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Appendix 5 - 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 1 July 2004.

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

Members of the public are entitled to apply for access to documents under the FOI Act. In many cases the FOI Act may not need to be used - 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 by telephone on 02 6271 1255.

Decisions on granting access to documents under the FOI Act are generally made by 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. Alternatively, 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 can help with this process. Telephone 02 6271 1657.

FOI requests for the Department 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

Portfolio agencies, listed at page 10 are part of the Communications, Information Technology and the Arts portfolio, but are not part of the Department's functional and organisational structure. To obtain information or documents from these agencies, please contact them directly. Contact details are provided at Appendix 1.

Categories of documents

The Department has extensive documentary holdings, in hard copy and electronic form. Certain categories of documents are common throughout the Department. These include:

• documents relating to policy development and program administration, including reports, briefings, correspondence, minutes, submissions, statistics and other documents;
  
• Cabinet submissions;
  
• Ministerial briefings;
  
• records of representations to the Ministers 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.

The subject matter of departmental records includes the following.

Cultural and sporting matters

• performing, literary and visual arts
  
• collections sector
  
• international cultural relations
  
• public and educational lending rights
  
• cultural access programs
  
• taxation issues relating to the cultural sector
  
• trade issues relating to the cultural sector
  
• return of Indigenous cultural property
  
• Cultural Ministers Council
  
• support for the arts and culture
  
• the Centenary of Federation in 2001
  
• Federation Fund projects
  
• film
  
• national recreation safety organisations
  
• national anti-doping policy and programs
  
• international anti-doping forums
  
• Olympic, Paralympic and Commonwealth Games
  
• public liability insurance
  
• sports participation
  
• sport and leisure industry
  
• Sport and Recreation Ministers Council
  
• portfolio agencies

Telecommunications

• telecommunications policy, legislation and regulation
  
• postal policy, legislation and regulation
  
• international communications-bilateral and multilateral arrangements including Universal Postal Union (UPU) and Asian-Pacific Postal Union (APPU)
  
• maintaining international linkages and institutional frameworks through ITU, APEC, WTO and other relevant multilateral forums
  
• Telstra and Australia Post - corporate accountability
  
• Networking the Nation (NTN) General Fund
  
• Telstra Social Bonus Programs
  
• Untimed Local Calls in Extended Zones Agreement
  
• Telecommunications Service Inquiry and Implementation of Government's response
  
• Telecommunications Action Plan for Remote Indigenous Communities (TAPRIC)
  
• Consumer Representation and Research Grants Program
  
• Bilateral trade and cooperation including free trade negotiations
  
• Regional Telecommunications Inquiry and Implementation of Government's response
  
• RTI Community Information Campaign
  
• Higher Bandwidth Incentive Scheme (HiBIS)

Information and communications technology (ICT) industry and intellectual property

• ICT industry development policy, including ICT Framework for the Future project
  
• ICT industry development programs
  
• ICT industry development aspects of government procurement
  
• ICT innovation policy, including Backing Australia's Ability - Building Australia's Future through Science and Innovation
  
• ICT Centre of Excellence
  
• Regional Telecommunications Infrastructure Fund
  
• National Communications Fund
  
• intellectual property policy
  
• Commonwealth Copyright Administration

Information economy

• Netspots Directory (a database collecting records of public Internet access facilities across Australia)
  
• Coordinated Communications Infrastructure Fund
  
• Broadband Demand Aggregation Brokers Program
  
• National Broadband Strategy Implementation Group (NBSIG)
  
• Broadband Advisory Group (BAG)
  
• IT Skills Hub
  
• digital divide
  
• community connectivity
  
• broadband development policy
  
• ICT industry skills
  
• ICT literacy
  
• e-Business
  
• Information Technology Online Program
  
• Critical infrastructure protection - cyber security component
  
• online legal and regulatory framework, including spam and Internet domain names
  
• e-Security and trust issues including: IT security skills; e-Security research and development, authentication; cyber security and cyber fraud
  
• maintaining international linkages and institutional frameworks through ITU, APEC, OECD, ICANN and other relevant multilateral forums

Broadcasting

• commercial, national, satellite and community 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
  
• TV Fund, including TV Black Spots program
  
• TV Black Spots - Alternative Technical Solutions (ATS) program
  
• Commercial Radio Black Spots program

Indigenous programs

• broadcasting program
  
• maintenance of Indigenous languages and records
  
• maintenance and promotion of Indigenous arts and cultures
  
• sporting opportunities for Indigenous people

Legal

• 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 legislation and contracts

Corporate and business

• human resource management policy and operations
  
• financial and budget management
  
• IT and facilities management
  
• other corporate support services

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 1 July 2004 and is available on request from the FOI Coordinator, any office of the National Archives of Australia (NAA), or the NAA website.

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.

Decision-making powers of the Department affecting members of the public

Decision-making powers of the Department and/or the Minister that 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:

• 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 Postal Corporation Act 1989;
  
• the Australian Sports Commission Act 1989;
  
• the Australian Sports Drug Agency Act 1990;
  
• the Broadcasting Services Act 1992;
  
• the Copyright Act 1968;
  
• the Datacasting Charge (Imposition Act) 1998;
  
• the Financial Management and Accountability Act 1997;
  
• the Income Tax Assessment Act 1936 - Divisions 10B and 10BA of Part III for certification of Australian films for tax concessions;
  
• the 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;
  
• the Interactive Gambling Act 2001;
  
• the Migration Regulations 1994, Schedule 2 - in respect to 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 (Transmitter Licence Tax) Act 1983;
  
• the Radio Licence Fees Act 1964;
  
• the Spam Act 2003;
  
• 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;
  
• the 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 sport sectors. Information about issues on which the Department is currently consulting is available on the Department's website at www.dcita.gov.au.

The Department has an ongoing involvement with the following bodies, which play a role in consulting with the community and industry:

• Committee on Taxation Incentives for the Arts
  
• Community Broadcasting Foundation
  
• Contemporary Music Touring Program Committee
  
• Cultural Ministers Council (CMC)
  
• Festivals Australia Committee
  
• Film Certification Advisory Board
  
• Media and Communications Council (MACC)
  
• Playing Australia Committee
  
• Public Lending Right (PLR) Committee
  
• Sport and Recreation Ministers Council (SRMC)
  
• Visions of Australia Committee
  
• Networking the Nation Board
  
• Online Council
  

Further details of these bodies are listed on the Department's website at www.dcita.gov.au.

Document ID: 15937 | Last modified: 6 February 2008, 10:00am