RIGHT TO INFORMATION ACT 2009 - SCHEDULE 3
RIGHT TO INFORMATION ACT 2009 - SCHEDULE 3
SCHEDULE 3 – Exempt information
Note—Access to a document may be refused to the extent the document comprises exempt information—see section 47 (3) (a) .
1 Cabinet matter brought into existence before commencement
Matter is exempt information if the matter is—
(a) brought into existence before the commencement of this section; and
(b) mentioned in section 36 (1) of the repealed Freedom of Information Act 1992 ; and
(c) not officially published by decision of Cabinet.
2 Cabinet information brought into existence on or after commencement
(1) Information is exempt information for 10 years after its relevant date if—(a) it has been brought into existence for the consideration of Cabinet; or(b) its disclosure would reveal any consideration of Cabinet or would otherwise prejudice the confidentiality of Cabinet considerations or operations; or(c) it has been brought into existence in the course of the State’s budgetary processes.
(2) Subsection (1) does not apply to—(a) information brought into existence before the commencement of this section; or(b) information officially published by decision of Cabinet.
(3) Without limiting subsection (1) , the following documents are taken to be documents comprised exclusively of exempt information under subsection (1) —(a) Cabinet submissions;(b) Cabinet briefing notes;(c) Cabinet agendas;(d) notes of discussions in Cabinet;(e) Cabinet minutes;(f) Cabinet decisions;(g) a draft of a document mentioned in any of paragraphs (a) to (f).
(3A) To remove any doubt, it is declared that—(a) a document mentioned in subsection (3) (a) or (f) —(i) is not comprised exclusively of exempt information if some information in the document has been officially published by decision of Cabinet; but(ii) continues to be comprised of exempt information to the extent information in the document has not been published; and(b) a document mentioned in subsection (3) (b) to (e) or (g) is taken to be comprised exclusively of exempt information despite any publication of a document mentioned in subsection (3) (a) or (f) .
(4) A report of factual or statistical information attached to a document mentioned in subsection (3) is exempt information under subsection (1) only if—(a) its disclosure would have an effect mentioned in subsection (1) (b) ; or(b) it was brought into existence for the consideration of Cabinet or for the State’s budgetary processes.
(5) In this section—
"Cabinet" includes a Cabinet committee or subcommittee.
"consideration" includes—(a) discussion, deliberation, noting (with or without discussion) or decision; and(b) consideration for any purpose, including, for example, for information or to make a decision.
"draft" includes a preliminary or working draft.
"relevant date" , for information, means—(a) for information considered by Cabinet—the date the information was most recently considered by Cabinet; or(b) for other information—the date the information was brought into existence.
3 Executive Council information
(1) Information is exempt information if—(a) it has been submitted to Executive Council; or(b) it was brought into existence for submission to Executive Council and is proposed, or has at any time been proposed, to be submitted to Executive Council by a Minister; or(c) it was brought into existence for briefing, or the use of, the Governor, a Minister or a chief executive in relation to information—(i) submitted to Executive Council; or(ii) that is proposed, or has at any time been proposed, to be submitted to Executive Council by a Minister; or(d) it is, or forms part of, an official record of Executive Council; or(e) its disclosure would involve the disclosure of any consideration of Executive Council or could otherwise prejudice the confidentiality of Executive Council considerations or operations; or(f) it is a draft of matter mentioned in any of paragraphs (a) to (e); or(g) it is a copy of or extract from, or part of a copy of or extract from, information mentioned in any of paragraphs (a) to (f).
(2) Subsection (1) does not apply to information officially published by decision of the Governor in Council.
(3) In this section—
"chief executive" means a chief executive of a unit of the public sector.
"consideration" includes—(a) discussion, deliberation, noting (with or without discussion) or decision; and(b) consideration for any purpose, including, for example, for information or to make a decision.
"draft" includes a preliminary or working draft.
"official record" , of Executive Council, includes an official record of information submitted to Executive Council.
"submit" information to Executive Council includes bring the information to Executive Council, irrespective of the purpose of submitting the information to Executive Council, the nature of the information or the way in which Executive Council deals with the information.
4 Information briefing incoming Minister
Information is exempt information for 10 years after the appointment of a Minister for a department if the information is brought into existence by the department to brief an incoming Minister about the department.
4B Budgetary information for local governments
(1) Information brought into existence in the course of a local government’s budgetary processes is exempt information for 10 years after the date it was brought into existence.
(2) Subsection (1) does not apply to information officially published by decision of the local government.
5 Information revealing particular Sovereign communications
Information is exempt information if its disclosure would reveal—
(a) any communications between the Sovereign and the Sovereign’s representative; or
(b) any communications between the Sovereign, or the Sovereign’s representative, and the Premier.
6 Information disclosure of which would be contempt of court or Parliament
Information is exempt information if its public disclosure would, apart from this Act and any immunity of the Crown—
(a) be in contempt of court; or
(b) be contrary to an order made or direction given by—(i) a royal commission or commission of inquiry; or(ii) a person or body having power to take evidence on oath; or
(c) infringe the privileges of—(i) Parliament; or(ii) the Parliament of the Commonwealth or a State, or a House of such a Parliament; or(iii) the Legislative Assembly of Norfolk Island.
7 Information subject to legal professional privilege
Information is exempt information if it would be privileged from production in a legal proceeding on the ground of legal professional privilege.
8 Information disclosure of which would found action for breach of confidence
(1) Information is exempt information if its disclosure would found an action for breach of confidence.
(2) However, deliberative process information is not exempt information under subsection (1) unless it consists of information communicated by an entity other than—(a) a person in the capacity of—(i) a Minister; or(ii) a member of the staff of, or a consultant to, a Minister; or(iii) an officer of an agency; or(b) the State or an agency.
(3) In this section—
"deliberative process information" means information disclosing—(a) an opinion, advice or recommendation that has been obtained, prepared or recorded; or(b) a consultation or deliberation that has taken place;in the course of, or for the purposes of, the deliberative processes involved in the functions of government.
9 National or State security information
(1) Information is exempt information if its disclosure could reasonably be expected to damage the security of the Commonwealth or a State.
(2) For subsection (1) , the security of the Commonwealth includes—(a) matters relating to detecting, preventing or suppressing activities, whether within or outside Australia, that are subversive of, or hostile to, the interests of the Commonwealth or a country allied or associated with the Commonwealth; and(b) the security of a communications system or cryptographic system of the Commonwealth or another country used for—(i) the defence of the Commonwealth or a country allied or associated with the Commonwealth; or(ii) the conduct of the international relations of the Commonwealth.
(3) For subsection (1) , the security of a State includes matters relating to detecting, preventing or suppressing activities, whether within or outside the State, that are subversive of, or hostile to, the interests of the State.
10 Law enforcement or public safety information
(1) Information is exempt information if its disclosure could reasonably be expected to—(a) prejudice the investigation of a contravention or possible contravention of the law (including revenue law) in a particular case; or(b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or(c) endanger a person’s life or physical safety; or(d) result in a person being subjected to a serious act of harassment or intimidation; or(e) prejudice a person’s fair trial or the impartial adjudication of a case; or(f) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law (including revenue law); or(g) prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or(h) endanger the security of a building, structure or vehicle; or(i) prejudice a system or procedure for the protection of persons, property or the environment; or(j) facilitate a person’s escape from lawful custody; or(k) prejudice the wellbeing of a cultural or natural resource or the habitat of animals or plants.
(2) However, information is not exempt information under subsection (1) if it consists of—(a) matter revealing that the scope of a law enforcement investigation has exceeded the limits imposed by law; or(b) matter containing a general outline of the structure of a program adopted by an agency for dealing with a contravention or possible contravention of the law; or(c) a report on the degree of success achieved in a program adopted by an agency for dealing with a contravention or possible contravention of the law; or(d) a report prepared in the course of a routine law enforcement inspection or investigation by an agency whose functions include that of enforcing the law (other than the criminal law or the law relating to corruption under the Crime and Corruption Act 2001 ; or(e) a report on a law enforcement investigation that has already been disclosed to the entity the subject of the investigation.
(3) Also, information is exempt information if—(a) it consists of information given in the course of an investigation of a contravention or possible contravention of the law (including revenue law); and(b) the information was given under compulsion under an Act that abrogated the privilege against self-incrimination.
(4) Also, information is exempt information if it consists of information obtained, used or prepared for an investigation by a prescribed crime body, or another agency, in the performance of the prescribed functions of the prescribed crime body.
(5) Also, information is exempt information if it consists of information obtained, used or prepared—(a) for an investigation by a part of the Queensland Police Service known as the State Intelligence Group; or(b) for an investigation by a part of the Queensland Police Service known as the State Security Operations Group; or(c) by Crime Stoppers Queensland Limited ACN 010 995 650.
(6) However, information is not exempt information under subsection (4) or (5) in relation to a particular applicant if—(a) it consists of information about the applicant; and(b) the investigation has been finalised.
(7) A reference in this section to a repealed Act includes a reference to the repealed Act as originally enacted and as in force from time to time.
(8) A reference in this section to a contravention or possible contravention of the law includes a reference to corruption or possible corruption under the Crime and Corruption Act 2001 .
(9) In this section—
"corruption functions" see the Crime and Corruption Act 2001 , section 33 .
"crime function" see the Crime and Corruption Act 2001 , section 25 .
"intelligence functions" mean the functions mentioned in the Crime and Corruption Act 2001 , section 53 .
"law" includes law of the Commonwealth, a State or a foreign country.
"prescribed crime body" means—(a) the Crime and Corruption Commission; or(b) the former Criminal Justice Commission; or(c) the former Queensland Crime Commission.
"prescribed functions" means—(a) in relation to the Crime and Corruption Commission—the crime function, the intelligence functions and the corruption functions; and(b) in relation to the former Criminal Justice Commission—the functions of the former Criminal Justice Commission under the repealed Criminal Justice Act 1989 in relation to organised or major crime, or in relation to misconduct or official misconduct, within the meaning of that Act; and(c) in relation to the former Queensland Crime Commission—the functions of the former Queensland Crime Commission under the repealed Crime Commission Act 1997 in relation to relevant criminal activity or major crime within the meaning of that Act.
11 Investment incentive scheme information
(1) Information is exempt information for the relevant period if its disclosure could reasonably be expected to disclose information about—(a) a particular incentive given to, or arranged for, a relevant person under a contract in relation to an investment incentive scheme; or(b) an incentive sought by, or proposed for, a relevant person whether or not an incentive was, in fact, given to, or arranged for, the relevant person under an investment incentive scheme.
(2) In this section—
"department" means the department administered by the Minister having responsibility for business, industry development, and investment opportunities and attraction, as identified in the Administrative Arrangements and within which that responsibility is administered.
"incentive" includes any of the following—(a) an amount that is a refund of all or part of an amount paid as a tax, fee or charge;(b) another amount, whether as a lump sum or by instalments;(c) a benefit that is not an amount mentioned in paragraph (a) or (b) .
"investment incentive scheme" means a written scheme that—(a) promotes projects by giving incentives; and(b) includes processes for assessing an application under the scheme; and(c) is administered by the department.
"project" means a project or proposed project that involves investing or spending money, or the continued investing or spending of money, and is intended to create job opportunities or to continue existing jobs.
"relevant period" —(a) for an incentive given or arranged under a contract, means the period ending at the earlier of—(i) 1 year after the contract ends; or(ii) 8 years after the contract begins; or(b) for an incentive that was sought or proposed but that was not given or arranged, means the period ending 8 years after the last written communication between the department and the relevant person in relation to the incentive.
"relevant person" means a person to the extent the person is or was any 1 or more of the following—(a) a person who inquires of, or enters into discussions with, the department or a public service employee about an incentive for a project, whether or not the person makes an application under an investment incentive scheme for an incentive;(b) a person who makes an application under an investment incentive scheme, whether or not the person is given an incentive;(c) a person who is given an incentive for a project, whether or not the person continues to be subject to a provision of an agreement about the incentive that allows the department to monitor the person or project.
12 Information disclosure of which prohibited by Act
(1) Information is exempt information if its disclosure is prohibited by 1 of the following provisions—†¢ Aboriginal Cultural Heritage Act 2003 , section 29 (2)†¢ Adoption Act 2009 , section 314†¢ Auditor-General Act 2009 , section 53†¢ Australian Crime Commission (Queensland) Act 2003 , sections 19 and 20 , to the extent they apply to a summons or notice that includes a notation under section 21 of that Act†¢ Child Protection Act 1999 , sections 186 to 188• Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , sections 51C and 70†¢ Financial Intermediaries Act 1996 , section 239• G20 (Safety and Security) Act 2013 , section 85†¢ Maintenance Act 1965 , section 129†¢ Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 , section 102†¢ Mineral and Energy Resources (Financial Provisioning) Act 2018 , section 80 (2) or 82 (2)†¢ Public Health Act 2005 , chapter 8 , part 7A , division 6 and chapter 12 , part 8 , division 1A†¢ Public Interest Disclosure Act 2010 , section 65 (1)†¢ Taxation Administration Act 2001 , part 8 , so far as it applies to personal confidential information under that Act†¢ Torres Strait Islander Cultural Heritage Act 2003 , section 29 (2)†¢ Witness Protection Act 2000 , sections 36 and 38†¢ Youth Justice Act 1992 , section 288 .
(1A) Information is exempt information if its disclosure was prohibited by the repealed Transport (Rail Safety) Act 2010 , part 9 , division 2 , as in force at any time before its repeal.
(2) Information is not exempt information under subsection (1) or (1A) in relation to an access application if it is only personal information of the applicant.
(3) Subject to subsection (2) , information is exempt information if it is contained in a document mentioned in section 112 (1) of the repealed Freedom of Information Act 1992 .