This appendix contains information on matters relating to:
- Freedom of Information Act 1982
- Commonwealth Electoral Act 1918
- Commonwealth Authorities (Annual Reporting) Orders 2011
Freedom of information
Freedom of information enquiries
A request for access to documents under the Freedom of Information Act 1982 must be made in writing and include an address in Australia to which notices can be sent.
To enable a prompt response and to help the AIHW meet its obligations under the Freedom of Information Act 1982, applicants should provide as much detail as possible about the documents they are seeking. A telephone number or an email address should also be included in case AIHW officers need any clarification. Applicants may be liable to pay charges at rates prescribed by the Freedom of Information (Charges) Regulations 1982. There is no application fee.
Enquiries about submitting a formal request under the Freedom of Information Act 1982 should be directed to:
Formal requests should be sent to:
FOI Contact Officer
Governance Unit
Australian Institute of Health and Welfare
GPO Box 570
Canberra ACT 2601
Freedom of information requests received
In 2011–12, there were no requests for access to records under the Freedom of Information Act 1982. There were no requests for internal review made during the year.
Data held by the AIHW
Cost recovery is the underlying objective of all prices charged by the AIHW for provision of data. The AIHW charges clients for responding to requests for ad hoc information or data on a cost recovery basis.
The AIHW makes available, through its website, unidentifiable aggregated data in a number of online-accessible data holdings.
Personal information collected under the AIHW Act is protected by the confidentiality provisions (s. 29) of that Act, and the Privacy Act 1988.
Information Privacy Principle 5 in the Privacy Act 1988 requires the AIHW to maintain and provide a written record to the Australian Privacy Commissioner of the extent and nature of the classes of personal information it holds. The Act also requires the Privacy Commissioner to compile and publish these returns in the personal information digests on the Office of the Privacy Commission website www.privacy.gov.au.
Information Publication Scheme
Part 2 of the Freedom of Information Act 1982 established the Information Publication Scheme (IPS) for Australian Government agencies subject to the Act. Under the scheme, agencies are required to publish a range of information, including an organisation chart, functions, annual reports and certain details of document holdings. The AIHW's current IPS may be found at www.aihw.gov.au/ips/.
Advertising and market research
Section 311A of the Commonwealth Electoral Act 1918 requires certain reporting on advertising and market research by Commonwealth agencies, including those covered by the Public Service Act 1999.
During 2011–12, the AIHW paid for the following amounts for recruitment and tender notices:
- Adcorp Limited—$48,985.07
- Australian Healthcare and Hospitals Association—$990.00
- University of Canberra—$163.64.
No advertising campaigns were undertaken.
Ministerial directions issued
Under s.7 of the AIHW Act, the Minister for Health may give directions to the AIHW on the performance of its functions or the exercise of its powers. The AIHW Act requires that, before issuing a direction to the AIHW, the Minister must consult the AIHW Chair and the relevant state and territory ministers.
The AIHW is required to provide details in its annual report of ministerial directions issued to it (see the Compliance index). This includes ministerial directions under s. 7 of the AIHW Act or by any minister under other legislation.
The following ministerial directions have been issued to the AIHW:
- Legal Services Directions 2005
- the Finance Minister's (CAC Act Procurement) Directions 2009
- the Finance Minister's (CAC Act Procurement) Directions 2012
- the Commonwealth Authorities (Annual Reporting) Orders 2011.
Under the Legal Services Directions, the AIHW is required to give to the Office of Legal Services Coordination, within 60 days of the end of the financial year, a report on legal services expenditure in the preceding financial year. In 2011–12, the report by the AIHW was not provided until 24 October 2011. The AIHW has put in place arrangements to ensure future compliance with this reporting requirement.
General policies of the Australian Government before 1 July 2008
Until 30 June 2008, the CAC Act provided that the AIHW is required to comply with general policies of the Australian Government that were notified to it by the responsible Minister.
The AIHW is required to provide details in its annual report of Australian Government policies that have been notified to it and are still applicable (see the Compliance index).
No general policies of the Australian Government were notified to the AIHW.
General Policy Orders
Under s. 48A of the CAC Act, since 1 July 2008, the Finance Minister may make a General Policy Order that specifies a general policy applicable to the AIHW.
The AIHW is required to provide details in its annual report of General Policy Orders of the Australian Government that are applicable to it (see the Compliance index).
There are no General Policy Orders applicable to the AIHW.
The AIHW will be required to report in its 2012–13 and subsequent annual reports on related entity transactions. It is implementing administrative arrangements that will allow it to report on such transactions in 2012–13.
Significant events
Section 15 of the CAC Act requires the AIHW to notify the Minister of the occurrence of significant events, as defined in s. 15(1).
The AIHW is required to provide details in its annual report of significant events that have occurred (see the Compliance index).
During 2011–12, there were no significant events advised to the minister by the AIHW.
Key changes to affairs or activities
The AIHW is required to provide details in its annual report of key changes to the AIHW's state of affairs or principal activities.
During 2011–12, there were no such changes.
Amendments to enabling or other legislation
The AIHW is required to provide details in its annual report of amendments to its enabling legislation and to any other legislation directly relevant to its operation.
During 2011–12, the Acts Interpretation Amendment Act 2011, consolidated in the Acts Interpretation Act 1901, detailed provisions relating to the appointment of acting AIHW Board members. Relevant provisions of the AIHW Act were repealed.
Judicial decisions and decisions of administrative tribunals
The AIHW is required to provide details in its annual report of judicial decisions and decisions of administrative tribunals that have had, or may have, a significant effect on the AIHW's operations (see the Compliance index).
During 2011–12, there were no legal actions lodged against the AIHW and no judicial decisions directly affecting the AIHW.
Reports by third parties
The AIHW is required to provide details in its annual report of reports by third parties about the AIHW that relate to the AIHW's level of accountability as a public sector agency. Specifically, reports by the Commonwealth Ombudsman, parliamentary committees, the Office of the Australian Information Commissioner and the Australian National Audit Office must be detailed (see the Compliance index).
During 2011–12, reports by these agencies relating to the AIHW were:
Obtainable information from subsidiaries
The AIHW does not currently have any subsidiary organisations and hence has no reporting requirement for this annual report in relation to unobtainable information.
Disclosure requirements for government business enterprises
The AIHW is not currently a government business enterprise and hence has no reporting requirement for this annual report relating to changes in financial conditions and community service obligations or information that is commercially prejudicial.
Exemptions from requirements
The AIHW has not been granted any written exemption by the Minister for Finance from a requirement of the Commonwealth Authorities (Annual Reporting) Orders 2011 and hence has no reporting requirement in relation to this.