Queensland Consolidated Acts

FREEDOM OF INFORMATION ACT 1992

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

           Division 1--Introductory

   1.      Short title
   2.      Commencement
   3.      Deferred application to local governments

           Division 2--Object of Act and matters relevant to its administration and interpretation

   4.      Object of Act and its achievement
   6.      Matter relating to personal affairs of applicant

           Division 3--Interpretation

   7.      Definitions
   8.      Meaning of agency
   9.      Meaning of public authority
   9A.     Notes in text

           Division 4--Operation and application of Act

   10.     Act applies to document whenever it came into existence
   11.     Act not to apply to certain bodies etc.
   11A.    Application of Act to GOCs
   11B.    Application of Act to corporatised corporations
   11C.    Application of Act to coronial documents
   11CA.   Application of Act to particular documents under the Ambulance Service Act 1991 or the Health Services Act 1991
   11D.    Application of Act to other Acts
   11E.    Application of Act to offenders or agents
   12.     Application of Act to Information Commissioner
   13.     Act binds Crown

           Division 5--Relationship with other laws

   14.     Act not intended to prevent other publication of information etc.
   15.     Relationship with other enactments requiring publication of information etc.
   16.     Operation of provisions of other enactments providing for non-disclosure
   17.     Operation of Public Records Act 2002

           Part 2--Publication of certain documents and information

   18.     Publication of information concerning affairs of agencies
   19.     Availability of certain documents
   20.     Notices to require specification of documents in statements

           Part 3--Access to documents

           Division 1--Access

   21.     Right of access
   22.     Documents to which access may be refused
   23.     Non-official documents in Queensland State Archives etc.
   24.     Official documents in Queensland State Archives
   25.     How applications for access are made
   25A.    Initial duties of agency or Minister in relation to application
   26.     Transfer of applications
   27.     How applications are dealt with
   27A.    Calculation of appropriate period for s 27
   27B.    Extended processing period
   28.     Refusal of access—matter or document exempt
   28A.    Refusal of access—document nonexistent or unlocatable
   29.     Refusal to deal with application—agency's or Minister's functions
   29A.    What an agency or Minister must do before refusing to deal with application under s 29
   29B.    Refusal to deal with application—previous application for same documents
   30.     Forms of access
   31.     Access may be deferred in certain cases
   31A.    Time limit for access
   32.     Deletion of exempt matter
   33.     Persons who are to make decisions for agencies and Ministers
   34.     Notification of decisions and reasons
   35.     Information as to existence of certain documents

           Division 1A--Fees and charges

   35A.    Meaning of financial hardship
   35B.    Fees and charges for access to documents not concerning personal affairs
   35C.    Waiver of fees and charges
   35D.    Process for assessment of charges
   35E.    Refund of excess payment

           Division 2--Exempt matter

   36.     Cabinet matter
   37.     Executive Council matter
   38.     Matter affecting relations with other governments
   39.     Matter relating to investigations by ombudsman, reviews by Service Delivery and Performance Commission or audits by auditor-general etc.
   40.     Matter concerning certain operations of agencies
   41.     Matter relating to deliberative processes
   42.     Matter relating to law enforcement or public safety
   42AA.   Matter created for ensuring security or good order of corrective services facility
   42A.    Matter relating to national or State security
   43.     Matter affecting legal proceedings
   44.     Matter affecting personal affairs
   45.     Matter relating to trade secrets, business affairs and research
   46.     Matter communicated in confidence
   47.     Matter affecting the economy of State
   47A.    Matter relating to investment incentive scheme
   48.     Matter to which secrecy provisions of enactments apply
   49.     Matter affecting financial or property interests
   50.     Matter disclosure of which would be contempt of Parliament or contempt of court

           Division 2A--Children

   50A.    Applications on behalf of children and matters affecting personal affairs of children

           Division 3--Consultation

   51.     Disclosure that may reasonably be expected to be of substantial concern

           Division 4--Internal review

   52.     Internal review
   52A.    Who is aggrieved by a decision for s 52

           Part 4--Amendment of information

           Division 1--Application for amendment of information

   53.     Person may apply for amendment of information
   54.     Form of application for amendment of information
   54A.    Transfer of applications
   54B.    Refusal to deal with application—agency's or Minister's functions
   54C.    What an agency or Minister must do before refusing to deal with application under s 54B
   54D.    Refusal to deal with application—previous application for same amendment
   54E.    Discretion to amend information
   55.     Amendment of information by alteration or notation
   56.     Notation to information
   57.     Time within which agency or Minister must notify applicant
   57A.    Extended processing period
   58.     Decision to be made by authorised person and reasons given
   59.     Particular notations required to be added

           Division 2--Internal review

   60.     Internal review

           Part 5--External review of decisions

           Division 1--Conduct of review

   72.     Procedure on review
   73.     Applications for review
   73A.    Agency or Minister to be informed of application for review of deemed decision
   74.     Agency or Minister to be informed before review of decision
   75.     Preliminary inquiries
   76.     Inspection by commissioner of documents from agency or Minister
   77.     Commissioner may decide not to review
   78.     Participants in review
   79.     Applications where decisions delayed
   80.     Mediation
   81.     Onus
   82.     Requirement to provide better reasons
   83.     Conduct of reviews
   84.     Review of Minister's certificates
   85.     Power to obtain information and documents and compel attendance
   86.     Power to examine witnesses
   86A.    False or misleading information
   87.     Commissioner to ensure non-disclosure of particular matter
   87A.    Exception for successful challenge of s 35 notice
   88.     Powers of commissioner on review
   89.     Decisions of commissioner
   89A.    Correction of mistakes in decisions

           Division 2--Miscellaneous

   90.     Delegation
   91.     Protection of commissioner etc. from personal liability
   92.     Restrictions under other laws not applicable
   93.     Secrecy
   94.     Failure to produce documents or attend proceedings
   95.     Costs of review
   96.     Disciplinary action
   96A.    Vexatious applicants
   96B.    Declaration may be varied or revoked
   97.     Reference of questions of law to Supreme Court
   98.     Costs in proceedings
   99.     Commissioner may appear in proceedings
   99A.    Third party proceedings
   100.    Intervention by Attorney-General
   101.    Reports of commissioner

           Part 5A--Office of the Information Commissioner

           Division 1--General

   101A.   The Information Commissioner and office
   101B.   Office is a statutory body
   101C.   Functions of commissioner
   101D.   Control of the office
   101E.   Commissioner not subject to direction
   101F.   Budget and performance

           Division 2--Information Commissioner

   101G.   Appointment
   101H.   Procedure before appointment
   101I.   Term of appointment
   101J.   Remuneration and conditions
   101K.   Leave of absence
   101L.   Preservation of rights if public service officer appointed
   101M.   Oath before performing duties
   101N.   Restriction on outside employment
   101O.   Resignation
   101P.   Acting commissioner

           Division 3--Commissioner may be removed or suspended from office

   101Q.   Grounds for removal or suspension from office
   101R.   Removal of commissioner on address
   101S.   Suspension of commissioner on address
   101T.   Suspension of commissioner if Assembly not sitting
   101U.   Acts Interpretation Act 1954

           Division 4--Staff of the office

   101V.   Staff employed under Public Service Act 1996
   101W.   Staff subject only to direction of commissioner

           Part 6--Miscellaneous

   102.    Protection against actions for defamation or breach of
   103.    Protection in respect of offences
   104.    Protection of agency etc. from personal liability
   105.    Precautions
   106.    Offence of unlawful access
   107.    Application of Ombudsman Act
   108.    Report to Legislative Assembly by agencies and Ministers
   108A.   Strategic review of commissioner
   108AA.  Conduct of strategic review
   108AB.  Report of strategic review
   108C.   Functions of parliamentary committee
   109.    Regulation-making power

           Part 7--Transitional provisions

           Division 2--Provision for Terrorism (Community Safety) Amendment Act 2004

   111.    Matter relating to national or State security

           Division 3--Provision for Transport Infrastructure Amendment Act 2004

   112.    Application for access to particular documents

           Division 4--Provisions for Freedom of Information and Other Legislation Amendment Act 2005

   113.    Definition for div 4
   114.    Application of amendments to existing applications
   115.    Application of particular amendments to reviews etc.
   116.    Charges for existing applications for access
   117.    Continuation of appointment as commissioner
   118.    Continuation of current staff member's employment under Public Service Act 1996
   119.    Report to Legislative Assembly
   120.    Reports of commissioner
   121.    Amendment of regulation by Freedom of Information and Other Legislation Amendment Act 2005 does not affect powers of Governor in Council
   122.    Re-enactment of regulation-making power does not affect validity of Freedom of Information Regulation 1992

           Division 5--Provision for State Development and Public Works Organisation and Other Legislation Amendment Act 2005

   123.    Application of amendment of definition department

           Division 6--Provisions for Judicial Remuneration Act 2007, part 5, division 4

   124.    Notification requirement after deemed decision
   125.    Considered decision or review after deemed decision
           SCHEDULE 1 SECRECY PROVISIONS GIVING EXEMPTION
           SCHEDULE 2 APPLICATION OF ACT TO GOCS
           SCHEDULE 3 APPLICATION OF ACT TO OTHER ACTS
           SCHEDULE 4 PROCESS FOR ASSESSMENT OF CHARGES

           Part 1--Preliminary assessment process
           1. Preliminary assessment of charges
           2. Deemed withdrawal of application

           Part 2--Objection process
           3. Objection notice

   4.      New preliminary assessment notice
   5.      Notice that charges waived
   6.      Notice of other decision
   7.      Deemed decision

           Part 3--Financial hardship process

   8.      Concession card given and accepted
   9.      Concession card given but not accepted
   10.     Financial hardship claim by non-profit organisation

           Part 4--Final assessment process

   11.     Final assessment notice
           Endnotes