Queensland Consolidated Acts

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Right to Information Act 2009


TABLE OF PROVISIONS

           Contents

           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

           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

           Chapter 3--Disclosure by application under this Act

           Part 1--Right to access

   23.     Right to be given access to particular documents

           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

   30.     Decision-maker for application to agency
   31.     Decision-maker for application to Minister

           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

   60.     Requirement to pay charges
   61.     Amount of charges
   62.     Refund of excess payment

           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
   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

   88.     Applying for external review
   89.     Participants in external review

           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

   95.     Procedure on external review
   96.     Requirement to assist during review
   97.     Conduct of reviews

           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

   110.    Decision on external review
   111.    Correction of mistakes in decisions

           Division 7--Miscellaneous

   112.    Costs of external review
   113.    Disciplinary action

           Part 10--Vexatious applicants

   114.    Vexatious applicants
   115.    Declaration may be varied or revoked

           Part 11--References of questions of law and appeals

   116.    Definitions for pt 11
   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 Service Act 2008
   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

           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
           SCHEDULE 1--DOCUMENTS TO WHICH THIS ACT DOES NOT APPLY
           1. Security document
           2. Documents under Terrorism (Preventative Detention) Act 2005
           3. Particular documents under Crime and Corruption Act 2001
           4. Particular documents under Police Powers and Responsibilities Act 2000
           5. Particular documents under Police Service Administration Act 1990
           6. Documents received or created by integrity commissioner for Integrity Act 2009, ch 3
           7. Document received or created by Prostitution Licensing Authority
           8. Particular coronial document during investigation
           9. Root cause analysis document
           10. Particular documents under Workers' Compensation and Rehabilitation Act 2003
           11. Particular documents under Biodiscovery Act 2004
           12. Particular documents under the Gene Technology (Queensland) Act 2016
           13. Particular documents under Sugar Industry Act 1999
           14. Particular GOC documents created or received before commencement
           15. Particular corporatised corporation documents created or received before commencement
           SCHEDULE 2--ENTITIES TO WHICH THIS ACT DOES NOT APPLY
           1. Cabinet matter brought into existence before commencement
           2. Cabinet information brought into existence on or after commencement
           3. Executive Council information
           4. Information briefing incoming Minister
           4A. BCC Establishment and Coordination Committee information
           4B. Budgetary information for local governments
           5. Information revealing particular Sovereign communications
           6. Information disclosure of which would be contempt of court or Parliament
           7. Information subject to legal professional privilege
           8. Information disclosure of which would found action for breach of confidence
           9. National or State security information
           10. Law enforcement or public safety information
           11. Investment incentive scheme information
           12. Information disclosure of which prohibited by Act
           SCHEDULE 4--FACTORS FOR DECIDING THE PUBLIC INTEREST


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