Freedom of Information Act 1992 (Qld)
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Queensland Freedom of Information Act 1992 Reprinted as in force on 28 May 2009 Reprint No. 11B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This Act is reprinted as at 28 May 2009. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.
Queensland Freedom of Information Act 1992 Contents Part 1 Division 1 1 2 3 Division 2 4 6 Division 3 7 8 9 9A Division 4 10 11 11A 11B 11C 11CA 11D 11E 12 13 Division 5 14 Page Preliminary Introductory Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Deferred application to local governments . . . . . . . . . . . . . . . . . . 9 Object of Act and matters relevant to its administration and interpretation Object of Act and its achievement . . . . . . . . . . . . . . . . . . . . . . . . 10 Matter relating to personal affairs of applicant . . . . . . . . . . . . . . . 11 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Meaning of agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Meaning of public authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Operation and application of Act Act applies to document whenever it came into existence . . . . . . 18 Act not to apply to certain bodies etc. . . . . . . . . . . . . . . . . . . . . . 18 Application of Act to GOCs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Application of Act to corporatised corporations . . . . . . . . . . . . . . 23 Application of Act to coronial documents . . . . . . . . . . . . . . . . . . . 23 Application of Act to particular documents under the AmbulanceService Act 1991 or the Health Services Act 1991 . . . . . . . . . . . 23 Application of Act to other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Application of Act to offenders or agents . . . . . . . . . . . . . . . . . . . 24 Application of Act to Information Commissioner. . . . . . . . . . . . . . 25 Act binds Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Relationship with other laws Act not intended to prevent other publication of information etc. . 25
2 Freedom of Information Act 1992 15 16 17 Part 2 18 19 20 Part 3 Division 1 21 22 23 24 25 25A 26 27 27A 27B 28 28A 29 29A 29B 30 31 31A 32 33 34 35 Division 1A 35A Relationship with other enactments requiring publication of information etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Operation of provisions of other enactments providing for non-disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Operation of Public Records Act 2002 . . . . . . . . . . . . . . . . . . . . . Publication of certain documents and information Publication of information concerning affairs of agencies . . . . . . Availability of certain documents . . . . . . . . . . . . . . . . . . . . . . . . . Notices to require specification of documents in statements . . . . Access to documents Access Right of access. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Documents to which access may be refused . . . . . . . . . . . . . . . . Non-official documents in Queensland State Archives etc. . . . . . Official documents in Queensland State Archives . . . . . . . . . . . . How applications for access are made. . . . . . . . . . . . . . . . . . . . . Initial duties of agency or Minister in relation to application . . . . . Transfer of applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How applications are dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . Calculation of appropriate period for s 27 . . . . . . . . . . . . . . . . . . Extended processing period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refusal of access—matter or document exempt . . . . . . . . . . . . . Refusal of access—document nonexistent or unlocatable. . . . . . Refusal to deal with application—agency’s or Minister’s functions ...................................... What an agency or Minister must do before refusing to deal with application under s 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refusal to deal with application—previous application for same documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms of access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access may be deferred in certain cases. . . . . . . . . . . . . . . . . . . Time limit for access. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deletion of exempt matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Persons who are to make decisions for agencies and Ministers . Notification of decisions and reasons. . . . . . . . . . . . . . . . . . . . . . Information as to existence of certain documents . . . . . . . . . . . . Fees and charges Meaning of financial hardship. . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 26 26 27 29 29 30 30 31 31 32 33 35 36 38 39 40 40 41 43 44 46 47 48 48 49 50 51 52
3 Freedom of Information Act 1992 35B 35C 35D 35E Division 2 36 37 38 39 40 41 42 42AA 42A 43 44 45 46 47 47A 48 49 50 Division 2A 50A Division 3 51 Division 4 52 52A Fees and charges for access to documents not concerning personal affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Waiver of fees and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Process for assessment of charges . . . . . . . . . . . . . . . . . . . . . . . Refund of excess payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exempt matter Cabinet matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Executive Council matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matter affecting relations with other governments . . . . . . . . . . . . Matter relating to investigations by ombudsman, reviews by Service Delivery and Performance Commission or audits by auditor-general etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matter concerning certain operations of agencies . . . . . . . . . . . . Matter relating to deliberative processes . . . . . . . . . . . . . . . . . . . Matter relating to law enforcement or public safety . . . . . . . . . . . Matter created for ensuring security or good order of corrective services facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matter relating to national or State security . . . . . . . . . . . . . . . . . Matter affecting legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . Matter affecting personal affairs . . . . . . . . . . . . . . . . . . . . . . . . . . Matter relating to trade secrets, business affairs and research . . Matter communicated in confidence. . . . . . . . . . . . . . . . . . . . . . . Matter affecting the economy of State . . . . . . . . . . . . . . . . . . . . . Matter relating to investment incentive scheme . . . . . . . . . . . . . . Matter to which secrecy provisions of enactments apply . . . . . . . Matter affecting financial or property interests . . . . . . . . . . . . . . . Matter disclosure of which would be contempt of Parliament or contempt of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Children Applications on behalf of children and matters affecting personal affairs of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consultation Disclosure that may reasonably be expected to be of substantial concern . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internal review Internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Who is aggrieved by a decision for s 52 . . . . . . . . . . . . . . . . . . . . 52 53 53 53 54 55 56 57 57 58 59 62 62 63 63 65 66 66 67 68 69 69 69 71 73 75
Part 4 Division 1 53 54 54A 54B 54C 54D 54E 55 56 57 57A 58 59 Division 2 60 Part 5 Division 1 72 73 73A 74 75 76 77 78 79 80 81 82 83 84 4 Freedom of Information Act 1992 Amendment of information Application for amendment of information Person may apply for amendment of information . . . . . . . . . . . . . Form of application for amendment of information . . . . . . . . . . . . Transfer of applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refusal to deal with application—agency’s or Minister’s functions ...................................... What an agency or Minister must do before refusing to deal with application under s 54B . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refusal to deal with application—previous application for same amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Discretion to amend information. . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of information by alteration or notation. . . . . . . . . . . Notation to information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Time within which agency or Minister must notify applicant . . . . . Extended processing period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision to be made by authorised person and reasons given . . Particular notations required to be added . . . . . . . . . . . . . . . . . . Internal review Internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . External review of decisions Conduct of review Procedure on review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agency or Minister to be informed of application for review of deemed decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agency or Minister to be informed before review of decision . . . . Preliminary inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection by commissioner of documents from agency or Minister ........................................ Commissioner may decide not to review . . . . . . . . . . . . . . . . . . . Participants in review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications where decisions delayed . . . . . . . . . . . . . . . . . . . . . Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Onus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to provide better reasons . . . . . . . . . . . . . . . . . . . . Conduct of reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of Minister’s certificates . . . . . . . . . . . . . . . . . . . . . . . . . . 76 77 77 79 79 81 82 83 83 83 84 85 85 87 89 89 90 90 90 90 92 92 93 93 93 94 94 95
85 86 86A 87 87A 88 89 89A Division 2 90 91 92 93 94 95 96 96A 96B 97 98 99 99A 100 101 Part 5A Division 1 101A 101B 101C 101D 101E 101F Division 2 101G 101H 101I 5 Freedom of Information Act 1992 Power to obtain information and documents and compel attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to examine witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . Commissioner to ensure non-disclosure of particular matter . . . . Exception for successful challenge of s 35 notice . . . . . . . . . . . . Powers of commissioner on review . . . . . . . . . . . . . . . . . . . . . . . Decisions of commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Correction of mistakes in decisions . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection of commissioner etc. from personal liability . . . . . . . . Restrictions under other laws not applicable . . . . . . . . . . . . . . . . Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to produce documents or attend proceedings . . . . . . . . . Costs of review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vexatious applicants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration may be varied or revoked . . . . . . . . . . . . . . . . . . . . . Reference of questions of law to Supreme Court. . . . . . . . . . . . . Costs in proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commissioner may appear in proceedings . . . . . . . . . . . . . . . . . Third party proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Intervention by Attorney-General . . . . . . . . . . . . . . . . . . . . . . . . . Reports of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Office of the Information Commissioner General The Information Commissioner and office . . . . . . . . . . . . . . . . . . Office is a statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Control of the office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commissioner not subject to direction . . . . . . . . . . . . . . . . . . . . . Budget and performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information Commissioner Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure before appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 97 97 98 98 99 100 100 101 101 101 101 102 102 102 103 104 104 104 104 104 105 105 106 107 107 109 109 109 110 110 110
101J 101K 101L 101M 101N 101O 101P Division 3 101Q 101R 101S 101T 101U Division 4 101V 101W Part 6 102 103 104 105 106 107 108 108A 108AA 108AB108C 109 Part 7 Division 2 111 Division 3 112 6 Freedom of Information Act 1992 Remuneration and conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preservation of rights if public service officer appointed . . . . . . . Oath before performing duties . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on outside employment . . . . . . . . . . . . . . . . . . . . . . . Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acting commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commissioner may be removed or suspended from office Grounds for removal or suspension from office . . . . . . . . . . . . . . Removal of commissioner on address . . . . . . . . . . . . . . . . . . . . . Suspension of commissioner on address. . . . . . . . . . . . . . . . . . . Suspension of commissioner if Assembly not sitting . . . . . . . . . . ActsInterpretationAct1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Staff of the office Staff employed under PublicServiceAct1996 . . . . . . . . . . . . . . Staff subject only to direction of commissioner . . . . . . . . . . . . . . Miscellaneous Protection against actions for defamation or breach of confidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection in respect of offences . . . . . . . . . . . . . . . . . . . . . . . . . Protection of agency etc. from personal liability . . . . . . . . . . . . . . Precautions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offence of unlawful access. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of OmbudsmanAct . . . . . . . . . . . . . . . . . . . . . . . . . . Report to Legislative Assembly by agencies and Ministers . . . . . Strategic review of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of strategic review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Report of strategic review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of parliamentary committee . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Provision for Terrorism(CommunitySafety)AmendmentAct 2004 Matter relating to national or State security . . . . . . . . . . . . . . . . . Provision for Transport Infrastructure Amendment Act 2004 Application for access to particular documents . . . . . . . . . . . . . . 110 111 111 111 112 112 112 113 113 114 114 115 115 116 116 117 117 117 118 118 118 120 121 121 122 123 123 124
7 Freedom of Information Act 1992 Division 4 113 114 115 116 117 118 119 120 121 122 Division 5 123 Division 6 124 125 Schedule 1 Schedule 2 Schedule 3 Schedule 4 Part 1 1 2 Part 2 3 4 5 6 7 Part 3 8 9 Provisions for Freedom of Information and OtherLegislation Amendment Act 2005 Definition for div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of amendments to existing applications . . . . . . . . . . . Application of particular amendments to reviews etc. . . . . . . . . . Charges for existing applications for access . . . . . . . . . . . . . . . . Continuation of appointment as commissioner . . . . . . . . . . . . . . Continuation of current staff member’s employment under Public Service Act 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Report to Legislative Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . Reports of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of regulation by Freedom of Information and OtherLegislationAmendmentAct2005 does not affect powers of Governor in Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Re-enactment of regulation-making power does not affect validity of FreedomofInformationRegulation1992 . . . . . . . . . . . Provision for StateDevelopmentandPublicWorksOrganisation and Other Legislation Amendment Act 2005 Application of amendment of definition department . . . . . . . . . . . Provisions for JudicialRemunerationAct2007, part 5, division 4 Notification requirement after deemed decision . . . . . . . . . . . . . . Considered decision or review after deemed decision . . . . . . . . . Secrecy provisions giving exemption . . . . . . . . . . . . . . . . . . . Application of Act to GOCs . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of Act to other Acts . . . . . . . . . . . . . . . . . . . . . . . Process for assessment of charges . . . . . . . . . . . . . . . . . . . . Preliminary assessment process Preliminary assessment of charges . . . . . . . . . . . . . . . . . . . . . . . Deemed withdrawal of application . . . . . . . . . . . . . . . . . . . . . . . . Objection process Objection notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . New preliminary assessment notice. . . . . . . . . . . . . . . . . . . . . . . Notice that charges waived . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of other decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deemed decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial hardship process Concession card given and accepted. . . . . . . . . . . . . . . . . . . . . . Concession card given but not accepted . . . . . . . . . . . . . . . . . . . 125 125 125 126 127 127 128 129 129 129 129 130 131 133 134 135 136 136 136 137 138 138 139 139 139 140
8 Freedom of Information Act 1992 10 Part 4 11 Financial hardship claim by non-profit organisation . . . . . . . . . . . Final assessment process Final assessment notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 141 Endnotes 1 2 3 4 5 6 7 8 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preambles from amending legislation . . . . . . . . . . . . . . . . . . . . . . . . 143 143 144 144 146 146 153 164
s1 9 s3 Freedom of Information Act 1992 Freedom of Information Act 1992 [as amended by all amendments that commenced on or before 28 May 2009] An Act to require information concerning documents held by government to be made available to members of the community, to enable members of the community to obtain access to documents held by government and to enable members of the community to ensure that documents held by the government concerning their personal affairs are accurate, complete, up-to-date and not misleading, and for related purposes Part 1 Preliminary Division 1 Introductory 1 Short title This Act may be cited as the Freedom of Information Act 1992 . 2 Commencement Parts 3 to 6 commence 3 months after the date of assent. 3 Deferred application to local governments (1) Part 2 does not apply to local governments until 6 months after the date of assent. (2) Despite section 2, parts 3 to 6 do not apply to local governments until 9 months after the date of assent.
s 4 10 s 4 Freedom of Information Act 1992 Division 2 Object of Act and matters relevant to its administration and interpretation 4 Object of Act and its achievement (1) The object of this Act is to extend as far as possible the right of the community to have access to information held by Queensland government. (2) Parliament recognises that, in a free and democratic society— (a) the public interest is served by promoting open discussion of public affairs and enhancing government’s accountability; and (b) the community should be kept informed of government’s operations, including, in particular, the rules and practices followed by government in its dealings with members of the community; and (c) members of the community should have access to information held by government in relation to their personal affairs and should be given a way to ensure the information is accurate, complete, up-to-date and not misleading. (3) Parliament also recognises there are competing interests in that the disclosure of particular information could be contrary to the public interest because its disclosure in some instances would have a prejudicial effect on— (a) essential public interests; or (b) the private or business affairs of members of the community about whom information is collected and held by government. (4) This Act is intended to strike a balance between those competing interests. (5) The object of this Act is achieved by— (a) giving members of the community a right of access to information held by government to the greatest extent possible with limited exceptions for the purpose of
s 6 11 s 7 Freedom of Information Act 1992 preventing a prejudicial effect on the public interest of a kind mentioned in subsection (3); and (b) requiring particular information and documents concerning government operations to be made available to the public; and (c) giving members of the community a right to bring about the amendment of documents held by government containing information in relation to their personal affairs to ensure the information is accurate, complete, up-to-date and not misleading. (6) It is Parliament’s intention that this Act be interpreted to further the object stated in subsection (1) in the context of the matters stated in subsections (2) to (5). 6 Matter relating to personal affairs of applicant If an application for access to a document is made under this Act, the fact that the document contains matter relating to the personal affairs of the applicant is an element to be taken into account in deciding— (a) whether it is in the public interest to grant access to the applicant; and (b) the effect that the disclosure of the matter might have. Division 3 Interpretation 7 Definitions In this Act— access charge , in relation to an application for access to a document, means the charge prescribed under a regulation in relation to the provision of access to the document. agency has the meaning given by section 8. agent , in relation to an application, means a person who makes the application on behalf of another person. applicant , in relation to an application, means—
s 7 12 s 7 Freedom of Information Act 1992 (a) if the application is made on behalf of a person—the person; or (b) otherwise—the person making the application. application fee , in relation to an application for access to a document, means the application fee prescribed under a regulation. backup system means a system that has, for disaster recovery purposes, copied electronic data onto a separate data storage medium, for example, onto a backup tape. charge does not include an application fee. commissioner means the Information Commissioner. competitive commercial activity means an activity carried on, on a commercial basis, in competition with a person, other than— (a) the Commonwealth or a State or Territory; or (b) a State authority; or (c) a local government authority. concession card means a health care card or pensioner concession card under the Social Security Act 1991 (Cwlth) or a pensioner concession card issued by the department of the Commonwealth in which the Veterans’ Entitlements Act 1986 (Cwlth) is administered. coroner means the State Coroner or another coroner under the Coroners Act 2003 . corporatised corporation has the meaning given by the LocalGovernment Act 1993 , chapter 8, part 7. court includes a justice and a coroner. document includes— (a) a copy of a document; and (b) a part of, or extract from, a document; and (c) a copy of a part of, or extract from, a document. Note — Under the ActsInterpretationAct1954 , section 36, document includes—
s 7 13 s 7 Freedom of Information Act 1992 (a) any paper or other material on which there is writing; and (b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; and (c) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being produced or reproduced (with or without the aid of another article or device). document of an agency or document of the agency means a document in the possession or under the control of an agency, or the agency concerned, whether created or received in the agency, and includes— (a) a document to which the agency is entitled to access; and (b) a document in the possession or under the control of an officer of the agency in the officer’s official capacity. enactment means an Act or a statutory instrument. exempt document means a document that contains exempt matter, but to which access cannot be given under section 32. exempt matter means matter that is exempt under part 3, division 2. final assessment notice see schedule 4, section 11(1). financial hardship see section 35A. function includes a power. government includes an agency and a Minister. holder , of a concession card, at a time the concession card is being relied on for a purpose under this Act, means an individual who is named on the concession card and would be qualified to be named on the concession card if the concession card were issued at the time the concession card is being relied on. holds , in relation to an office, includes performs the duties of the office. objection notice see schedule 4, section 3(2). office means the Office of the Information Commissioner. officer , in relation to an agency, includes—
s 7 14 s 7 Freedom of Information Act 1992 (a) the agency’s principal officer; and (b) a member of the agency; and (c) a member of the agency’s staff; and (d) a person employed by or for the agency. official document of a Minister or official document of the Minister means a document, other than a document of an agency, in the possession or under the control of a Minister, or the Minister concerned, that relates to the affairs of an agency, and includes— (a) a document to which the Minister is entitled to access; and (b) a document in the possession or under the control of a member of the staff of, or a consultant to, the Minister in the person’s capacity as such a member or consultant. original charge , in relation to an application for access to a document, means an agency’s or Minister’s preliminary assessment of the total amount of the processing charge and access charge payable by the applicant. original deposit , in relation to an application for access to a document, means, if the agency or Minister concerned considers it appropriate that an applicant pay a deposit on account of the original charge, a deposit of the amount provided for under a regulation. parliamentary committee means the Law, Justice and Safety Committee of the Legislative Assembly. policy document , in relation to an agency, means— (a) a document containing interpretations, rules, guidelines, statements of policy, practices or precedents; or (b) a document containing particulars of an administrative scheme; or (c) a document containing a statement of the way, or intended way, of administration of an enactment or administrative scheme; or (d) a document describing the procedures to be followed in investigating a contravention or possible contravention of an enactment or administrative scheme; or
s 7 15 s 7 Freedom of Information Act 1992 (e) another document of a similar kind; that is used by the agency in connection with the performance of such of its functions as affect or are likely to affect rights, privileges or other benefits, or obligations, penalties or other detriments, to which members of the community are or may become entitled, eligible, liable or subject, but does not include an enactment that has already been published. preliminary assessment notice , see schedule 4, section 1(2). principal officer means— (a) in relation to a department—the chief executive of the department; or (b) in relation to a local government—the chief executive officer (however described) of the government; or (c) in relation to a public authority for which a regulation declares an office to be the principal office—the holder of the office; or (d) in relation to another public authority— (i) if it is an incorporated body that has no members—the person who manages the body’s affairs; or (ii) if it is a body (whether or not incorporated) that is constituted by 1 person—the person; or (iii) if it is a body (whether or not incorporated) that is constituted by 2 or more persons—the person who is entitled to preside at a meeting of the body at which the person is present. processing charge , in relation to an application for access to a document, means the charge prescribed under a regulation for searching for or retrieving the document, or making, or doing things related to making, a decision on the application. public authority has the meaning given by section 9. public library includes— (a) the State library; and (b) a local government library; and
s 8 16 s 8 Freedom of Information Act 1992 (c) a library in the State that forms part of a public tertiary educational institution. responsible Minister means— (a) in relation to a department—the Minister administering the department; or (b) in relation to the town commission constituted under the AlcanQueenslandPty.LimitedAgreementAct1965 —the Minister administering that Act; or (c) in relation to a council constituted under the LocalGovernment (Aboriginal Lands) Act 1978 —the Minister administering that Act; or (d) in relation to another local government—the Minister administering the Local Government Act 1993 ; or (e) in relation to a public authority mentioned in paragraph (a) of the definition of public authority —the Minister administering the Act by or under which the public authority is established; or (f) in relation to a public authority mentioned in paragraph (d) of that definition—the Minister administering the Act by which the office is established; or (g) in relation to any other public authority—the Minister declared by regulation to be the responsible Minister in relation to the public authority. 8 Meaning of agency (1) In this Act— agency means a department, local government or public authority. (2) For this Act— (a) a board, council, committee, subcommittee or other body established by government to help, or to perform functions connected with, an agency is not a separate agency, but is taken to be comprised within the agency; and
s 9 17 s 9 Freedom of Information Act 1992 (b) a reference to an agency includes a reference to a body that is taken to be comprised within the agency. 9 Meaning of public authority (1) In this Act— public authority means— (a) a body (whether or not incorporated) that— (i) is established for a public purpose by an enactment; or (ii) is established by government under an enactment for a public purpose, whether or not the public purpose is stated in the enactment; or (b) a body (whether or not incorporated) that is created by the Governor in Council or a Minister; or (c) another body (whether or not incorporated)— (i) that is— (A) supported directly or indirectly by government funds or other assistance or over which government is in a position to exercise control; or (B) a body established by or under an enactment; and (ii) that is declared by regulation to be a public authority for the purposes of this Act; or (d) subject to subsection (2), a person holding an office established by or under an enactment; or (e) a person holding an appointment— (i) made by the Governor in Council or Minister otherwise than by or under an enactment; and (ii) that is declared by regulation to be an appointment the holder of which is a public authority for the purposes of this Act. (2) A person is not a public authority merely because the person holds—
s 9A 18 Freedom of Information Act 1992 s 11 (a) an office the duties of which are performed as duties of employment as an agency’s officer; or (b) an office of member of a body; or (c) an office established by or under an enactment for the purposes of an agency. 9A Notes in text A note in the text of this Act is part of the Act. Division 4 Operation and application of Act 10 Act applies to document whenever it came into existence A person is entitled to apply under this Act for access to a document regardless of when the document came into existence. 11 Act not to apply to certain bodies etc. (1) This Act does not apply to— (a) the Governor; or (b) the Legislative Assembly, a member of the Legislative Assembly, a committee of the Legislative Assembly, a member of a committee of the Legislative Assembly, a parliamentary commission of inquiry or a member of a parliamentary commission of inquiry; or (c) the Parliamentary Judges Commission of Inquiry appointed under the Parliamentary(Judges)Commission of Inquiry Act 1988 ; or (d) the Parliamentary Service established by the Parliamentary Service Act 1988 ; or (e) a court, or the holder of a judicial office or other office connected with a court, in relation to the court’s judicial functions; or (f) a registry or other office of a court, or the staff of a registry or other office of a court in their official
s 11 19 s 11 Freedom of Information Act 1992 capacity, so far as its or their functions relate to the court’s judicial functions; or (fa) a tribunal, a tribunal member or the holder of an office connected with a tribunal, in relation to the tribunal’s judicial or quasi-judicial functions; or (fb) a registry of a tribunal, or the staff of a registry of a tribunal in their official capacity, so far as its or their functions relate to the tribunal’s judicial or quasi-judicial functions; or (h) the Fitzgerald commission of inquiry, that is, the commission of inquiry that is the Commission within the meaning of the Commission of Inquiry Continuation Act1989 ; or (i) another commission of inquiry issued by the Governor in Council; or (j) an agency in relation to a document that has originated with, or has been received from, the Australian Secret Intelligence Service, the Australian Security Intelligence Organisation, the Inspector-General of Intelligence and Security or the Office of National Assessments, or the Defence Signals Directorate or the Defence Intelligence Organisation of the Commonwealth Department of Defence; or (m) Queensland Treasury Corporation in relation to its borrowing, liability and asset management related functions; or (n) Queensland Treasury Holdings Pty Ltd ACN 011 027 295, its wholly owned subsidiaries, and the entities controlled by the subsidiaries, in relation to their competitive commercial activities; or (o) the adult guardian in relation to an investigation or audit; or (p) the Health Rights Commissioner, or a person appointed as a conciliator under HealthRightsCommissionAct
s 11 20 s 11 Freedom of Information Act 1992 1991 , section 75, in relation to the conciliation of health service complaints under part 6 of that Act; or (pa) the Health Quality and Complaints Commission in relation to the conciliation of health service complaints under— (i) the Health Rights Commission Act 1991 , part 6; or (ii) the HealthQualityandComplaintsCommissionAct 2006 , chapter 6; or (q) a committee declared to be an approved quality assurance committee under the HealthServicesAct1991 , section 31(1); or (r) Queensland Events Corporation Pty Ltd ACN 010 814 310, its wholly owned subsidiaries, and the entities controlled by the subsidiaries, in relation to their competitive commercial activities; or (s) Gold Coast Events Co Pty Ltd ACN 010 949 649, its wholly owned subsidiaries, and the entities controlled by the subsidiaries, in relation to their competitive commercial activities; or (t) Gold Coast Motor Events Co in relation to its competitive commercial activities; or (u) the chief executive officer of a local government in relation to keeping a register of interests under the LocalGovernment Act 1993 , sections 247(1)(b) and 1139(2); or (v) the mayor of a local government in relation to keeping a register of interests under the LocalGovernmentAct1993 , section 1139(1); or (w) a parents and citizens association under the Education(General Provisions) Act 2006 ; or (x) a grammar school to which the GrammarSchoolsAct1975 applies; or (y) education agencies in relation to the following information— (i) information contained in a certificate of achievement or statement of results;
s 11 21 s 11 Freedom of Information Act 1992 (ii) individual or systemic information about the performance of students in a test developed or revised under the repealed Education(SchoolCurriculumP-10)Act1996 , section 13 or the Education(QueenslandStudiesAuthority)Act2002 , section 19; (iii) individual or systemic information about the performance of students in a core skills test prepared under the repealed Education(SeniorSecondarySchoolStudies)Act1988 , section 6(1)(g); (iv) individual or systemic student information in relation to a year 2 diagnostic net assessment; (v) individual or systemic student information in relation to another type of assessment prescribed under the Education(QueenslandStudiesAuthority) Act 2002 , section 11(2); (vi) information in relation to the ranking of a person for tertiary entrance under the repealed Education(Tertiary Entrance Procedures Authority) Act 1990 or the Education(QueenslandStudiesAuthority)Act 2002 ; (vii) assessment data as defined under the Education(Queensland Studies Authority) Act 2002 ; (viii) aggregated information as defined under the Education(QueenslandStudiesAuthority)Act2002 , section 21B. (2) In subsection (1), a reference to an entity in relation to a particular function or activity means that this Act does not apply to the entity in relation to documents received, or brought into existence, by it in performing the function or carrying on the activity. (3) In this section, a reference to a repealed Act includes a reference to the repealed Act as originally enacted and as in force from time to time. (4) In this section— certificate of achievement means—
s 11A 22 Freedom of Information Act 1992 s 11A (a) a certificate issued under the repealed Education (SeniorSecondary School Studies) Act 1988 recording details of a person’s achievement in the study of an area of learning; or (b) a certificate of achievement issued under the Education(Queensland Studies Authority) Act 2002 . control has the meaning given by the Corporations Act. education agencies means— (a) the Queensland Studies Authority; and (b) the department in which the Education(QueenslandStudies Authority) Act 2002 is administered; and (c) the department in which the Education(GeneralProvisions) Act 2006 is administered. statement of results means a statement of results issued under the Education (Queensland Studies Authority) Act 2002 . tribunal means— (a) the Anti-Discrimination Tribunal; or (b) the Children Services Tribunal; or (c) the Commercial and Consumer Tribunal; or (d) the Guardianship and Administration Tribunal; or (e) the Land and Resources Tribunal; or (f) the Land Tribunal; or (g) the Mental Health Review Tribunal. wholly owned subsidiary has the meaning given by the Corporations Act. year 2 diagnostic net assessment means the process for the assessment of the literacy and numeracy development of students in the years of schooling up to and including the year 3 year of schooling. 11A Application of Act to GOCs This Act does not apply to documents received, or brought into existence, in carrying out activities of a GOC mentioned
s 11B 23 Freedom of Information Act 1992 s 11CA in schedule 2 to the extent provided under the application provision mentioned for the GOC in the schedule. 11B Application of Act to corporatised corporations This Act does not apply to documents received, or brought into existence, in carrying out a corporatised corporation’s activities to the extent provided under the Local GovernmentAct 1993 , section 1205. 11C Application of Act to coronial documents (1) This section applies to a document of an agency that is a coronial document under the Coroners Act 2003 . (2) This Act applies to a coronial document obtained by the agency under the Coroners Act 2003 , section 25 or 54(4). (3) This Act does not apply to another coronial document if a coroner is investigating the death to which the document relates. 11CA Application of Act to particular documents under the Ambulance Service Act 1991 or the Health Services Act1991 (1) This Act does not apply to any of the following documents— (a) a document prepared by an RCA team under the relevant provision; (b) a document prepared by a commissioning authority under the relevant provision; (c) a document prepared by a relevant person for an RCA team or commissioning authority under the relevant provision; (d) a document given by a person to an RCA team that was prepared by the person solely for the RCA team’s conduct of an RCA of a reportable event under the relevant provision. (2) In this section—
s 11D 24 Freedom of Information Act 1992 s 11E relevant provision means the AmbulanceServiceAct1991 , part 4A or the Health Services Act 1991 , part 4B. 11D Application of Act to other Acts (1) Schedule 3 lists provisions of other Acts that exclude or limit the operation of this Act. (2) Schedule 3 is included for information purposes. 11E Application of Act to offenders or agents (1) An offender, or an offender’s agent, is not entitled to obtain access to a risk assessment document received, or brought into existence, by— (a) the department in which the CorrectiveServicesAct2006 is administered; or (b) a parole board as defined under that Act. (2) In this section— offender means an offender as defined under the CorrectiveServices Act 2006 — (a) who is serving a term of imprisonment for a prescribed offence, or serving a period of imprisonment that includes a term of imprisonment for a prescribed offence, whether the person was sentenced to the term or period of imprisonment before or after the commencement of this section; or (b) who is a detained dangerous prisoner (sexual offender), or a supervised dangerous prisoner (sexual offender), as defined under the Corrective Services Act 2006 . Note — Under the Corrective Services Act 2006 , schedule 4, offender means— (a) a prisoner; or (b) a person who is subject to— (i) a community based order; or (ii) a conditional release order.
s 12 25 s 14 Freedom of Information Act 1992 period of imprisonment see the Penalties and Sentences Act1992 , section 4. prescribed offence means— (a) an offence against a provision mentioned in the Penalties and Sentences Act 1992 , schedule; or Note — See the Penalties and Sentences Act 1992 , section 208(2). (b) an offence against the Criminal Code, section 302; or (c) an offence against the Criminal Code, section 359E. risk assessment document means a document, or that part of a document, that assesses or is used for the assessment of— (a) the risk an offender may pose to the community; or (b) a risk to the security or good order of a corrective services facility as defined under the Corrective ServicesAct 2006 . Example for paragraph (a)— a document prepared to help the chief executive make a decision under the Corrective Services Act 2006 , section 12(2), 66 or 98 term of imprisonment see the PenaltiesandSentencesAct1992 , section 4. 12 Application of Act to Information Commissioner Section 20 and parts 3 and 4 do not apply to the commissioner or documents of the commissioner. 13 Act binds Crown This Act binds the Crown. Division 5 Relationship with other laws 14 Act not intended to prevent other publication of information etc. This Act is not intended to prevent or discourage—
s 15 26 s 17 Freedom of Information Act 1992 (a) the publication of information; or (b) the giving of access to documents (including documents containing exempt matter and exempt documents); or (c) the amendment of documents relating to the personal affairs of persons; otherwise than under this Act if that can properly be done or is permitted or required to be done by law. 15 Relationship with other enactments requiring publication of information etc. Without limiting section 14, this Act does not affect the operation of another enactment that— (a) requires information concerning documents held by government to be made available to members of the community; or (b) enables a member of the community to obtain access to documents held by government; or (c) enables a member of the community to ensure that documents held by government concerning the person’s personal affairs are accurate, complete, up-to-date and not misleading; or (d) requires the publication of information concerning government operations. 16 Operation of provisions of other enactments providing for non-disclosure (1) This Act is intended to operate to the exclusion of the provisions of other enactments relating to non-disclosure of information. (2) Subsection (1) has effect subject to section 48 (Matter to which secrecy provisions of enactments apply). 17 Operation of Public Records Act 2002 (1) Without limiting section 14, this Act does not affect the provisions of the PublicRecordsAct2002 relating to the
s 18 27 s 18 Freedom of Information Act 1992 giving of access to documents by the Queensland State Archives. (2) Without limiting section 16, the Public Records Act 2002 does not prevent a person obtaining access to a document in the custody of Queensland State Archives to which a person may obtain access under this Act. Part 2 Publication of certain documents and information 18 Publication of information concerning affairs of agencies (1) An agency must, within 1 year after the commencement of this section and at subsequent intervals of not more than 1 year, publish an up-to-date statement of the affairs of the agency. (2) The statement must contain— (a) a description of the agency’s structure and functions; and (b) a description of the ways in which the agency’s functions (including, in particular, its decision-making functions) affect members of the community; and (c) a description of any arrangements that exist to enable members of the community to participate in the formulation of the agency’s policy and the exercise of the agency’s functions; and (d) a description of the various kinds of documents that are usually held by the agency, including— (i) the kinds of documents that are available for inspection at the agency (whether or not as part of a public register) under an enactment other than this Act, whether or not inspection of any such document is subject to a fee or charge; and (ii) the kinds of documents that are available for purchase from the agency; and
s 18 28 s 18 Freedom of Information Act 1992 (iii) the kinds of documents that are available from the agency free of charge; and (e) a description of the literature available from the agency by way of subscription services or free mailing lists; and (f) a list of all boards, councils, committees and other bodies constituted by 2 or more persons that— (i) are a part of, or that have been established for the purpose of advising, the agency; and (ii) whose meetings are open to the public or the minutes of whose meetings are available for public inspection; and (g) a description of the arrangements that exist to enable a member of the community to obtain access to the agency’s documents and to seek amendment of the agency’s documents concerning the person’s personal affairs; and (h) a description of the agency’s procedures in relation to the giving of access to the agency’s documents and to the amendment of the agency’s documents concerning the personal affairs of a member of the community, including— (i) the designation of officers to whom inquiries should be made; and (ii) the addresses at which applications under this Act should be lodged; and (i) particulars of any reading room or other facility provided by the agency for use by applicants or members of the community, and the publications, documents or other information regularly on display in the reading room or other facility. (3) The statement must be published in a way approved by the Minister. (4) Nothing in this section requires the publication of exempt matter.
s 19 29 s 20 Freedom of Information Act 1992 19 Availability of certain documents (1) An agency must make copies of— (a) its most recent statement of affairs; and (b) each of its policy documents; available for inspection and purchase by members of the community. (2) Nothing in this section prevents an agency from deleting exempt matter from a copy of a policy document. (3) A person must not be subjected to any prejudice because of the application of the provisions of an agency’s policy document (other than provisions the agency is permitted to delete from the copies of the document) to any act or omission of the person if, at the time of the act or omission— (a) the policy document was not available for inspection and purchase; and (b) the person was not aware of the provisions; and (c) the person could lawfully have avoided the prejudice had the person been aware of the provisions. (4) During the first year of the application of this section to an agency— (a) the agency is required to comply with subsection (1) only to the extent that is reasonably practicable; and (b) subsection (3) does not have effect. 20 Notices to require specification of documents in statements (1) A person may serve on an agency’s principal officer a written notice stating that, in the person’s opinion— (a) the agency has failed to publish a statement of affairs as required by this part; or (b) a statement of affairs published by the agency under this part does not comply with the part. (2) The principal officer must within 21 days of receiving the notice—
s 21 30 s 22 Freedom of Information Act 1992 (a) decide whether or not the person’s opinion is correct and, if so, whether to— (i) publish a statement of affairs, or further statement of affairs, as required by this part; or (ii) ensure that the next statement of affairs published under this part complies with the part; and (b) notify the person, in writing, of the decision. (3) If the principal officer decides that the person’s opinion is incorrect, the notice is to— (a) give the reasons for the decision; and (b) inform the person of— (i) the person’s right to apply to the commissioner for a review of the decision under part 5; and (ii) the time within which the application for review must be made. (4) If the principal officer fails to notify the person under subsection (2)(b), the principal officer is taken to have decided the person’s opinion is incorrect. Part 3 Access to documents Division 1 Access 21 Right of access Subject to this Act, a person has a legally enforceable right to be given access under this Act to— (a) documents of an agency; and (b) official documents of a Minister. 22 Documents to which access may be refused An agency or Minister may refuse access under this Act to—
s 23 31 s 24 Freedom of Information Act 1992 (a) a document the applicant can reasonably get access to under another enactment, or under arrangements made by an agency, whether or not the access is subject to a fee or charge; or (b) a document that is reasonably available for public inspection under the PublicRecordsAct2002 or in a public library; or (c) a document that— (i) is stored for preservation or safe custody in the Queensland State Archives; and (ii) is a copy of a document of an agency. 23 Non-official documents in Queensland State Archives etc. (1) A document that— (a) has been placed in the custody of Queensland State Archives or a public library by a person; and (b) was not, immediately before being placed in that custody, a document of an agency or an official document of a Minister; 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. (2) Subsection (1) applies to a document that was placed in the custody of the Queensland State Archives or a public library by a person before the commencement of this part and, for the purposes of that application, any restrictions or conditions imposed by the person within 1 year after that commencement are taken to have been imposed by the person at the time mentioned in that subsection. 24 Official documents in Queensland State Archives (1) For the purposes of this Act, a document that—
s 25 32 s 25 Freedom of Information Act 1992 (a) has been placed in the custody of the Queensland State Archives by an agency (whether before or after the commencement of this part); and (b) is not reasonably available for inspection under the Public Records Act 2002 ; is taken to be in the agency’s possession, or, if the agency no longer exists, the agency whose functions are most closely related to the document, if the agency is entitled to access to the document. (2) For the purposes of this Act, a document that has been placed by an agency (including the Queensland State Archives) in a place of deposit under the Libraries Act 1988 (whether before or after the commencement of this part) or the Public RecordsAct 2002 is taken to be in the agency’s possession, or, if the agency no longer exists, the agency whose functions are most closely related to the document, if the agency is entitled to access to the document. 25 How applications for access are made (1) A person who wishes to obtain access to a document of an agency or an official document of a Minister under this Act is entitled to apply to the agency or Minister for access to the document. Notes — If a document applied for does not concern the applicant’s personal affairs, the applicant must pay, at the time the application is made, an application fee (see section 35B(2)). For applications on behalf of a child, see section 50A (Applications on behalf of children and matters affecting personal affairs of children). (2) The application must— (a) be in writing; and (b) provide sufficient information concerning the document to enable a responsible officer of the agency or the Minister to identify the document; and (c) state the address to which notices under this Act may be sent to the applicant; and
s 25A 33 Freedom of Information Act 1992 s 25A (d) if the application is being made on behalf of the applicant—state the name of the applicant and the name of the applicant’s agent. (3) The application is taken only to apply to documents that are, or may be, in existence on the day the application is received. (4 ) However, subsection (3) does not prevent an agency or Minister giving access to a document created after the application is received but before notice is given under section 34 (a post-application document ). (5) If an agency or Minister gives a person access to a post-application document— (a) no processing charge or access charge is payable in relation to the document; and (b) the person is not entitled to a review under section 52 or part 5 in relation to a decision about the document made in relation to the application concerned. (6) The application for access to a document may not require an agency or Minister to search for the document from a backup system. (7) However, subsection (6) does not prevent an agency or Minister searching for a document from a backup system if the agency or Minister considers the search appropriate. Note — A search for a document from a backup system is not required before access may be refused under section 28A except in the circumstances mentioned in section 28A(4). 25A Initial duties of agency or Minister in relation to application (1) If a person— (a) wishes to make an application under this Act to an agency or Minister for access to a document ( relevant application ); or (b) has made a relevant application but it does not comply with section 25; or
s 25A 34 Freedom of Information Act 1992 s 25A (c) has made a relevant application, or part of a relevant application, to the wrong agency or Minister; it is the duty of the agency or Minister to inform the person how to make the application in a way that complies with section 25 or to inform the person of the appropriate agency or Minister to whom application should be made. (2) An agency or Minister must not refuse to deal with an application because it does not comply with section 25 without first giving the applicant a reasonable opportunity of consultation with a view to making an application in a form complying with section 25. (3) If, after consulting under subsection (2), an agency or Minister decides— (a) the application does not contain sufficient information to enable a responsible officer of the agency or the Minister to identify the document; or (b) an application fee is payable, because a document sought by the applicant does not concern the applicant’s personal affairs, but is unpaid; the agency or Minister must give the applicant written notice of the decision. (4) The time between the date of the notice and when the applicant gives the information or pays the application fee does not count as part of the appropriate period under section 27. (5) However, the applicant is taken to have withdrawn the application if— (a) the applicant fails to give the information within 30 days after the day the notice of a decision under subsection (3)(a) is sent to the applicant; or (b) after the applicant is sent the notice of a decision under subsection (3)(b), the applicant fails to pay the application fee— (i) if an application for review is made within the period within which an application for review under this Act may be made—within 30 days after the review has been finally disposed of (unless on
s 26 35 s 26 Freedom of Information Act 1992 the review it is decided the application fee is not payable); or (ii) otherwise—by the end of the period within which an application for review under this Act may be made. 26 Transfer of applications (1) In this section— agency includes a Minister. (2) An agency to which an application has been made (the original agency ) may transfer the application to another agency if— (a) the document to which the application relates— (i) is not held by the original agency but is, to the original agency’s knowledge, held by the other agency; or (ii) is held by the original agency but is more closely related to the functions of the other agency; and (b) the other agency consents to the transfer. (3) An agency that transfers an application to another agency must— (a) if it holds the document to which the application relates—give a copy of the document (whether or not in the form of a written document) to the other agency with the application; and (b) immediately give the applicant written notice of the transfer, specifying in the notice the day on which, and the agency to which, the application has been transferred. (4) An agency is not required to include exempt matter in a notice. (5) An application that is transferred from 1 agency to another is taken to have been received by the other agency— (a) on the day on which it is transferred; or
s 27 36 s 27 Freedom of Information Act 1992 (b) 14 days after the day on which it was received by the agency to which it was originally made; whichever is the earlier. (6) If— (a) an application is made to an agency for access to more than 1 document; and (b) 1 or more of the documents is a document to which subsection (2) applies; this section applies to each of the documents as if separate applications had been made to the agency for each of the documents. (7) If part of an application is transferred under this section and the transferred part of the application relates to a document that does not concern the applicant’s personal affairs, a separate application fee is payable for the transferred part of the application. 27 How applications are dealt with (1) If an application for access to a document is made to an agency or Minister under this Act, the agency or Minister must take all reasonable steps to ensure that the applicant is notified that the application has been received as soon as practicable, but in any case not later than 14 days, after the application is received. (2) After considering the application, the agency or Minister must decide— (a) whether access is to be given to the document; and (b) if access is to be given—any charge that must be paid before access is granted; and (c) any charge payable for dealing with the application. (3) If giving access to a document will disclose to the applicant matter the agency or Minister reasonably considers is not relevant to the application, the agency or Minister may delete the irrelevant matter from a copy of the document before giving access to the document.
s 27 37 s 27 Freedom of Information Act 1992 (4) The agency or Minister may give access to a document by giving access to a copy of the document with the irrelevant matter deleted only if the agency or Minister considers, from the application or after consultation with the applicant— (a) the applicant would accept the copy; and (b) it is reasonably practicable to give access to the copy. (5) If the agency or Minister fails to decide an application and notify the applicant under section 34 within— (a) the appropriate period; or (b) if action is required under section 51 in relation to the application—a period equal to the appropriate period plus 15 days; the agency’s principal officer or the Minister is taken to have refused access to the document to which the application relates at the end of the period. (5A) As soon as practicable after a decision the agency’s principal officer or the Minister is taken to have made under subsection (5), the principal officer or the Minister must give written notice to the applicant— (a) stating the decision taken to have been made; and (b) specifying— (i) the day on which the decision is taken to have been made; and (ii) the right of review conferred by part 5 in relation to the decision; and (iii) the procedures to be followed for exercising the right; and (iv) the time within which an application for review must be made. (6) This section does not require an agency to determine an application that has been transferred to another agency under section 26. (7) In this section— appropriate period means—
s 27A 38 Freedom of Information Act 1992 s 27A (a) in relation to an application to an agency or Minister for a document that— (i) came into existence more than 5 years before the commencement of this part; and (ii) does not concern the personal affairs of the applicant; 60 days after the application is received by the agency or Minister; or (b) in relation to any other application—45 days after the application is received by the agency or Minister. 27A Calculation of appropriate period for s 27 (1) If an applicant gives an agency or Minister a copy of the applicant’s concession card, the period commencing on the day the applicant gives the copy and ending on— (a) the day the applicant is notified of the decision of the agency or Minister under schedule 4, section 8(2) or schedule 4, section 9(2)(b); or (b) the day the agency or Minister, having not notified the applicant of the decision, is taken to have made a decision under schedule 4, section 9(3); does not count as part of the appropriate period under section 27. (2) If an applicant is given a preliminary assessment notice before the end of the original section 27 period applying to the application, the period commencing on the day the applicant is given the notice and ending on— (a) the day the applicant— (i) if no deposit is payable, agrees in writing to pay the relevant charge; or (ii) pays the relevant deposit and agrees in writing to pay the relevant charge; or (b) the day the applicant, having not agreed to pay the relevant charge, or having not paid the relevant deposit and agreed in writing to pay the relevant charge, is
s 27B 39 Freedom of Information Act 1992 s 27B notified of a decision, whether or not made on review, that no charges are payable because the charges have been wrongly assessed or are to be waived; does not count as part of the appropriate period under section 27. Note — The appropriate period for section 27 may also be affected by section 29A(7). (3) In this section— original section 27 period , for an application, means the period under the definition appropriate period in section 27(7) that would apply to the application in the absence of this section. relevant charge means the original charge or amount of the charge decided on review. relevant deposit means the original deposit or the deposit, if any, on account of the charge decided on review that the applicant is required to pay. review means consideration under this Act of an objection notice. 27B Extended processing period (1) Before or after an agency’s principal officer or a Minister is taken to have made a decision under section 27(5) in relation to an application (the deemed decision ), the agency or the Minister may ask the applicant for a further specified period (an extended processing period ) within which the agency or the Minister may continue to consider the application and make a decision in relation to it. (2) Additional requests may be made under subsection (1) to allow further extended processing periods. (3) Until a considered decision is made under subsection (4), an application for review of the deemed decision— (a) may be made even if the applicant has agreed to a request made under subsection (1); and (b) despite section 73(1)(d), may be made—
s 28 40 s 28A Freedom of Information Act 1992 (i) at any time before 28 days from the end of the extended processing period or, in the case of more than 1 extended processing period, the last extended processing period; or (ii) within the longer period the commissioner allows. (4) The agency or the Minister may, at any time before the agency or the Minister is informed under section 73A of an application for review of the deemed decision, continue to consider the application and make a decision in relation to it (a considered decision ). (5) Subsection (4) applies even if— (a) no request has been made under subsection (1); or (b) the applicant has not agreed to a request made under subsection (1). (6) If a considered decision is made, the considered decision replaces the deemed decision for the purposes of this Act. Example — The agency or the Minister must give notice of the considered decision under section 34 and the considered decision is potentially subject to internal review under section 52, in addition to external review under part 5. 28 Refusal of access—matter or document exempt An agency or Minister may refuse access to exempt matter or an exempt document. 28A Refusal of access—document nonexistent or unlocatable (1) An agency or Minister may refuse access to a document if the agency or Minister is satisfied the document does not exist. Example — documents that have not been created (2) An agency or Minister may refuse access to a document if— (a) the agency or Minister is satisfied the document has been or should be in the agency’s or Minister’s possession; and
s 29 41 s 29 Freedom of Information Act 1992 (b) all reasonable steps have been taken to find the document but the document can not be found. Examples — • documents that have been lost • documents that have been disposed of under an authority given by the State Archivist (3) Subject to subsection (4), a search for a document from a backup system is not required before refusing access under this section. (4) A search for a document from a backup system is required before refusing access under subsection (1) only if— (a) the document is— (i) a document required to be kept under the PublicRecords Act 2002 ; and (ii) not a document that the agency or Minister could lawfully have disposed of under the PublicRecords Act 2002 ; and (b) the agency or Minister considers the document has been kept in, and is retrievable from, the backup system. 29 Refusal to deal with application—agency’s or Minister’s functions (1) An agency or Minister may refuse to deal with an application for access to documents or, if the agency or Minister is considering 2 or more applications by the applicant, all the applications, if the agency or Minister considers the work involved in dealing with the application or all the applications would, if carried out— (a) substantially and unreasonably divert the resources of the agency from their use by the agency in the performance of its functions; or (b) interfere substantially and unreasonably with the performance by the Minister of the Minister’s functions. (2) Without limiting the matters to which the agency or Minister may have regard in making a decision under subsection (1),
s 29 42 s 29 Freedom of Information Act 1992 the agency or Minister must have regard to the resources that would have to be used— (a) in identifying, locating or collating the documents in the filing system of the agency or the Minister’s office; or (b) in deciding whether to give, refuse or defer access to the documents, or to give access to edited copies of the documents, including resources that would have to be used— (i) in examining the documents; or (ii) in consulting with an entity in relation to the application; or (c) in making a copy, or edited copy, of the documents; or (d) in notifying any interim or final decision on the application. (3) In deciding whether to refuse, under subsection (1), to give access to documents, an agency or Minister must not have regard to— (a) any reasons the applicant gives for applying for access; or (b) the agency’s or Minister’s belief about what are the applicant’s reasons for applying for access. (4) If— (a) an application is expressed to relate to all documents, or to all documents of a stated class, that contain information of a stated kind or relate to a stated subject matter; and (b) it appears to the agency or Minister that all of the documents to which the application relates are exempt documents; the agency or Minister may refuse to deal with the application without having identified any or all of the documents. (5) The notice of the agency’s or Minister’s decision under subsection (4) to refuse to deal with an application must identify the provision under which the documents are exempt documents.
s 29A 43 Freedom of Information Act 1992 s 29A 29A What an agency or Minister must do before refusing to deal with application under s 29 (1) An agency or Minister may refuse to deal with an application under section 29(1) only if— (a) the agency or Minister has given the applicant a written notice— (i) stating an intention to refuse to deal with the application; and (ii) advising that, for a consultation period, the applicant may consult with a stated officer of the agency or a stated member of the staff of the Minister with a view to making an application in a form that would remove the ground for refusal; and (iii) advising that the consultation period ends 21 days after the day the applicant is given the notice; and (iv) stating the effect of subsections (2), (3), (4), (5), (6) and (7); and (b) the agency or Minister has given the applicant a reasonable opportunity to consult with the officer or member; and (c) the agency or Minister has, as far as is reasonably practicable, provided the applicant with any information that would help the making of an application in a form that would remove the ground for refusal. (2) During consultation, the applicant and officer or member may agree what is to be the appropriate period for section 27 in relation to the application. (3) Following consultation, the applicant may give the officer or member written notice either confirming or altering the application. Examples of alterations— • an alteration of the documents to which the application relates • an alteration of the application to state that the appropriate period for section 27 in relation to the application is to be a period that has been agreed with the officer or member
s 29B 44 Freedom of Information Act 1992 s 29B (4) If the application is altered, section 29 applies in relation to the altered application but the other provisions of this section do not apply to it. (5) If the applicant fails to consult after being given notice under subsection (1)(a), the applicant is taken to have withdrawn the application. (6) Without limiting subsection (5), the applicant is taken to have failed to consult if, by the end of the consultation period, the applicant has not given the officer or member written notice under subsection (3). (7) If the applicant gives the officer or member written notice altering the application to state that the appropriate period for section 27 is a period agreed under subsection (2), the agreed period is taken to be the appropriate period for section 27. (8) Also, the period commencing on the day an applicant is given notice under subsection (1)(a) and ending on the day the applicant gives the agency or Minister written notice confirming or altering the application following consultation does not count as part of the appropriate period for section 27. 29B Refusal to deal with application—previous application for same documents (1) This section applies if an applicant applies to an agency or Minister (the later application ) for access to documents that have been the subject of an earlier application made by the same applicant to the same agency or Minister (the earlier application ). (2) However, this section does not apply if the applicant withdrew the earlier application or the application was taken to be withdrawn under section 25A(5), 29A(5) or schedule 4, section 2. (3) The agency or Minister may, to the extent the later application relates to documents sought under the earlier application, refuse to deal with the later application on a ground mentioned in subsection (4) if— (a) the agency or Minister is satisfied the documents sought under the later application are the documents sought under the earlier application; and
s 29B 45 Freedom of Information Act 1992 s 29B (b) the later application has not disclosed any reasonable basis for again seeking access to the documents. (4) The grounds are as follows— (a) the agency’s or Minister’s decision on the earlier application— (i) is the subject of a review under part 5 and the review is not complete; or (ii) has been the subject of a completed review under part 5; (b) when the later application was made, the agency or Minister had not decided whether to grant access to the documents under the earlier application; (c) the agency or Minister has decided this Act, or a part of this Act, does not apply to an entity— (i) because the entity is not an agency for this Act; or (ii) because of section 11 or 12 or another Act; Note — Schedule 3 lists provisions of other Acts that exclude or limit the operation of this Act—see section 11D. (d) the agency or Minister has decided— (i) this Act, or a part of this Act, does not apply to the documents because of section 11, 11A, 11B, 11C or 12 or another Act; or (ii) access to the documents may be refused under section 22; or (iii) the documents sought under the earlier application were exempt from disclosure; Note — Schedule 3 lists provisions of other Acts that exclude or limit the operation of this Act—see section 11D. (e) the agency or Minister has decided the applicant is not entitled to access because of section 11E; (f) the agency or Minister refused access to the documents under section 28A in relation to the earlier application.
s 30 46 s 30 Freedom of Information Act 1992 30 Forms of access (1) Access to a document may be given to a person in 1 or more of the following forms— (a) a reasonable opportunity to inspect the document; (b) providing a copy of the document; (c) if the document is an article or material from which sounds or visual images are capable of being reproduced—making arrangements for the person to hear the sounds or view the images; (d) if the document is one— (i) by which words are recorded in a way in which they are capable of being reproduced in the form of sound; or (ii) in which words are contained in the form of shorthand writing or in codified form; providing a written transcript of the words recorded or contained in the document; (e) if— (i) the application relates to information that is not contained in a written document held by the agency; and (ii) the agency could create a written document containing the information using equipment that is usually available to it for retrieving or collating stored information; providing a written document so created. (2) Subject to this section and section 32, if an applicant has requested access in a particular form, access must be given in that form. (3) If giving access in the form requested by the applicant— (a) would interfere unreasonably with the operations of the agency, or the performance by the Minister of the Minister’s functions; or
s 31 47 s 31 Freedom of Information Act 1992 (b) would be detrimental to the preservation of the document or, having regard to the physical nature of the document, would be inappropriate; or (c) would involve an infringement of the copyright of a person other than the State; access in that form may be refused and given in another form. (4) If an applicant is given access to a document in a form different to the form of access requested by the applicant, the applicant must not be required to pay a charge that is more than the charge that would have been payable if access had been given in the form requested by the applicant. (5) Access under subsection (1)(a) to a document to which section 23 or 24 applies must be given by affording the applicant a reasonable opportunity to inspect the document on the premises of the Queensland State Archives or public library or in an office of an agency. (6) If a document is more than 25 years old or in the custody of the Queensland State Archives, the State Archivist may direct that access not be given in 1 or more, but not all, of the forms mentioned in subsection (1) if, in the State Archivist’s opinion, giving access in that form would be detrimental to the document’s preservation or, having regard to the physical nature of the document, would be inappropriate. (7) This section does not prevent an agency or Minister giving access to a document in another form agreed to by the applicant. 31 Access may be deferred in certain cases An agency or Minister may defer providing access to a document for a reasonable period if the document was prepared— (a) for presentation to the Legislative Assembly or a committee of the Legislative Assembly; or (b) for release to the media; or (c) solely for inclusion, in the same or an amended form, in a document to be prepared for a purpose mentioned in paragraph (a) or (b);
s 31A 48 Freedom of Information Act 1992 s 32 and the document is yet to be presented or released, or included in a document to be presented or released, as the case may be. 31A Time limit for access (1) This section applies if a person who applies for access to a document under this Act is granted access to the document. (2) The person may obtain access to the document— (a) if providing access is deferred under section 31, within— (i) 60 days after the person is given notice that access is no longer deferred; and (ii) any additional period allowed by the agency or Minister; or (b) otherwise, within— (i) 60 days after the person is given notice of the agency’s or Minister’s decision, or the commissioner’s decision, to give the person access to the document; and (ii) any additional period allowed by the agency or Minister. (3) If the person does not seek to obtain access to the document within the 60 days, or any additional period allowed by the agency or Minister, the person’s entitlement to access under the application ends. 32 Deletion of exempt matter Subject to section 35, if— (a) an application is made for access to a document containing exempt matter (including a document that is the subject of a certificate under section 36, 37, 42 or 42A); and (b) it is practicable to give access to a copy of the document from which the exempt matter has been deleted; and
144 Freedom of Information Act 1992 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 2 3 4 5 5A 5B 5C 5D 6 6A 6B 6C 6D 6E 7 Amendments to none 1993 Act No. 32 1993 Act No. 59 1994 Act No. 68 1995 Act No. 19 1995 Act No. 38 1996 Act No. 79 1996 Act No. 79 1997 Act No. 23 1997 Act No. 23 1997 Act No. 82 1998 Act No. 22 1999 Act No. 55 1999 Act No. 85 1999 Act No. 85 1999 Act No. 85 Effective 19 November 1992 3 June 1993 20 November 1993 1 January 1995 11 April 1995 15 September 1995 1 December 1996 28 February 1997 22 May 1997 22 May 1997 5 December 1997 1 June 1998 18 November 1999 14 December 1999 23 March 2000 1 July 2000 Reprint date 1 December 1992 11 June 1993 20 December 1993 25 January 1995 26 April 1995 7 August 1996 4 February 1997 14 March 1997 30 May 1997 8 July 1997 15 December 1997 1 June 1998 2 December 1999 17 January 2000 24 March 2000 7 July 2000
145 Freedom of Information Act 1992 Reprint No. 7A 7B 7C 7D 7E 7F 7G 7H 7I 8 Reprint No. 8A 8B 8C 8D 8E 8F 8G 8H 8I 8J 8K 8L 8M 8N 9 9A 9B 9C 9D 9E 9F 9G 9H 10 10A 10B 10C 10D Amendments to 2000 Act No. 34 2000 Act No. 58 2000 Act No. 58 2001 Act No. 45 2001 Act No. 73 2001 Act No. 81 2001 Act No. 81 2001 Act No. 81 2002 Act No. 11 2002 Act No. 11 Amendments included 2003 Act No. 9 2003 Act No. 19 2003 Act No. 86 2003 Act No. 13 1994 Act No. 8 (amd 2003 Act No. 54) 2003 Act No. 77 2003 Act No. 79 2004 Act No. 8 2004 Act No. 22 2003 Act No. 83 2004 Act No. 19 2004 Act No. 54 2004 Act No. 37 2004 Act No. 52 2005 Act No. 28 2005 Act No. 25 2005 Act No. 28 2005 Act No. 28 2005 Act No. 52 2005 Act No. 57 2005 Act No. 70 2003 Act No. 62 (amd 2005 Act No. 65) 2005 Act No. 45 2006 Act No. 25 2000 Act No. 5 (amd 2006 Act No. 26) 2006 Act No. 29 2006 Act No. 39 2007 Act No. 37 2006 Act No. 55 2007 Act No. 55 2007 Act No. 59 Effective 1 October 2000 17 November 2000 16 March 2001 15 July 2001 23 November 2001 3 December 2001 1 January 2002 1 March 2002 6 June 2002 1 July 2002 Effective 28 March 2003 9 May 2003 18 November 2003 1 December 2003 8 December 2003 16 April 2004 6 August 2004 13 September 2004 7 November 2004 12 November 2004 29 November 2004 1 January 2005 31 May 2005 1 July 2005 1 September 2005 10 November 2005 28 November 2005 8 December 2005 1 January 2006 30 June 2006 1 July 2006 21 July 2006 28 August 2006 30 October 2006 28 September 2007 2 November 2007 9 November 2007 15 March 2008 Reprint date 2 October 2000 1 December 2000 23 March 2001 7 September 2001 30 November 2001 14 December 2001 11 January 2002 8 March 2002 7 June 2002 5 July 2002 Notes
146 Freedom of Information Act 1992 Reprint No. 10E 11 11A 11B Amendments included 2007 Act No. 28 — 2008 Act No. 67 2009 Act No. 7 Effective 20 March 2008 20 March 2008 1 December 2008 28 May 2009 Notes R10E withdrawn, see R11 5 Tables in earlier reprints Name of table Changed citations and remade laws Changed names and titles Corrected minor errors Renumbered provisions Reprint No. 4 4 1, 2, 5 3 6 List of legislation Freedom of Information Act 1992 No. 42 date of assent 19 August 1992 pts 3–6 commenced 19 November 1992 (see s 2) remaining provisions commenced on date of assent amending legislation— Statute Law (Miscellaneous Provisions) Act 1993 No. 32 ss 1–3 sch 1 date of assent 3 June 1993 commenced on date of assent Freedom of Information Amendment Act 1993 No. 59 date of assent 20 November 1993 commenced on date of assent Freedom of Information (Review of Secrecy Provision Exemption) Amendment Act1994 No. 34 date of assent 12 August 1994 ss 1–2 commenced on date of assent remaining provisions commenced 20 August 1994 (see s 2) Queensland Investment Corporation Amendment Act 1994 No. 38 pts 1, 3 date of assent 14 September 1994 ss 1–2 commenced on date of assent remaining provisions commenced 1 October 1994 (see s 2 and 1994 SL No. 341 ss 2, 8) Electricity Act 1994 No. 64 ss 1–2, 293 sch 4 date of assent 1 December 1994 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 1995 (1994 SL No. 467)
147 Freedom of Information Act 1992 Whistleblowers Protection Act 1994 No. 68 ss 1–2, 62 sch 4 date of assent 1 December 1994 ss 1–2 commenced on date of assent remaining provisions commenced 16 December 1994 (1994 SL No. 441) Freedom of Information Amendment Act 1995 No. 5 date of assent 23 March 1995 commenced on date of assent National Crime Authority (State Provisions) Amendment Act 1995 No. 19 pts 1, 3 date of assent 11 April 1995 commenced on date of assent Transport Infrastructure Amendment (Rail) Act 1995 No. 32 ss 1–2, 23 sch date of assent 14 June 1995 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1995 (see s 2(2), 1995 SL No. 162 ss 2(3), 19) Parliamentary Committees Act 1995 No. 38 ss 1, 35 sch 1 date of assent 15 September 1995 commenced on date of assent State Financial Institutions and Metway Merger Facilitation Act 1996 No. 29 ss 1–2, 97 sch 2 date of assent 10 September 1996 ss 1–2 commenced on date of assent s 97 sch 2 commenced 1 December 1996 (see s 2(2), s 3 sch 3 and notice pubd gaz 29 November 1996 p 1257) Public Service Act 1996 No. 37 ss 1–2, 147 sch 2 date of assent 22 October 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 1996 (1996 SL No. 361) Justice Legislation (Miscellaneous Provisions) Act 1996 No. 79 pts 1, 14 date of assent 12 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 28 February 1997 (1997 SL No. 35) Local Government Legislation Amendment Act 1997 No. 23 s 1 pt 7 date of assent 22 May 1997 commenced on date of assent Justice and Other Legislation (Miscellaneous Provisions) Act (No. 2) 1997 No. 82 ss 1, 2(1), 3 sch date of assent 5 December 1997 commenced on date of assent Powers of Attorney Act 1998 No. 22 ss 1–2 ch 9 pt 2 date of assent 14 May 1998 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1998 (1998 SL No. 123)
148 Freedom of Information Act 1992 Child Protection Act 1999 No. 10 ss 1, 2(2), 205 sch 3 date of assent 30 March 1999 ss 1–2 commenced on date of assent remaining provisions commenced 23 March 2000 (2000 SL No. 45) Coal Mining Safety and Health Act 1999 No. 39 ss 1–2, 299 sch 1 date of assent 2 September 1999 ss 1–2 commenced on date of assent remaining provisions commenced 16 March 2001 (2001 SL No. 14) Public Sector Ethics Amendment Act 1999 No. 55 pts 1, 3 date of assent 18 November 1999 commenced on date of assent Stipendiary Magistrates and Other Acts Amendment Act 1999 No. 68 pts 1, 3 date of assent 6 December 1999 commenced on date of assent Prostitution Act 1999 No. 73 ss 1, 2(2)–(3), 179 sch 3 date of assent 14 December 1999 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2000 (see s 2(2)–(3)) Parliamentary Commissioner and Freedom of Information Amendment Act 1999 No. 85 pts 1, 3 date of assent 14 December 1999 commenced on date of assent Water Act 2000 No. 34 ss 1–2, 1145 sch 3 date of assent 13 September 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 October 2000 (2000 SL No. 257) Justice and Other Legislation (Miscellaneous Provisions) Act 2000 No. 58 ss 1–2 sch date of assent 17 November 2000 commenced on date of assent Medical Practitioners Registration Act 2001 No. 7 ss 1–2, 302 sch 2 date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 March 2002 (2002 SL No. 30) Corporations (Ancillary Provisions) Act 2001 No. 45 ss 1–2, 29 sch 3 date of assent 28 June 2001 ss 1–2 commenced on date of assent sch 3 commenced 15 July 2001 (see s 2(2) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) remaining provision commenced immediately before 15 July 2001 (see s 2(1) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285)
149 Freedom of Information Act 1992 Crime and Misconduct Act 2001 No. 69 ss 1–2, 378 sch 1 date of assent 8 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2002 (2001 SL No. 221) Freedom of Information Amendment Act 2001 No. 70 date of assent 8 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 23 November 2001 (2001 SL No. 222) Taxation Administration Act 2001 No. 72 ss 1–2, 164 sch 1 date of assent 13 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 March 2002 (2002 SL No. 12) Ombudsman Act 2001 No. 73 ss 1–2, pt 14, s 108 sch 2 date of assent 13 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 3 December 2001 (2001 SL No. 224) Parliament of Queensland Act 2001 No. 81 ss 1–2, ch 9 pt 8 date of assent 3 December 2001 ss 1–2 commenced on date of assent remaining provisions commenced 6 June 2002 (see s 2) Public Records Act 2002 No. 11 ss 1, 2(2), 62 sch 1 date of assent 24 April 2002 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2002 (2002 SL No. 115) Juvenile Justice Act 1992 No. 44 s 262(3) sch 3 (this Act is amended, see amending legislation below) amending legislation— Juvenile Justice Amendment Act 2002 No. 39 ss 1–2, 115, 118 (amends 1992 No. 44 above) date of assent 29 August 2002 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2003 (2002 SL No. 350) (amdts could not be given effect) Health and Other Legislation Amendment Act 2003 No. 9 s 1, pt 2 date of assent 28 March 2003 commenced on date of assent Coroners Act 2003 No. 13 ss 1, 2(2), 106 sch 1 date of assent 9 April 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2003 (2003 SL No. 296) Statute Law (Miscellaneous Provisions) Act 2003 No. 19 ss 1, 3 sch date of assent 9 May 2003 commenced on date of assent
150 Freedom of Information Act 1992 Transport Infrastructure Act 1994 No. 8 s 491(3) (prev s 200A(3)) sch 5 (prev sch 2B) (this Act is amended, see amending legislation below) amending legislation— Transport Infrastructure and Another Act Amendment Act 2003 No. 54 ss 1–2, 34, 39 (amends 1994 No. 8 above) date of assent 18 September 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2003 (2003 SL No. 294) Youth Participation in Education and Training Act 2003 No. 62 ss 1, 2(3), pt 8 div 4 (this Act is amended, see amending legislation below) date of assent 13 October 2003 ss 1–2 commenced on date of assent s 102 (in so far as it relates to the ins def “education entity”) never proclaimed into force and om 2005 No. 65 s 17 s 103 never proclaimed into force and om 2005 No. 65 s 18 remaining provisions commenced 1 January 2006 (see s 2(3)) amending legislation— YouthParticipationinEducationandTrainingandAnotherActAmendment Act 2005 No. 65 ss 1, 17–18 (amends 2003 No. 62 above) date of assent 28 November 2005 commenced on date of assent Justice and Other Legislation Amendment Act 2003 No. 77 ss 1, 2(3), pt 14A date of assent 6 November 2003 ss 1–2 commenced on date of assent remaining provisions commenced 8 December 2003 (2003 SL No. 310) Aboriginal Cultural Heritage Act 2003 No. 79 ss 1–2, 170 sch 1 date of assent 6 November 2003 ss 1–2 commenced on date of assent remaining provisions commenced 16 April 2004 (2004 SL No. 36) Australian Crime Commission (Queensland) Act 2003 No. 83 ss 1–2, 68 sch 1 date of assent 6 November 2003 ss 1–2 commenced on date of assent remaining provisions commenced 7 November 2004 (automatic commencement under AIA s 15DA(2)) Magistrates Amendment Act 2003 No. 86 ss 1, 16 sch date of assent 18 November 2003 commenced on date of assent Terrorism (Community Safety) Amendment Act 2004 No. 8 pts 1, 5 date of assent 20 May 2004 ss 1–2 commenced on date of assent remaining provisions commenced 6 August 2004 (2004 SL No. 147)
151 Freedom of Information Act 1992 Biodiscovery Act 2004 No. 19 ss 1–2, 130–131 date of assent 24 August 2004 ss 1–2 commenced on date of assent remaining provisions commenced 12 November 2004 (2004 SL No. 244) Freedom of Information Amendment Act 2004 No. 22 date of assent 13 September 2004 commenced on date of assent Local Government (Community Government Areas) Act 2004 No. 37 ss 1–2, 86 sch 1 date of assent 27 October 2004 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2005 (2004 SL No. 266) Child Protection (Offender Reporting) Act 2004 No. 52 ss 1–2, pt 7 div 3 date of assent 29 November 2004 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2005 (2004 SL No. 295) Transport Infrastructure Amendment Act 2004 No. 54 ss 1, 13–15 date of assent 29 November 2004 commenced on date of assent Debits Tax Repeal Act 2005 No. 25 ss 1–2, 8 date of assent 31 May 2005 ss 1–2 commenced on date of assent remaining provision commenced 1 July 2005 (see s 2) Freedom of Information and Other Legislation Amendment Act 2005 No. 28 ss 1–2(1), (3)–(4), ch 2 pt 1 date of assent 31 May 2005 ss 1–2, 3, 5(1) (to the extent it ins def “backup system”), 8–10, 13–14, 18, 24–27, 57 (to the extent it ins pt 10 hdg, ss 113–115), 58–60 commenced on date of assent (see s 2(3)–(4)) ss 36(1), 51 (ins new sections other than s 101C), 57 (to the extent it ins ss 117–118) commenced 1 July 2005 (see s 2(1)) ss 50, 54 (other than to the extent it ins s 108(4)(b)), 57 (to the extent it ins ss 119–120) commenced 1 July 2005 (2005 SL No. 147) remaining provisions commenced 1 September 2005 (2005 SL No. 147) Cross-Border Law Enforcement Legislation Amendment Act 2005 No. 45 ss 1–2(1), 74 sch 4 date of assent 14 October 2005 ss 1–2 commenced on date of assent remaining provisions commenced 30 June 2006 (2006 SL No. 144) Service Delivery and Performance Commission Act 2005 No. 52 s 1, pt 10 date of assent 10 November 2005 commenced on date of assent StateDevelopmentandPublicWorksOrganisationandOtherLegislationAmendment Act 2005 No. 57 pts 1, 4 date of assent 28 November 2005 commenced on date of assent
152 Freedom of Information Act 1992 Justice and Other Legislation Amendment Act 2005 No. 70 s 1, pt 13 date of assent 8 December 2005 commenced on date of assent Health Quality and Complaints Commission Act 2006 No. 25 ss 1–2(1), 241(1) sch 3 date of assent 29 May 2006 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2006 (see s 2(1)) Police Powers and Responsibilities Act 2000 No. 5 s 810 sch 4 (prev s 459A sch 3A) (this Act is amended, see amending legislation below) amending legislation— Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26 ss 1–2, 84, 86 (amends 2000 No. 5 above) date of assent 1 June 2006 ss 1–2 commenced on date of assent remaining provisions commenced 21 July 2006 (2006 SL No. 185) Corrective Services Act 2006 No. 29 ss 1, 2(2), ch 8 pt 2 div 1, s 518 sch 3 date of assent 1 June 2006 ss 1–2 commenced on date of assent remaining provisions commenced 28 August 2006 (2006 SL No. 213) Education (General Provisions) Act 2006 No. 39 ss 1, 2(3), 512(1) sch 1 date of assent 11 August 2006 ss 1–2 commenced on date of assent remaining provisions commenced 30 October 2006 (2006 SL No. 247) Education Legislation Amendment Act 2006 No. 55 ss 1–2, 52 sch date of assent 7 December 2006 ss 1–2, 52 commenced on date of assent remaining provisions commenced 2 November 2007 (2007 SL No. 265) Health and Other Legislation Amendment Act 2007 No. 28 pts 1, 7 date of assent 28 May 2007 ss 1–2 commenced on date of assent remaining provisions commenced 20 March 2008 (2008 SL No. 68) Justice and Other Legislation Amendment Act 2007 No. 37 pts 1, 13, s 70 sch date of assent 29 August 2007 ss 1–2 commenced on date of assent remaining provisions commenced 28 September 2007 (2007 SL No. 241) Judicial Remuneration Act 2007 No. 55 ss 1–2(1), pt 5 div 4 date of assent 9 November 2007 commenced on date of assent Local Government and Other Legislation (Indigenous Regional Amendment Act 2007 No. 59 ss 1–2, 152 sch date of assent 22 November 2007 ss 1–2 commenced on date of assent remaining provisions commenced 15 March 2008 (2007 SL No. 336) Councils)
153 Freedom of Information Act 1992 Transport and Other Legislation Amendment Act 2008 No. 67 s 1, pt 3 div 6 date of assent 1 December 2008 commenced on date of assent Parliament of Queensland Amendment Act 2009 No. 7 ss 1, 16 sch date of assent 28 May 2009 commenced on date of assent Financial Accountability Act 2009 No. 9 ss 1, 2(2), 136 sch 1 date of assent 28 May 2009 ss 1–2 commenced on date of assent remaining provisions not yet proclaimed into force (see s 2(2)) 7 List of annotations Object of Act and its achievement s 4 sub 2005 No. 28 s 4 Reasons for enactment of Act s 5 om 2005 No. 28 s 4 Definitions s 7 def “access charge” ins 2005 No. 28 s 5(1) def “agent” ins 2005 No. 28 s 5(1) def “applicant” ins 2005 No. 28 s 5(1) def “application fee” ins 2005 No. 28 s 5(1) def “backup system” ins 2005 No. 28 s 5(1) def “charge” ins 2001 No. 70 s 3 sch amd 2005 No. 28 s 5(2) def “concession card” ins 2005 No. 28 s 5(1) def “coroner” ins 2003 No. 13 s 106 sch 1 def “corporatised corporation” ins 1997 No. 23 s 71 amd 2003 No. 19 s 3 sch def “document” sub 1995 No. 5 s 2 sch amd 2005 No. 28 s 5(3) def “final assessment notice” ins 2005 No. 28 s 5(1) def “financial hardship” ins 2005 No. 28 s 5(1) def “GOC” ins 1994 No. 38 s 14 om 1995 No. 5 s 2 sch def “holder” ins 2005 No. 70 s 97 def “objection notice” ins 2005 No. 28 s 5(1) def “office” ins 2005 No. 28 s 5(1) def “official document of a Minister” or “official document of the Minister” amd 2005 No. 28 s 5(4) def “original charge” ins 2005 No. 28 s 5(1) def “original deposit” ins 2005 No. 28 s 5(1) def “parliamentary commissioner” om 2001 No. 73 s 108 sch 2 def “parliamentary committee” ins 1995 No. 38 s 35 sch 1 amd 2009 No. 7 s 16 sch def “preliminary assessment notice” ins 2005 No. 28 s 5(1)
154 Freedom of Information Act 1992 def “processing charge” ins 2005 No. 28 s 5(1) def “responsible Minister” amd 2004 No. 37 s 86 sch 1; 2007 No. 59 s 152 sch Meaning of “ agency” s 8 amd 2005 No. 28 s 6 Meaning of “public authority” s 9 amd 2005 No. 28 s 7; 2007 No. 37 s 70 sch Notes in text s 9A ins 2005 No. 28 s 8 Act not to apply to certain bodies etc. s 11 amd 1993 No. 32 s 3 sch 1; 1994 No. 38 s 15; 1995 No. 38 s 35 sch 1; 1996 No. 29 s 97 sch 2; 1998 No. 22 s 165; 1999 No. 68 s 10; 2000 No. 58 s 2 sch; 2001 No. 45 s 29 sch 3; 2003 No. 9 s 4; 2003 No. 86 s 16 sch; 2005 No. 28 s 9; 2005 No. 70 s 98; 2003 No. 62 s 102 (sub 2005 No. 65 s 17); 2006 No. 25 s 241(1) sch 3; 2006 No. 39 s 512(1) sch 1; 2007 No. 55 s 52 sch Application of Act to GOCs s 11A ins 1994 No. 38 s 16 Application of Act to corporatised corporations s 11B ins 1997 No. 23 s 72 amd 2003 No. 19 s 3 sch Application of Act to coronial documents s 11C ins 2003 No. 13 s 106 sch 1 Application of Act to particular documents under the Ambulance Service Act 1991 or the Health Services Act 1991 s 11CA ins 2007 No. 28 s 56 Application of Act to other Acts s 11D ins 2005 No. 28 s 10 Application of Act to offenders or agents prov hdg amd 2006 No. 29 s 481(1) s 11E ins 2005 No. 28 s 10 amd 2006 No. 29 ss 481(2)–(3), 518 sch 3 Operation of Public Records Act 2002 prov hdg sub 2002 No. 11 s 62 sch 1 s 17 amd 2002 No. 11 s 62 sch 1 Publication of information concerning affairs of agencies s 18 amd 2005 No. 28 s 11 Notices to require specification of documents in statements s 20 amd 1993 No. 32 s 3 sch 1; 2005 No. 28 s 12 PART 3—ACCESS TO DOCUMENTS Documents to which access may be refused s 22 amd 2002 No. 11 s 62 sch 1; 2005 No. 28 s 13
155 Freedom of Information Act 1992 Official documents in Queensland State Archives s 24 amd 2002 No. 11 s 62 sch 1 How applications for access are made s 25 amd 2005 No. 28 s 14 sub 2005 No. 28 s 15 amd 2007 No. 37 s 70 sch Initial duties of agency or Minister in relation to application s 25A ins 2005 No. 28 s 15 Transfer of applications s 26 amd 1993 No. 59 s 3; 2005 No. 28 s 16 How applications are dealt with s 27 amd 1993 No. 32 s 3 sch 1; 2001 No. 70 s 3 sch; 2005 No. 28 s 17; 2007 No. 55 s 43 Calculation of appropriate period for s 27 s 27A ins 2005 No. 28 s 19 Extended processing period s 27B ins 2007 No. 55 s 44 Refusal of access—matter or document exempt s 28 sub 2001 No. 70 s 4; 2005 No. 28 s 19 Refusal of access—document nonexistent or unlocatable s 28A ins 2001 No. 70 s 4 sub 2005 No. 28 s 19 Refusal of access—document nonexistent or unlocatable s 28B ins 2005 No. 28 s 18 om 2005 No. 28 s 19 Refusal to deal with application—agency’s or Minister’s functions s 29 sub 2001 No. 70 s 5; 2005 No. 28 s 19 What an agency or Minister must do before refusing to deal with application under s 29 s 29A ins 2001 No. 70 s 5 sub 2005 No. 28 s 19 Refusal to deal with application—previous application for same documents s 29B ins 2001 No. 70 s 5 sub 2005 No. 28 s 19 Contention relying on financial hardship s 29C ins 2001 No. 70 s 5 om 2005 No. 28 s 19 Calculation of appropriate period if notice given of charges s 29D ins 2001 No. 70 s 5 om 2005 No. 28 s 19 Forms of access s 30 amd 2002 No. 11 s 62 sch 1
156 Freedom of Information Act 1992 Time limit for access s 31A ins 2005 No. 28 s 20 Deletion of exempt matter s 32 amd 2004 No. 8 s 18 Persons who are to make decisions for agencies and Ministers s 33 amd 2001 No. 70 s 3 sch sub 2005 No. 28 s 21 Notification of decisions and reasons s 34 amd 2005 No. 28 s 22; 2007 No. 55 s 45 Information as to existence of certain documents s 35 amd 1995 No. 5 s 2 sch; 2004 No. 8 s 19 Division 1A—Fees and charges div hdg ins 2005 No. 28 s 23 Meaning of “financial hardship” s 35A ins 2005 No. 28 s 23 amd 2005 No. 70 s 99 Fees and charges for access to documents not concerning personal affairs s 35B ins 2005 No. 28 s 23 Waiver of fees and charges s 35C ins 2005 No. 28 s 23 Process for assessment of charges s 35D ins 2005 No. 28 s 23 Refund of excess payment s 35E ins 2005 No. 28 s 23 Cabinet matter s 36 amd 1993 No. 59 s 4 sub 1995 No. 5 s 3 Executive Council matter s 37 amd 1993 No. 59 s 5 sub 1995 No. 5 s 3 Matter relating to investigations by ombudsman, reviews by Service Delivery and Performance Commission or audits by auditor-general etc. prov hdg amd 1994 No. 34 s 4(1); 2001 No. 73 s 108 sch 2; 2005 No. 52 s 72(1) s 39 amd 1994 No. 34 s 4(2); 2001 No. 73 s 108 sch 2; 2005 No. 52 s 72(2)–(3); 2007 No. 37 s 71 Matter relating to law enforcement or public safety s 42 amd 1995 No. 5 s 2 sch; 1999 No. 39 s 299 sch 1; 2001 No. 69 s 378 sch 1; 2004 No. 8 s 20; 2005 No. 28 s 24 Matter created for ensuring security or good order of corrective services facility s 42AA ins 2006 No. 29 s 482
157 Freedom of Information Act 1992 Matter relating to national or State security s 42A ins 2004 No. 8 s 21 Matter affecting personal affairs s 44 amd 2001 No. 7 s 302 sch 2; 2005 No. 28 s 25 Matter relating to trade secrets, business affairs and research s 45 amd 2005 No. 28 s 26 Matter communicated in confidence s 46 amd 2005 No. 28 s 27 Matter relating to investment incentive scheme s 47A ins 2004 No. 22 s 3 amd 2005 No. 57 s 66 Matter to which secrecy provisions of enactments apply s 48 sub 1994 No. 34 s 5 amd 2007 No. 37 s 70 sch Division 2A—Children div 2A (s 50A) ins 2005 No. 28 s 28 Disclosure that may reasonably be expected to be of substantial concern s 51 amd 2005 No. 28 s 29 Internal review s 52 amd 1993 No. 32 s 3 sch 1; 1993 No. 59 s 6; 2001 No. 70 s 3 sch sub 2005 No. 28 s 30 Who is aggrieved by a decision for s 52 s 52A ins 2005 No. 28 s 30 amd 2005 No. 70 s 100 Person may apply for amendment of information s 53 sub 2005 No. 28 s 31 Form of application for amendment of information s 54 sub 2005 No. 28 s 31 Transfer of applications s 54A ins 2005 No. 28 s 31 Refusal to deal with application—agency’s or Minister’s functions s 54B ins 2005 No. 28 s 31 What an agency or Minister must do before refusing to deal with application under s 54B s 54C ins 2005 No. 28 s 31 Refusal to deal with application—previous application for same amendment s 54D ins 2005 No. 28 s 31 Discretion to amend information s 54E ins 2005 No. 28 s 31 Amendment of information by alteration or notation s 55 prov hdg sub 2005 No. 28 s 32
158 Freedom of Information Act 1992 Time within which agency or Minister must notify applicant s 57 amd 2005 No. 28 s 33; 2007 No. 55 s 46 Extended processing period s 57A ins 2007 No. 55 s 47 Decision to be made by authorised person and reasons given s 58 amd 2007 No. 55 s 48 Particular notations required to be added s 59 sub 2005 No. 28 s 34 amd 2007 No. 37 s 72 Internal review s 60 sub 2005 No. 28 s 35 PART 5—EXTERNAL REVIEW OF DECISIONS Division 1—Conduct of review div hdg prev div 1 hdg om 2005 No. 28 s 36(1) pres div 1 hdg (prev div 4 hdg) renum 2005 No. 28 s 37 Information Commissioner s 61 amd 1996 No. 37 s 147 sch 2; 2001 No. 73 s 108 sch 2 om 2005 No. 28 s 36(1) Terms and conditions of appointment s 62 om 2005 No. 28 s 36(1) Remuneration of commissioner s 63 om 2005 No. 28 s 36(1) Leave of absence s 64 om 2005 No. 28 s 36(1) Outside employment s 65 om 2005 No. 28 s 36(1) Resignation s 66 om 2005 No. 28 s 36(1) Suspension and removal of the commissioner s 67 sub 1995 No. 38 s 35 sch 1 om 2005 No. 28 s 36(1) Acting commissioner s 68 om 2005 No. 28 s 36(1) Oath of office s 69 om 2005 No. 28 s 36(1) Officers s 70 amd 1996 No. 37 s 147 sch 2 sub 2001 No. 73 s 109 om 2005 No. 28 s 36(1)
159 Freedom of Information Act 1992 Secondment s 70A ins 2001 No. 73 s 109 om 2005 No. 28 s 36(1) Temporary and casual employees s 70B ins 2001 No. 73 s 109 om 2005 No. 28 s 36(1) Performance of functions by officers of ombudsman s 70C ins 2001 No. 73 s 109 om 2005 No. 28 s 36(1) Division 2A—Preservation of rights div 2A (ss 70D–70F) ins 2001 No. 73 s 109 om 2005 No. 28 s 36(1) Division 3—Functions of Information Commissioner div hdg om 2005 No. 28 s 36(2) Functions of commissioner s 71 amd 1993 No. 32 s 3 sch 1; 2001 No. 70 s 3 sch; 2004 No. 8 s 22 om 2005 No. 28 s 36(2) Applications for review s 73 amd 1993 No. 32 s 3 sch 1; 2005 No. 28 s 38 Agency or Minister to be informed of application for review of deemed decision s 73A ins 2007 No. 55 s 49 Agency or Minister to be informed before review of decision prov hdg sub 2007 No. 55 s 50 s 74 amd 1993 No. 59 s 7 sub 2005 No. 28 s 39 Inspection by commissioner of documents from agency or Minister s 76 sub 2005 No. 28 s 40 Commissioner may decide not to review s 77 sub 2005 No. 28 s 40 Applications where decisions delayed s 79 amd 1993 No. 32 s 3 sch 1 sub 2005 No. 28 s 41 Onus s 81 sub 2005 No. 28 s 42 Conduct of reviews s 83 amd 1993 No. 59 s 8; 2005 No. 28 s 43 Review of Minister’s certificates s 84 amd 2004 No. 8 s 23 False or misleading information s 86A ins 2005 No. 28 s 44
160 Freedom of Information Act 1992 Commissioner to ensure non-disclosure of particular matter s 87 amd 2004 No. 8 s 24 sub 2005 No. 28 s 44 Exception for successful challenge of s 35 notice s 87A ins 2005 No. 28 s 44 Powers of commissioner on review s 88 amd 2001 No. 70 s 3 sch sub 2005 No. 28 s 44 Decisions of commissioner s 89 amd 1993 No. 59 s 9 Correction of mistakes in decisions s 89A ins 2005 No. 28 s 45 Division 2—Miscellaneous div hdg prev div 2 hdg sub 2001 No. 73 s 109 om 2005 No. 28 s 36(1) pres div 2 hdg (prev div 5 hdg) renum 2005 No. 28 s 37 Delegation s 90 amd 2004 No. 8 s 25 Secrecy s 93 amd 2005 No. 28 s 46 Failure to produce documents or attend proceedings s 94 amd 2005 No. 28 s 47 Vexatious applicants s 96A ins 2005 No. 28 s 48 Declaration may be varied or revoked s 96B ins 2005 No. 28 s 48 Third party proceedings s 99A ins 2005 No. 28 s 49 Reports of commissioner s 101 amd 1995 No. 38 s 35 sch 1; 2005 No. 28 s 50 PART 5A—OFFICE OF THE INFORMATION COMMISSIONER pt hdg ins 2005 No. 28 s 51 Division 1—General div 1 (ss 101A–101F) ins 2005 No. 28 s 51 Division 2—Information Commissioner div 2 (ss 101G–101P) ins 2005 No. 28 s 51 Division 3—Commissioner may be removed or suspended from office div 3 (ss 101Q–101U) ins 2005 No. 28 s 51 Division 4—Staff of the office div 4 (ss 101V–101W) ins 2005 No. 28 s 51
161 Freedom of Information Act 1992 Precautions s 105 amd 2005 No. 28 s 52 Offence of unlawful access s 106 amd 2005 No. 28 s 53 Application of Ombudsman Act prov hdg amd 2001 No. 73 s 108 sch 2 s 107 amd 2001 No. 73 s 108 sch 2 Report to Legislative Assembly by agencies and Ministers s 108 amd 1996 No. 79 s 44; 2001 No. 70 s 3 sch; 2005 No. 28 s 54 Strategic review of commissioner s 108A ins 1999 No. 85 s 5 sub 2001 No. 73 s 110 amd 2001 No. 81 s 141 Conduct of strategic review s 108AA ins 2001 No. 73 s 110 Report of strategic review s 108AB ins 2001 No. 73 s 110 amd 2001 No. 81 s 142 Combining strategic reviews s 108B ins 1999 No. 85 s 5 amd 2001 No. 73 s 108 sch 2 om 2005 No. 70 s 101 Functions of parliamentary committee s 108C ins 2005 No. 28 s 55 Regulation-making power s 109 amd 2001 No. 70 s 6 sub 2005 No. 28 s 56 PART 7—TRANSITIONAL PROVISIONS pt hdg prev pt 7 hdg ins 1995 No. 5 s 4 exp 23 March 1996 (see s 111) pres pt 7 hdg ins 2001 No. 73 s 111 sub 2005 No. 70 s 102 Division 1—Provision for Ombudsman Act 2001 div hdg ins 2005 No. 70 s 102 om 2007 No. 37 s 70 sch Strategic review s 110 orig s 110 ins 1995 No. 5 s 4 exp 23 March 1996 (see s 111) AIA s 20A applies (see s 110(4)) prev s 110 ins 2001 No. 73 s 111 om 2007 No. 37 s 70 sch
162 Freedom of Information Act 1992 PART 8—TRANSITIONAL PROVISION FOR TERRORISM (COMMUNITY SAFETY) AMENDMENT ACT 2004 pt hdg ins 2004 No. 8 s 26 om 2005 No. 70 s 103 Division 2—Provision for Terrorism (Community Safety) Amendment Act 2004 div hdg ins 2005 No. 70 s 103 Matter relating to national or State security s 111 prev s 111 ins 1995 No. 5 s 4 exp 23 March 1996 (see s 111) pres s 111 ins 2004 No. 8 s 26 PART 9—TRANSITIONAL PROVISION FOR INFRASTRUCTURE AMENDMENT ACT 2004 pt hdg om 2005 No. 70 s 104 TRANSPORT Division 3—Provision for Transport Infrastructure Amendment Act 2004 div hdg ins 2005 No. 70 s 104 Application for access to particular documents s 112 ins 2004 No. 54 s 14 PART 10—TRANSITIONAL PROVISIONS FOR FREEDOM OF INFORMATION AND OTHER LEGISLATION AMENDMENT ACT 2005 pt hdg ins 2005 No. 28 s 57 om 2005 No. 70 s 105 Division 4—Provisions for FreedomofInformationandOtherLegislationAmendment Act 2005 div hdg ins 2005 No. 70 s 105 Definition for div 4 prov hdg amd 2007 No. 55 s 51(1) s 113 ins 2005 No. 28 s 57 amd 2007 No. 55 s 51(2) Application of amendments to existing applications s 114 ins 2005 No. 28 s 57 Application of particular amendments to reviews etc. s 115 ins 2005 No. 28 s 57 Charges for existing applications for access s 116 ins 2005 No. 28 s 57 Continuation of appointment as commissioner s 117 ins 2005 No. 28 s 57 Continuation of current staff member’s employment under Public Service Act 1996 s 118 ins 2005 No. 28 s 57 Report to Legislative Assembly s 119 ins 2005 No. 28 s 57 Reports of commissioner s 120 ins 2005 No. 28 s 57
163 Freedom of Information Act 1992 Amendment of regulation by FreedomofInformationandOtherLegislationAmendment Act 2005 does not affect powers of Governor in Council s 121 ins 2005 No. 28 s 57 Re-enactment of regulation-making power does not affect validity of Freedom ofInformation Regulation 1992 s 122 ins 2005 No. 28 s 57 PART 11—TRANSITIONAL PROVISION FOR STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION AND OTHER LEGISLATION AMENDMENT ACT 2005 pt hdg ins 2005 No. 57 s 67 om 2007 No. 55 s 52 Division 5—Provision for State Development and Public Works Organisation andOther Legislation Amendment Act 2005 div hdg ins 2007 No. 55 s 52 Application of amendment of definition “department” s 123 ins 2005 No. 57 s 67 Division 6—Provisions for Judicial Remuneration Act 2007, part 5, division 4 div 6 (ss 124–125) ins 2007 No. 55 s 53 SCHEDULE 1—SECRECY PROVISIONS GIVING EXEMPTION ins 1994 No. 34 s 6 amd 1994 No. 68 s 62 sch 4; 1995 No. 19 s 23; 1999 No. 10 s 205 sch 3; 1999 No. 55 s 10; 1999 No. 73 s 179 sch 3; 2001 No. 69 s 378 sch 1; 2001 No. 72 s 164 sch 1; 1992 No. 44 s 341 sch 3 (ins 2002 No. 39 ss 115, 118) (amdt could not be given effect); 2003 No. 19 s 3 sch; 2003 No. 77 s 77B; 2003 No. 79 s 170 sch 1; 2003 No. 83 s 68 sch 1; 2004 No. 19 s 131; 2004 No. 54 s 15; 2004 No. 52 s 93; 2005 No. 28 s 58; 2005 No. 25 s 8(2) SCHEDULE 2—APPLICATION OF ACT TO GOCS ins 1994 No. 38 s 17 amd 1994 No. 64 s 293 sch 4; 1995 No. 32 s 23 sch; 1996 No. 29 s 97 sch 2; 1997 No. 82 s 3 sch; 2000 No. 34 s 1145 sch 3; 1994 No. 8 s 491(3) sch 5 (amd 2003 No. 54 ss 34, 39); 2005 No. 28 s 59; 2008 No. 67 s 119 SCHEDULE 3—APPLICATION OF ACT TO OTHER ACTS ins 2005 No. 28 s 60 amd 2006 No. 45 s 74 sch 4; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86); 2006 No. 39 s 512(1) sch 1; 2007 No. 37 s 70 sch SCHEDULE 4—PROCESS FOR ASSESSMENT OF CHARGES sch hdg ins 2005 No. 28 s 61 PART 1—PRELIMINARY ASSESSMENT PROCESS pt 1 (ss 1–2) ins 2005 No. 28 s 61 PART 2—OBJECTION PROCESS pt 2 (ss 3–7) ins 2005 No. 28 s 61 PART 3—FINANCIAL HARDSHIP PROCESS pt hdg ins 2005 No. 28 s 61
164 Freedom of Information Act 1992 Concession card given and accepted s 8 ins 2005 No. 28 s 61 amd 2005 No. 70 s106 Concession card given but not accepted s 9 ins 2005 No. 28 s 61 Financial hardship claim by non-profit organisation prov hdg amd 2005 No. 70 s 107(1) s 10 ins 2005 No. 28 s 61 amd 2005 No. 70 s 107(2) PART 4—FINAL ASSESSMENT PROCESS pt 4 (s 11) ins 2005 No. 28 s 61 8 Preambles from amending legislation Freedom of Information Amendment Act 1993 No. 59 reads, in part, as follows— Whereas— (1) The Westminster system of government is based on the responsibility of Cabinet to Parliament and Parliament to the electorate; (2) The purpose of the convention of Ministerial responsibility under the Westminster system is to secure the collective responsibility of Ministers to Parliament; (3) The collective responsibility of Ministers is only possible if Cabinet debate is candid and unrestricted; (4) An object of Parliament in enacting the Freedom of Information Act 1992 was to ensure that the convention of Ministerial responsibility was preserved; (5) It is, therefore, the intention of Parliament to make provision, by amendments included in the amendments made by this Act, to remove any doubt that Cabinet documents and discussions are to receive a level of confidentiality appropriate to preserving the convention of Ministerial responsibility intended by Parliament;
165 Freedom of Information Act 1992 Freedom of Information (Review of Secrecy Provision Exemption) Amendment Act1994 No. 34 reads, in part, as follows— Parliament’s reasons for enacting this Act are— 1. In order to balance openness against legitimate claims for secrecy in the interest of people about whom the Government holds information and in the public interest, the Freedom of Information Act 1992 (the “FOI Act” ) allows exemptions from access to certain matters. 2. Section 48 of the FOI Act makes matter exempt if it falls within the terms of a specified type of secrecy provision (a “section 48 secrecy provision” ) and its disclosure would, on balance, be contrary to public interest. 3. The exemption in section 48 operates only for 2 years from the FOI Act’s date of assent on 19 August 1992. 4. On a reference from the Government, the Queensland Law Reform Commission has reviewed existing secrecy provisions in Queensland legislation identified by Government departments. 5. The purpose of the review was to— (a) identify section 48 secrecy provisions; and (b) recommend whether the exemption from access given by each section 48 secrecy provision should continue. 6. As a result of its review, the Commission recommended that the exemption from access given by the section 48 secrecy provision in certain Acts should continue. 7. The Parliament of Queensland accepts the recommendation. 8. The Parliament of Queensland also considers the exemption from access given by the section 48 secrecy provision in section 83 of the Criminal Justice Act 1989 should continue. © State of Queensland 2009
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Freedom of Information Act 1992 (Qld)
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