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Appendix 1 - Freedom of Information
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, use of the FOI Act may not be necessary-the information may be readily accessible through the DCITA's website at www.dcita.gov.au or by contacting the Manager of Corporate Communications by telephone 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, DCITA 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 DCITA or the relevant portfolio agency and enclose the fee payable under the regulations in respect of the request. These requests should include your contact details including a telephone number and an address in Australia to which notifications can be posted. DCITA's FOI Coordinator can help with this process and is available by calling 02 6271 1657.
FOI requests for DCITA 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
From 1 July 2003, Questacon-the National Science and Technology Centre will become part of the Department of Education, Science and Training. FOI requests relating to Questacon may be addressed to the FOI Coordinator for that Department or to:
National Science and Technology Centre
PO Box E28
KINGSTON ACT 2604
Attention: Freedom of Information Coordinator
From 1 July 2003, ScreenSound Australia-the National Screen and Sound Archive will become part of the Australian Film Commission (AFC). FOI requests can be addressed to the AFC or 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 DCITA'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 Ltd
- Australia Council
- Australian Broadcasting Authority
- Australian Broadcasting Corporation
- Australian Communications Authority
- Australian Film Commission
- Australian Film, Television and Radio School
- Australian National Maritime Museum
- Australian Postal Corporation
- Australian Sports Commission
- Australian Sports Drug Agency
- Bundanon Trust
- Film Australia Limited
- Film Finance Corporation Australia Limited
- National Archives of Australia
- National Office for the Information Economy
- National Gallery of Australia
- National Library of Australia
- National Museum of Australia
- NetAlert
- Special Broadcasting Service Corporation
- Telstra Corporation Limited
Categories of documents
DCITA 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 DCITA's cultural development activities; and
- legal advice and electronic records maintained on departmental databases.
Other records maintained by the Department include material relating to the following.
Cultural matters:
- performing, literary and visual arts;
- science and technology;
- online cultural and heritage 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, Contemporary Music Touring Program, Visions of Australia and Art Indemnity Australia);
- taxation issues relating to the cultural sector;
- trade issues relating to the cultural sector;
- return of Indigenous cultural property;
- Cultural Ministers Council;
- national cultural organisations;
- use of new media in the cultural and heritage 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;
- Standing Committee on Recreation and Sport;
- Australian Sports Commission; and
- Australian Sports Drug Agency.
Telecommunications:
- telecommunications policy, legislation and regulation;
- postal policy, legislation and regulation;
- international communications-bilateral and multilateral arrangements including Universal Postal Union and Asian-Pacific Postal Union;
- National Relay Service;
- communications standards arrangements;
- maintaining international linkages and institutional frameworks through ITU, APEC, WTO and other relevant multilateral fora;
- Telstra and Australia Post-corporate accountability;
- Telecommunications Service Inquiry Implementation;
- Telecommunications Action Plan for Remote Indigenous Communities;
- Consumer Representation and Research Grants Program;
- Bilateral trade and cooperation including free trade negotiations; and
- Regional Telecommunications Inquiry.
Information and Communications Technology (ICT) Industry and Intellectual Property:
- ICT industry development policy, including ICT Framework for the Future initiative;
- ICT industry development programs;
- ICT industry development aspects of government procurement;
- ICT Centre of Excellence;
- ICT industry development programs;
- ICT industry development aspects of government procurement;
- Networking the Nation Program, (including 'Social Bonus' Program);
- Untimed Local Calls in Extended Zones Agreement in association with the Australian Communications Authority-manage implementation of contract awarded to Telstra;
- Mobile Phones along Highways Agreement-manage implementation of contract awarded to Vodafone;
- Regional Telecommunications Infrastructure Fund;
- National Communications Fund;
- Intellectual Property policy; and
- Commonwealth Copyright Administration.
Broadcasting:
- commercial and satellite broadcasting;
- community broadcasting;
- national broadcasting;
- broadcasting technology;
- international communications-bilateral and multilateral arrangements including Intelsat, Inmarsat;
- television and radio, including digital conversion, pay television, subscription and narrowcasting services;
- radiocommunications policy, legislation and regulation;
- online content policy and legislation, including online gambling regulation;
- Television Fund, including Television Black Spots Program;
- Television Black Spots-Alternative Technical Solutions Program; and
- Commercial Radio Black Spots Program.
Legal:
- legal advice, instructions to solicitors and Counsel concerning matters before courts and tribunals;
- Freedom of Information requests;
- Ombudsman complaints;
- privacy complaints; and
- documents relating to the drafting of contracts and information management.
Corporate and Business:
- personnel matters;
- staff manuals and investigation reports; and
- other corporate support services.
Finance and Budgets:
- budget management
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 2003 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 Report.
Decision-making powers of DCITA affecting members of the public
Decision-making powers of the Department and/or the Minister, which may affect members of the public, are exercised under or in relation to the following Acts or regulations or other instruments made under those Acts:
- Appropriation (Supplementary Measures) Act (No. 1) 1999;
- Archives Act 1983;
- Australian Broadcasting Corporation Act 1983;
- Australian Communications Authority Act 1997;
- Australia Council Act 1975;
- Australian Film Commission Act 1975;
- Australian Film, Television and Radio School Act 1973;
- Australian National Maritime Museum Act 1990;
- Australian Postal Corporation Act 1989;
- Australian Sports Commission Act 1989;
- Australian Sports Drug Agency Act 1990;
- Broadcasting Services Act 1992;
- Copyright Act 1968;
- Datacasting Charge Imposition Act 1998;
- Film Licensed Investment Company Act 1998;
- Financial Management and Accountability Act 1997;
- Income Tax Assessment Act 1936-Divisions 10B and 10BA of Part III for certification of Australian films for tax concessions;
- Income Tax Assessment Act 1997-section 30-210 for the approval of valuers for the Cultural Gifts Program; subsection 30-305(2) in Division 30 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;
- Migration Regulations 1994, Schedule 2-in respect of the entry of foreign actors to Australia;
- National Gallery Act 1975;
- National Library of Australia Act 1960;
- National Museum of Australia Act 1980;
- National Transmission Network Sale Act 1998;
- NRS Levy Imposition Act 1998;
- Public Lending Right Act 1985;
- Public Service Act 1999;
- Radiocommunications Act 1992;
- Radiocommunications (Receiver Licence Tax) Act 1983;
- Radiocommunications (Spectrum Licence Tax) Act 1997;
- Radiocommunications Taxes Collection Act 1983;
- Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992;
- Radiocommunications (Transmitter Licence Tax) Act 1983;
- Radio Licence Fees Act 1964;
- Special Broadcasting Service Act 1991;
- Telecommunications Act 1997;
- Telecommunications (Carrier Licence Charges) Act 1997;
- Telecommunications (Consumer Protection and Service Standards) Act 1999;
- Telecommunications (Numbering Charges) Act 1997;
- Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997;
- Telecommunications (Universal Service Levy) Act 1997;
- Television Licence Fees Act 1964;
- Telstra Corporation Act 1991; and
- Trade Practices Act 1974, Parts XIB and XIC.
Arrangements for outside participation and public involvement
The Department is open to the views of outside organisations and provides opportunities for members of the community to contribute to developing aspects of Australia's communications, information technology, arts and sports sectors.
DCITA has an ongoing involvement with the following bodies:
Australia Business Arts Foundation
The Australia Business Arts Foundation is a wholly owned Commonwealth company limited by guarantee. Established in 1994, the Foundation's primary purpose is to increase private sector support for Australian arts and culture.
Committee on Taxation Incentives for the Arts
This Committee was established to oversee the operation of the Cultural Gifts Program, which offers tax incentives for donations of cultural heritage items to public museums, art galleries and libraries and the former supplementary Cultural Bequests Program.
The Committee's principal role is to assess the acceptability of the valuations of gifts under the program and to make recommendations on the appointment of valuers.
Committee members are appointed on the basis of their expertise in cultural heritage matters, with a view to covering the full range of cultural heritage material and achieving representation from both the commercial and institutional sectors. The Australian Taxation Office provides a representative on the committee.
Community Broadcasting Foundation
The Community Broadcasting Foundation is an independent body, established to distribute funds to the community broadcasting sector. The Board of the Foundation is appointed by members of the community broadcasting sector and is structured to represent both community and special interest licensees and aspirant groups. A senior officer of DCITA is also on the Board.
Contemporary Music Touring Program Committee
The Contemporary Music Touring Program Committee advises the Minister for the Arts and Sport on the allocation of funds under the Australian Government's Contemporary Music Touring Program. The program is designed to develop viable touring opportunities for professional Australian musicians and increase audience access to Australian contemporary music performances across a range of music genres. Appointments to the five-member Committee are based on experience and expertise in the Australian music industry.
Cultural Ministers Council
The Cultural Ministers Council (CMC) was established in 1984-85 by agreement between the Prime Minister, the Premiers and the Chief Ministers' of the Northern Territory and the Australian Capital Territory. In 1991, New Zealand became a full member of the CMC in lieu of its previous status as an observer. The CMC is the Ministerial forum for exchanging views on issues affecting cultural activities in Australia and New Zealand and the basis for cooperative effort to cultural benefit to citizens of Australian States and Territories and New Zealand.
The CMC consists of the Ministers responsible for cultural activities in the Australian Government, the States and Territories and New Zealand. The relevant ministers from Papua New Guinea and a representative from Local Government are invited to attend meetings with observer status. The Department is represented on the Standing Committee of the Cultural Ministers Council.
The Department administers two programs on behalf of CMC:
- the Return of Indigenous Cultural Property Program supports the repatriation of ancestral remains and secret sacred objects from major Australian and State Government Museums to Australian Indigenous communities; and
- the National Collections Advisory Forum provides high level strategic advice to Ministers on issues of common concern to the collections sector.
Festivals Australia Committee
The Festivals Australia Committee advises the Minister for the Arts and Sport on the allocation of funds available under the Australian Government's cultural grants program, Festivals Australia. The program provides assistance to regional and community Australian festivals for the presentation of quality cultural activities, which add to the festivals' cultural program or enhance the projection of the local communities' cultural image. Committee members are appointed on the basis of their expertise in the area of festival presentation with a view to achieving representation from both the commercial and institutional sectors.
Film Certification Advisory Board
The Board provides advice to the Minister for the Arts and Sport on certificates of eligibility for the refundable film tax offset program, and advises the Minister in relation to any policy issues relevant to the film tax offset scheme, including administrative processes for the scheme. The Minister for the Arts and Sport appoints film industry representatives to the Board as part-time members on the basis of experience and expertise in feature film production. The Chair of the Board is a Senior Executive Service employee of the Department nominated by the Secretary.
Game Plan Implementation Committee
The Game Plan Implementation Committee was formed in 2001 to oversee initial implementation of the Sport and Leisure Industry Strategic National Plan-Game Plan 2006. The term of the Committee expired on 31 December 2002. The Committee provided strategic guidance to capitalise on Australia's reputation as a sporting nation and achieve the long-term vision of Australian sport and leisure businesses regarded as world-class providers of goods and services.
The Department was represented on the Committee together with a representative of the Australian Sports Commission, the Victorian Department of Sport and Recreation, a representative of the Standing Committee on Recreation and Sport and two members with stakeholder interests.
Internet Assistance Program Advisory Panel
The Internet Assistance Program (IAP) was established to help dial-up Internet users obtain a minimum Internet throughput speed equivalent to 19.2kbps. The IAP Advisory Panel was established to independently monitor the IAP, report and provide feedback to the Minister on the overall effectiveness of the Program. Panel Members have been drawn from sectors with a particular interest in the delivery of effective Internet services and the needs of regional and rural Australia.
Media and Communications Council
The Media and Communications Council (MACC) is an informal body made up of representatives of public interest groups, trade unions and consumer organisations with an interest in broadcasting issues. It seeks to promote information flow to the public, and public participation in the decision-making processes affecting broadcasting. Present membership of the MACC includes the Communications Law Centre; the Media, Entertainment and the Arts Alliance; the Australian Caption Centre; the Community and Public Sector Union; the Australian Writers Guild; and the Australian Federation of Consumer Organisations. DCITA meets with MACC twice a year.
Online Council
The Online Council is chaired by the Minister for Communications, Information Technology and the Arts. Its members include senior Ministers from State and Territory jurisdictions and a representative from Local Government. The Council meets periodically to discuss policy issues related to telecommunications and the information economy. Secretariat support is provided by the National Office for the Information Economy.
Playing Australia Committee
The Playing Australia Committee advises the Minister for the Arts and Sport on the allocation of funds available under the Australian Government's cultural grants program, Playing Australia, which provides assistance for touring performing arts where this is not commercially viable and there is a demonstrated demand. Committee members are appointed on the basis of their expertise in the area of performing arts touring with a view to achieving representation from both the commercial and institutional sectors.
Public Lending Right Committee
The Public Lending Right (PLR) Committee, appointed by the Minister for the Arts and Sport in accordance with the Public Lending Right Act 1985, determines eligibility, approves payments and provides advice and recommendations to the Minister about the operation of the Act or the Public Lending Right Scheme. Committee members comprise representatives from the writing, publishing and library communities. The PLR Committee also provides advice to the Minister on administration and operational matters relating to the new Educational Lending Right Scheme.
Sport and Recreation Ministers Council
The Sport and Recreation Ministers Council (SRMC) was established in 1973 to provide the major mechanism for consultation and cooperation between the Australian, State and Territory Governments. Membership of the SRMC is comprised of the Australian Government Minister for the Arts and Sport, State and Territory Ministers with responsibility for sport and recreation matters, the New Zealand Minister responsible for sport and recreation matters, and the Papua New Guinea Minister responsible for sport and recreation matters. The SRMC meets annually. DCITA is represented on the Standing Committee on Recreation and Sport (SCORS) which supports the SRMC.
Standing Committee on Recreation and Sport
SCORS is a meeting of officials, which supports the SRMC. Membership is comprised of a representative from both DCITA and the Australian Sports Commission. Each State and Territory department/agency with responsibility for sport and recreation matters is also represented.New Zealand and Papua New Guinea also have a representative on the Committee.
Visions of Australia Committee
The Visions of Australia Committee advises the Minister for the Arts and Sport on the allocation and future directions of touring and development of grants for national touring cultural exhibitions under the Australian Government's Visions of Australia Program. Committee members are appointed on the basis of their expertise in the touring of cultural exhibitions with a view to achieving representation from both the commercial and institutional sectors.
Networking the Nation Board
The Networking the Nation (NTN) Board, appointed by Cabinet, assesses applications for funding under the NTN and Social Bonus Programs, approving payments to successful applicants. The Board members bring expertise on the telecommunications needs of regional, rural and remote communities.
The Low Income Measures Assessment Committee
The Low Income Measures Assessment Committee (LIMAC) was established by Telstra pursuant to its carrier licence conditions. It is largely comprised of representatives from welfare organisations. Among other functions, LIMAC must report annually to the Minister for Communications, Information Technology and the Arts on the effectiveness of Telstra's products for low-income consumers.