Information Access Policy
Information Access Policy (Freedom of Information)
OCPE supports open and accountable government by fostering an environment in which information is available to stakeholders and interested members of the community in accordance with the Northern Territory Information Act 2002. The OCPE strives to make information of interest available to any interested party, where such information does not interfere with the essential public interest, individual privacy or the effective operation of the agency.
The Northern Territory Information Act
Northern Territory Government Records and Archives Management Standards
Public Sector Employment and Management Act
Public Sector Employment and Management Regulations
Public Sector Employment and Management Employment Instructions
The OCPE Information Privacy Policy
Methods of Access | Timeframes | Transfer or Referral of Requests
Fees | Proof of identity
1. Methods of Access
1.1 Information regarding the agency's operations is available by the following means:
(a) Agency Website - www.nt.gov.au/ocpe
(b) Agency Annual Report - available from the agency's offices, the website, or the NT Library Service
(c) In writing under the freedom of information (FOI) process. Applications may be lodged using the forms available from the agency's website or at the offices located in Darwin and Alice Springs, or letter specifying the information required, the applicant's name, preferred address for communication and certification of the applicant's identity.
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1.2
If the requested information is available through another established procedure (including the Public Sector Employment and Management Act), the agency will redirect the request out of the FOI process and into the established procedure.
1.3
If the requested information is published at regular intervals, the agency will negotiate with the applicant to provide the information in a form with the closest date match to the date of request.
2. Timeframes
2.1 The agency will endeavour to satisfy all requests for information in a timely manner that complies with the timeframes expressed in the Information Act 2002.
2.2 Processing timeframes for all applications lodged under the Information Act commence at such time as the application is declared valid under section 18 and, if the application relates to government information, the application fee has been paid.
2.3 Where a request involves information that relates to a third party, the agency will negotiate with the applicant for an extension as allowed by the Act in order to consult those third parties regarding the possible release of that information.
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2.4 Where an extension of time cannot be negotiated, the agency will seek to rectify the third party reference by copying and editing the information concerned. Where editing does not rectify the third party conflict, the agency will refuse access unless a clear public interest is served by release.
3. Transfer or Referral of Requests for Access to information
3.1 Requests for information held by the agency that originates from, or is more closely related to, the functions of another agency, will be referred to that agency. Any application fees will be transferred with application.
3.2 Where the agency identifies that it holds information in relation to a request, but is aware that another agency also holds related information, the agency will process the application in relation to the information it holds and will advise the applicant that more information may be available from the other agency. In such matters, the agency will charge all relevant fees in relation to the application as are due under the Act unless a request to waive or reduce fees has been granted.
3.3 Where the agency accepts a request and later realises it holds no information in relation to the request, but is able to identify another agency that holds such information, the agency will transfer the application to the second agency (section 29 or section 37). The agency undertakes to transfer any fees collected in relation to the application to the second agency along with the application.
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3.4 Where the agency contracts out the provision of a service, the agency undertakes to process and decide all requests for access to information related to that service, and will include appropriate standards of record keeping in the service level agreement or contract with the service provider.
4. Fees
4.1 The agency undertakes to keep accurate account of costs incurred in relation to processing requests for information or supervising applicants viewing personal information (section 18 or section 21(2)(a)(ii)).
4.2 The agency will charge for access to information where the application is made and processed under Division 2 of the Act. Charges will be in accordance with section 156 of the Act and the schedules established by the Regulations. Fees will be charged for processing, copying, supervising access and hiring equipment on a cost recovery basis.
4.3 The agency will require that, where fees are likely to total more than $100, a deposit of at least 25 percent of the estimated cost be paid before the agency begins retrieving the information. The agency will also require that the balance of fees be paid or, in special circumstances, a definite payment schedule be agreed, before the information is provided.
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4.4 The agency will consider applications for special consideration in relation to any fees or charges incurred by an applicant where the applicant applies for such consideration in accordance with section 156 of the Act.
4.5 The agency does not use fees for access to information to discourage applicants from applying. The agency will endeavour to indicate to applicants where fees payable may be excessive.
4.6 Where an applicant defaults on an agreed payment schedule or refuses payment for services provided, the agency will proceed to recover the costs as per its debt recovery procedures. This may include the transfer of information about the applicant such is necessary to recover the debt.
5. Proof of identity
5.1 The standards for proof of identify required by the Act are specified in the following sections.
5.2 Any one of the following primary sources is an acceptable form of identification:
- Current Australian Passport
- Current NT Driver's licence
- Current document of identity issued by the Passport Office
- Current Defence Force or Police Service ID card.
5.3 If the above forms of identification are not available, at least two other forms must be presented. The following are acceptable secondary sources:
- NT proof of age card from MVR
- Current overseas passport with current entry permit
- Naturalisation/citizenship/immigration papers issued by the Department of Immigration and Multicultural and Indigenous Affairs
- Current consular photo identity card issued by the Department of Foreign Affairs
- Current student photo identity card
- Current driver's licence photo from another State or Territory
- A document listed as a primary source of identity which has expired within the last two years
- A taxation assessment notice from the last year
- Current Medicare card
- Current entitlement card issued by the Commonwealth Government
- Current telephone, electricity/water account or rates account with evidence of payment
5.4 If a person is living on a remote community and does not have two secondary sources of identification, an endorsement on the application form by the local member of the NT Police Service, or the Local Government Clerk, or the most Senior Health Officer, will be acceptable. The person making the endorsement must state that he or she has known the applicant for a (specified) period of time and can verify that the applicant is the person named in the application form.