A holistic integrated Multi-Purpose Service (MPS) delivering safe, quality and person centred healthcare to our community.
Freedom of Information
The Freedom of Information Act 1982 (Cth) (FOI Act) came into effect on Norfolk Island on 1 January 2011. This means that you have a right to request access to information held by the Norfolk Island Health and Aged Care Service (NIHRACS).
Accessing information
If the information that you require is not publicly available, the FOI Act is one way that you can request access to NIHRACS information.
Who is covered by the FOI Act?
The FOI Act applies to NIHRACS.
Who can request documents under the FOI Act?
Under the FOI Act you can request access to documents held by NIHRACS – you do not need to be a Norfolk Island or Australian citizen or resident.
What information can I be given?
Access must be given to a document that is requested under the FOI Act unless there is a lawful reason to refuse access, or it is exempt.
You are not entitled to obtain access to documents or parts of documents that came into NIHRACS’ possession before 1 January 2006 (five years before the FOI Act commenced on Norfolk Island) unless the document, or part of the document:
- contains your personal information;
- information about your business, commercial or financial affairs; or
- is reasonably necessary to enable a proper understanding of a NIHRACS document to which you lawfully have access.
NIHRACS can refuse to release the following documents, on the basis they are exempt:
- documents affecting Australia’s national security, defence or international relations;
- Australian Government Cabinet documents;
- documents affecting the enforcement of law and public safety;
- documents to which secrecy provisions in other legislations apply;
- documents subject to legal professional privilege;
- documents containing material obtained in confidence;
- documents whose disclosure would be in contempt of the Parliament of the Commonwealth or a state or in contempt of court;
- documents disclosing trade secrets or commercially viable information; and
- electoral rolls and applicable documents prepared under laws applicable to Norfolk Island.
Other documents exempt from the FOI Act include documents available on a public register for a fee and other documents available for purchase by the public from other agencies.
There are also eight categories of ‘conditionally exempt’ documents. Those documents must be released unless their disclosure would be contrary to the public interest. Conditionally exempt documents relate to:
- relations between the Commonwealth, Norfolk Island, a state or a territory;
- the financial and property interests of NIHRACS;
- certain operations of the NIHRACS (such as audits, examinations and personnel management);
- documents affecting personal privacy;
- documents obtained in confidence;
- documents disclosing business affairs;
- research documents, and
- documents affecting the economy of Norfolk Island
In cases where it is decided that only part of a document contains information that is exempt under the FOI Act, you may be given an edited version with the exempt content deleted. NIHRACS may also decide to delete other information that is not relevant to the scope of your request. Where redactions are applied, NIHRACS will provide an explanation for the redaction.
How do I make an FOI request?
To make an FOI request you must:
- make the request in writing;
- state that it is an application for the purposes of the FOI Act;
- provide precise information about the document(s) you want, to allow NIHRACS to identify them;
- give details about how notices can be sent to you (this can include an email address), and
- send your request by email to foi@health.nlk.gov.nf or by mail to the FOI Officer, at PO Box 94, Norfolk Island 2899.
NIHRACS will notify you within 14 days that it has received your request. NIHRACS may also consult you if your request is complex or large, and it cannot process it without spending an unreasonable amount of time or resources. The consultation process aims to help you refine the scope of your request.
Charges under the FOI Act
There is no application fee for requesting access to a document under the FOI Act or, for requesting that for your personal information to be amended or annotated. However, NIHRACS may decide to charge you for the work involved in processing your request, except where the request concerns access to your own personal information. The charges that may apply are as follows:
- search and retrieval: $15.00 per hour;
- decision making: $20.00 per hour (first 5 hours are free) according to the Office of the Australian Information Commissioner (OAIC);
- photocopying: $0.10 per page; and
- other copies: a copy of a written document other than a photocopy is $4.40 per page.
If we apply a charge, for processing your request, we will provide you with a preliminary charge notice (an estimate) based on our initial assessment of the work required to process your request. If the amount exceeds $100.00, we will ask that you pay a deposit of 25% of the notified charge. The charge notice will be updated, and may be amended, once work on your FOI request is completed.
Once you have reviewed the preliminary charge notice, you can choose whether you wish to;
- pay the charge or deposit to proceed with the request;
- contest the way the charge was calculated;
- ask that the charge be withdrawn or not imposed, reasons we would not impose a charge might include financial hardship or if access to the documents would be in the interest of a substantial section of the public, or
- withdraw the FOI request.
When will I receive a decision?
NIHRACS will make a decision about your FOI request within 30 days of receiving a complete request. The 30-day period may be extended:
- by up to 30 days if you agree in writing;
- by 30 days if the decision maker needs to consult any Australian State or Territory, Government agency, an international organization, or other people where the document relates to their business or personal privacy;
- by the time taken to revise your request if NIHRACS notifies you that the scope is unreasonably wide; and
- by any time during which NIHRACS is discussing with you the charges for processing your request.
The Australian Information Commissioner may also grant NIHRACS an extension of time in some circumstances. The Australian Information Commissioner is an independent officer who has oversight of the FOI Act and can review decisions made by NIHRACS.
Your review rights
If you are not satisfied with the decision on your FOI request, you have the right to ask for a review.
You can also make contact with the Australian Information Commissioner if you have concerns about how NIHRACS handled your request. Before doing so, you should contact NIHRACS directly to try to resolve your concerns.
What if the information I want is from the Department of Infrastructure?
If the information that you require is not related to NIHRACS, but, is related to the Department of Infrastructure, Transport, Regional Development, Communications, Sport and Arts (DITRDCSA) you can access their FOI process via their website https://www.infrastructure.gov.au/department/ips/
More information
The OAIC also publishes a range of FOI facts and other guidance that may be of interest at https://www.oaic.gov.au.
Contact Us
Telephone: (0011) 672322091
Email: foi@health.nlk.gov.nf
Website: www.norfolkislandhealth.gov.nf
Postal: PO Box 94, Norfolk Island
Public Officer
The functions of the Public Officer include:
- dealing with requests from the public concerning the Norfolk Island Health and Residential Aged Care Service’s affairs
- the responsibility of assisting people to gain access to public documents
- to receive submissions made to the Norfolk Island Health and Residential Aged Care Service.
- to accept service of documents on behalf of the Health and Residential Aged Care Service
- to represent the Norfolk Island Health and Residential Aged Care Service in any legal or other proceedings
- other functions as may be conferred or imposed on the Public Officer by the Norfolk Island Health and Residential Aged Care Manager
The position of Public Officer within the Health and Residential Aged Care Service (NIHRACS) is held by the Manager of NIHRACS. This position is separate from the Freedom of Information Officer.
For information in relation to Freedom of Information (FOI) requests please see our FOI page.
The Public Officer can be contacted by:
Telephone: (0011) 672322091
Email: foi@health.nlk.gov.nf
Website: www.norfolkislandhealth.gov.nf