Eric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

asked the Minister representing the Minister for Employment and Workplace Relations, upon notice, on 27 February 2012:

(1) Is the department aware of its obligations under section 11C of the Freedom of Information Act 1982 (the Act) in relation to the freedom of information disclosure log.

(2) Why do some documents mentioned in the disclosure log appear with the message, 'This document is not currently available for download. Please contact 1300 363 079 to request a copy'.

(3) Is the department in receipt of any advice suggesting that documents may not be published and can be substituted with a message.

(4) Why has the department failed to satisfy section 11C of the Act.

Joe Ludwig (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

The Minister for Employment and Workplace Relations has provided the following answer to the honourable senator's question:

(1) The department is aware of its obligations under section 11C of the Freedom of Information Act 1982 (the FOI Act) in relation to the freedom of information disclosure log.

(2) Sub-section 11C(3) of the FOI Act provides that with respect to the obligation to publish information in accessed documents, "the agency, or the Minister, must publish the information to members of the public generally on a website by:

  (a) making the information available for downloading from the website; or

  (b) publishing on the website a link to another website, from which the information can be downloaded; or

  (c) publishing on the website other details of how the information may be obtained."

The department complies with sub-section 11C(3) of the FOI Act by publishing documents in an accessible format or linking to another website (where possible) and where this is not possible, or impractical, by complying with paragraph 11C(3)(c) i.e. listing the information in the disclosure log and giving details of how the information may be obtained. Where a request is made for a document listed on the disclosure log, the document is then converted into an accessible format and published to the disclosure log.

(3) The department is not in receipt of any advice suggesting that documents may not be published and can be substituted with a message. The department relies on the plain meaning of paragraph 11C(3)(c) to underpin its approach to the disclosure log.

(4) The department has satisfied its obligations under section 11C of the FOI Act.