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Freedom of Information 1982 - Information Publication Scheme (IPS)

Federal Court of Australia Information Publication Plan

Date issued: 29 April 2011
Date of effect: 1 May 2011

Contents

Introduction

Background
Purpose
Objectives

Implementing a Federal Court IPS

Establishing an IPS
Information architecture and accessibility
Information required to be published
Optional information
Administering the IPS from 1 May 2011

Review and evaluation

Introduction

Background

1.   The Federal Court of Australia (Federal Court) is a prescribed authority (and hence an agency) for the purposes of the Freedom of Information Act 1982 (Cth) (FOI Act) and is obliged, from 1 May 2011, to comply with the Information Publication Scheme (IPS) requirements which commence from that date under sections 7A, 8, 8A, 8B, 8C, 8D, 8E, 8F, 9, 9A, 10, 10A and 11C of the FOI Act.

2.   The Federal Court was created by the Federal Court of Australia Act 1976 (Cth) (Federal Court Act).  It is a superior court of record and a court of law and equity.  The Federal Court consists of a Chief Justice and other judges who are appointed to the Federal Court.  The Chief Justice is responsible for managing the administrative affairs of the Federal Court and is assisted by the Registrar of the Federal Court.  The Registrar has the same powers as the Head of a Statutory Agency of the Australian Public Service in respect of the officers and staff of the Federal Court employed under the Public Service Act 1999.

3.   The judicial officers of the Federal Court are deemed not to be a prescribed authority for the purposes of the FOI Act.  Additionally the FOI Act does not apply to any request for access to a document in the possession of the Federal Court unless the document relates to matters of an administrative nature.

4.   Proceedings in the Federal Court are regulated by the Federal Court Act.  The Federal Court Act permits the judges of the Federal Court or a majority of them to make rules of court not inconsistent with the Federal Court Act.  These rules provide for the practice and procedure to be followed in the Federal Court and the registries of the Federal Court, as well as matters incidental to those practices or procedures.

5.   The current Federal Court Rules came into operation on 1 August 1979 and were based, with some significant differences, on the Rules of the Supreme Court of New South Wales in force at that time.  Although the rules have since been amended extensively to cater for legislative reform; additional and changed jurisdiction; and new and varied approaches and processes the rules have never been completely revised.  The judges of the Federal Court decided some years ago to modernise the rules of the Federal Court.  Draft revised rules have been developed and, following recent consultation with the Law Council of Australia; Bar Associations and Law Societies of all States and Territories; and other regular users, are currently being finalised.  It is expected that the new rules will come into operation later in 2011 for all new proceedings and further steps in current proceedings.

6.   Under the proposed revised rules of court almost all of the existing prescribed forms for use in proceedings in the Federal Court are proposed to be replaced with new approved forms.  Implementation of those rules will result in some changes in practice and in some court and registry processes.  Education and information will be provided to litigants, legal practitioners and other Federal Court users on new and changed requirements.  The new forms will be published in accessible formats and guidelines on practices, procedures and forms will be revised or developed.

7.   Access to court documents in the possession of the Federal Court (i.e. Federal Court documents that do not relate to matters of an administrative nature) are dealt with having regard to sections 17 and 50 of the Federal Court Act and the provisions of the Federal Court Rules dealing with inspection and copying of documents.

8.   The Federal Court will be completely redeveloping its website later in 2011 and, in doing so, will satisfy all current requirements for Australian Government websites, including the Web Content Accessibility Guidelines (Version 2) (WCAG 2.0).  Following this redevelopment the websites (supported by the Federal Court) for the Tribunals’ referred to in paragraph 10 below will also be redeveloped.  In that redevelopment the Federal Court will also deal with all information architecture issues.

9.   The Federal Court will shortly commence implementation of a document management strategy for the transition, over the next few years, to electronic document and records management of both court documents and administrative documents.  In the implementation of that strategy, consideration will be given to the development of an information asset management framework for the Federal Court.

10.   Some judicial officers of the Federal Court hold appointments as either a President or a Deputy President of the Australian Competition Tribunal, the Copyright Tribunal or the Defence Force Discipline Appeal Tribunal.  The Federal Court and its staff provide the operational and administrative support required by each of those Tribunals.  Each Tribunal operates under its own legislative framework and publishes information about its operations, practices and decisions though individual websites (although all may also be accessed from the Federal Court's website).  None of the Tribunals provides an annual report to the Parliament but information about the operation of each Tribunal over the preceding year is included in the Federal Court's annual report to Parliament.  Each Tribunal is subject to the FOI Act and is required to comply with the IPS requirements.

11.  The Federal Court of Australia Information Publication Plan (the Plan) has been prepared as required by subsection 8(1) of the FOI Act and describes how the Federal Court will implement the IPS and maintain its IPS obligations into the future for itself and for each of the Tribunals it supports referred to in paragraph 10 above.  In the Plan any reference to the Federal Court will include, as relevant and appropriate, each of those Tribunals.

Purpose

12.  The purpose of the Plan is to describe:

• the information that the Federal Court will publish for the purpose of the IPS;
• how, and to whom, that information will be published; and
• how the Federal Court will otherwise comply with the IPS requirements.

13.  In addition, the preparation of the Plan has assisted the Federal Court in its planning for the implementation of the IPS.  It is also anticipated that the future monitoring of the performance of the Federal Court in its implementation of the Plan and, if necessary, the development of any revisions to the Plan will assist the Federal Court in fully achieving, over time, the objectives of the FOI Act for the proactive publication of relevant and appropriate information in the possession of the Federal Court.

Objectives

14.  The objectives of the Plan are to outline appropriate mechanisms and procedures to:

• manage the information in the possession of the Federal Court relevant to the IPS;
• proactively identify and publish all information in the possession of the Federal Court which is now and at any time in the future may be required to be published^[1];
• proactively identify and publish any optional information in the possession of the Federal Court which now or at any time in the future might appropriately be published^[2];
• regularly review and ensure that information published by the Federal Court under the IPS is accurate, up-to-date and complete^[3];
• ensure that information published by the Federal Court under the IPS is easily locatable, understandable, machine-readable and as transformable as possible and appropriate;
• ensure satisfactory conformance with the Web Content Accessibility Guidelines (Version 2) (WCAG 2.0);
• measure the performance of the Federal Court in successfully implementing and maintaining the Plan; and
• adopt best practice initiatives in implementing and maintaining the Federal Court’s obligations under the IPS.

Implementing a Federal Court IPS

Establishing an IPS

15.  The Plan has been approved by the Registrar.  The Deputy Registrar has the responsibility for co-ordination within the Federal Court of the initial and on-going planning and development; implementation; and administration of the Federal Court’s IPS.  Ad hoc working groups of Federal Court staff with appropriate expertise and experience have and will be set up as required to assist.

16.  On or before 1 May 2011 dedicated web pages will be created on the Federal Court’s website (www.fedcourt.gov.au) and the websites of the Tribunals mentioned in paragraph 10 (www.competitiontribunal.gov.au, www.copyrighttribunal.gov.au and www.defenceappeals.gov.au) for the IPS and the Freedom of Information (FOI) Disclosure Log in accord with the principles set out in the Australian Information Commissioner’s Guidance for Agency Websites issued on 22 March 2011.  In addition, by that date, the existing web pages on the Federal Court’s website for FOI and Privacy will be revised to accord with the principles in that guideline.  Web pages will also be created on the Tribunals’ websites for FOI and the existing Privacy web pages revised in accord with the principles in that guideline.

17.  In conjunction with the implementation of the revised rules of court and approved forms, an audit of all documents and information currently published on the Federal Court and the Tribunals’ websites or in hardcopy will be completed and a register of information required or permitted to be published under subsections 8(2) and (4) of the FOI Act will be developed^[4].  That audit will also identify any relevant documents and information which is not accurate, up-to-date or complete and recommend which, if any, of this material is no longer necessary or relevant and should be withdrawn from publication and which should be revised, updated or expanded.  This work is already underway in the Federal Court as part of the planning for both the implementation of the revised rules of court and of the IPS and it will be fully completed in approximately 9 months from the date of commencement of the revised rules of court.  As much use as possible and appropriate will be made of the results from this work as these become progressively available.

18.  Through the audit referred to in paragraph 17 above, simple and efficient processes and systems will be established or existing processes and systems revised for quality controlled preparation, approval, publication and regular ongoing review as appropriate of all new or updated documents and information.  All documents and information recommended in the audit to be withdrawn from publication will be reviewed progressively and decisions made to either withdraw that material as recommended or to retain it after revision.  Tasks for the revision of material recommended or decided for continued publication which is out of date, inaccurate or incomplete will be progressively allocated and timetables for that revision determined.

19.  To assist with achieving compliance with WCAG 2.0, the register of information referred to in paragraph 17 above will also record details of the format of all documents and information required or permitted to be published under subsections 8(2) and (4) of the FOI Act.  That register will also record any issues that may affect publication of any such documents and information on the Federal Court’s and the Tribunals’ websites.

20.  To assist with the maintenance of the FOI Disclosure Log web pages, the Federal Court will establish a register of documents to which access has been provided under the FOI Act and record in that register such details as necessary for that purpose, as well as providing FOI information and statistics required under section 93 of the FOI Act and the Australian Information Commissioner’s Reporting Guidelines issued on 15 March 2011^[5].

21.  The Federal Court may charge a person for accessing any IPS information which is impracticable to be published online to reimburse for specific reproduction costs or other specific incidental costs^[6] or for other charges as published on the Federal Court’s and the Tribunals’ websites.  These charges will be consistent with charges in the Freedom of Information (Charges) Regulations 1982.

Information architecture and accessibility

22.  The IPS information published by the Federal Court under the Plan from on or before 1 May 2011 on the FOI, IPS, FOI Disclosure Log and Privacy web pages, will be published in one or more of RTF, PDF or HTML formats as practicable.  Where a document is not available in an accessible format or available only in hardcopy, it will be made available on request in an appropriate format or hardcopy and contact details for any such request will be provided on the website.

23.  In conjunction with the redevelopment of the Federal Court’s and Tribunals’ websites:

• detailed consideration will be given to architecture of all online information (including IPS information) and, if necessary, any issues addressed;
• all current requirement for Australian Government websites, including WCAG 2.0, will be met and a plan developed to progressively achieve compliance with the known future WCAG 2.0 requirements within the timeframes specified in WCAG 2.0;
• consideration will be given to search functionality requirements (including for the IPS and FOI Disclosure Log web pages); and
• consideration will also be given to the usefulness and appropriateness of ‘Really Simple Syndication’ (RSS) technology to provide an alert service for subscribers (including of changes or additions to the IPS and FOI Disclosure Log web pages).

24.  New and revised IPS information published on the Federal Court’s or Tribunals’ websites will, so far as possible, be fully WCAG 2.0 compliant.

25.  The Federal Court will, so far as possible and appropriate, make its IPS information available for reuse on open licensing terms.

26.  Should the Federal Court deposit or publish IPS documents or information under a scheme, such as the Commonwealth Library Deposit, the National Film and Sound Archive or www.data.gov.au, the Federal Court will publish on its website (or that of the relevant Tribunal if this relates to a Tribunal) information about the deposits (including links where available).

Information required to be published

27.  The information required by subsection 8(2) of the FOI Act to be published will be made available on the dedicated IPS web page under the following headings and include:

• Agency plan^[7]

The Plan or any revisions of it

• Who we are^[8]

An organisational chart

A list of relevant statutory appointments made under the Federal Court Act and the legislation under which each of the Tribunals supported by the Federal Court operate

• What we do^[9]

An outline of the functions and powers of the Federal Court

A list of the statutes of the Parliament which confer original jurisdiction on the Federal Court

• Our reports and responses to Parliament^[10]

Annual reports prepared by the Federal Court under section 18S of the Federal Court Act

• Routinely requested information^[11]

Any information which is regularly provided in response to requests to the Federal Court (subject to the exceptions in paragraph 8(2)(g), FOI Act)

• Consultation^[12]

An outline of the arrangements and processes adopted by the Federal Court in consulting with the public or segments of it on any specific policy proposals for which the Federal Court is responsible

• Contact us^[13]

Contact details for the Federal Court’s FOI contact officer, who can be contacted about access the Federal Court’s information and documents under the FOI Act.

28.  The information required by section 11C of the FOI Act to be published will be made available on the FOI Disclosure Log web page.

29.  The information published may be by way of online link to the relevant document or information.

Optional information

30.  Other information which the Federal Court may, over time or from time to time, under subsection 8(4) of the FOI Act decide to publish taking into account the objects of the FOI Act will also be made available on the dedicated IPS web page under the headings:

• Our priorities^[14];
• Our finances^[15]; and
• Our lists^[16]

as well as such other headings as may be appropriate depending on the nature of the information.

31.  The information published may be by way of online link to the relevant document or information.

Administering the IPS from 1 May 2011

32.  From 1 May 2011, the ongoing compliance with the IPS will be co-ordinated by the Deputy Registrar.  Each District Registry, as well as designated staff within Principal Registry, will be responsible, as required, for tasks associated with such compliance within their areas of control and influence in consultation with the Deputy Registrar.

33.  Each District Registry and Principal Registry will implement the processes and systems developed or revised for quality controlled preparation, approval, publication and regular ongoing review of new or updated documents and information and any other processes and systems required for ongoing compliance with and support of the IPS.

34.  All new documents and information identified through the process of preparation as necessary or desired for IPS publication will be published as soon as possible after receiving approval.

35.  The Federal Court will develop, in conjunction with the implementation of the proposed document management strategy and the creation of a document management framework for the totality of the Federal Court’s document and information needs, integrated processes and systems to support the administration of the IPS.  The work on implementation of the document management strategy and framework will be delivered in stages over a number of years and will include development of associated plans, policies and procedures supported by technology or other solutions.  It will also integrate or support the Court’s records management needs.  Pending delivery of relevant components of that larger project, the administration of the IPS will be supported by basic technology (such as applications available to Federal Court staff on their computer desktop standard operating environment which operates across the Federal Court’s wide area network) or other systems.

Review and evaluation

36.  The Federal Court will review the Plan at least annually.  In addition, the Federal Court will review the Plan, as soon as possible, after any significant change in the guidelines in relation to the IPS, FOI Disclosure Log and Agency Websites issued by the Australian Information Commissioner under section 93A of the FOI Act from time to time.

37.  In conjunction with each annual review of the Plan, the Federal Court will complete a basic evaluation of its performance in implementing and administrating the Plan and the IPS in the Federal Court during the previous year.  That evaluation will have regard to the number of visits being made to the FOI, IPS, and FOI Disclosure Log web pages and any feedback received from users in relation to those web pages as well as other relevant information.  It will also take into account better practice material published for such evaluations by any Australian public sector agency or the Australian Information Commissioner.

38.  Following each annual and ad hoc review the Plan will be revised, as necessary, to take account of any changed requirements; the experience to that time of the operation in the Federal Court of the IPS, FOI Disclosure Log and associated activities; and best practice in relation to the IPS, FOI Disclosure Log and associated activities across the Australian public sector.  In considering the latter, the Federal Court will have regard to any better practice guidance material published relating to the IPS by any Australian public sector agency, by bodies such as the Management Advisory Committee and, in particular, by the Australian Information Commissioner as well as any academic research or studies.  The Federal Court will also have regard to agency plans published by other agencies.

39.  As required by section 9 of the FOI Act, the Federal Court will, in conjunction with the Australian Information Commissioner, complete a review of the operation of the IPS in the Federal Court on or before 1 May 2016 and thereafter within each period of 5 years from the completion of the previous such review.  These reviews will be carried out in accordance with any guidelines about IPS compliance reviews issued from time to time by the Australian Information Commissioner under section 93A of the FOI Act.