Appendix K – Freedom of information

Background

Section 8 of the Freedom of Information Act 1982 (FOI Act) requires each Australian Government agency to publish detailed information about the way it is organised, its powers, the kinds of decisions it makes, the documents it holds, the way members of the public can obtain access to these documents and any arrangements for public involvement in the work of the agency.

This report includes information about the organisation and major functions of the Archives. The following statement supplements general information provided to meet the requirements of section 8 of the FOI Act.

Functions

The Archives is responsible for the broad management of all records generated by the Australian Government between Federation and the present day, and of colonial records transferred to the Commonwealth at the time of Federation. Under the provisions of section 5 of the Archives Act 1983, in carrying out this responsibility, the organisation:

develops and provides policy advice on the management of Commonwealth records;
promotes and ensures the preservation of Commonwealth records for as long as they are needed;
determines which categories of records should be retained for use and which should be destroyed;
provides storage services for records of enduring value;
provides personal and corporate records services for people or organisations closely associated with the Australian Government;
assembles and makes available management and descriptive information about records and the agencies, current as well as past, responsible for them;
gives effect to public rights of access and appeal relating to records that are more than 30 years old;
provides reference and information services to agencies and the public; and
facilitates the awareness and use of records by the public.

Powers

Under the provisions of section 6 of the Archives Act, the powers of the Archives that can directly affect members of the public are the:

determination of custodial and storage arrangements for Commonwealth records that are of enduring value;
authorisation of the retention or destruction (after a specified period) of records with the concurrence of the agency whose records are involved;
regulation of public access to records that are more than 30 years old, in accordance with the Archives Act and in consultation with the agencies concerned; and
determination of the standards of reference and advisory services provided to the public, including reading room hours, levels of reference assistance and documentation provided.

Categories of documents

There are two major groups of documents held by the Archives.The first group covers documents that the Archives itself creates as an Australian Government agency:

general correspondence and related records;
guides, finding aids and associated administrative histories and
contextual narratives;
technical papers and reference materials;
procedure manuals, internal instructions and guidelines; and
publications and training materials.

The Archives applies the Administrative Functions Disposal Authority to general administrative documents such as financial, personnel and routine office documents.

The second group covers records more than 30 years old held by the Archives in its repositories on behalf of other Australian Government agencies. The Archives is not responsible for responding to requests for access under the FOI Act to documents in this group. Its role is confined to ensuring that the documents involved are available to the agency responding to freedom of information requests.

Freedom of information procedures and contact

Anyone is entitled to apply for access to documents under the FOI Act. However, in many cases, applications under the Act may not be necessary. Potential applicants under freedom of information legislation should, in the first instance, direct their inquiries to their nearest Archives office or visit the Archives’ website, as the information required may be readily available.

Freedom of information requests for access to records less than 30 years old, and which the Archives may hold in its custody on behalf of other agencies, should be addressed to an appropriate officer in the agency concerned.

To make a formal request for access to the Archives’ own documents under the FOI Act, applicants should contact the Archives in writing, by facsimile or email, or in person at the National Office of the Archives. Applications should be addressed to:

FOI Contact Officer
Governance, Risk and Compliance
National Archives of Australia
PO Box 7425
Canberra Business Centre ACT 2610

Tel: (02) 6212 3643
Fax: (02) 6212 3649
Email: foi@naa.gov.au

If any difficulty is encountered in identifying an Archives’ document, an officer will contact the applicant with a view to resolving the problem. In consultation with the applicant, documents will be made available either by mail to the address specified by the applicant or in the reading room of the Archives’ office nearest to the applicant’s usual place of residence.

The Director-General, Deputy Director-General and Assistant Directors-General are authorised decision-makers under the FOI Act who may refuse, defer or grant access to documents.

Facilities for access

Decisions on whether original documents or copies will be made available are made in consultation with the applicant. If copies are required, they will be mailed to the applicant’s usual place of residence. Addresses of Archives reading rooms are shown at Appendix A.

Current opening hours for reading rooms are available from the office concerned and on the Archives’ website. Information about facilities for people with a disability can be obtained from the FOI Contact Officer at the National Office or the Director of any Archives office outside Canberra.

Arrangements for outside participation

The National Archives of Australia Advisory Council, which includes community representation, is a prescribed authority for the purpose of the FOI Act. The Council’s own annual report is contained in this publication.

The Archives’ Northern Territory Aboriginal Advisory Group comprises representatives from KARU Aboriginal Child Care Agency (replaced by the Northern Territory Stolen Generations and Families Aboriginal Corporation in March 2008), Central Australian Stolen Generations and Families Aboriginal Corporation, and community representatives from both the Top End and Central Australia. The Group meets regularly to discuss issues, practices, policies and services associated with access by Indigenous people to Commonwealth records.

A similar Aboriginal Advisory Group exists in Victoria.

In addition, the Archives frequently consults with other Australian Government agencies, particularly in relation to access matters. The agencies may then seek further advice from state or foreign governments.