RIGHT TO INFORMATION ACT 2009 - As at 1 March 2024 - Act 13 of 2009
RIGHT TO INFORMATION ACT 2009
- As at 1 March 2024
- Act 13 of 2009
TABLE 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
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
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
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
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
206B. Application of sch 1, s 16
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
206D. Continued exclusion for particular biodiscovery documents
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
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
