1 Name of Regulation
This Regulation is the Freedom of Information Regulation 2005.
2 Commencement
This Regulation commences on 22 April 2005.
3 Definition
In this Regulation:the Act means the Freedom of Information Act 1989.
4 Principal offices
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
(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
(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
(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
For the purposes of section 11 (1) (e) of the Act, each agency referred to in Schedule 5 is a prescribed agency.
9 Extension of 21 day period for dealing with certain FOI applications
The necessity to locate and retrieve documents from a school where the 21 day period for dealing with the application occurs, wholly or partly, during a school holiday period is prescribed as a special circumstance for the purposes of section 59B (3) (c) of the Act.
10 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 FOI Procedure Manual, published from time to time by the Premier’s Department (or jointly with the Ombudsman’s Office). Copies of the Manual are available at the Premier’s Department (and also at the Ombudsman’s Office if published jointly) and 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 Appendix B to the FOI Manual.
11 Repeal and savings
(1) The Freedom of Information Regulation 2000 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Freedom of Information Regulation 2000, 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 |
Building and Construction Industry Long Service Payments Corporation | Chief Executive Officer |
Charles Sturt University | Vice-Chancellor |
Dental Board | Registrar |
Dental Care Assessment Committee | Registrar, Dental Board |
Fair Rents Board | Director-General, Department of Commerce |
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 Committee | Chairperson of the New South Wales Scientific Committee |
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 |
Rental Bond Board | Director-General, Department of Commerce |
Residual Business Management Corporation | General Manager |
Southern Cross University | Vice-Chancellor |
Statutory health corporation constituted under the Health Services Act 1997 | Chief Executive |
The 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 |
University of Sydney | Vice-Chancellor |
University of Technology, Sydney | Vice-Chancellor |
University of Western Sydney | Vice-Chancellor |
University of Wollongong | Vice-Chancellor |
Waterways Authority | Chief Executive |
Zoological Parks Board | Director |
Schedule 2 Responsible Ministers
(Clause 5)
Part 1 Public authorities
Public authority | Responsible Minister |
Adult Migrant English Service | Minister for Education and Training |
Australian Music Examinations Board NSW | Minister for Education and Training |
Home Care Service | Minister for Ageing and Minister for Disability Services |
NSW Businesslink Pty Limited | Minister for Community Services |
Part 2 Public offices
Public office | Responsible Minister |
Office of the Protective Commissioner | Attorney General |
Office of the 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 ServiceAustralian Capital Region Development Council
Australian Music Examinations Board NSW
Board of Adult and Community Education
Duke of Edinburgh Award Scheme (NSW State Committee)
Information Industries Advisory Board
Regional Development Boards
Part 3 Bodies taken to be included in other agencies
Body | Agency |
Aboriginal Justice Advisory Council | 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 | Department of Environment and Conservation |
Advisory committee established under the Food Act 2003 | Department of Health |
Advisory committee established under the National Parks and Wildlife Act 1974 | Department of Environment and Conservation |
Advisory committee established under the Noxious Weeds Act 1993 | Department of Primary Industries |
Agricultural industry services committee constituted by the Agricultural Industry Services Act 1998 | Department of Primary Industries |
Air Transport Council | Ministry of Transport |
Animal Research Review Panel | Department of Primary Industries |
Animal Welfare Advisory Council | Department of Primary Industries |
Anti-Discrimination Board | Attorney General’s Department |
Australian Music Examinations Board NSW | Office of the Board of Studies |
Biological Diversity Advisory Council | Department of Environment and Conservation |
Board of Adult and Community Education | Department of Education and Training |
Board of Environment Protection Authority | Department of Environment and Conservation |
Board of Examiners | Department of Primary Industries |
Board referred to in section 50 of the Land Tax Management Act 1956 | The Treasury |
Board of Review—Pay Roll Tax | The Treasury |
Board of Review—Duties | The Treasury |
Board of Surveying and Spatial Information | Department of Lands |
Board of Tick Control | Department of Primary Industries |
Board of Vocational Education and Training | Department of Education and Training |
Bookmakers Revision Committee | Department of Gaming and Racing |
Botany Cemetery Trust | Department of Lands |
Boxing Authority | Department of Tourism, 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 Infrastructure, Planning and Natural Resources |
Bush Fire Co-ordinating Committee | NSW Rural Fire Service |
Charity Referee appointed under the Dormant Funds Act 1942 | Attorney General’s Department |
Chipping Norton Lake Authority | Department of Infrastructure, Planning and Natural Resources |
Chiropractic Care Assessment Committee | Department of Health |
Chiropractors Registration Board | Department of Health |
Chiropractors Tribunal | Department of Health |
Coal Compensation Board | Department of Primary Industries |
Coal Competence Board | Department of Primary Industries |
Committee of inquiry established under the Energy and Utilities Administration Act 1987 | Department of Energy, Utilities and Sustainability |
Committee of Review established under the Health Services Act 1997 | Department of Health |
Community Justice Centres Council | Attorney General’s Department |
Consumer, Trader and Tenancy Tribunal | Department of Commerce |
Contract of Carriage Tribunal | Attorney General’s Department |
Co-operatives Council established under the Co-operatives Act 1992 | Department of Commerce |
Delegate District Hospital | The Bombala District Hospital |
Dental Technicians Registration Board | Department of Health |
Disability Council | Department of Ageing, Disability and Home Care |
Duke of Edinburgh Award Scheme (NSW State Committee) | Department of Ageing, Disability and Home Care |
Electrical Equipment Safety Advisory Committee | Department of Commerce |
Energy Corporation | Department of Energy, Utilities and Sustainability |
Environmental Trust | Department of Environment and Conservation |
Exhibited Animals Advisory Committee | Department of Primary Industries |
Fair Trading Advisory Council | Department of Commerce |
Farrer Memorial Trust | Department of Primary Industries |
Festival Development Corporation | Department of Commerce |
Financial Counselling Trust Fund | Department of Commerce |
Fluoridation of Public Water Supplies Advisory Committee | Department of Health |
Geographical Names Board | Department of Lands |
Greater Western Sydney Economic Development Board | Department of State and Regional Development |
Guardianship Tribunal | Department of Ageing, Disability and Home Care |
Hazardous Chemicals Advisory Committee | Department of Environment and Conservation |
Health Administration Corporation | Department of Health |
Heritage Council | Heritage Office |
Home Building Advisory Council | Department of Commerce |
Hunter Economic Development Corporation | Department of State and Regional Development |
Industrial Registrar | Attorney General’s Department |
Industrial Relations Commission | Attorney General’s Department |
Joint Committee of Necropolis Trustees | Department of Lands |
Juvenile Justice Advisory Council | Department of Juvenile Justice |
Lake Illawarra Authority | Department of Infrastructure, Planning and Natural Resources |
Land and Housing Corporation | Department of Housing |
Legal Practitioners Admission Board | Attorney General’s Department |
Legal Profession Advisory Council | Attorney General’s Department |
Library Council | State Library |
Licence Regulator (Water) | Department of Energy, Utilities and Sustainability |
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 and Disciplinary Tribunal | Department of Local Government |
Local land board under the Western Lands Act 1901 | Department of Infrastructure, Planning and Natural Resources |
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 |
Mines Subsidence Board | Department of Primary Industries |
Mining Warden | Department of Primary Industries |
Ministerial Corporation for Industry | Department of State and Regional Development |
Motor Trade Advisory Council | Department of Commerce |
Murray Valley (NSW) Wine Grape Industry Development Committee | Department of Primary Industries |
National Marine Safety Committee | Waterways Authority |
National Parks and Wildlife Advisory Council | Department of Environment and Conservation |
New South Wales Council on Environmental Education | Department of Environment and Conservation |
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 Primary Industries |
NSW Biological Control Authority | Department of Primary Industries |
Nurses and Midwives Board | Department of Health |
Nurses and Midwives Tribunal | Department of Health |
Office of Community Housing | Department of Housing |
Optical Dispensers Licensing Board | Department of Health |
Optometrists Registration Board | Department of Health |
Osteopaths Registration Board | Department of Health |
Osteopaths Tribunal | Department of Health |
Parole Board | Department of Corrective Services |
Parliamentary Remuneration Tribunal | Premier’s Department |
Penrith Lakes Scheme Monitoring Committee | Department of Infrastructure, Planning and Natural Resources |
Physiotherapists Registration Board | Department of Health |
Physiotherapy Standards Advisory Committee | Department of Health |
Podiatrists Registration Board | Department of Health |
Poisons Advisory Committee | Department of Health |
Pool Fencing Advisory Committee | Department of Local Government |
Product Safety Committee | Department of Commerce |
Professional Standards Committee constituted under the Nurses and Midwives Act 1991 | Department of Health |
Professional Standards Council | Attorney General’s Department |
Property Services Advisory Council | Department of Commerce |
Psychological Care Assessment Committee | Department of Health |
Psychologists Registration Board | Department of Health |
Psychosurgery Review Board | Department of Health |
Radiation Advisory Council | Department of Environment and Conservation |
Regional Development Advisory Council | Department of State and Regional Development |
Retail Leases Advisory Committee | Department of State and Regional Development |
Review Panel established under the Gas Supply Act 1996 | Department of Energy, Utilities and Sustainability |
Riverina Citrus | Department of Primary Industries |
Roads and Traffic Advisory Council | Roads and Traffic Authority |
Rural Assistance Authority | Department of Primary Industries |
Rural Fire Service Advisory Council | NSW Rural Fire Service |
Rural Workers Accommodation Advisory Committee | WorkCover Authority |
Serious Offenders Review Council | Department of Corrective Services |
Serious Young Offenders Review Panel | Department of Juvenile Justice |
Small Business Development Corporation | Department of State and Regional Development |
South Sydney Development Corporation | Department of Infrastructure, Planning and Natural Resources |
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 Infrastructure, Planning and Natural Resources |
The Stewart House Preventorium, Curl Curl | Department of Education and Training |
Stock Medicines Board | Department of Primary Industries |
Teacher Housing Authority | Department of Education and Training |
Trustees of Anzac Memorial Building | Premier’s Department |
Trustees of commons appointed under the Commons Management Act 1989 | Department of Lands |
Trustees of reserves appointed under the Crown Lands Act 1989 | Department of Lands |
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 Lands |
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 | Department of Environment and Conservation |
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 Lands |
Workers Compensation and Workplace Occupational Health and Safety Council | WorkCover Authority |
Workers Compensation Commission | Attorney General’s Department |
Workers Compensation (Dust Diseases) Board | WorkCover Authority |
Youth Justice Advisory Committee | Department of Juvenile Justice |
sch 3: Am 2005 No 64, Sch 2.16.
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
Office | Agency |
Chief Inspector of Coal Mines | Department of Primary Industries |
Director of Equal Opportunity in Public Employment | Premier’s Department |
Director of Liquor and Gaming | Department of Gaming and Racing |
Director-General of Funeral Funds appointed under the Funeral Funds Act 1979 | Department of Commerce |
Inspector of Dangerous Goods (in respect of Division 2 of Part 3 of the Dangerous Goods Act 1975) | Department of Environment and Conservation |
Legal Services Commissioner | Attorney General’s Department |
Privacy Commissioner | Attorney General’s Department |
Registrar appointed under the Aboriginal Land Rights Act 1983 | Department of Aboriginal Affairs |
Schedule 5 Prescribed agencies
(Clause 8)
Audit OfficeOmbudsman’s Office