To view the types of government information held by the Department of the Chief Minister click here.
The Act will apply to government information that was created up to 10 years before commencement of the Act, and to personal information created at any time.
After two years of operation of the Act, it will be possible for individuals to access information that was created or received more than 10 years before the commencement of the Act.
Public sector organisations are encouraged to provide as much government information as possible to the public, within the requirements of the Act.
Public sector organisations can refuse applications for access to government and personal information, and applications to correct personal information, where:
Where the release of information is prohibited by another Act, it is automatically exempt from disclosure. A three (3) year sunset period applies for this exemption.
Cabinet and Executive Council information, security and law enforcement information, and privacy and cultural information can be excluded as categories of information that are often not in the public interest to release.
Other exemptions may be granted in particular cases if they pass the harm tests outlined in the Act. For example, if disclosure would prejudice specified interests such as police investigations, the right of a person to a fair trial, or intergovernmental relations. In other cases, information only falls within the exemption provisions if its disclosure would have a substantial adverse effect on other specified interests, such as the management of a public sector organisation or the financial or property interests of the Northern Territory.)
In addition, Government commercial undertakings are protected where they might be exposed unreasonably to disadvantage by exercise of rights under this Act.
The Chief Minister is the only person able to issue an exemption certificate. Exemption certificates are valid for up two years and are renewable.
A schedule of fees and charges has been established by Regulation. Under section 157 of the Information Act (the Act) fees charged by public sector organisations must be reasonable, and no fee is to be charged for time spent locating misplaced information.
An agency may charge an application fee or processing fee and the Commissioner may charge a fee in relation to making a complaint.
A fee charged is to be reasonable and a process fee is not to be charged for time spent locating government information that has been misplaced. A fee is payable by the applicant or the complainant, as the case may be.
An agency or the Commissioner may waive or reduce a fee is they consider it appropriate. In waiving or reducing a fee, an agency or the Commissioner must have regard for:
An agency may charge:
An agency may charge a processing fee equal to the total cost of the services and materials specified in the Schedule (see below) provided in response to an application.
The cost of a service or materials provided is the amount, or is calculated at the rate, specific in the Schedule (see below) opposite the service or materials.
An agency may require an applicant to pay a deposit for a processing fee of:
Services and Materials |
Amounts and Rates |
Searching for and retrieving information (but not misplaced information) |
Personal information - Nil Non-personal information - $25 for every hour or part of an hour. |
Considering and making decision in relation to application (including consultation) |
Personal information - Nil Non-personal information - $25 for every hour or part of an hour. |
Supervising examination of information by applicant |
Personal Information
Non-personal information - $25 for every hour or part of an hour. |
Hiring out equipment or facilities to enable applicant to view or listen to disk, film or tape. |
Actual Cost. |
Operating equipment to copy disk, film or tape or to enable applicant to view or listen to disk, film or tape. |
$25 for every hour or part of an hour. |
Other services to enable applicant to physically access information. |
Actual Cost. |
Photocopies. |
Black and white, A4 size photocopies - 20 cents per page. Other photocopies - actual cost per page. |
Copies of disks, films or tapes. |
Actual cost per copy. |
Written transcripts |
Actual cost per page. |
Packaging material for delivering or posting articles |
Actual cost |
Delivery or postage charges. |
Actual cost per article. |