Freedom of Information and Privacy in Australia Information Access 2.0, 2nd edition

Freedom of Information and Privacy in Australia: Information Access 2.0, 2nd edition provides a comprehensive analysis of the three main statutory regimes which regulate access to public sector information in Australia and offers critical perspectives on their operation, having regard to underlying objectives and the broader context in which they operate. It highlights the law reform issues.

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ISBN/ISSN: 9780409339116
Release Date: October 01, 2015
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AUD$ 263.00
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ISBN/ISSN: 9780409339123
Release Date: October 01, 2015
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Product description

There have been many important changes in Australian government access laws over the past decade, including law reforms which have substantially affect three of the main laws discussed in this book. The Commonwealth Freedom of Information Act has been substantially amended incorporate many important features of second generation FOI laws including:

  • A new presumption of openness as reflected in a new objects clause and provisions which spell out criteria to be taken into account and not taken into account in making decisions involving public interest tests.
  • The creation of a new Office of the Australian Information Commissioner with responsibility for monitoring the Act and providing review of FOI access decisions.
  • New requirements for agencies to proactively publish specific information and to maintain FOI disclosure logs
  • A requirement for Commonwealth agencies to implement contractual measures to ensure access to documents held by contracted service providers The Commonwealth Privacy Act has been amended in three important respects:
    • It now includes a set of new, harmonised, privacy principles which regulate both government agencies and private sector organisations via a set of Australian Privacy Principles (APPs) which have replaced the existing Information Privacy Principles (IPPs) National Privacy Principles (NPPs).
    • It provides the Privacy Commissioner with enhanced powers, including powers to accept enforceable undertakings, seek civil penalties in the case of serious or repeated breaches of privacy and conduct assessments of the privacy performance of both government agencies and private sector organisations.
    • It makes changes to credit reporting requirements including allowing the reporting of information about an individual’s current credit commitments and their repayment history information.

The NSW FOI Act has been repealed and replaced by the Government Information (Public Access) Act 2009. This contains similar second generation features to those outlined above in relation to the Commonwealth amendments.

The Victorian FOI Act has been amended to create a new FOI Commissioner who reports directly to Parliament through a joint parliamentary committee, the Accountability and Oversight Committee. The Commissioner responsibility for responsibility for monitoring the Act and providing review of some FOI access decisions.

Both transparency and privacy have become very topical in the light of the Wikileaks and Snowden saga and debates that this have generated.

This text provides a clear exposition of the different legal regimes that govern access to, and amendment of, government information, including freedom of information laws, information privacy laws, health records laws and public records laws.

Features

  • Coverage of the important changes in Australian government access laws over the past decade, including law reforms which have substantially affect three of the main laws discussed in this book.
  • Comprehensive analysis of the three main statutory regimes

Related Titles

Cremean , Freedom of Information: What you need to Know, 2015
LexisNexis Legislation Series: Intellectual Property Collection 2014
Stewart et al , Intellectual Property in Australia, 5th ed, 2014

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Table of contents

Chapter 1: Overview, Interrelationships and Contexts


Chapter 2: Overview of the Legislation


Chapter 3: Publication Requirements


Chapter 4: Access and Amendment under Freedom of Information Laws


Chapter 5: Access and Amendment under Information Privacy and Public Records Laws


Chapter 6: Exemption Provisions: Introductory Issues


Chapter 7: Exemptions which Protect Third Party Interests


Chapter 8: Access Exemption Provisions Protecting the Internal Processes and the Business Affairs of Agencies


Chapter 9: Access Exemption Provisions Protecting Governmental and Public Interests


Chapter 10: Review of Freedom of Information Decisions


Chapter 11: Review under Information Privacy and Public Records Laws


Chapter 12: Overview and Future Directions


Appendix I. Summary of Privacy Principles


Appendix II. Summaries of Other States’ and Territories’ Legislation


Appendix III. Useful Resources