In-scope agencies are defined under ‘agency’ in the Applications section of PC045:

Agency – a state government agency as per the definition of agency in the FOI Act; that is subject to the control and direction of a minister; and is an agency or instrumentality of the Crown

If you are unsure whether PC045 applies to your agency, seek legal advice from the Crown Solicitor’s Office.

No.

Even if the FOI application is made by a third party (agent or lawyer) on behalf of an individual, the FOI application should not be considered for inclusion in an agency’s disclosure log.

Agencies should advise applicants of PC045 early in the process, i.e. when acknowledging their application.

Suggested wording when communicating with applicants and third parties can be found at the end of this page.

All templates, forms, brochures and other documents managed by State Records include reference to PC045 and the possibility of disclosure of non-personal information.

Yes, third parties should be advised of PC045 and the possibility of disclosure of non-personal information.

Each agency will need to develop an implementation plan specific to their agency.

Agency PC045 Implementation Plans should include as a minimum:

• responsibilities for identifying and approving information to be included in the disclosure log
• responsibilities for technical management of the disclosure log
• reasons for exemption from disclosure and the approval process for exemptions
• reasons why specific documents will not be uploaded to the disclosure log, e.g. where there are significant additional redactions required
• the process for providing access to documents that have not been automatically uploaded to the disclosure log, including timeframes
• dispute resolution process.

PC045 provides authority to Chief Executives the discretion to exempt FOI applications from disclosure on an agency disclosure log.  This discretion must be applied on a case-by-case basis.  Evidence of any such exemption should be documented.

The process for exemptions from disclosure should be included in each ‘Agency PC045 Implementation Plan’.

Refer to PC045 section “Exemptions from application to this policy”.

There is no need to include any reference to information in your disclosure log if access has been refused in full.

Information must be only considered for inclusion if released in full or partially under FOI.

Yes, the application notice of determination should be included (with all personal information removed). This gives context to the application and the documents disclosed. It may also be appropriate to include the document schedule.

No. Personal information, including name and address, of applicants should be redacted from any documents prior to publication in the disclosure log.

If the applicant is an MP and is applying in their capacity as a public office holder, and not in their personal capacity or on behalf of a constituent, then their name and address can be published.

No.  PC045 provides the authority to redact employee names and contact details from a document before it is published in a disclosure log, if deemed necessary.

An example of the minimum information to be included in disclosure logs is included in Attachment 2 to PC045.

Information contained within the disclosure log should be searchable and saved in a user-friendly downloadable format.

Your agency may decide not to publish released documents and instead provide access upon request if its publication requires significant scanning and/or additional redactions.

In this case, your agency would need to include a summary of the application details in the disclosure log as well as advice about how to access the documents.

If access is requested:

• your agency would need to upload the documents, with additional redactions, to the disclosure log in a timely manner, or
• in rare cases, it may be decided the documents are suitable for release to an individual but not released publicly via the disclosure log. In such circumstances the agency may consider including the application details in the disclosure log and require interested parties contact the agency to gain access to any documents.

Your agency’s approach to both these circumstances should be defined in your Agency PC045 Implementation Plan.

Your Agency PC045 Implementation Plan should include who determines the authority for additional redactions.

Additional FOI Act exemptions may apply to documents before they are released to a wider audience via publication on the disclosure log - e.g. information relating to the business or personal affairs of the FOI applicant.

Yes, the required additional redactions would create a second set of documents that could be included on the disclosure log.

The agency should contact the applicant and advise how they can access the documents.

The agency can then either ask the applicant to withdraw their application or refuse access in accordance with Section 20(1)(b) of the FOI Act.

The second applicant should be advised the information will be included on the agency’s disclosure log by <insert date> and ask whether they want to withdraw their application.

If this occurs the information should be included on the disclosure log within 30 days of the second application or 90 days of the original determination being made, whichever is earlier.

The agency should accept the second application and process it in accordance with the FOI Act.

If access is provided to the second applicant and the first applicant is still in dispute, the agency should consider whether it is appropriate to include details of the second application, and any documents released, on the disclosure log.

The dispute with the first applicant may be resolved as a result of this.

It doesn’t. However, the outcome of an internal or external review may affect your disclosure log by requiring you to publish documents you’d previously refused access to.

If an internal or external review has determined additional documents are provided to the applicant, those documents and any further notice by the agency to the applicant should be included in the disclosure log, subject to redaction requirements.

Most agencies will have dispute resolution policies in place. These policies can inform how your agency will manage disclosure log publication disputes. This process should be included in Agency PC045 Implementation Plans.

The Chief Executive has the power to grant exemptions from disclosure under PC045. Therefore, it may be appropriate for disputes over publication to involve the Chief Executive.

Information should not be included on disclosure logs during the dispute process. Information should only be published if the dispute is resolved in favour of publication.

Agencies should advise applicants their application and the documents provided to them may be published on the disclosure log as early as possible (that is, when you acknowledge the application).

Further advice about the eligibility for publication and the process for dispute resolution should be included in the notice of determination if access is given in full or partially.

Advice should include:

• authority for publication
• who to advise if they disagree with publication on the disclosure log
• how long they have to lodge their disagreement.

Publication must not occur until any dispute is resolved in favour of publication.

The applicant could choose to withdraw their application if the application has not been processed. Application and/or processing fees can be waived or reduced at your agency’s discretion.

If the applicant wants their application processed but does not want it included on the disclosure log, the agency must process and determine the application as usual, including providing access to the applicant.

The application details and any documents provided must not be published on the disclosure log until dispute over publication is resolved in favour of publication.

Information should remain on the agency’s website for at least one year unless it is removed to provide more current information.

Once the downloadable information has been removed, the details of the application should remain so that applicants are aware they exist.  It should also be made clear:

• how the information can be accessed
• what format it is available in
• how long it will be available before being legally disposed of, and
• how to contact the relevant officer(s) within the agency.

Refer to PC045, Removal of information from a website section.

Information published that is a duplicate of an existing official record can be retained or disposed of in accordance with Normal Administrative Practice (NAP).  NAP is discussed in the Information Governance Guidelines Disposal section.

If the published information has been altered where it should be considered a new record (e.g. additional redactions have been applied and it differs greatly from the official record), it must be retained and disposed of in accordance with the State Records Act 1997, along with the original.