Following a request received from the Commonwealth, agreement has been reached in relation to the procedure to be followed in undertaking FOI consultation with the Commonwealth and other States.

Section 30 of the New South Wales Freedom of Information Act provides that where an agency receives a request for access to a document which concerns the affairs of the Government of the Commonwealth or another State, access cannot be given to that document unless the agency first seeks the views of the Government concerned as to whether or not the document is an exempt document.

Similar consultation provisions exist in the FOI Acts of the Commonwealth and other States.

Following difficulties experienced in dealing with FOI applications made by a single applicant across several Commonwealth and State agencies, the Commonwealth has requested that agreed consultation procedures be adopted across all FOI jurisdictions. Accordingly, to ensure that confusion and inconsistency are minimised, all FOI consultation should be directed to the FOI co-ordinator in the agency rather than the author of the document concerned. Of course, further action on the request may be taken by another officer in the agency, but initial contact should be made with the responsible FOI officer/co-ordinator.

In the Commonwealth, the Information Access Unit, Family and Administrative Law Branch holds current lists of names and telephone numbers of FOI co-ordinators for all Commonwealth agencies and the ACT.

I would appreciate it if you would inform all FOI agencies within your jurisdiction of the revised arrangements as to consultation.

(R.B. Wilkins)
Acting Director General

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superseded by M2007-11