majority of the measures, including the establishment of the new Office of the Australian Information Commissioner commenced on 1 November 2010.
Other commencement details are:
* the Information Publication Scheme (new Part II of the FOI Act) - 1 May 2011.
* a requirement for agencies to publish information where access has been given under Part III of the FOI Act (new section 11C FOI Act) - 1 May 2011;
* changes to bring forward the ‘open access period’ in the Archives Act 1983 for most records from 30 years to 20 years which will begin on 1 January 2011 (records created in 1980 or 1981)- phased in over a ten year period so that a record created in 2000 will be in the open access period on 1 January 2021;
* changes to bring forward the ‘open access period’ in the Archives Act for Cabinet notebooks from 50 years to 30 years, which will begin on 1 January 2011- phased in over a ten year period so that a Cabinet notebook created in 1990 will be in the open access period on 1 January 2021.
State and territory laws
Queensland
Freedom of Information Act 1991 repealed, replaced by Right to Information Act, commenced 1 July 2009.
New South Wales
Freedom of Information Act 1989 repealed, replaced by Government Information (Public Access) Act, commenced 1 July 2010. Act amended with effect 19 March 2012 by Government Information (Public Access) Amendment Act 2012 No 7.
Tasmania
Freedom of Information Act 1991 repealed, replaced by Right to Information Act, commenced 1 July 2010
Western Australia
Freedom of Information Act 1992.
South Australia
Freedom of Information Act 1991
Victoria
Freedom of Information Act 1982
Freedom of Information Amendment (Freedom of Information Commissioner) Bill 2011-not commenced as at 12 June 2012.
Australian Capital Territory
Freedom of Information Act 1989
Northern Territory
Information Act 2002
