The object of the ACT Freedom of Information Act 1989 (the FOI Act) is to extend as far as possible, the right of the Australian community (in particular the citizens of the ACT), to access information in the possession of the ACT Government.
This right is limited only by exceptions and exemptions necessary for the protection of essential public interests. This includes the private and business affairs of persons in respect of whom information is collected and held by agencies, including the Directorate.
The Directorate is required to prepare statements under sections 7, 8 and 79 of the FOI Act. The Section 7 Statement is about the publication of information concerning functions and documents of the Directorate.
The Section 8 Statement refers to documents in the possession of the Directorate that are available for inspection and purchase and is available on the Directorate's website.
The Section 79(2) statement is about the number of applications (initial requests) to access documents handled during the reporting year.
Section 7 Statement
In accordance with the requirements of Section 7 of the FOI Act, the following statement is correct as at 30 June 2014.
The organisational overview of the Directorate is described in Section B1 of this report.
Public Participation in Decision-Making
Arrangements for public participation in decision-making include:
- calling for public submissions;
- holding public meetings and forums with opportunities for public discussion;
- establishing committees for consultation on specific issues;
- circulating draft documents, including policies, for public comment;
- community representation on public school boards;
- engaging with the ACT Council of Parents and Citizens Associations; and
- receiving feedback through the Minister's Office.
Categories of Documents
The Directorate holds several categories of documents including those:
- available on request and without charge;
- that are part of a public register;
- available for a fee; and
- available under the FOI Act, subject to the exemption provisions of the FOI Act.
Documents Available on Request and Without Charge
Documents within this category include publications produced by the Directorate on various aspects of its activities. These publications are often distributed from public schools throughout the ACT and are usually available on the Directorate's website http://www.det.act.gov.au. Other documents within this category include discussion papers; information pamphlets; census data and annual reports.
Documents of other kinds may be available under the FOI Act. Such documents may include:
- general records, including internal and inter-directorate documents such as minutes of meetings, agendas, background papers, and policies;
- statements, correspondence and administrative records;
- personnel records;
- student records;
- records held on computer or paper in connection with Directorate functions;
- financial records;
- details of contracts; and
- operational policies.
Facilities for Access
People seeking information are encouraged to first contact the Directorate before using the more formal freedom of information (FOI) process. The Directorate contact for FOI is:
The FOI Coordinator
Governance and Assurance Branch
ACT Education and Training Directorate
GPO Box 158
CANBERRA ACT 2601
The physical location of the FOI Coordinator is:
220 Northbourne Avenue
BRADDON ACT 2612
Telephone: (02) 6207 6846
Fax: (02) 6205 9453
A regular bus service is available from most locations in the ACT to within walking distance of this location. Advice on bus services and times is available from http://www.action.act.gov.au or by calling 13 17 10.
Short-term parking is available at the main entrance, with reserved parking for people with disability.
Section 8 Statement
Section 8 of the FOI Act requires the Director-General of the Directorate to make available a list of documents Directorate staff use when making decisions. Examples include policies and publications. A full list is available on the Directorate's website.
Section 79(2) Statement
In accordance with section 79(2) of the FOI Act, the Directorate provides the following information regarding FOI requests received 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.
Requests for Access
Six requests were carried over from 2012-13. In 2013-14, the Directorate received a total of 36 new requests for access to documents. This compared with 28 requests in 2012-13.
Table D2.1: Freedom of information requests, 2013-14
|Requests carried over from previous year||6|
Source: Education and Training Directorate
Table D2.2 outlines the access decisions made for these requests.
Table D2.2: Freedom of information decisions, 2013-14
|Technical refusal (no documents)||2|
|Incomplete at 30 June 2014||9|
|Requests handled outside the Act||1|
Source: Education and Training Directorate
Internal Review and ACT Civil and Administrative Tribunal Applications
Three applications for a review of a decision under section 59 of the FOI Act were received in 2013-14. Two applications resulted in additional information being provided to the applicant and one application resulted in the initial decision being affirmed.
One application made to the ACT Civil and Administrative Tribunal for a review of a decision in 2012-13 was finalised. The proceeding was dismissed with the consent of both parties.
Fees and Charges
The Directorate did not collect any fees in relation to the processing of requests in 2013-14.
Amendment of Personal Records
The Directorate did not receive any requests under section 48 of the FOI Act for the amendment of personal records in 2013-14.
Requests for Documents Held by the ACT Children's Policy and Regulation Unit
Requests for access to documents held by the ACT Children's Policy and Regulation Unit (CPRU), which administers the legislation covering licensed childcare services, are made under the Commonwealth Freedom of Information Act 1982 as modified by the Education and Care Services National Regulations 2011
The Directorate did not receive any requests in 2013-14 for access to CPRU documents.
For further information contact:
Governance and Assurance
(02) 6205 9329