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:

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:

(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