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Freedom of information
This statement is provided in accordance with section 8 of the Freedom of Information Act (1982) and is correct as at 30 June 2006.
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. However, in many cases, the act may not need to be used. The information being sought may already be readily accessible through the Department's website at www.dcita.gov.au, or by telephoning the Manager of Corporate Communications on 02 6271 1362.
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 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 appendix 1, are part of the Communications, Information Technology and theArts 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 and memoranda;
- ministerial briefings;
- records of representations to the portfolio 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 is set out in the following list.
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
- Digital content
- National recreation safety organisations
- Administration of 2004 election commitments for financial support for the development of sport and recreation facilities and projects
- 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
- Connect Australia programs
- Communications Fund
- 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 the International Telecommunication Union (ITU), APEC, World Trade Organisation (WTO) and other relevant multilateral forums
- Bilateral trade and cooperation including free trade negotiations
- Higher Bandwidth Incentive Scheme (HIBIS) and Broadband Connect program
- Metropolitan Broadband Connect program
- 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
- Regional Telecommunications Inquiry and implementation of Government's response
- RTI Community Information campaign.
Information and communications technology
- Information and communications technology (ICT) industry development policy, including ICT Framework for the Future project
- ICT industry development programs, including ICT incubators, Intelligent Island
- ICT industry development aspects of government procurement
- ICT innovation policy, including Backing Australia's Ability program and skills
- National ICT Centre of Excellence
- IT Training and Technical Support program
- Regional Telecommunications Infrastructure Fund
- Mobile Connect program
- National Communications Fund
- Intellectual property coordination.
Information economy
- Broadband Blueprint
- Clever Networks
- Broadband Development program
- Next Generation Networks
- Digital Content Working Group
- Online Communications Council (OCC)
- Measurements Working Group
- e-Connectivity
- Coordinated Communications Infrastructure Fund (CCIF)
- Broadband Demand Aggregation Brokers program (DAB)
- National Broadband Strategy Implementation Group (NBSIG)
- Broadband Advisory Group (BAG)
- IT Skills Hub
- Digital divide
- Community connectivity
- Non-profit sector and ICT issues including an e-strategy guide for non-profit organisations and the development of a model for a national non-profit ICT coalition
- Telework and the Australian Telework Advisory Committee (ATAC)
- Broadband development policy
- ICT industry skills
- ICT Skills foresighting working group
- ICT literacy
- ICT productivity
- e-Research
- 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 awareness raising, IT security skills, e-security research and development, authentication, phishing and spyware
- Maintaining international linkages and institutional frameworks through the ITU, APEC, OECD, International Corporation for the Assignment of Domain Names and Numbers (ICANN) and other relevant multilateral forums.
Broadcasting
- Broadcasting policy and development of regulation
- Commercial, national and community broadcasting services
- Television and radio, including digital conversion, pay television, subscription and open narrowcasting services and datacasting
- Broadcasting technology
- Radiocommunications policy, legislation and regulation
- Online content policy and legislation, including interactive gambling regulation
- TV Black Spots—Alternative Technical Solutions (ATS) program
- Commercial Radio Black Spots program
- NetAlert
- Regional Equalisation Plan.
Indigenous programs and policy
- Broadcasting program
- Maintenance of Indigenous languages and records
- Maintenance and promotion of Indigenous arts and cultures
- Indigenous sport and recreation program
- Whole-of-government Indigenous affairs policy.
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 30 June 2006 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 section 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:
- Appropriation (Supplementary Measures) Act (No.1) 1999
- Archives Act 1983
- Australia Council Act 1975
- Australian Broadcasting Corporation Act 1983
- Australian Communications and Media Authority Act 2005
- 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 Anti-Doping Authority Act 2006
- Broadcasting Services Act 1992
- Datacasting Charge (Imposition Act) 1998
- Film Licensed Investment Company Act 2005
- 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
- Interactive Gambling Act 2001
- Migration Regulations 1994 , Schedule 2—in respect to the entry of foreign actors to Australia
- National Gallery Act 1975
- National Library 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 (Transmitter Licence Tax) Act 1983
- Radio Licence Fees Act 1964
- Spam Act 2003
- 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
- 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, each of which play a role in consulting with the community and industry.
- Collections Council of Australia
- Committee on Taxation Incentives for the Arts
- Community Broadcasting Foundation
- Contemporary Music Touring Program committee
- Cultural Ministers Council (CMC)
- Digital Content Industry Action Agenda Strategic Industry Leaders Group
- Festivals Australia Committee
- Film Certification Advisory Board
- Media and Communications Council (MACC)
- Online and Communications Council including its Regional Communications and Indigenous Telecommunications Working Groups
- Playing Australia Committee
- Public Lending Right (PLR) Committee
- Sport and Recreation Ministers Council (SRMC)
- Visions of Australia Committee.
Further details of these bodies are listed on the Department's website at www.dcita.gov.au
