Territory Stories

Freedom of Information, Privacy Protection & Public Interest Disclosures in the Northern Territory : annual report 2011-2012

Details:

Title

Freedom of Information, Privacy Protection & Public Interest Disclosures in the Northern Territory : annual report 2011-2012

Other title

Commissioner for Information and Public Interest Disclosures annual report 2011 - 12

Creator

Northern Territory. Commissioner for Information and Public Interest Disclosures

Collection

E-Publications; E-Books; PublicationNT; Commissioner for Information and Public Interest Disclosures annual report; Annual Report

Date

2012-09-30

Notes

Made available via the Publications (Legal Deposit) Act 2004 (NT).

Language

English

Subject

Whistle blowing; Law and Legislation; Annual report; Periodicals

Publisher name

Northern Territory Government

Place of publication

Darwin

Series

Commissioner for Information and Public Interest Disclosures annual report; Annual Report

Volume

2011/12

Previously known as

Office of the Information Commissioner

File type

application/pdf

Use

Attribution International 4.0 (CC BY 4.0)

Copyright owner

Northern Territory Government

License

https://creativecommons.org/licenses/by/4.0

Parent handle

https://hdl.handle.net/10070/243418

Citation address

https://hdl.handle.net/10070/603229

Page content

Page 34 6.2. FOI complaints to the Commissioner in 2011-12 Ten FOI complaints were lodged during 2011-12 and 14 were carried over from 2010-11. A total of 24 FOI files were handled during the year, and 12 of these files were resolved, 10 through informal negotiation. Eight prima facie decisions were made and eight mediations were conducted. Five complaints are currently listed for hearing and a total of 12 FOI complaints remain open at the end of the reporting period. This table shows the number or FOI complaints and their outcome. FOI Complaints to the Information Commissioner Respondent Organisation Lodged Not accepted Resolved informally Prima Facie Mediation Hearing Open at end of year DET 3 (2) 3 2 DOJ 0 (5) 3 4 5 2 2 DLP 0 (1) 1 NTPFES 6 (3) 1 3 4 3 3 5 SC 0 (2) 1 2 1 TIO 0 (1) 1 1 ADC 1 (0) 1 Total 10 (14)* 1 10 8 8 3 12 * figures (in brackets) are complaints carried over from the previous year 6.3. FOI prima facie decisions delivered in 2011-12 The decisions summarised below are examples of investigations by the Office of the Information Commissioner into whether, for each complaint, there was sufficient prima facie evidence to justify the complaint proceeding to mediation and/or a hearing. A finding of prima facie evidence to justify a complaint means that the matter can proceed to be dealt with under the formal dispute resolution sections of the Act (ie mediation and a hearing). In practice, many disputes are settled between the complainant and the respondent public sector organisation on the basis of the findings in the Commissioners prima facie decision. The effect of a finding that there is insufficient evidence is that the complaint is dismissed by the Commissioner leaving the complainant with the option of an appeal to the Supreme Court, on a question of law only. All five prima facie decisions found sufficient evidence to justify some or all of the aspects of the complaint for it to progress to mediation. Summaries of prima facie decisions from previous years are published on our website http://www.nt.gov.au/justice/infocomm/publications/pd_1.htm in the Decisions and case notes section.


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