Freedom of Information Regulation 2005



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:
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:
(a)  in relation to a report for any reporting year up to and including the year ending on 30 June 2007—in the form required by the relevant section of Appendix B to the third edition of the document entitled FOI Procedure Manual published in 1994, or
(b)  in relation to any later reporting year—in the form required by the relevant section of Appendix B to the FOI Manual (as in force at the end of the reporting year to which the report relates).
(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 NSW FOI Manual, published from time to time by the Department of Premier and Cabinet (or jointly with the Ombudsman’s Office). The Manual is accessible on the Internet website of the Department of Premier and Cabinet.
FOI requirements, in relation to an agency, means the requirements imposed on the agency by the Act.
required information means:
(a)  in relation to a report for any reporting year up to and including the year ending on 30 June 2007—the information required by Appendix B to the third edition of the document entitled FOI Procedure Manual published in 1994, or
(b)  in relation to any later reporting year—the information required by Appendix B to the FOI Manual (as in force at the end of the reporting year to which the relevant report relates).
cl 10: Am 2007 (386), Sch 1 [1]; 2007 (387), Sch 1 [1] [2].
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
Cancer Institute (NSW)
Chief Cancer 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
Pharmacy Care Assessment Committee constituted by the Pharmacy Practice Act 2006
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
sch 1: Am 2006 No 59, Sch 7.4; 2007 (387), Sch 1 [3].
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 Service
Australian Capital Region Development Council
Australian Music Examinations Board NSW
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
Administrative Decisions Tribunal
Attorney General’s Department
Advisory committee or consultation forum established under the Protection of the Environment Administration Act 1991
Department of Environment and Climate Change
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 Climate Change
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 Climate Change
Board of Environment Protection Authority
Department of Environment and Climate Change
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 Vocational Education and Training
Department of Education and Training
Bookmakers Revision Committee
Department of the Arts, Sport and Recreation
Botany Cemetery Trust
Department of Lands
Boxing Authority
Department of the Arts, 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 Planning
Bush Fire Co-ordinating Committee
NSW Rural Fire Service
Charity Referee appointed under the Dormant Funds Act 1942
Attorney General’s Department
Children’s Court
Attorney General’s Department
Children’s Court Advisory Committee
Attorney General’s Department
Children’s Court Clinic
Attorney General’s Department
Chipping Norton Lake Authority
Department of Planning
Chiropractic Care Assessment Committee
Department of Health
Chiropractors Registration Board
Department of Health
Chiropractors Tribunal
Department of Health
Coal Competence Board
Department of Primary Industries
Committee of inquiry established under the Energy and Utilities Administration Act 1987
Department of Water and Energy
Committee of Review established under the Health Services Act 1997
Department of Health
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
Dental Technicians Registration Board
Department of Health
Disability Council
Department of Ageing, Disability and Home Care
District Court
Attorney General’s Department
Drug Court
Attorney General’s Department
Duke of Edinburgh Award Scheme (NSW State Committee)
Department of Ageing, Disability and Home Care
Dust Diseases Tribunal
Attorney General’s Department
Electrical Equipment Safety Advisory Committee
Department of Commerce
Energy Corporation
Department of Water and Energy
Environmental Trust
Department of Environment and Climate Change
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 Climate Change
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 Committee established under the Industrial Relations Act 1996
Attorney General’s Department
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 Environment and Climate Change
Land and Environment Court
Attorney General’s Department
Land and Housing Corporation
Department of Housing
Law Reform Commission
Attorney General’s Department
Legal Profession Admission Board
Attorney General’s Department
Legal Profession Advisory Council
Attorney General’s Department
Library Council
State Library
Licence Regulator (Water)
Department of Water and Energy
Liquor Administration Board
Department of the Arts, Sport and Recreation
Local Courts
Attorney General’s Department
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 Lands
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 Climate Change
New South Wales Council on Environmental Education
Department of Environment and Climate Change
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
Office of the Legal Services Commissioner
Attorney General’s Department
Office of the Sheriff
Attorney General’s Department
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
Department of Premier and Cabinet
Penrith Lakes Scheme Monitoring Committee
Department of Environment and Climate Change
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
Privacy NSW
Attorney General’s Department
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
Public Defenders Office
Attorney General’s Department
Radiation Advisory Council
Department of Environment and Climate Change
Regional Development Advisory Council
Department of State and Regional Development
Registry of Births Deaths & Marriages
Attorney General’s Department
Retail Leases Advisory Committee
Department of State and Regional Development
Review Panel established under the Gas Supply Act 1996
Department of Water and Energy
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
Sentencing Council
Attorney General’s Department
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 Planning
Sporting Injuries Committee
WorkCover Authority
State Debt Recovery Office
The Treasury
Statutory and Other Offices Remuneration Tribunal
Department of Premier and Cabinet
Supreme Court
Attorney General’s Department
Sydney and Regional Centres Drinking Water Catchments REP Advisory Committee
Department of Planning
The Stewart House Preventorium, Curl Curl
Department of Education and Training
Teacher Housing Authority
Department of Education and Training
Trustees of Anzac Memorial Building
Department of Premier and Cabinet
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 Climate Change
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
Victims Advisory Board
Attorney General’s Department
Victims Compensation Fund Corporation
Attorney General’s Department
Victims Compensation Tribunal
Attorney General’s Department
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
WorkCover Authority
Workers Compensation (Dust Diseases) Board
WorkCover Authority
sch 3: Am 2005 No 64, Sch 2.16; 2007 (386), Sch 1 [2]–[14]; 2007 (387), Sch 1 [4]; 2007 No 62, Sch 2.2; 2007 No 70, Sch 2.3; 2007 No 73, Sch 5.1; 2007 No 82, Sch 1.10; 2008 No 11, Sch 1.1.
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
Commissioner of the Land and Environment Court
Attorney General’s Department
Costs assessor appointed under the Legal Profession Act 2004
Attorney General’s Department
Director of Equal Opportunity in Public Employment
Department of Premier and Cabinet
Director of Liquor and Gaming
Department of the Arts, Sport and Recreation
Director-General of Funeral Funds appointed under the Funeral Funds Act 1979
Department of Commerce
Industrial Registrar
Attorney General’s Department
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
sch 4: Am 2005 No 98, Sch 2.27; 2007 (386), Sch 1 [2] [3] [15].
Schedule 5 Prescribed agencies
(Clause 8)
Audit Office
Ombudsman’s Office