(Ebook) Freedom of information and privacy in Australia information access 2 0 2nd Edition by Moira Paterson ISBN 9780409339123 0409339121

(Ebook) Freedom of information and privacy in Australia information access 2 0 2nd Edition by Moira Paterson ISBN 9780409339123 0409339121

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ISBN 10: 0409339121
ISBN 13: 9780409339123
Author: Moira Paterson

(Ebook) Freedom of information and privacy in Australia information access 2 0 2nd Edition Table of contents:

Chapter 1 Overview, Interrelationships and Contexts
Introduction
Transparency laws
Freedom of information laws
Background
Commonwealth
NSW
Victoria
Rationales for transparency
Other laws that affect the transparency of government information
Laws that enhance transparency
Laws requiring reasons for decisions
Whistleblower protection laws
Laws requiring the proactive disclosure of information
Laws that may impact negatively on transparency
Privacy laws
The concept of privacy
Information privacy laws
Background
Commonwealth
NSW
Victoria
Commentary
Common law
Other statutory protection
Statutory secrecy provisions
Human rights laws
Data-matching restrictions
Electronic health records
Spent convictions regimes
Telecommunications laws
Laws regulating unsolicited marketing activities
Other criminal laws that protect aspects of privacy
Surveillance device laws
Public records laws
The interrelationship between FOI, information privacy and public records laws
FOI and information privacy
FOI and public records
Commonwealth
NSW
Victoria
Information privacy and public records
Commonwealth
NSW
Victoria
Commentary
Broader contexts
Modern public management practices
Technological developments
The post-September 11 national security environment
Chapter 2 Key Elements of the Legislation
Introduction
FOI laws
Interpretation
Objectives and interpretation clauses
Drafting of exemption provisions
Scope
Persons and bodies covered
Types of documents covered
Categories of documents excluded from access
Information privacy laws
Overview
Privacy Act 1988 (Cth)
Objectives
Scope
Application to health information
Obligations to comply with the APPs
Obligations to comply with requirements relating to tax file number information
Obligations to comply with credit reporting requirements
The credit reporting requirements
Credit providers
Privacy and Personal Information Protection Act 1998 (NSW)
Interpretation
Scope
Obligations to comply with IPPs
Commentary
Privacy and Data Protection Act 2014 (Vic)
Interpretation
Scope
Obligations to comply with IPPs
Commentary
Health Records and Information Privacy Act 2002 (NSW)
Interpretation
Scope
The Health Privacy Principles
Health Records Act 2001 (Vic)
Interpretation
Scope
The Health Privacy Principles
Commentary
Public records laws
Archives Act 1983 (Cth)
State Records Act 1998 (NSW)
Public Records Act 1973 (Vic)
Commentary
Chapter 3 Access and Amendment under FOI Laws
Introduction
Access
Informal access
The parameters of the access rights
Universal and unconditional access
The requirement of possession
Making an application
Requirements for a valid application
Personnel documents
Responding to an application
Persons authorised to make decisions concerning access
Time limits for responses
Transfer of applications to other persons or bodies
Requirements to provide assistance to persons making applications for access
Possible decisions in response to applications for access
Access to a document in accordance with a request
Access to a copy with deletions
Deferral of access
Refusal of access
Refusal to confirm or deny the existence of documents
Forms of access
Requirements concerning responses to applications
Commonwealth
NSW
Victoria
Grounds on which access can be refused
Documents that cannot be found
Refusal of access on workload grounds
Charges for access
Commonwealth
NSW
Victoria
Commentary
Procedures for consulting with third parties
Commonwealth
NSW
Victoria
Commentary
Other
Requirements concerning personal documents prejudicial to an applicant’s health or well-being
Protections against liability
FOI amendment rights
Parameters of amendment rights
Preconditions for requesting amendment
Personal information/personal affairs
Commentary
The grounds for amendment
Incomplete
Incorrect
Out of date
Misleading
Commentary
Making a request for amendment
Making an application
Responding to a request for amendment
Authorised decision-makers
Transfers of applications
Obligations to respond
Obligations to provide assistance
Possible responses to applications for amendment
Methods by which data may be corrected
Alteration
Deletion
Annotation
Scope of amendment right
Commentary
Chapter 4 Access and Amendment under Information Privacy and Public Records Laws
Introduction
Information privacy laws
Introduction
Privacy Act 1988 (Cth)
The APPs
Credit reporting requirements
Privacy and Personal Information Protection Act 1998 (NSW)
Parameters of the access and amendment rights
Access to personal records
Procedures for the exercise of access rights
Amendment of personal records
Privacy and Data Protection Act 2014 (Vic)
Parameters of the access and amendment rights
Access to personal records
Amendment of personal records
Health Records and Information Privacy Act 2002 (NSW)
Parameters of access and amendment rights
Access to personal records in the public sector
Access to personal records in the private sector
Amendment of personal records
Health Records Act 2001 (Vic)
Parameters of access and amendment rights
Access to private sector records in the public sector
Amendment of personal records
Commentary
Public records laws
Introduction
Archives Act 1983 (Cth)
Parameters of access
Making a request for access
Forms of access
Grounds for refusal of access
Requirements to provide assistance with requests for access
Charges for access
Responding to requests for access
Procedures for consultation with third parties
Protection from liability
State Records Act 1998 (NSW)
Parameters of access
Requirements concerning access directions
Authorisation of earlier access
Making a request for access
Forms of access
Grounds for refusal of access
Charges for access
Responding to requests for access
Protection from liability
Public Records Act 1973 (Vic)
Parameters of access
Making a request for access
Grounds for refusal
Protection from liability
Commentary
Chapter 5 Exemption Provisions: Introductory Issues
Introduction
FOI laws
Drafting characteristics
Process vs substance
Class claims vs adverse effect
Reasonable expectation
Adverse effect and other prejudice
Absolute vs relative tests
Public interest
Commonwealth
NSW
Victoria
Insights from the decisions of review bodies
Public interest factors in favour of disclosure
Formulations containing a reasonableness criterion
Common law tests
Disclosure under the Act
Onus of proof
Powers of external review bodies in relation to exempt documents
The public interest override
Conclusive certificates
Information privacy laws
Public records laws
Commonwealth
NSW
Victoria
Chapter 6 Exemptions that Protect Third Party Interests
Introduction
FOI laws
Documents affecting personal privacy
The personal privacy exemptions
The information protected
Unreasonableness and public interest considerations
The exception for an applicant’s own personal records
Provision of indirect access on therapeutic grounds
Other grounds for refusing access to personal information
Documents relating to the business affairs of third parties
Overview
Trade secrets
Reasonable expectation of damage to commercial value
Damage to commercial affairs
The information protected
Reasonable expectation of adverse effect
Unreasonably affect
The exception for an applicant’s own records
Commentary
Information privacy laws
Disclosure limitation principles
Commonwealth
NSW
Victoria
Exceptions to rights of access
Commonwealth
NSW
Victoria
Public records laws
Commonwealth
Commentary
NSW
Victoria
Chapter 7 Access Exemption Provisions Protecting the Internal Processes and the Business Affairs of Agencies
Introduction
Freedom of information laws
Deliberative processes documents
The information protected
Public interest
Exclusions
Commentary
Documents affecting the business affairs, financial and property interests and operations of agencies
Trade secrets and business affairs
Financial and property interests
Research activities
Tests, examinations and audits
Management or assessment of personnel
Proper and efficient conduct of operations
Negotiations etc
Commentary
Information received in confidence
The exemptions that protect against breach of confidence per se
The exemptions that focus on the interest of agencies in receiving confidential information
Prejudice to future supply of information
Information that would be exempt if generated by an agency
Documents of local councils
Commentary
Information privacy laws
Commonwealth
NSW
Victoria
Public records laws
Commonwealth
NSW
Victoria
Chapter 8 Access Exemption Provisions Protecting Governmental and Public Interests
Introduction
FOI laws
Documents relating to national security etc
Commonwealth
NSW
Victoria
Commentary
Documents affecting Commonwealth, state or interstate relations
Damage or prejudice to intergovernmental relations
Information received in confidence
Public interest
Reverse-FOI
Cabinet/Executive Council documents
Official records
Documents prepared for submission/consideration
Documents that would reveal decisions/deliberations
Briefing documents
Others
Copies and drafts
Purely factual material or purely statistical, technical or scientific material
Commentary
Law enforcement documents
Prejudice to law enforcement investigations and administration of the law
Disclosure of confidential sources
Danger to life or physical safety
Prejudice to fair trial or impartial adjudication
Prejudice to methods for preventing breaches
Prejudice to lawful methods for protecting public safety
Documents created by intelligence agencies
Exceptions
Commentary
Documents subject to secrecy requirements
Commonwealth
NSW
Victoria
Commentary
Documents subject to legal professional privilege
The primary test
Waiver
Commentary
Documents affecting the economy
Documents subject to contempt etc
Contempt of court
Disclosure contrary to the order of a Royal Commission or other body
Contempt of parliament
Documents arising out of the companies and securities legislation
Electoral rolls and related documents
Commentary
Local council documents
Provisions that exempt materials of the type otherwise excluded under the other FOI Acts
Adoption records
Other provisions unique to the NSW Act
Qualified exemptions in the table in s 14
Absolute exemptions in Sch 1
Information privacy laws
Commonwealth
NSW
Victoria
Public records laws
Commonwealth
NSW
Victoria
Chapter 9 Freedom of Information Oversight and Review
Introduction
Commonwealth
Legislative oversight
Review of FOI decisions
Current position
Proposed position
Investigations and complaints handling
Current position
Proposed position
NSW
Legislative oversight
Review of FOI decisions
Overview
Internal review
Commissioner review
Tribunal review
Judicial review
Vexatious applicants
Investigations and complaints handling
Victoria
Legislative oversight
Professional standards
Review of FOI decisions
Overview
Internal review
Commissioner review
Appeals and judicial review
Tribunal review
The nature of the review process in respect of documents subject to conclusive certificates
Effect of decisions concerning certificates
Judicial review
Investigations and complaints handling
Chapter 10 Review under Information Privacy and Public Records Laws
Information privacy laws
Introduction
Privacy Act 1988 (Cth)
Complaints to the Privacy Commissioner
Enforcement of determinations
Appeals to the AAT
Injunctions
Payment of costs
Protection from legal liability
Offences
Judicial review
Commentary
Privacy and Personal Information Protection Act 1998 (NSW)
Complaints to the NSW Privacy Commissioner
The Commissioner’s powers
Review by the NSW Civil and Administrative Tribunal
Offences
Protection from liability
Effect on legal rights of persons
Commentary
Health Records and Information Privacy
Complaints against public sector bodies
Complaints against private sector persons
Review by the NSW Civil and Administrative Tribunal
Offences
Protection from liability
Effect on legal rights of persons
Commentary
Privacy and Data Protection Act 2014 (Vic)
Complaints to the Victorian Privacy and Data Protection Commissioner
Powers of the VCAT
Offences
Protection from liability
Nature of rights conferred under the Act
Commentary
Health Records Act 2001 (Vic)
Complaints to the Victorian Health Services Commissioner
Powers of the VCAT
Offences
Protection from liability
Nature of rights conferred under the Act
Commentary
Public records laws
Archives Act 1983 (Cth)
Internal review
Ombudsman review
Tribunal review
State Records Act 1998 (NSW)
Commentary
Public Records Act 1973 (Vic)
Commentary
Chapter 11 Publication Requirements
FOI laws
Requirements to publish specified information and internal laws
Publication regimes
Requirements to publish specified categories of information
Commonwealth
NSW
Victoria
Requirements to publish internal laws
Commonwealth
NSW
Victoria
Disclosure logs
Commonwealth
NSW
Reporting requirements
Commonwealth
NSW
Victoria
Commentary
Government contracts
Commonwealth
NSW
Victoria
Information privacy laws
Reporting the outcomes of complaints
Openness principles
Other publication requirements
More general requirements to educate
Public records laws
Commonwealth
NSW
Victoria
Other publication requirements
Public registers
Chapter 12 Overview and Future Directions
Introduction
The OAIC regime and the rationale for its dismantlement
FOI laws
Overview
Assessment
Information privacy laws
Health records laws
Public records laws
Appendix I
Appendix II
Appendix III
Bibliography
Index

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Tags: Moira Paterson, Freedom, information, Australia