The object of the Freedom of Information Act 1989 (the FOI Act) is to extend as far as possible the right of the Australian community and, in particular, the citizens of the ACT, to access information in the possession of the Territory by:
- making available to the public information about the operations of agencies and, ensuring that rules and practices affecting members of the public in their dealings with agencies are readily available to persons affected by those rules and practices; and
- creating a general right of access to information in documentary form in the possession of Ministers and agencies, limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons in respect of whom information is collected and held by agencies.
Section 7 Statement
Section 7 of the FOI Act requires the Directorate to prepare and publish a statement outlining the Directorate's organisation, functions and decision-making powers, the categories of documents available, and facilities available to the public for accessing the documents; the section 7 statement is current at 30 June 2013.
Organisation, Function and Decision Making-Powers
CMTD provides strategic advice and support to the Chief Minister, the Treasurer, the Minister for Workplace Safety and Industrial Relations, and the Cabinet.
The Directorate is responsible for:
- the provision of direction and coordination across the ACTPS on policy and strategy, managing the ACT's intergovernmental relationships and supporting the Chief Minister's role on COAG;
- advising the Government and agencies on the Territory's budget, management of the Government's financial assets and liabilities, including superannuation liabilities and investments, economic policy and advice, and federal financial relations;
- strategic planning and direction on public sector standards, including ACTPS employment, workforce culture and capability, industrial relations and work safety, the implementation of machinery of government changes, and the promotion of ethics and accountability;
- ACTPS communications, community engagement, provision of public affairs advice and planning and delivery of the Centenary of Canberra; and
- supporting the Head of Service, the ACTPS Strategic Board and its sub-committees.
A list of legislation under which the Directorate and its officers administer, or exercise statutory powers, is included in section B.4 Legislative Report.
Public Participation in Decision-Making
Arrangements for public participation in decision-making include public submissions to inquiries; discussion at public meetings; consultative committees for specific purposes; access to records through FOI requests; comments on draft documents; comments on Bills before the Legislative Assembly; and contact with the relevant Minister.
Categories of Documents
The Directorate holds two basic categories of documents:
Documents available on request and without charge
Documents within this category include publications produced by the Directorate on various aspects of its activities. These are available on request from the Directorate and may also be available on the Directorate's website or on the ACT Government Contracts Register which lists contracts made by the Territory, over the value of $25,000.
Documents of other kinds that may be available under the FOI Act
- General files - including internal and public documents, minutes of meetings of management and other committees, agendas and background papers, policy statements, and financial and staffing estimates
- Communications with other directorates
- Program and policy files
- Photographs, videos and films
- Maps, plans and brochures
- Technical reports and discussion papers
- Financial and accounting records
- Details of contracts and tenders
- Files on applicants and clients
- Records of government including the machinery of government
- Leases and deeds of agreement
Facilities for Access
Those seeking information are encouraged to contact the Directorate before resorting to the more formal FOI procedure. In many cases, it may be possible to access information more quickly and efficiently through such an approach.
CMTD is located in the Canberra Nara Centre, corner of Constitution Avenue and London Circuit, Canberra City. Several bus stops are close to the Nara Centre in London Circuit. Short-term car parking is located opposite the Centre and a disabled car park space is available on Nangari Street.
Information regarding bus routes and timetables can be obtained from Transport Canberra, or by telephone 131 710.
FOI requests should be directed to:
FOI Coordinator
Chief Minister and Treasury Directorate
GPO Box 158
CANBERRA ACT 2601
Telephone: +61 2 6205 0238
Fax: +61 2 6207 5886
Section 8 Statement
Section 8 of the FOI Act requires directorates to prepare an index of documents that are used in making a decision or recommendation under an enactment or scheme. The statement is current as at 30 June 2013 and is available from the Directorate's FOI Coordinator or the Directorate's website.
Section 79 Statement
In accordance with section 79(2) of the FOI Act, the Directorate provides the following information regarding FOI requests received by CMTD during the reporting year. Access decisions in relation to FOI requests are categorised as full release, partial release, entirely exempt, technical refusal (no documents located), still being processed, transferred and withdrawn.
In 2012-13, the Directorate received a total of 18 new requests, and carried over four requests from 2011-12, including one from the previous Treasury Directorate. The Directorate received three internal review requests in 2012-13.
Of the total of 22 FOI requests:
- nine had decisions completed during the year;
- seven were ongoing as at 30 June 2012; and
- the Directorate was waiting for responses from applicants for six requests where it had requested a revision/clarification of the scope of the requests, or where it had advised that processing charges would be imposed.
The three internal reviews were completed during the year.
Comparative Statistics on FOI Requests from 1 July 2010 to 30 June 2013
Applicant Type
(For requests received during the year, excluding requests carried over from the previous year where decisions on access had not been completed within the reporting period.)
| 2012-13 | 2011-12 | 2010-11 | ||||
|---|---|---|---|---|---|---|
| Applicant Type | No. | % | No. | % | No. | % |
| ACT Legislative Assembly Member | 8 | 44% | 23 | 61% | 15 | 44% |
| Member of the Public | 6 | 33% | 8 | 21% | 8 | 23% |
| Legal | 3 | 17% | 1 | 3% | 4 | 12% |
| Company | 0 | 0% | 0 | 0% | 2 | 6% |
| Media | 1 | 6% | 4 | 11% | 4 | 12% |
| Organisation/Association | 0 | 0% | 2 | 5% | 1 | 3% |
| Total | 18 | 100% | 38 | 100% | 34 | 100% |
Outcomes of FOI Requests
(Includes decisions on requests received during the year and on requests carried over from the previous year.)
| 2012-13 | 2011-12 | 2010-11 | ||||
|---|---|---|---|---|---|---|
| Decision | Decision Numbers | % | Decision Numbers | % | Decision Numbers | % |
| Full Release | 1 | 11% | 4 | 17% | 5 | 15% |
| Partial Release | 7 | 78% | 13 | 54% | 21 | 64% |
| Full Exemption | 0 | 0% | 0 | 0% | 1 | 3% |
| Technical Refusal (No Documents Exist) | 1 | 11% | 5 | 21% | 4 | 12% |
| Withdrawn | 0 | 0% | 2 | 8% | 2 | 6% |
| Total | 9 | 100% | 24 | 100% | 33 | 100% |
| Transfer to another agency1 | 0 | 3 | 2 | |||
| Request carried over into the next year | 7 | 3 | 4 | |||
| Awaiting response from applicant on scope revision/clarification or impose charges2 | 6 | 11 | ||||
- Where CMTD does not have relevant documents, but they are likely to be in the possession of another agency.
- Included one Treasury Directorate request carried over from the previous year.
Request Response Times
(excludes withdrawn and transferred requests)
| Year | 0-30 Days | 31-45 Days | 46-60 Days | 61-90 Days | 90+ Days |
|---|---|---|---|---|---|
| 2013-12 | 3 (33%) | 0 | 4 (45%)1 | 2 (22%)1 | 0 |
| 2011-12 | 9 (41%) | 6 (27%)1 | 3 (14%) | 1 (5%)1 | 3 (14%) |
| 2010-11 | 13 (42%)1 | 3 (10%) | 5 (16%)2 | 3 (10%)1 | 7 (23%)2 |
- Included consultation period for one request.
- Included consultation period for four requests.
In processing requests, the Directorate makes every effort to comply with the required timeframes. There were, however, situations where requests were completed outside the statutory timeframe. In situations where it appears that the thirty-day timeframe for a response will not be met, the Directorate will advise the applicant and request an extension of time.
Under sections 26, 27 and 27A of the Act, the Australian and state Governments, commercial organisations and private individuals must be consulted where their interests may be adversely affected by the release of documents. Subsection 18 of the Act provides for the thirty-day timeframe to respond to an FOI request to be extended by thirty days for documents on which third-party consultation was necessary.
Other reasons for the extended response times were:
- the amount and complexity of information to be examined and the release decisions required in relation to some of the applications; and
- particular workload and resource issues within the Directorate at the time.
Requests for Internal Review
| Requests for Internal Review (including Carryover Requests) | Affirmed | Partial Release | Overturned | Ongoing |
|---|---|---|---|---|
| 3 | 1 | 2 |
Applications to the ACT Civil and Administrative Tribunal (ACAT) for Review
| Requests to ACAT | Affirmed | Overturned | Ongoing | Withdrawn |
|---|---|---|---|---|
| 1 | 11 | 1 |
- Decision on a review relating to a Treasury Directorate FOI request from a previous reporting period.
Fees and Charges
In accordance with section 28 of the FOI Act and the Attorney General (Fees) Determination 2012, the Directorate may decide an applicant is liable to pay a charge in respect of a FOI request.
No charges were collected by the Directorate during 2012-13.
Requests to Amend Personal Records (section 48)
No applications were made to amend personal records.
Further information can be obtained from:
FOI Coordination Area
+61 2 6205 0238
