Freedom of Information Regulation 2000



1   Name of Regulation
This Regulation is the Freedom of Information Regulation 2000.
2   Commencement
This Regulation commences on 1 April 2000.
3   Definition
(1)  In this Regulation:
(2)  The explanatory note and table of contents do not form part of this Regulation.
4   Principal offices: sec 6
For the purposes of paragraph (b) of the definition of principal officer in section 6 (1) of the Act, it is declared that, for each public authority referred to in Schedule 1, the office specified in that Schedule in respect of that authority is the principal office.
5   Responsible Ministers: sec 6
(1)  For the purposes of paragraph (c) of the definition of responsible Minister in section 6 (1) of the Act, it is declared that, for each public authority referred to in Part 1 of Schedule 2, the Minister specified in that Part in respect of that authority is the responsible Minister.
(2)  For the purposes of paragraph (h) of the definition of responsible Minister in section 6 (1) of the Act, it is declared that, for each public office referred to in Part 2 of Schedule 2, the Minister specified in that Part in respect of that office is the responsible Minister.
6   Public authorities: sec 7
(1)  For the purposes of section 7 (1) (b) of the Act, each body referred to in Part 1 of Schedule 3 is declared to be a public authority.
(2)  For the purposes of section 7 (1) (c) of the Act, each body referred to in Part 2 of Schedule 3 is declared to be a public authority.
(3)  For the purposes of section 7 (3) of the Act, each body referred to in Part 3 of Schedule 3 is declared not to be a separate public authority but is taken to be included in the agency specified in that Part in respect of that body.
7   Public offices: sec 8
(1)  For the purposes of section 8 (1) (b) of the Act, each office referred to in Part 1 of Schedule 4 is declared to be a public office.
(2)  For the purposes of section 8 (2) of the Act, each office referred to in Part 2 of Schedule 4 is declared not to be a separate public office but is taken to be included in the agency specified in that Part in respect of that office.
8   Documents in certain agencies: sec 11
For the purposes of section 11 (1) (e) of the Act, each agency referred to in Schedule 5 is a prescribed agency.
9   Reports to Parliament
(1)  An annual report prepared by an agency:
(a)  must include the required information for the year concerned, and
(b)  must also include an assessment of that information.
(2)  The required information must be set out in the form required by the relevant section of Appendix B to the FOI Manual.
(3)  An assessment of the required information for a particular year must include:
(a)  a comparison of that information with the required information for the previous year, and
(b)  an assessment of the impact during that year on the agency’s activities of the FOI requirements, and
(c)  particulars of any major issues that have arisen during that year in connection with the agency’s compliance with the FOI requirements, and
(d)  particulars of the circumstances in which there have been any investigations under the Act by the Ombudsman or any applications for review under the Act to the Administrative Decisions Tribunal or the Supreme Court, and
(e)  particulars of the outcomes of any such investigations and applications for review.
(4)  In this clause:
FOI Manual means the document entitled Freedom of Information Manual, published from time to time by the Premier’s Department and the Ombudsman’s Office, copies of which are available at the Premier’s Department and the Ombudsman’s Office. The Manual is also accessible on the Premier’s Department’s Internet Web site.
FOI requirements, in relation to an agency, means the requirements imposed on the agency by the Act.
required information means the information required by sections A–L of Appendix B to the FOI Manual.
10   Repeal
(1)  The Freedom of Information (General) Regulation 1995 is repealed.
(2)  Any act, matter or thing that, immediately before the repeal of the Freedom of Information (General) Regulation 1995, had effect under that Regulation, continues to have effect under this Regulation.
Schedule 1 Principal offices
(Clause 4)
Public authority
Principal office
Area health service constituted under the Health Services Act 1997
Chief Executive Officer
Building and Construction Industry Long Service Payments Corporation
Director
Charles Sturt University
Vice-Chancellor
Dental Board
Registrar
Dental Care Assessment Committee
Registrar, Dental Board
Fair Rents Board
Director-General, Department of Fair Trading
Home Care Service
General Manager
Macquarie University
Vice-Chancellor
Medical Tribunal
Registrar, NSW Medical Board
New South Wales Lotteries Corporation
Chief Executive Officer
New South Wales Medical Board
Registrar
New South Wales Scientific Corporation
Chairperson of the New South Wales Scientific Corporation
Pharmacy Board
Registrar
Professional Standards Committee constituted under the Medical Practice Act 1992
Registrar, NSW Medical Board
Professional Standards Committee constituted under the Pharmacy Act 1964
Registrar, Pharmacy Board
Recognised establishment or recognised service of an affiliated health organisation that is listed in Column 2 of Schedule 3 to the Health Services Act 1997
Chief Executive Officer
The Rental Bond Board
Director-General, Department of Fair Trading
Residual Business Management Corporation
General Manager
Southern Cross University
Vice-Chancellor
Statutory health corporation constituted under the Health Services Act 1997
Chief Executive Officer
Sydney Opera House Trust
General Manager
TAFE Commission
Managing Director
University of Newcastle
Vice-Chancellor
University of New England
Vice-Chancellor
University of New South Wales
Vice-Chancellor and Principal
University of Sydney
Vice-Chancellor and Principal
University of Technology, Sydney
Vice-Chancellor
University of Western Sydney
Vice-Chancellor
University of Wollongong
Vice-Chancellor
Waterways Authority
Chief Executive Officer
Zoological Parks Board
Director
sch 1: Am 2000 No 93, Sch 2.20; 2003 No 17, Sch 3.7.
Schedule 2 Responsible Ministers
(Clause 5)
Part 1 Public authorities
Public authority
Responsible Minister
Adult Migrant English Service
Minister for Education and Training
Home Care Service
Minister for Community Services
Music Examinations Advisory Board
Minister for Education and Training
Part 2 Public offices
Public office
Responsible Minister
Office of the Protective Commissioner and Public Guardian
Attorney General
Schedule 3 Public authorities
(Clause 6)
Part 1 Bodies established for a public purpose
Part 2 Bodies established by the Governor etc
Adult Migrant English Service
Australian Capital Region Development Committee
Board of Adult and Community Education
Bush Fire and Flood Relief Committee
Duke of Edinburgh Award Scheme (NSW State Committee)
Information Industries Advisory Council
Music Examinations Advisory Board
Regional Development Boards
Part 3 Bodies taken to be included in other agencies
Body
Agency
Aboriginal Justice Advisory Committee
Attorney General’s Department
Aboriginal Land Councils Pecuniary Interest Tribunal
Department of Aboriginal Affairs
Advisory committee or consultation forum established under the Protection of the Environment Administration Act 1991
Environment Protection Authority
Advisory committee established under the National Parks and Wildlife Act 1974
National Parks and Wildlife Service
Agricultural industry services committee constituted by the Agricultural Industry Services Act 1998
Department of Agriculture
Air Transport Council
Department of Transport
Animal Research Review Panel
Department of Agriculture
Animal Welfare Advisory Council
Department of Agriculture
Anti-Discrimination Board
Attorney General’s Department
Biological Diversity Advisory Council
National Parks and Wildlife Service
Board of Adult and Community Education
Department of Education and Training
Board of Environment Protection Authority
Environment Protection Authority
Board of Examiners
Department of Mineral Resources
Board of Optometrical Registration
Department of Health
Board referred to in section 50 of the Land Tax Management Act 1956
The Treasury
Board of Reference established under the Boiler and Pressure Vessel Regulations
WorkCover Authority
Board of Reference established under the Construction Safety Act 1912
WorkCover Authority
Board of Review—Pay Roll Tax
The Treasury
Board of Review—Duties
The Treasury
Board of Surveyors
Department of Information Technology and Management
Board of Tick Control
Department of Agriculture
Board of Vocational Education and Training
Department of Education and Training
Bookmakers Revision Committee
Department of Gaming and Racing
Botany Cemetery Trust
Department of Land and Water Conservation
Boxing Authority
Department of Sport and Recreation
Building and Construction Industry Long Service Payments Committee
Building and Construction Industry Long Service Payments Corporation
Building Regulations Advisory Council
Department of Urban Affairs and Planning
Bushfire Co-ordinating Committee
NSW Rural Fire Service
Bush Fire and Flood Relief Committee
Department of Community Services
Charity Referee appointed under the Dormant Funds Act 1942
Attorney General’s Department
Chipping Norton Lake Authority
Department of Land and Water Conservation
Chiropractors and Osteopaths Registration Board
Department of Health
Chiropractors and Osteopaths Tribunal
Department of Health
Coal Compensation Board
Department of Mineral Resources
Coal Mine Qualifications Board
Department of Mineral Resources
Committee of inquiry established under the Energy Administration Act 1987
Ministry of Energy and Utilities
Committee of Review established under the Health Services Act 1997
Department of Health
Community Justice Centres Council
Attorney General’s Department
Compensation Court
Attorney General’s Department
Contract of Carriage Tribunal
Attorney General’s Department
Co-operatives Council established under the Co-operatives Act 1992
Department of Fair Trading
Delegate District Hospital
The Bombala District Hospital
Dental Technicians Registration Board
Department of Health
Directorate of the Drug Offensive
Department of Health
Disability Council
Ageing and Disability Department
Duke of Edinburgh Award Scheme (NSW State Committee)
Ageing and Disability Department
Electrical Equipment Safety Committee
Department of Fair Trading
Energy Corporation
Ministry of Energy and Utilities
Engine Drivers and Boiler Attendants Examination Board
WorkCover Authority
Environmental Trust
Environment Protection Authority
Exhibited Animals Advisory Committee
Department of Agriculture
Fair Trading Advisory Committee
Department of Fair Trading
Fair Trading Advisory Tribunal
Department of Fair Trading
Farrer Memorial Trust
Department of Agriculture
Festival Development Corporation
Department of Urban Affairs and Planning
Financial Counselling Trust Fund
Department of Fair Trading
Fluoridation of Public Water Supplies Advisory Committee
Department of Health
Food Advisory Committee
Department of Health
Geographical Names Board
Department of Information Technology and Management
Georges River Catchment REP Advisory Committee
Department of Urban Affairs and Planning
Greater Western Sydney Economic Development Board
Department of State and Regional Development
Guardianship Tribunal
Ageing and Disability Department
Hazardous Chemicals Advisory Committee
Environment Protection Authority
Health Administration Corporation
Department of Health
Heritage Council
Heritage Office
Home Building Advisory Council
Department of Fair Trading
Hunter Economic Development Corporation
Department of Business and Regional Development
Industrial Registrar
Attorney General’s Department
Industrial Relations Commission
Attorney General’s Department
Institute of Rural Studies
Department of Agriculture
Joint Committee of Necropolis Trustees
Department of Land and Water Conservation
Juvenile Justice Advisory Board
Department of Juvenile Justice
Lake Illawarra Authority
Department of Land and Water Conservation
Land and Housing Development Corporation
Department of Urban Affairs and Planning
Legal Practitioners’ Admission Board
Attorney General’s Department
Legal Profession Advisory Council
Attorney General’s Department
Library Council
State Library
Licence Compliance Advisory Board
Ministry of Energy and Utilities
Licence Regulator (Water)
Ministry of Energy and Utilities
Liquor Administration Board
Department of Gaming and Racing
Local Government Boundaries Commission
Department of Local Government
Local Government Grants Commission
Department of Local Government
Local Government Remuneration Tribunal
Department of Local Government
Local Government Pecuniary Interest Tribunal
Department of Local Government
Local land board under the Western Lands Act 1901
Department of Land and Water Conservation
Medical Committee established under the Poisons and Therapeutic Goods Act 1966
Department of Health
Medical Services Committee
Department of Health
Mental Health Review Tribunal
Department of Health
MIA Citrus Fruit Marketing Committee
Department of Agriculture
MIA Citrus Fruit Promotion Marketing Committee
Department of Agriculture
Mines Rescue Board
Department of Mineral Resources
Mines Subsidence Board
Department of Mineral Resources
Mining Warden
Department of Mineral Resources
Ministerial Corporation for Industry
Department of State and Regional Development
Motor Trade Advisory Council
Department of Fair Trading
Murray Valley (NSW) Wine Grape Industry Marketing Committee
Department of Agriculture
Music Examinations Advisory Board
Board of Studies
National Marine Safety Committee
Waterways Authority
National Parks and Wildlife Advisory Council
National Parks and Wildlife Service
New South Wales Council on Environmental Education
Environment Protection Authority
New South Wales Innovation Council
Department of State and Regional Development
New South Wales Law Reform Commission
Attorney General’s Department
Non-Indigenous Animals Advisory Committee
Department of Agriculture
Noxious Plants Advisory Committee
Department of Agriculture
NSW Biological Control Authority
Department of Agriculture
NSW Drug Offensive Council
Department of Health
NSW Drug Offensive Foundation
Department of Health
Nurses Registration Board
Department of Health
Nurses Tribunal
Department of Health
Occupational Health and Safety Council
WorkCover Authority
Office of Community Housing
Department of Housing
Olympic Business Roundtable
Department of State and Regional Development
Optical Dispensers Licensing Board
Department of Health
Parole Board
Department of Corrective Services
Parliamentary Remuneration Tribunal
Premier’s Department
Parramatta River Foreshores Improvement Program Advisory Committee
Department of Urban Affairs and Planning
Penrith Lakes Scheme Monitoring Committee
Department of Urban Affairs and Planning
Pest Control Licensing Committee
WorkCover Authority
Physiotherapists Registration Board
Department of Health
Podiatrists Registration Board
Department of Health
Poisons Advisory Committee
Department of Health
Pool Fencing Advisory Committee
Department of Local Government
Processing Tomato-Marketing Committee
Department of Agriculture
Product Safety Committee
Department of Fair Trading
Professional Standards Committee constituted under the Chiropractors and Osteopaths Act 1991
Department of Health
Professional Standards Committee constituted under the Nurses Act 1991
Department of Health
Professional Standards Committee constituted under the Physiotherapists Registration Act 1945
Department of Health
Professional Standards Committee constituted under the Psychologists Act 1989
Department of Health
Professional Standards Council
Attorney General’s Department
Property Services Advisory Council
Department of Fair Trading
Psychologists Registration Board
Department of Health
Psychosurgery Review Board
Department of Health
Radiation Advisory Council
Environment Protection Authority
Radiological Advisory Council
Environment Protection Agency
Regional Development Board
Department of State and Regional Development
Residential Tribunal
Department of Fair Trading
Retail Leases Advisory Committee
Department of State and Regional Development
Review Panel established under the Gas Supply Act 1996
Ministry of Energy and Utilities
Roads and Traffic Advisory Council
Roads and Traffic Authority
Rural Assistance Authority
Department of Agriculture
Rural Fire Service Advisory Council
NSW Rural Fire Service
Rural Workers Accommodation Advisory Committee
WorkCover Authority
School Forest Trust established under the School Forest Areas Act 1936
Department of Education and Training
Serious Offenders Review Council
Department of Corrective Services
Serious Young Offenders Review Council
Department of Juvenile Justice
Small Business Development Corporation
Department of State and Regional Development
South Sydney Development Corporation
Department of Urban Affairs and Planning
Sporting Injuries Committee
WorkCover Authority
State Debt Recovery Office
Attorney General’s Department
Statutory and Other Offices Remuneration Tribunal
Premier’s Department
Sydney and Regional Centres Drinking Water Catchments REP Advisory Committee
Department of Urban Affairs and Planning
The Stewart House Preventorium, Curl Curl
Department of Education and Training
Stock Medicines Board
Department of Agriculture
Teacher Housing Authority
Department of Education and Training
Theatrical Agencies, Employees and Performers Advisory Committee
Department of Education and Training
Therapeutic Goods and Cosmetics Advisory Committee
Department of Health
Trustees of Anzac Memorial Building
Premier’s Department
Trustees of commons appointed under the Commons Management Act 1989
Department of Land and Water Conservation
Trustees of reserves appointed under the Crown Lands Act 1989
Department of Land and Water Conservation
Trustees of state recreation areas appointed under the National Parks and Wildlife Act 1974 in so far as the appointment relates to part of Burrinjuck State Recreation Area
Department of Land and Water Conservation
Trustees of state recreation areas appointed under the National Parks and Wildlife Act 1974 except in so far as the appointment relates to part of Burrinjuck State Recreation Area
National Parks and Wildlife Service
Trustees of the Parliamentary Contributory Superannuation Fund
The Treasury
Trustees of the West Scholarship Scheme
Department of Education and Training
Veterinary Surgeons Investigating Committee
Board of Veterinary Surgeons of New South Wales
Vocational Education and Training Accreditation Board
Department of Education and Training
Vocational Training Board
Department of Education and Training
Wild Dog Destruction Board
Department of Land and Water Conservation
Wine Grapes Processing Industry Negotiating Committee
Department of Agriculture
Workers Compensation Advisory Council
WorkCover Authority
Workers Compensation Premiums Rating Bureau
WorkCover Authority
Workers Compensation (Dust Diseases) Board
WorkCover Authority
Youth Justice Advisory Council
Department of Juvenile Justice
sch 3: Am 2000 No 53, Sch 2.7 (am 2000 No 93, Sch 2.48 [3]); 24.11.2000; 2001 No 118, Sch 2.6; 24.1.2003; 2003 No 102, Sch 2.5.
Schedule 4 Public offices
(Clause 7)
Part 1 Offices to which appointments are made by the Governor or a Minister
Part 2 Offices taken to be included in other agencies
Body
Agency
Chief Inspector of Coal Mines
Department of Mineral Resources
Chief Inspector of Dangerous Goods (in respect of Division 2 of Part 3 of the Dangerous Goods Act 1975)
Environment Protection Authority
Director of Equal Opportunity in Public Employment
Premier’s Department
Director of Liquor and Gaming
Department of Gaming and Racing
Legal Services Commissioner
Attorney General’s Department
Registrar appointed under the Aboriginal Land Rights Act 1983
Department of Aboriginal Affairs
Registrar of Funeral Funds appointed under the Funeral Funds Act 1979
Department of Fair Trading
Privacy Commissioner
Attorney General’s Department
Schedule 5 Prescribed agencies
(Clause 8)
The Audit Office
The Ombudsman’s Office