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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 2010.
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 website 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 encourages engagement with citizens and external organisations and provides opportunities for them to contribute to aspects of Australia's telecommunications, broadcasting, communication technology, and digital economy development. 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 ongoing involvement with various external bodies, several of which are listed below. These organisations may also play a role in consulting with the community and industry.
- Australian Communications Consumer Action Network
- Australian Community Broadcasting Foundation
- Australian Community Television Association
- Australian Mobile Telecommunications Association
- Australian Subscription Television and Radio Association
- Australian Telecommunications User Group
- Commercial Radio Australia
- Communications Alliance
- Community Broadcasters Association of Australia
- Consultative Working Group on Cyber-safety and Youth Advisory Group
- Free TV Australia
- Internet Industry Association
Categories of documents
The Department has extensive documentary holdings, in print copy and electronic form. A wide variety of documents are also available on the Department's website at www.dbcde.gov.au. 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
- documents relating to personnel management, financial and resource management, internal departmental administration and parliamentary services
- specialist advice such as advice on legal, commercial, technical and economic matters.
The subject matter of the documents covers all areas of the Department's responsibilities, including broadcasting; digital switchover; National Broadband Network implementation; networks policy and regulation; postal policy; cyber security; and the digital economy.
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 2010, is available on request from the Department's FOI Officer (see below for contact details), any office of the National Archives of Australia (NAA), or by visiting the NAA website www.naa.gov.au and then clicking on About us > Organisation > Reporting and FOI Statements.
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 enquiries line on 02 6271 1777.
Since 1 May 2010, decisions on granting access to documents under the FOI Act have been made by centralised decision makers in the Corporate and Business Division. Prior to this date, the decision-making function rested with the Senior Executive Service officer responsible for the work area to which the subject matter of a request related. 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, pending commencement of the new legislation on 1 November 2010. Application fees will no longer apply from 1 November 2010. The Department also accepts applications made by way of facsimile or email (see FOI Officer contact details below). 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 (from 1 November 2010 an Australian address will not be required). 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 FOl Officer can help with this process, and can be contacted by telephone on 02 6271 1741, by fax on 02 6271 1069, 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.