Freedom of Information

Members of the public are able to make representations in writing to Indigenous Business Australia (IBA) about a range of policy, the administration of IBA and other matters. IBA provides:

• contact with its staff via a freecall phone line, email, and post
• timely information to clients to give them the opportunity to raise any concerns
• opportunities for stakeholder engagement
• instructions in its Customer Service Charter (PDF 718KB, new window) and on this website informing clients how to lodge a complaint.

IBA is required to comply with the Senate Standing Order No. 6 Harradine Motion which requires all Australian Government departments and agencies to produce a File Index every six months for tabling before parliament. Documents in the categories listed below are held by IBA as paper records or on optical audio or digital media.

• briefs, submissions and reports
• administration documents from areas such as human resources, finance, property management and resource management
• documents relating to the provision of IBA-specific services, including individual case files and papers
• separate records of Board and management meetings, such as agendas and minutes
• general correspondence and associated categories of documents according to subject matter
• ministerial, interdepartmental and general correspondence
• internal administration papers
• IBA policy documents and procedures
• copies of instruments of delegations, contracts and deeds
• requests for external advice and copies of notes and advice given
• briefing papers prepared for ministers
• answers to parliamentary questions
• training material
• FOI request files and papers dealing with consideration of those requests, financial reports, expenditure estimates and expenditure reports.

How to lodge a freedom of information request

A request for access to documents in accordance with the Freedom of Information (FOI) Act 1982 (external website, new window) must be made in writing and include an address in Australia to which notices can be sent. Before processing of an application can commence, a $30 application fee must be received in respect of any request made under the Act. In certain circumstances, such as financial hardship or if the release of the document in question is in the general public interest, the fee may not be required or may be remitted.

If applicants are dissatisfied with a decision made under the Act, they may apply for an internal review of the decision. Requests for internal review are subject to a $40 application fee, which must accompany the request. Applicants can seek to have this fee remitted in accordance with the provisions of section 30A of the Act.

IBA is exempt from the provisions of the Act in relation to documents in respect of its commercial activities.

Requests for access to documents under the Act should be sent to the:

FOI Coordinator
Indigenous Business Australia
PO Box 38
Woden ACT 2606
Phone: 02 6121 2700
Fax: 02 6121 2730

Judicial decisions and reviews by outside bodies

No judicial decisions or decisions of administrative tribunals during 2008-09 had, or may have, a significant effect on the operations of IBA. During 2008–09, IBA did not receive any reports on its operations from the Auditor-General or the Commonwealth Ombudsman.

The following reports were released by parliamentary committees and other bodies:

• House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs report, Open for business: developing Indigenous enterprises in Australia (external website, new window) (October 2008). IBA is awaiting the government response to the report.
• Steering Committee for the Review of Government Service Provision’s report, Overcoming Indigenous disadvantage: key indicators 2009 (external website, new window). This report, the fourth in a series commissioned by heads of Australian governments in 2002, demonstrates that increases have occurred in Indigenous employment, incomes and home ownership over the past two censuses.

Privacy

IBA is subject to the Privacy Act 1988 (external website, new window) which requires that we comply with the Information Privacy Principles (IPPs) set out in the Act. These IPPs set out how Australian Government agencies should collect, store, use and disclose personal information and how individuals can access records containing their personal information. For further information please read our Privacy Statement.

Secrecy

Indigenous Business Australia (IBA) is subject to secrecy obligations set out in its enabling legislation, the Aboriginal and Torres Strait Islander (ATSI) Act 2005 (external website, new window). Section 191 of the Act prevents certain people including the IBA Board, IBA General Manager and IBA staff from divulging or communicating to any person any information concerning the affairs of another person or producing to any person any document relating to the affairs of another person unless the disclosure is for the purposes of the Act or for a prosecution against the Act.