Open Records Laws › Fiji

Fiji

Information Act 2018

Information Act 2018 (Act No. 9 of 2018)

Open Records Transparency: 43/100 (moderate) Transparency Score: 43/100

RTI Rating: 64 (source)

Response Timeline

Initial Response
40 days
Extension
90 days
Residency Required
Citizen_or_resident

Two-stage process: Information Commission has 20 days to accept/refuse request; if accepted, agency has 20 days to provide access (40 days total). Extension of up to 90 additional days allowed for large document quantities, necessary consultations, or information that cannot be reasonably provided within standard period. Calendar vs business days not specified in accessible sources.

How to Submit a Request

Accepted Methods

  • Prescribed form — Requests must be made using form prescribed by regulations

Requests must specify: the agency holding information, particulars of information sought, and preferred format for access. No reasons for requests are required. Assistance available for formulation and clarification. Oversight commission implementing legislation not yet adopted as of last update.

Required Elements

  • Agency holding the information
  • Particulars of information sought
  • Preferred format for access

Fees

The Information Act 2018 requires an application fee "as prescribed by regulations" (Article 6(3)), but the specific amount is not codified in the primary legislation. Public agencies may impose charges for providing access based on expenses involved, including document quantity, preparation time, and costs for urgent requests (Article 12(2), (4)). Fees are not limited to reproduction costs and are set individually by agencies rather than centrally.

Fee Waivers

  • No charge for requests seeking personal information about the requester (Section 14)

Exemptions

  • National Security & Sovereignty
    Information affecting national security, sovereignty, or economic interests
  • Incitement
    Information that would incite commission of an offense
  • Court-Ordered Confidentiality
    Information subject to court-ordered confidentiality
  • Parliamentary Privileges
    Information protected by parliamentary privilege
  • Legal Professional Privilege
    Information protected by legal professional privilege
  • Foreign Government Confidences
    Information received in confidence from foreign governments
  • Law Enforcement Sources
    Information identifying law enforcement sources or endangering safety
  • Cabinet Documents
    Cabinet documents and deliberations
  • Trade Secrets & Commercial Information
    Trade secrets and confidential commercial information
  • Fiduciary Duty Information
    Information related to fiduciary duties (unless public interest justifies disclosure)
  • Personal Information
    Personal information lacking public significance (unless public interest justifies disclosure)
  • Environmental Harm
    Information that could cause environmental harm
  • Cabinet-Classified State Secrets
    State secrets classified by Cabinet decision
  • General Public Interest
    Any other information the Commission deems not in the public interest to disclose

Fiji's Information Act 2018 contains extensive exemptions with limited harm testing. Most exemptions (Article 20) are mandatory with no public interest override. Only two discretionary exemptions (fiduciary duty information and personal information) allow for public interest balancing. The broad catch-all exemption grants the Commission discretion to withhold "any other information" deemed not in the public interest. RTI Rating scored Fiji 5/10 on exemptions due to excessive categories, minimal harm tests, and weak public interest override provisions.

Appeal Process

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Fiji scored 12/30 on RTI Rating appeals criteria. MAJOR WEAKNESS: No internal review mechanism exists. Commission has constitutional independence (3-year terms, removal only for cause), but implementing legislation never adopted, rendering it largely non-functional. High Court appeals limited to legal questions only. No administrative remedies for delays or partial denials.

Sources & References