RIGHT TO INFORMATION ACT 2009 - As at 1 March 2024 - Act 13 of 2009
- As at 1 March 2024 - Act 13 of 2009Table of Provisions
- Long Title Preamble
CHAPTER 1 - PRELIMINARY
PART 1 - INTRODUCTORY
- 1 Short title
- 2 Commencement
- 3 Object of Act
- 4 Act not intended to prevent other publication or access
- 5 Relationship with other Acts requiring publication or access
- 6 Relationship with other Acts prohibiting disclosure of information
- 7 Relationship with other Acts regulating disposal of information
- 8 Relationship with Information Privacy Act
- 9 Act binds State
PART 2 - INTERPRETATION
- 10 Definitions
- 11 Meaning of document to which this Act does not apply
- 12 Meaning of document of an agency
- 13 Meaning of document of a Minister
- 14 Meaning of agency
- 15 Local government references for this Act
- 16 Meaning of public authority
- 17 Meaning of entity to which this Act does not apply
- 18 Meaning of processing period, revision period and transfer period
PART 3 - EFFECT OF PUBLICATION BY CABINET ON PUBLIC INTEREST IMMUNITY
- 18A Effect of publication by Cabinet on public interest immunity
CHAPTER 2 - DISCLOSURE OTHER THAN BY APPLICATION UNDER THIS ACT
- 19 Other ways of accessing information
- 20 Requirement for policy documents to be publicly available
- 21 Requirement for publication scheme
- 22 Disclosure under publication scheme
- 22A Civil liability of Minister for disclosing information
CHAPTER 3 - DISCLOSURE BY APPLICATION UNDER THIS ACT
PART 1 - RIGHT TO ACCESS
PART 2 - ACCESS APPLICATION
- 24 Making access application
- 25 Making access applications for children
- 26 Access application may not be made to commissioner
- 27 Application for documents then existing
- 28 Application for metadata
- 29 Application not for backup system documents
PART 3 - DEALING WITH APPLICATION
Division 1 - Decision-maker
Division 2 - Preliminary contact with applicant
- 32 Application outside scope of Act
- 33 Noncompliance with application requirement
- 34 Application for personal information
- 35 Longer processing period
- 36 Schedule of relevant documents and charges estimate notice
Division 3 - Contact with relevant third party
- 37 Disclosure of concern to third party
Division 4 - Transfers
- 38 Transfer of application
PART 4 - REFUSAL TO DEAL WITH APPLICATION
- 39 Pro-disclosure bias in deciding to deal with applications
- 40 Exempt information
- 41 Effect on agency’s or Minister’s functions
- 42 Prerequisites before refusal because of effect on functions
- 43 Previous application for same documents
PART 5 - DECISION
- 44 Pro-disclosure bias in deciding access to documents
- 45 Considered decision on access application
- 46 Deemed decision on access application
- 47 Grounds on which access may be refused
- 48 Exempt information
- 49 Contrary to public interest
- 50 Contrary to child’s best interests
- 51 Contrary to applicant’s best interests—healthcare information
- 52 Document nonexistent or unlocatable
- 53 Other access available
- 54 Notification of decision and reasons
- 55 Information as to existence of particular documents
PART 6 - CHARGING REGIME
Division 1 - Preliminary
- 56 Meaning of processing charge
- 57 Meaning of access charge
- 58 Duty in relation to processing charge and access charge
- 59 No processing charge for personal information
Division 2 - Payment of charges
Division 3 - Waiver of charges
- 63 Waiver under div 3 only
- 64 Uneconomical to charge
- 65 Agency or Minister has delayed
- 66 Applicant under financial hardship
- 67 Financial hardship status for non-profit organisation
PART 7 - GIVING ACCESS
Division 1 - Giving access to applicant
- 68 Forms of access
- 69 Time limit for access
- 70 Precautions
- 71 Precautions for children
- 72 Deferral of access
- 73 Deletion of irrelevant information
- 74 Deletion of exempt information
- 75 Deletion of contrary to public interest information
- 75A Deletion of contrary to child’s best interests information
- 75B Deletion of contrary to applicant’s best interests information—relevant healthcare information
- 76 Giving summary of personal information to applicant or intermediary
- 77 Giving relevant healthcare information to applicant’s nominated healthcare professional
Division 2 - Giving access to others
- 78 Disclosure logs—departments and Ministers
- 78A Disclosure logs—other agencies
- 78B Requirements about disclosure logs
PART 8 - INTERNAL REVIEW
- 79 Definitions for pt 8
- 80 Internal review
- 81 Decisions that may not be reviewed
- 82 Applying for internal review
- 83 When internal review application to be decided
PART 9 - EXTERNAL REVIEW
Division 1 - Preliminary
- 84 Definitions for pt 9
- 85 External review
- 86 Decisions that may not be reviewed
- 87 Onus
Division 2 - Application
Division 3 - After application made
- 90 Early resolution encouraged
- 91 Agency or Minister to be informed of application for external review of deemed decision
- 92 Agency or Minister to be informed before external review of decision
- 93 Applications where decision delayed
- 94 Information commissioner may decide not to review
Division 4 - Conduct of external review
Division 5 - Powers of information commissioner on external review
- 98 Preliminary inquiries
- 99 Better reasons
- 100 Access to documents
- 101 Access in particular form
- 102 Requiring a search
- 103 Requiring information, documents and attendance
- 104 Examining witnesses
- 105 Additional powers
- 106 Restrictions under other laws not applicable
- 107 Information commissioner to ensure proper disclosure and return of documents
- 108 Information commissioner to ensure nondisclosure of particular information
- 109 Exception for successful challenge of s 55(2) notice
Division 6 - Decision on external review
Division 7 - Miscellaneous
PART 10 - VEXATIOUS APPLICANTS
PART 11 - REFERENCES OF QUESTIONS OF LAW AND APPEALS
- 116 Definitions for pt 11
- 117 (Expired)
- 118 Reference of questions of law to Queensland Civil and Administrative Tribunal
- 119 Appeal to Queensland Civil and Administrative Tribunal on question of law
- 120 Application to Queensland Civil and Administrative Tribunal for review of decision about financial hardship status
- 121 Application to Queensland Civil and Administrative Tribunal for review of vexatious applicant declaration
- 122 Rules and procedures of Queensland Civil and Administrative Tribunal
CHAPTER 4 - OFFICE OF THE INFORMATION COMMISSIONER
PART 1 - GENERAL
- 123 Information Commissioner and office of the information commissioner
- 124 Office of the information commissioner is a statutory body
PART 2 - INFORMATION COMMISSIONER
- 125 General power
- 126 Information commissioner not subject to direction
- 127 Control of the office of the information commissioner
- 128 Support functions
- 129 Decision-making functions
- 130 External review functions
- 131 Performance monitoring functions
- 132 Power to issue guidelines
- 133 Budget and performance
- 134 Appointment
- 135 Procedure before appointment
- 136 Term of appointment
- 137 Remuneration and conditions
- 138 Leave of absence
- 139 Preservation of rights if public service officer appointed
- 140 Oath before performing duties
- 140A Declaration of interests
- 140B Conflicts of interest
- 141 Restriction on outside employment
- 142 Resignation
- 143 Acting information commissioner
PART 3 - STAFF OF THE OFFICE OF THE INFORMATION COMMISSIONER
- 144 Staff employed under Public Sector Act 2022
- 145 Delegation
- 146 Staff subject only to direction of information commissioner
PART 4 - RIGHT TO INFORMATION COMMISSIONER
- 147 Right to Information Commissioner
- 148 Role and function of RTI commissioner
- 149 RTI commissioner subject to direction of information commissioner
- 150 Appointment
- 151 Procedure before appointment
- 152 Term of appointment
- 153 Remuneration and conditions
- 154 Leave of absence
- 155 Preservation of rights if public service officer appointed
- 156 Restriction on outside employment
- 157 Resignation
- 158 Acting RTI commissioner
PART 5 - COMMISSIONER MAY BE REMOVED OR SUSPENDED FROM OFFICE
- 159 Definition for pt 5
- 160 Grounds for removal or suspension
- 161 Removal on address
- 162 Suspension on address
- 163 Suspension if Assembly not sitting
- 164 Acts Interpretation Act 1954
PART 6 - PROCEEDINGS
- 165 Third party proceedings
- 166 Costs in proceedings
- 167 Information commissioner or RTI commissioner may appear in proceedings
- 168 Intervention by Attorney-General
CHAPTER 5 - PROTECTIONS AND OFFENCES
PART 1 - PROTECTIONS
- 169 Meaning of access was required or permitted to be given under this Act
- 170 Access—protection against actions for defamation or breach of confidence
- 171 Publication—protection against actions for defamation or breach of confidence
- 172 Access—protection in respect of offences
- 173 Publication—protection in respect of offences
- 174 Protection of agency, information commissioner etc. from personal liability
PART 2 - OFFENCES
- 175 Direction to act in particular way
- 176 Unlawful access
- 177 False or misleading information
- 178 Failure to produce documents or attend proceedings
- 179 Disclosure or taking advantage of information
CHAPTER 6 - MISCELLANEOUS PROVISIONS
PART 1 - ARCHIVAL DOCUMENTS
- 180 Operation of Public Records Act 2002
- 181 Non-official documents in Queensland State Archives etc.
- 182 Official documents in Queensland State Archives
PART 2 - OPERATION OF THIS ACT
- 183 Review of Act
- 184 Reports of information commissioner
- 185 Report to Assembly on Act’s operation
- 186 Strategic review of office
- 187 Conduct of strategic review
- 188 Report of strategic review
- 189 Functions of parliamentary committee
PART 3 - OTHER
- 190 Power of person acting for another person
- 191 Contents of prescribed written notice
- 192 Approval of forms
- 193 Regulation-making power
CHAPTER 7 - REPEAL AND TRANSITIONAL PROVISIONS
PART 1 - REPEAL
- 194 Repeal
PART 2 - TRANSITIONAL PROVISIONS FOR ACT NO. 13 OF 2009
- 195 Outdated references
- 196 Continuation of appointment as information commissioner
- 197 Continuation of appointment as acting information commissioner
- 198 Pre-enactment recruitment process
- 199 Applications under Freedom of Information Act 1992
- 200 Time limit for access under Freedom of Information Act 1992 continues to apply
- 201 Statements of affairs
- 202 Refusal to deal with application—previous application for same documents
- 203 Delayed appeals and applications to QCAT
PART 3 - TRANSITIONAL PROVISIONS FOR STATE PENALTIES ENFORCEMENT AND OTHER LEGISLATION AMENDMENT ACT 2009
- 204 Definition for pt 3
- 205 Retrospective validation for particular delegations and directions
- 206 Decision under s 55(2) is a reviewable decision
PART 4 - TRANSITIONAL PROVISION FOR INTEGRITY REFORM (MISCELLANEOUS AMENDMENTS) ACT 2010
- 206A Declaration of interests by information commissioner
PART 5 - TRANSITIONAL PROVISION FOR COURT AND CIVIL LEGISLATION AMENDMENT ACT 2017
PART 6 - TRANSITIONAL PROVISION FOR LOCAL GOVERNMENT ELECTORAL (IMPLEMENTING STAGE 2 OF BELCARRA) AND OTHER LEGISLATION AMENDMENT ACT 2019
- 206C Exempt information—BCC Establishment and Coordination Committee information
PART 7 - TRANSITIONAL PROVISION FOR BIODISCOVERY AND OTHER LEGISLATION AMENDMENT ACT 2020
CHAPTER 8 - TRANSITIONAL PROVISIONS FOR MEMBERS OF QR GROUP
- 207 Definitions for ch 8
- 208 Application of Act to members of QR Group during interim period
- 209 Certain provisions continue to apply until change of ownership despite their repeal