The Bill

•  The public has the right and access  to information held by public authorities and;
• The public authorities have a duty to disclose information, except those exempted by the law and subject to a 3-part harm/ public interest test [click on exemptions to find out more]
• Shall also introduce an independent oversight body to oversee the implementation of this act

• Any person can apply
• Public authorities include:
  • All government departments within executive, legislative, judiciary branches
  • All government departments – federal, state, local councils
  • Bodies established by constitution, including statutory and oversight bodies
  • GLCs, state owned enterprises, government corporations or joint ventures
  • Bodies that receive public funds
  • Bodies with a public function, including private entities contracted to carry out public functions
• Type of information made available: Materials created and held by public authorities that includes document, record or data, audio, video tape, electronic recording

• Legitimate reasons for refusal of disclosure to include: security or defence, international relations, law enforcement, legal privilege, privacy of 3rd party, commercial interest, harm to individual’s health and safety, vexatious applications
• Partial access with redaction to be available
• There will be a 3-part test to determine exemption: legitimate aim to non-disclosure, harm to the legitimate aim and harm outweighs public interest.
• The burden of proof lies with the public authority in determining that information should be exempt from disclosure.

• There will be clear and simple procedures for making requests whether it be in person or electronically and;
• Clear timelines for processing requests: 14 days (48 hours if pertaining to life and liberty), extension of 14 days for valid reasons and applicant must be informed of delay and its reason for the delay.

• There will be no cost to filing request;
• Minimal fee to cover reproduction of materials and;
• A fee waiver for underprivileged applicants

1st level of appeal: apply to the head of relevant public authority

2nd level of appeal: If appeal fails at 1st level, you can file an application with the Independent Information Commission to review decision of public authority

• Purpose: oversee implementation of the Act, promote access to information, and resolve disputes of access to information.
• Members: The nomination process is and selected by the Parliament
• It has the power to review decisions made by public authority and make binding decisions
• They are obligated to submit an annual report to the Parliament
• It shall publish guidelines on minimum standards and best practices about the publication scheme

• Ensure that information officers (IOs) are appointed and;
• Ensure IOs receive regular training on the law and the procedures.

Public Authorities have a duty to:

• Adopt and maintain a publication scheme approved by the Information Commission;
• Consider public interest in disclosing or withholding information under the Publication scheme;
• Maintain and publish a Request and Disclosure log, where the privacy of applicants is protected;
• Publish information about making information request on official sites and;
• Publish information previously released that may be of public interest

Public Authorities have a duty to compile reports of use of law and submit this to the Oversight Body

• Public authorities have a duty to maintain records to facilitate RTI under the Act and;
• Ensure IOs adhere to a Code of Practice for record-keeping, management and disposal of records

The Information Commission has the authority to recommend sanctions against IOs who violate the law.

However, the bill provides protection for public officials who disclose information in good faith.

The implementation of the Act shall be allotted an adequate budget for:

• resource allocation for implementing agency and its secretariat to cover human resources, knowledge building and skills training
• Information Commission and its Secretariat
• improve record management
• promotional campaigns on the use of law
• public authorities to collect, analyse and publish reports on the use of law annually
• engagement/learning sessions amongst IOs, and counterparts in other countries.