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RIGHT TO INFORMATION ACT 2009 - As at 1 March 2024 - Act 13 of 2009

- As at 1 March 2024 - Act 13 of 2009

Table of Provisions

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

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

  • 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

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

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

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

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

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

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

PART 2 - TRANSITIONAL PROVISIONS FOR ACT NO. 13 OF 2009

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

PART 7 - TRANSITIONAL PROVISION FOR BIODISCOVERY AND OTHER LEGISLATION AMENDMENT ACT 2020

CHAPTER 8 - TRANSITIONAL PROVISIONS FOR MEMBERS OF QR GROUP

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