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Appendix 1 - Freedom of Information
This statement is provided in accordance with Section 8 of the Freedom of Information Act 1982 (the FOI Act) and is correct as at 30 June 2002.
Section 8 of the FOI Act requires each agency to publish detailed information about the way it is organised, its powers, the kinds of decisions made, arrangements for public involvement in work of the agency, documents held by the agency and how members of the public can access these documents.
Access to records under the FOI Act
The FOI Act extends the right to obtain access to documents in the possession of Commonwealth Government agencies. Under the FOI Act, the Department of Communications, Information Technology and the Arts (DCITA) makes available information about the organisation, its functions and operations, and rules and practices used in making decisions affecting members of the public.
Any member of the public is entitled to apply for access to documents under the FOI Act. In many cases there may be no need to use the FOI Act-the information being sought may be readily accessible through the Department's website at www.dcita.gov.au or by contacting the Manager of Corporate Communications on 02 6271 1255.
Decisions on granting access to documents under the FOI Act are generally made by the Departmental Secretary and/or the Senior Executive Service officer responsible for the work area to which the request relates. Access is usually provided in the form of copies of documents and, if necessary, the Department can provide a reading area for the inspection of documents made available under the FOI Act.
Members of the public seeking access to documents under the FOI Act should make a request in writing to the Department or the relevant Portfolio agency and enclose the fee payable under the regulations in respect of the request. These requests should include contact details including a telephone number and an address in Australia to which notifications can be posted. The Department's FOI Coordinator, phone 02 6271 1657, can help with this process.
FOI requests for DCITA, Artbank, Old Parliament House and the National Portrait Gallery should be addressed to:
The Secretary
Department of Communications, Information Technology and the Arts
GPO Box 2154
CANBERRA ACT 2601
Attention: Freedom of Information Coordinator
FOI requests for National Science and Technology Centre (Questacon) should be addressed to:
National Science and Technology Centre
PO Box E28
KINGSTON ACT 2604
Attention: Freedom of Information Coordinator
FOI requests for ScreenSound Australia, the National Screen and Sound Archive, should be addressed to:
ScreenSound Australia
GPO Box 2002
CANBERRA ACT 2601
Attention: Freedom of Information Coordinator
The following agencies are part of the Communications, Information Technology and the Arts Portfolio, but are not part of the Department's functional and organisational structure. If you wish to obtain information or documents from these agencies, please contact them directly. These details are available at Appendix 2.
- Australia Business Arts Foundation Limited;
- Australia Council;
- Australia Post;
- Australian Broadcasting Authority;
- Australian Broadcasting Corporation;
- Australian Communications Authority;
- Australian Film Commission;
- Australian Film Finance Corporation Limited;
- Australian Film, Television and Radio School;
- Australian National Maritime Museum;
- Australian Sports Commission;
- Australian Sports Drug Agency;
- Australian Sports Foundation Limited;
- Bundanon Trust;
- Film Australia Limited;
- National Archives of Australia;
- National Gallery of Australia;
- National Library of Australia;
- National Museum of Australia;
- National Office for the Information Economy;
- NetAlert Limited;
- Special Broadcasting Service Corporation; and
- Telstra.
Categories of documents
The Department has extensive documentary holdings. Certain categories of documents
are common throughout the Department. These include:
- policy advice and internal administration (financial, staffing, office procedures and similar) documents;
- documents relating to policy and portfolio administration, including reports, briefings, correspondence, minutes, submissions and other documents;
- tender proposals, evaluations and contracts;
- cabinet submissions;
- ministerial briefings;
- records of representations to the Minister and of other applications for advice and assistance;
- reference material used by staff including guidelines and manuals;
- audio and visual recordings-held as part of the Department's cultural development activities; and
- legal advice and electronic records maintained on departmental databases.
Records maintained by the Department include material relating to:
Cultural matters
- performing, literary and visual arts;
- science and technology;
- online cultural services;
- cultural industry development;
- library and information services;
- arts and heritage collection agencies;
- cultural taxation incentives schemes;
- arts education;
- international cultural relations;
- public and educational lending rights;
- book industry assistance plan;
- cultural access programs (Playing Australia, Festivals Australia and Visions of Australia);
- taxation issues relating to the cultural sector;
- return of Indigenous cultural property;
- Cultural Ministers Council;
- national cultural organisations;
- use of new media in the cultural sectors;
- promotion of sponsorship and philanthropy for the arts;
- National Portrait Gallery;
- Old Parliament House;
- the Centenary of Federation in 2001;
- the Acton Peninsula Project;
- Federation Fund Major Projects;
- Federation Community Projects;
- Federation Cultural and Heritage Projects;
- film;
- film agencies;
- sports statistics;
- Recreation and Sport Industry Statistical Group;
- national recreation safety organisations;
- national anti-doping policy;
- national anti-doping programs;
- international anti-doping forums;
- Commonwealth Games;
- Olympic Games;
- public liability insurance;
- sports participation;
- sport and leisure industry;
- Sport and Recreation Ministers Council; and
- Standing Committee on Recreation and Sport.
Telecommunications
- telecommunications policy, legislation and regulation;
- radiocommunications policy, legislation and regulation;
- postal policy, legislation and regulation;
- international communications-bilateral and multilateral arrangements including INTELSAT, INMARSAT, UPU and APPU;
- national relay service;
- communications standards arrangements;
- regional telecommunications infrastructure fund;
- maintaining international linkages and institutional frameworks through ITU, APEC, WTO and other relevant multilateral fora;
- Telstra and Australia Post-corporate accountability;
- Radiofrequency Electromagnetic Energy Program;
- Networking the Nation Program, including Social Bonus Programs;
- Telecommunications Service Inquiry implementation;
- Untimed Local Calls in Extended Zones Agreement-in association with the Australian Communications Authority (ACA) manage implementation of contract awarded to Telstra;
- Mobile Phones on Highways Agreement-manage implementation of contract, awarded to Vodafone; and
- Telecommunications Action Plan for Remote Indigenous Communities.
Information and communications technology (ICT) industry
- ICT industry development policy, including ICT Framework for the Future initiative;
- ICT industry development programs;
- ICT industry development aspects of government procurement; and
- ICT Centre of Excellence.
Broadcasting and intellectual property
- commercial and satellite broadcasting;
- community broadcasting;
- national broadcasting;
- broadcasting technology;
- television and radio, including digital conversion, pay television, subscription and narrowcasting services;
- intellectual property policy;
- online content policy and legislation, including online gambling regulation; and
- TV Fund, including TV Blackspots Program.
Corporate and business
- financial management;
- personnel matters;
- staff manuals and investigation reports;
- legal advice, instructions to solicitors and Counsel concerning matters before courts and tribunals;
- freedom of information requests;
- Ombudsman complaints;
- privacy complaints;
- documents relating to the drafting of contracts and information management; and
- other corporate support services.
Questacon-National Science and Technology Centre
- science and technology;
- education; and
- corporate support.
ScreenSound Australia, the National Film and Sound Archive
- management of the national collection of moving image and recorded sound materials;
- conservation and preservation; and
- corporate support.
Manuals
In accordance with section 9 of the FOI Act, a list has been compiled of unpublished manuals and other documents used by Departmental staff as a guide to procedures and practices to be followed when dealing with the public. The list is correct as at 30 June 2002 and is available on request from the FOI Coordinator or any office of the National Archives of Australia.
Organisation and functions
Information about the organisation and functions of the Department is contained in the Overview and Management and Accountability sections of this Annual Report.
Outside participation and public involvement
The Department is open to the views of outside organisations and provides opportunities for members of the community and industry to contribute to developing aspects of Australia's communications, information technology, arts and sports sectors through its:
- representation on consultative cultural and sport bodies including the Cultural Ministers Council Standing Committee, Cultural Ministers Council Statistics Working Group, Standing Committee on Recreation and Sport, Plan Implementation Committee, Recreation and Sport Industry Statistical Group, Game Plan Implementation Committee, Beijing 2008 Olympic Games Coordination Group;
- information sharing about regional communications issues through the Online Council Regional Communications Working Group and the Telecommunications Action Plan for Remote Indigenous Communities Advisory Group;
- representation on the Law Enforcement Agency Committee providing advice to Government about law enforcement and national security issues relating to telecommunications;
- engagement with key industry stakeholders through bodies such as the Radiocommunications Consultative Council, Internet Assistance Panel Advisory Panel, Service Provider Industry Association and Broadband Advisory Group;
- participation as observers in the Free-to-Air Digital Television Strategy Group and NetAlert Board;
- membership on consultative bodies including the ScreenSound Australia Council, Indigenous Reference Group, Heads of Cultural Organisations Forum, Australasian Sound Recordings Association, Australian Cinematographers Society, Australian Library and Information Association;
- liaison with other Commonwealth departments and agencies with relevant technical competencies in areas including sport, film, taxation, regional development, statistics and exporting, and as advisers on the merits of grant applications;
- contribution to Government responses for formal reviews and inquiries including the Contemporary Visual Arts and Craft Inquiry, the ACCC price controls report, the Productivity Commission report on telecommunications competition, the Radiocommunications Review Report, and the Intellectual Property and Competition Review;
- dialogue with state and territory governments and the Australian sporting community on the development of a World Anti-Doping Code;
- consultation with local communities and councils in planning and staging Big Screen 2001 and 2002;
- regular exchange of views with the Council of Europe on compliance with anti-doping commitments;
- negotiations on a proposed Free Trade Agreement between Australia and Singapore as a member of the Australia delegation;
- participation in the international Working Group of Legal Experts on the Protection of Traditional Knowledge and Expressions of Culture (a UNESCO-sponsored body);
- contribution to meetings of the international Council of Administration (Universal Postal Union-United Nations) developing common mail service rules between and within the 189 member countries;
- briefing and consultation meetings with communication industry groups and representatives on the development of national positions for international policy fora including the International Telecommunication Union (ITU), Asia-Pacific Economic Cooperation (APEC) and Asia-Pacific Telecommunity (APT); and
- representation on international film and sound archive bodies including the Association of Moving Image Archivists, the International Association of Sound and Audiovisual Archives, International Federation of Film Archives, South East Asia-Pacific Audiovisual Archive Association.
Decision-making powers of the Department affecting members of the public
Decision-making powers of the Department affecting members of the public are exercised under or in relation to:
- the Appropriation (Supplementary Measures) Act (No.1) 1999;
- the Archives Act 1983;
- the Australia Council Act 1975;
- the Australian Broadcasting Corporation Act 1983;
- the Australian Communications Authority Act 1997;
- the Australian Film Commission Act 1975;
- the Australian Film, Television and Radio School Act 1973;
- the Australian National Maritime Museum Act 1990;
- the Australian Sports Commission Act 1989;
- the Australian Sports Drug Agency Act 1990;
- the Australian Postal Corporation Act 1989;
- the Broadcasting Services Act 1992;
- the Copyright Act 1968;
- the Datacasting Charge Imposition Act 1998;
- the Film Licensed Investment Company Act 1998;
- the Financial Management and Accountability Act 1997;
- the Income Tax Assessment Act 1936--Divisions 10B and 10BA for certification of Australian films for tax concessions; section 30-210 for the approval of valuers for the Cultural Gifts Program; subsection 30-305(2) for the approval of cultural organisations for the Register of Cultural Organisations; and Division 376 for the certification of films for eligibility for the refundable tax offset for film production in Australia;
- the Interactive Gambling Act 2001;
- the Migration Regulations 1994, Schedule 2-in respect of the entry of foreign actors to Australia;
- the National Gallery Act 1975;
- the National Library Act 1960;
- the National Museum of Australia Act 1980;
- the National Transmission Network Sale Act 1998;
- the NRS Levy Imposition Act 1998;
- the Public Lending Right Act 1985;
- the Public Service Act 1999;
- the Radiocommunications Act 1992;
- the Radiocommunications (Receiver Licence Tax) Act 1983;
- the Radiocommunications (Spectrum Licence Tax) Act 1997;
- the Radiocommunications Taxes Collection Act 1983;
- the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992;
- the Radiocommunications (Transmitter Licence Tax) Act 1983;
- the Radio Licence Fees Act 1964;
- the Special Broadcasting Service Act 1991;
- the Telecommunications Act 1997;
- the Telecommunications (Carrier Licence Charges) Act 1997;
- the Telecommunications (Consumer Protection and Service Standards) Act 1999;
- the Telecommunications (Numbering Charges) Act 1997;
- the Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997;
- the Telecommunications (Universal Service Levy) Act 1997;
- the Television Licence Fees Act 1964;
- the Telstra Corporation Act 1991; and
- the Trade Practices Act 1974, Parts XIB and XIC.