Prior to July 1991, statistics on Freedom of Information applications were maintained by the Freedom of Information Unit. The Unit received six-monthly returns from agencies and compiled statistics for reporting purposes. On 30 June 1991, the Unit was wound up, and the advisory and coordinating responsibilities were devolved to agencies. As a result, agencies were then required to report on their administration of FOI within their own annual reports rather than through a separate consolidated report by the Premier.

The annual reporting requirements of agencies under the Freedom of Information Act were amended by the Statute Law (Miscellaneous Provisions) Act (No. 2) 1991. Under the revised arrangements, agencies were required to submit an annual report for the purposes of the Freedom of Information legislation to the Minister responsible for the agency, for tabling in Parliament.

The amended reporting provision enabled regulations to be made to provide for:

(a) the information to be included in annual reports under the Act; and

(b) the form in which annual reports are to be prepared.

Although no regulation was immediately made, the second edition of the Freedom of Information Procedure Manual issued by the Freedom ofInformation Unit in June 1991 contained specific instructions to agencies for the production of statistical reports by agencies for annual reporting purposes. The format and content of the statistical tables were set out in Appendix B to the Procedure Manual.

It has now been decided to formalise these statistical reporting requirements by making a regulation pursuant to section 68(6) of the Freedom of Information Act. The regulation requires agencies to publish in their annual reports such statistics as are contained in Appendix B to the Freedom of Information Manual as published on 30 June 1991.

The regulation also requires the annual report to include:

• a comparison of the statistical information with the information for the previous year;
• an assessment of the impact during that year of the FOI requirements on the agency's activities;
• particulars of any major issues that have arisen during that year in connection with the agency's compliance with the FOI requirements;
• particulars of the circumstances in which there have been any inquiries under the Act by the Ombudsman or any appeals under the Act to the District Court or the Supreme Court; and
• particulars of the outcomes of any such inquiries and appeals.

These reporting requirements will take effect upon the publication of the regulation concerned, that is, on 22 January 1993. I should be pleased if you would advise all FOI agencies coming within your portfolio of the making of the regulation requiring agencies to publish statistical information in their annual report.

John Fahey
Premier

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superseded by M2007-11