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Right to Information Act 2009 – 1 July 2016

Right to Information Regulation 2009 – 1 July 2016

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An agency must make copies of each of its policy documents available for inspection and purchase by the public. Note: An agency is permitted to delete exempt information or information contrary to public interest from a copy of a policy document. For the definition of ‘agency’, refer to section 14 of the Act. For the definition of ‘policy document’, refer to the Schedule 6 dictionary.

  • Sections 10, 14, 15, 16, 17, 20, Schedules 1, 6

An agency, other than an excluded entity, must publish a scheme setting out: the classes of information that the agency has available; and the terms on which it will make the information available, including any charges.

  • Sections 16, 21, 22

A person who wishes to be given access to a document of an agency or a document of a Minister may apply in the approved form to the agency or Minister for access to the document. For the definitions: ‘document of an agency’ and ‘document of a Minister’, refer to sections 12 and 13 of the Act. An application must give sufficient information concerning the document to enable a responsible officer of the agency or the Minister to identify the document. In addition, the application must state whether access to the document is sought for the benefit of, or use of the document by the applicant; or another entity (who is to be named). Note: An access application may be made for a child by the child’s parent. Further, it is important to note that a processing charge or access charge may be payable in relation to an application pursuant to sections 36 and 54 of this Act. Note: The government is to consider section 44 when deciding an access application. Section 47 is also to be consulted by government; this section contains the grounds on which access may be refused. Schedule 3 sets out the types of information the access of which the Parliament has considered would, on balance, be contrary to the public interest. Schedule 4 contains factors for types of information (other than exempt information) for deciding whether access would, on balance, be contrary to the public interest.

  • Sections 10, 11, 12, 13, 14, 15, 16, 17, 23, 24, 25, 29, 30, 31, 32, 33, 34, 36, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 60, 61, 66, 68, 69, 73, 74, 75, 190, 191, Schedules 1, 2, 3, 4, 6; Regulations 3, 9

An access application is taken only to apply to documents that are, or may be, in existence on the day the application is received.

  • Section 27

An access application for a document is taken not to include an application for access to metadata about the document unless the access application expressly states that it does. ‘Metadata’ is defined to include information about the document’s content, author, publication date and physical location.

  • Section 28

There is to be an Information Commissioner, who is an officer of the Parliament. The information commissioner controls the Office of the Information Commissioner (the ‘OIC’). The functions of the information commissioner include giving information and help to agencies and members of the public on matters relevant to this Act.

  • Sections 10, 123, 124, 125, 127, 128, 129, 130, 131, 132, 147, 148, 149, Schedule 6

The giving of access to a document is not taken for the purposes of the law relating to defamation or breach of confidence to constitute an authorisation or approval of the publication of the document or its contents by the person to whom access is given.

  • Section 170

A document that has been placed in the custody of Queensland State Archives or a public library by a person is available for access to members of the community under this Act, subject to any restrictions or conditions imposed by the person at the time the document was placed in the custody of the Queensland State Archives or public library.

  • Sections 181, 182
Reason for law

To give a right of access to information in the government’s possession or under the government’s control unless, on balance, it is contrary to the public interest to give the access. (Section 3)

Relevant links

Right to Information – formerly Freedom of Information [Queensland Government]
Right to Information [Queensland Government]

Office of the Information Commissioner
Community > Forms
Community > Guidelines
Annotated legislation
Publications
Decisions
Applications made under the wrong Act

Datasets [Queensland Government Data]

Commonwealth Human Rights Initiative

Critique

Schedule 3 contains the term ‘Sovereign’. This term may be replaced with a modern alternative.

Suggested further reading

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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