The content on this page and other DBCDE document archive pages is provided to assist research and may contain references to activities or policies that have no current application. See the full archive disclaimer.
Appendix 6 Freedom of information
This statement is provided in accordance with section 8 of the Freedom of Information Act 1982 (the FOI Act) and is correct as at 30 June 2009.
Section 8 of the FOI Act requires each agency to publish detailed information about its functions, decision-making powers that affect the public, and arrangements for public involvement in the formulation of policy and work of the agency. Agencies are also required to publish the categories of documents held by the agency and details of how members of the public can access the documents.
Organisation and functions
Information about the organisation and functions of the Department is contained in the Overview and Management and Accountability sections of this annual report. Information can also be found on the Department’s internet site at www.dbcde.gov.au.
Decision-making powers
Decision-making powers of the Department and/or the Minister that may affect members of the public are exercised under, or in relation to, the following Acts or other instruments made under those Acts that are administered by the Minister:
- Australian Broadcasting Corporation Act 1983
- Australian Communications and Media Authority Act 2005
- Australian Postal Corporation Act 1989
- Broadcasting Services Act 1992
- Datacasting Charge (Imposition) Act 1998
- Datacasting Transmitter Licence Fees Act 2006
- Do Not Call Register Act 2006
- Interactive Gambling Act 2001
- National Transmission Network Sale Act 1998
- NRS Levy Imposition Act 1998
- Radiocommunications Act 1992
- Radiocommunications (Receiver Licence Tax) Act 1983
- Radiocommunications (Spectrum Licence Tax) Act 1997
- Radiocommunications Taxes Collection Act 1983
- Radiocommunications (Transmitter Licence Tax) Act 1983
- Radio Licence Fees Act 1964
- Spam Act 2003
- Special Broadcasting Service Act 1991
- Telecommunications Act 1997
- Telecommunications (Carrier Licence Charges) Act 1997
- Telecommunications (Consumer Protection and Service Standards) Act 1999
- Telecommunications (Numbering Charges) Act 1997
- Telecommunications (Universal Service Levy) Act 1997
- Television Licence Fees Act 1964
- Telstra Corporation Act 1991
- Trade Practices Act 1974, Parts XIB and XIC
Arrangements for outside participation and public involvement
The Department is open to the views of outside organisations and provides opportunities for members of the community to contribute to developing aspects of Australia’s telecommunications, broadcasting, communication technology sectors, and the digital economy. Information about issues on which the Department is currently consulting is available on the Department’s website at 
www.dbcde.gov.au/consultation_and_submissions.
The Department has an ongoing involvement with various external bodies, several of which are listed below. These may also play a role in consulting with the community and industry:
- Australian Communications Consumer Action Network
- Australian Community Television Association
- Australian Mobile Telecommunications Association
- Australian Subscription Television and Radio Association (ASTRA)
- Australian Telecommunications User Group
- Australian Community Broadcasting Foundation
- Commercial Radio Australia
- Communications Alliance
- Community Broadcasters Association of Australia
- Cyber-safety Working Group and Youth Advisory Group
- Free TV Australia
- Internet Industry Association
- Online and Communications Council including its working groups (National Broadband Development Group, Indigenous Communications Group and Digital Economy Group)
Categories of documents
The Department has extensive documentary holdings, in print copy and electronic form. Certain categories of documents are common throughout the Department. These include:
- documents relating to policy development and program administration, including reports, briefings, correspondence, minutes, submissions, statistics and other documents
- Cabinet submissions and memoranda
- ministerial briefings
- records of representations to the portfolio ministers and of other applications for advice and assistance
- reference material used by staff including guidelines and manuals
- specialist advice such as advice on legal, commercial, technical and economic matters.
The subject matter of departmental records includes the following:
National Broadband Network Implementation
- National Broadband Network Request for Proposals process
- National Broadband Network implementation
- Regional Backbone Blackspots Program
- Tasmanian Network Implementation
- NBN Co
Networks Policy and Regulation
- Telecommunications, radiocommunications and spectrum policy, legislation and regulation
- National broadband network policy, legislation and regulation
- International Telecommunications—bilateral and multilateral arrangements
- Communications critical infrastructure protection
- Internet Governance
Broadcasting and Digital Switchover
- Broadcasting policy and development of regulation
- Commercial, national, subscription and community broadcasting services, and subscription and open narrowcasting services
- Digital television switchover
- Digital radio
- Television Towers Program
- Media ownership
- Anti-siphoning regulation and anti-siphoning list
- Regional Equalisation Plan
- Website information—frequently asked questions about digital television
Digital Economy and Services
- Digital economy policy development
- Digital economy and climate change
- Communications convergence issues
- ICT Centre of Excellence Program—National ICT Australia
- Australian Broadband Guarantee
- Clever Networks
- Digital Regions Initiative
- Next Generation Networks
- Online and Communications Council
- Online and Communications Council Standing Committee
- National Broadband Development Group
- Digital Economy Group
- Indigenous Communications Group
- Community connectivity
- Non-profit sector and ICT issues including an e-strategy guide for non-profit organisations and the development of a model for a national non-profit ICT coalition
- Broadband development policy
- Digital economy skills
- Digital economy literacy
- Cyber-safety and online content policy and programs
- Cyber-safety Working Group and Youth Advisory Group
- Interactive gambling
- Critical infrastructure protection—cyber security component
- Online legal and regulatory framework, including spam and internet domain names, e-security and trust issues including awareness raising, IT security skills, e-security research and development, authentication, phishing and spyware
- Online content policy and legislation
- Copyright issues relevant to the digital economy
- Protecting Families Online Program
- Telecommunications and radiocommunications policy, legislation and regulation
- Connect Australia Programs
- Communications Fund
- Do Not Call Register
- Postal policy, legislation and regulation including:
- Universal Postal Union and Asian-Pacific Postal Union
- Maintaining international linkages and institutional frameworks through the ITU, APT, APEC, OECD, ICANN, World Trade Organisation and other relevant multilateral forums
- International communications—bilateral and multilateral arrangements
- Australia Post—corporate accountability
- Telecommunications Service Inquiry and implementation of Government’s response
- Consumer Representation Grants Program
- Regional Telecommunications Inquiry and implementation of Government’s response
- Regional Telecommunications Review and implementation of Government’s response
- Regional Telecommunications Inquiry community information campaign
- Backing Indigenous Ability Telecommunications Program, and transition to Indigenous Communication Program
- Satellite Phone Subsidy Scheme
Corporate and Business
- Human resource management policy and operations
- Financial and budget management
- IT and facilities management
- Procurement services
- Corporate governance
- Risk management
- Intellectual property policy
- Fraud control
- Business planning
- Performance reporting
- Business improvement
- Client service
- Staff engagement
- Reconciliation
- Legal advice, instructions to solicitors and counsel concerning matters before courts and tribunals
- Freedom of information requests
- Ombudsman complaints
- Privacy complaints
- Documents relating to the drafting of legislation and contracts the Department’s response to deregulation initiatives
Manuals
In accordance with section 9 of the FOI Act, a list has been compiled of unpublished manuals and other documents used by departmental staff as a guide to procedures and practices to be followed when dealing with the public. The list, which is correct as at 30 June 2009, is available on request from the Department’s Freedom of Information (FOI) Officer (see below for contact details), any office of the National Archives of Australia (NAA), or the NAA website at www.naa.gov.au/about-us/organisation/reporting/foi-statements.aspx.
Access to records under the FOI Act
Members of the public are entitled to apply for access to documents held by the Department under the FOI Act. In many cases, the FOI Act may not need to be used. If the documents being sought are publicly available they may be accessible through the Department’s website at www.dbcde.gov.au, by email to media@dbcde.gov.au, or by telephoning the media inquiries line on 02 6271 1777.
Decisions on granting access to documents under the FOI Act are made by the Senior Executive Service officer responsible for the work area to which the subject matter of a request relates. Access is usually provided in the form of copies of documents. Alternatively, the Department can provide a reading area for the inspection of documents made available under the FOI Act.
To apply for access to documents under the FOI Act, members of the public should make a request in writing to the Department or the relevant portfolio agency and enclose the $30 application fee. The Department will also accept applications made by way of facsimile or email (see FOI Officer contact details below), provided the relevant fee is subsequently forwarded to the Department. Cheques and money orders should be made payable to the Department of Broadband, Communications and the Digital Economy. The Department’s website includes additional information about fees and processing charges, including requests for their remission.
When making an FOI request, applicants should give as much information as they can to enable the Department to identify the documents being sought and include an address in Australia to which notifications can be posted. It is useful to also include contact details such as a telephone number and/or email address to allow officers processing the request to contact an applicant if any clarification is required. FOI requests for the Department should be addressed to:
FOI Officer
Department of Broadband, Communications and the Digital Economy
GPO Box 2154
CANBERRA ACT 2601
The Department’s FOI Officer can help with this process, and can be contacted by telephone on 02 6271 1741, by fax on 02 6271 1012, or by email at foi@dbcde.gov.au.
Portfolio agencies, listed in the Overview section, are part of the Broadband, Communications and the Digital Economy portfolio but are not part of the Department’s functional and organisational structure. To obtain information or documents from these agencies, please contact them directly on the details provided in the Overview section.