Freedom of Information and Other Legislation Amendment Act 2005 (Qld)

Queensland Freedom of Information and Other Legislation Amendment Act 2005 Act No. 28 of 2005

Queensland Freedom of Information and Other Legislation Amendment Act 2005 Contents Chapter 1 1 2 Chapter 2 Part 1 3 4 5 6 7 8 9 10 11 12 13 14 15 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Freedom of information amendments Amendment of Freedom of Information Act 1992 Act amended in pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Replacement of ss 4 and 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 Object of Act and its achievement . . . . . . . . . . . . . . . 12 Amendment of s 7 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of s 8 (Meaning of agency) . . . . . . . . . . . . . . . . . . . 15 Amendment of s 9 (Meaning of public authority) . . . . . . . . . . . . . 16 Insertion of new s 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 9A Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of s 11 (Act not to apply to certain bodies etc.) . . . . 16 Insertion of new ss 11D–11E . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 11D Application of Act to other Acts . . . . . . . . . . . . . . . . . 20 11E Application of Act to offenders . . . . . . . . . . . . . . . . . . 20 Amendment of s 18 (Publication of information concerning affairs of agencies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Amendment of s 20 (Notices to require specification of documents in statements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Amendment of s 22 (Documents to which access may be refused) ...................................... 22 Amendment of s 25 (How applications for access are made) . . . 22 Replacement of s 25 (How applications for access are made) . . 23 25 How applications for access are made. . . . . . . . . . . . 23

2 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 25A Initial duties of agency or Minister in relation to application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 16 Amendment of s 26 (Transfer of applications) . . . . . . . . . . . . . . . 26 17 Amendment of s 27 (How applications are dealt with) . . . . . . . . . 27 18 Insertion of new s 28B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 28B Refusal of access—document nonexistent or unlocatable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 19 Replacement of ss 28–29D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 27A Calculation of appropriate period for s 27 . . . . . . . . . 28 28 Refusal of access—matter or document exempt . . . . 30 28A Refusal of access—document nonexistent or unlocatable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 29 Refusal to deal with application—agency’s or Minister’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 29A What an agency or Minister must do before refusing to deal with application under s 29 . . . . . . . . . . . . . . . 32 29B Refusal to deal with application—previous application for same documents. . . . . . . . . . . . . . . . . 34 20 Insertion of new s 31A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 31A Time limit for access. . . . . . . . . . . . . . . . . . . . . . . . . . 36 21 Replacement of s 33 (Persons who are to make decisions for agencies and Ministers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 33 Persons who are to make decisions for agencies and Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 22 Amendment of s 34 (Notification of decisions and reasons) . . . . 37 23 Insertion of new pt 3, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Division 1A Fees and charges 35A Meaning of financial hardship. . . . . . . . . . . . . . . . . . . 38 35B Fees and charges for access to documents not concerning personal affairs . . . . . . . . . . . . . . . . . . . . 39 35C Waiver of fees and charges . . . . . . . . . . . . . . . . . . . . 40 35D Process for assessment of charges . . . . . . . . . . . . . . 40 35E Refund of excess payment . . . . . . . . . . . . . . . . . . . . . 40 24 Amendment of s 42 (Matter relating to law enforcement or public safety) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 25 Amendment of s 44 (Matter affecting personal affairs). . . . . . . . . 42 26 Amendment of s 45 (Matter relating to trade secrets, business affairs and research). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 27 Amendment of s 46 (Matter communicated in confidence) . . . . . 43 28 Insertion of new pt 3, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

3 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 Division 2A Children 50A Applications on behalf of children and matters affecting personal affairs of children. . . . . . . . . . . . . . 44 29 Amendment of s 51 (Disclosure that may reasonably be expected to be of substantial concern). . . . . . . . . . . . . . . . . . . . . 46 30 Replacement of s 52 (Internal review) . . . . . . . . . . . . . . . . . . . . . 47 52 Internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 52A Who is aggrieved by a decision for s 52 . . . . . . . . . . . 49 31 Replacement of ss 53 and 54. . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 53 Person may apply for amendment of information . . . . 51 54 Form of application for amendment of information . . . 51 54A Transfer of applications. . . . . . . . . . . . . . . . . . . . . . . . 52 54B Refusal to deal with application—agency’s or Minister’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 54C What an agency or Minister must do before refusing to deal with application under s 54B. . . . . . . . . . . . . . 54 54D Refusal to deal with application—previous application for same amendment . . . . . . . . . . . . . . . . 56 54E Discretion to amend information. . . . . . . . . . . . . . . . . 57 32 Amendment of s 55 (Agency or Minister may amend information) 58 33 Amendment of s 57 (Time within which agency or Minister must notify applicant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 34 Replacement of s 59 (Certain notations required to be added) . . 59 59 Particular notations required to be added . . . . . . . . . 59 35 Replacement of s 60 (Internal review) . . . . . . . . . . . . . . . . . . . . . 60 60 Internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 36 Omission of pt 5, divs 1–3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 37 Renumbering of pt 5, divs 4 and 5 . . . . . . . . . . . . . . . . . . . . . . . . 62 38 Amendment of s 73 (Applications for review) . . . . . . . . . . . . . . . . 62 39 Replacement of s 74 (Commissioner to notify) . . . . . . . . . . . . . . 62 74 Commissioner to notify agency or Minister . . . . . . . . 63 40 Replacement of ss 76 and 77. . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 76 Inspection by commissioner of documents from agency or Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 77 Commissioner may decide not to review . . . . . . . . . . 64 41 Replacement of s 79 (Applications where decisions delayed) . . . 65 79 Applications where decisions delayed . . . . . . . . . . . . 65 42 Replacement of s 81 (Onus to lie with agencies and Ministers). . 66

4 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 81 Onus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 43 Amendment of s 83 (Conduct of reviews) . . . . . . . . . . . . . . . . . . 67 44 Replacement of ss 87 and 88. . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 86A False or misleading information . . . . . . . . . . . . . . . . . 67 87 Commissioner to ensure non-disclosure of particular matter . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 87A Exception for successful challenge of s 35 notice . . . 68 88 Powers of commissioner on review . . . . . . . . . . . . . . 69 45 Insertion of new s 89A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 89A Correction of mistakes in decisions . . . . . . . . . . . . . . 69 46 Amendment of s 93 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 47 Amendment of s 94 (Failure to produce documents or attend proceedings). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 48 Insertion of new ss 96A and 96B . . . . . . . . . . . . . . . . . . . . . . . . . 70 96A Vexatious applicants. . . . . . . . . . . . . . . . . . . . . . . . . . 70 96B Declaration may be varied or revoked . . . . . . . . . . . . 71 49 Insertion of new s 99A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 99A Third party proceedings . . . . . . . . . . . . . . . . . . . . . . . 72 50 Amendment of s 101 (Reports of commissioner) . . . . . . . . . . . . . 72 51 Insertion of new pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Part 5A Office of the Information Commissioner Division 1 General 101A The Information Commissioner and Office. . . . . . . . . 73 101B Office is a statutory body . . . . . . . . . . . . . . . . . . . . . . 73 101C Functions of commissioner. . . . . . . . . . . . . . . . . . . . . 73 101D Control of the office . . . . . . . . . . . . . . . . . . . . . . . . . . 76 101E Commissioner not subject to direction . . . . . . . . . . . . 76 101F Budget and performance . . . . . . . . . . . . . . . . . . . . . . 76 Division 2 Information Commissioner 101G Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 101H Procedure before appointment . . . . . . . . . . . . . . . . . . 77 101I Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . 77 101J Remuneration and conditions. . . . . . . . . . . . . . . . . . . 78 101K Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 101L Preservation of rights if public service officer appointed ............................. 78 101M Oath before performing duties . . . . . . . . . . . . . . . . . . 79

5 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 101N Restriction on outside employment . . . . . . . . . . . . . . 79 101O Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 101P Acting commissioner . . . . . . . . . . . . . . . . . . . . . . . . . 79 Division 3 Commissioner may be removed or suspended from office 101Q Grounds for removal or suspension from office . . . . . 80 101R Removal of commissioner on address . . . . . . . . . . . . 80 101S Suspension of commissioner on address. . . . . . . . . . 81 101T Suspension of commissioner if Assembly not sitting . 82 101U ActsInterpretationAct1954 . . . . . . . . . . . . . . . . . . . . 83 Division 4 Staff of the office 101V Staff employed under PublicServiceAct1996 . . . . . 83 101W Staff subject only to direction of commissioner . . . . . 83 52 Amendment of s 105 (Precautions) . . . . . . . . . . . . . . . . . . . . . . . 83 53 Amendment of s 106 (Offence of unlawful access) . . . . . . . . . . . 84 54 Amendment of s 108 (Report to Legislative Assembly by agencies and Ministers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 55 Insertion of new s 108C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 108C Functions of parliamentary committee . . . . . . . . . . . . 85 56 Replacement of s 109 (Regulations) . . . . . . . . . . . . . . . . . . . . . . 86 109 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . 86 57 Insertion of new pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Part 10 Transitional provisions for Freedom of Information and Other Legislation Amendment Act 2005 113 Definition for pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 114 Application of amendments to existing applications . . 87 115 Application of particular amendments to reviews etc. 88 116 Charges for existing applications for access . . . . . . . 89 117 Continuation of appointment as commissioner . . . . . 89 118 Continuation of current staff member’s employment under Public Service Act 1996 . . . . . . . . . . . . . . . . . . 89 119 Report to Legislative Assembly . . . . . . . . . . . . . . . . . 91 120 Reports of commissioner . . . . . . . . . . . . . . . . . . . . . . 91 121 Amendment of regulation by Freedom of Information and Other Legislation Amendment Act 2005 does not affect powers of Governor in Council . . . . . . . . . . 91

58 59 60 61 Part 2 62 63 64 65 Part 3 66 67 6 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 122 Re-enactment of regulation-making power does not affect validity of Freedom of Information Regulation1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 1 (Secrecy provisions giving exemption) . . . . Amendment of sch 2 (Application of Act to GOCs) . . . . . . . . . . . Insertion of new sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 3 Application of Act to other Acts Insertion of new sch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 4 Process for assessment of charges 1 Preliminary assessment of charges . . . . . . . . . . . . . . 2 Deemed withdrawal of application . . . . . . . . . . . . . . . 3 Objection notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 New preliminary assessment notice. . . . . . . . . . . . . . 5 Notice that charges waived . . . . . . . . . . . . . . . . . . . . 6 Notice of other decision . . . . . . . . . . . . . . . . . . . . . . . 7 Deemed decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Concession card given and accepted . . . . . . . . . . . . 9 Concession card given but not accepted . . . . . . . . . . 10 Financial hardship claim if agency is a department . . 11 Final assessment notice. . . . . . . . . . . . . . . . . . . . . . . Amendment of FreedomofInformationRegulation1992 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of ss 5 and 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 7 to 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amount of charges—Act, s 7, definitions access charge and processing charge . . . . . . . . . . . . . . . . . . 8 No charge for less than 2 hours . . . . . . . . . . . . . . . . . 9 No charge for particular search and retrieval time . . . 10 Deposit—Act, s 35B(6). . . . . . . . . . . . . . . . . . . . . . . . 11 Prescribed person—Act, sch 4, s 10(6) . . . . . . . . . . . Replacement of schedule (Charges) . . . . . . . . . . . . . . . . . . . . . . Amendment of LotteriesAct1997 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 225A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225A Golden Casket Lottery Corporation Limited exemption from application of Freedom ofInformationAct1992 . . . . . . . . . . . . . . . . . . . . . . . . . 92 92 92 92 94 94 95 95 96 97 97 98 98 99 99 100 101 101 102 102 102 102 103 103 103 104 105 105

Part 4 68 69 70 Part 5 71 72 73 74 75 76 Part 6 77 78 79 Part 7 80 81 Chapter 3 Part 1 82 83 84 85 86 86A 7 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 Amendment of Public Records Act 2002 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 16 (Meaning of restricted access period) . . . . . Amendment of s 18 (Public access to public records) . . . . . . . . . Amendment of Public Sector Ethics Act 1994 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 28 (Functions of integrity commissioner) . . . . . Amendment of s 33 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 33A and 33B . . . . . . . . . . . . . . . . . . . . . . . . . 33B Authorisation of particular disclosures—ethics or integrity issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 34 (Authorisation of particular disclosures) . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Public Service Act 1996 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 11, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4 Transitional provision for Freedom of Information and Other Legislation Amendment Act 2005 147 Amendment of regulation by Freedom of Information and Other Legislation Amendment Act 2005 does not affect powers of Governor in Council . . . . . . . . . . Amendment of sch 1 (Public service offices and their heads) . . . Amendment of PublicServiceRegulation1997 Regulation amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of s 30 (Declared government entity and declared public sector unit—Act, ss 20 and 21) . . . . . . . . . . . . . . . . . . . . . Other Amendments Amendment of Legal Profession Act 2004 Act amended in pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 281 (Orders to be filed in Supreme Court and information notices to be given to parties etc.). . . . . . . . . . . . . . . Amendment of s 293 (Appeal to tribunal against committee’s decision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 470 (Conduct of committee for hearing and deciding discipline applications) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of ch 8, pt 5, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 610 (Continuation of rules of the law society) . . 105 105 106 106 106 106 107 107 108 108 109 109 109 109 110 110 110 110 111 111 111 111

87 88 Part 2 89 90 Part 3 91 92 93 94 95 8 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 Replacement of s 616 (Records of Solicitors’ Board and Barristers’ Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 616 Records of Solicitors’ Board and Barristers’ Board . . Insertion of ch 8, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 6 Transitional provision for Freedom of Information and Other Legislation Amendment Act 2005 644 Amendment of regulation does not affect powers of Governor in Council . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of LegalProfessionRegulation2004 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of ss 33 and 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Standard Time Act 1894 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 3 (The time of the 150th meridian to be standard time) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Standard time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Transitional provision for Freedom of Information and Other Legislation Amendment Act 2005 . . . . . . . 112 112 112 112 113 113 113 113 113 114 114 114 114

Queensland Freedom of Information and Other Legislation Amendment Act 2005 Act No. 28 of 2005 An Act to amend the Freedom of Information Act 1992 and other legislation [Assented to 31 May 2005]

s 1 10 s 2 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 The Parliament of Queensland enacts— Chapter 1 Preliminary 1 Short title This Act may be cited as the Freedom of Information and Other Legislation Amendment Act 2005 . 2 Commencement (1) The following provisions commence on 1 July 2005— • section 36(1); 1 • section 51, other than to the extent it inserts new section 101C; 2 • section 57 to the extent it inserts new sections 117 and 118; 3 • chapter 2, parts 6 and 7. 4 (2) Chapter 3, part 3 5 commences on 1 September 2005. (3) The remaining provisions, other than the prescribed provisions, commence on a day to be fixed by proclamation. Note — The prescribed provisions commence on assent—see the ActsInterpretation Act 1954 , section 15A. (4) In this section— 1 Section 36 (Omission of pt 5, divs 1–3) 2 Section 51 (Insertion of new pt 5A), new section 101C (Functions of commissioner) 3 Section 57 (Insertion of new pt 10), new sections 117 (Continuation of appointment as commissioner) and 118 (Continuation of current staff member’s employment under Public Service Act 1996) 4 Chapter 2 (Freedom of information amendments), parts 6 (Amendment of PublicService Act 1996) and 7 (Amendment of Public Service Regulation 1997) 5 Chapter 3 (Other amendments), part 3 (Amendment of Standard Time Act 1894)

s 2 11 s 2 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 prescribed provisions means the following provisions— • section 3 6 • section 5(1) 7 to the extent it inserts the definition backup system • sections 8, 9 and 10 8 • sections 13 and 14 9 • section 18 10 • sections 24, 25, 26 and 27 11 • section 57 to the extent it inserts the new part 10 heading and sections 113, 114 and 115 12 • sections 58, 59, 60, 62 and 63 13 • chapter 2, parts 3 to 5 14 • chapter 3, parts 1 and 2. 15 6 Section 3 (Act amended in pt 1) 7 Section 5 (Amendment of s 7 (Definitions)) 8 Sections 8 (Insertion of new s 9A), 9 (Amendment of s 11 (Act not to apply to certain bodies etc.)) and 10 (Insertion of new ss 11D–11E) 9 Sections 13 (Amendment of s 22 (Documents to which access may be refused)) and 14 (Amendment of s 25 (How applications for access are made)) 10 Section 18 (Insertion of new s 28B) 11 Sections 24 (Amendment of s 42 (Matter relating to law enforcement or public safety)), 25 (Amendment of s 44 (Matter affecting personal affairs)), 26 (Amendment of s 45 (Matter relating to trade secrets, business affairs and research)) and 27 (Amendment of s 46 (Matter communicated in confidence) 12 Section 57 (Insertion of new pt 10), new sections 113 (Definition for pt 10), 114 (Application of amendments to existing applications) and 115 (Application of particular amendments to reviews etc.) 13 Sections 58 (Amendment of sch 1 (Secrecy provisions giving exemption)), 59 (Amendment of sch 2 (Application of Act to GOCs)), 60 (Insertion of new sch 3), 62 (Regulation amended in pt 2) and 63 (Omission of ss 5 and 5A) 14 Chapter 2 (Freedom of information amendments), parts 3 (Amendment of LotteriesAct 1997), 4 (Amendment of Public Records Act 2002) and 5 (Amendment of Public Sector Ethics Act 1994)

s 3 12 s 4 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 Chapter 2 Freedom of information amendments Part 1 Amendment of Freedom of Information Act 1992 3 Act amended in pt 1 This part amends the Freedom of Information Act 1992. 4 Replacement of ss 4 and 5 Sections 4 and 5— omit, insert— ‘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 15 Chapter 3 (Other amendments), parts 1 (Amendment of Legal Profession Act 2004) and 2 (Amendment of Legal Profession Regulation 2004)

s 5 13 s 5 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 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 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).’. 5 Amendment of s 7 (Definitions) (1) Section 7— insert—

s 5 14 s 5 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 ‘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. 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— (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. 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. final assessment notice see schedule 4, section 11(1). financial hardship see section 35A. objection notice see schedule 4, section 3(2). office means the Office of the Information Commissioner. 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. preliminary assessment notice , see schedule 4, section 1(2).

s 6 15 s 6 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 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.’. (2) Section 7, definition charge , ‘under section 29(1)’— omit. (3) Section 7, definition document , after paragraph (c)— insert— ‘Note — Under the ActsInterpretationAct1954 , section 36, document includes— (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).’. (4) Section 7, definition official document of a Minister or official document of the Minister , after ‘means a document’— insert— ‘, other than a document of an agency,’. 6 Amendment of s 8 (Meaning of agency ) Section 8(2)— omit, insert— ‘(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 (b) a reference to an agency includes a reference to a body that is taken to be comprised within the agency.’.

s 7 16 s 9 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 7 Amendment of s 9 (Meaning of public authority ) (1) Section 9(1), definition public authority , paragraph (a)(ii)— omit, insert— ‘(ii) is established by government under an enactment for a public purpose, whether or not the public purpose is stated in the enactment; or’. (2) Section 9(1), definition public authority , ‘; but does not include’ to ‘of this Act’— omit. (3) Section 9(2)— omit. (4) Section 9(3)— renumber as section 9(2). 8 Insertion of new s 9A Part 1, division 3, after section 9— insert— ‘9A Notes in text ‘A note in the text of this Act is part of the Act.’. 9 Amendment of s 11 (Act not to apply to certain bodies etc.) (1) Section 11(1)(e)— omit, insert— ‘ ( 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’. (2) Section 11(1)— insert—

s 9 17 s 9 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 ‘(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’. (3) Section 11(1)(n)— omit, insert— ‘(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’. (4) Section 11(1)(q)— omit, insert— ‘(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 formed under the Education (General Provisions) Act 1989 ; or

s 9 18 s 9 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 (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; (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 .’. (5) Section 11(1)(pa)— renumber as section 11(1)(q). (6) Section 11(2)— omit, insert—

s 9 19 s 9 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 ‘(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 a certificate, issued under the repealed Education (Senior Secondary School Studies) Act1988 or the Education(QueenslandStudiesAuthority)Act2002 , recording details of a person’s achievement in the study of an area of learning. 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. 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 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.’.

s 10 20 s 10 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 10 Insertion of new ss 11D–11E After section 11C— insert— ‘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 ‘(1) An offender is not entitled to obtain access to a risk assessment document received, or brought into existence, by— (a) the department in which the CorrectiveServicesAct2000 is administered; or (b) a corrections board as defined under that Act. ‘(2) In this section— offender means an offender as defined under the CorrectiveServices Act 2000 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. Note — Under the Corrective Services Act 2000 , schedule 3, offender means— (a) a prisoner; or (b) a person who is subject to— (i) a community based order; or (ii) a conditional release order; or (iii) a post-prison community based release order. period of imprisonment see the Penalties and Sentences Act1992 , section 4. prescribed offence means—

s 11 21 s 11 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 (a) an offence against a provision mentioned in the Penalties and Sentences Act 1992 , schedule; 16 or Note — See the Penalties and Sentences Act 1992 , section 208(2). (b) an offence against the Criminal Code, section 302; 17 or (c) an offence against the Criminal Code, section 359E. 18 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 2000 . Example for paragraph (a)— a document prepared to help the chief executive make a decision under the CorrectiveServicesAct2000 , section 12(3)(a), 57(2)(b), 75(2)(a) or 76(3)(a) 19 term of imprisonment see the PenaltiesandSentencesAct1992 , section 4.’. 11 Amendment of s 18 (Publication of information concerning affairs of agencies) Section 18(2)— insert— ‘(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.’. 16 Penalties and Sentences Act 1992 , schedule (Serious violent offences) 17 Criminal Code, section 302 (Definition of murder ) 18 Criminal Code, section 359E (Punishment of unlawful stalking) 19 Corrective Services Act 2000 , section 12 (Prisoner classifications), 57 (Eligibility for WORC and WCC programs), 75 (Eligibility for remission) or 76 (Eligibility for conditional release)

s 12 22 s 14 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 12 Amendment of s 20 (Notices to require specification of documents in statements) Section 20— insert— ‘(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.’. 13 Amendment of s 22 (Documents to which access may be refused) (1) Section 22(a) and (b)— omit, insert— ‘(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’. (2) Section 22(e)— omit. (3) Section 22(c) and (d)— renumber as section 22(b) and (c). 14 Amendment of s 25 (How applications for access are made) Section 25— insert— ‘(5) The application is taken only to apply to documents that are, or may be, in existence on the day the application is received. ‘(6 ) However, subsection (5) 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 ). 20 20 Section 34 (Notification of decisions and reasons)

s 15 23 s 15 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 ‘(7) 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 21 in relation to a decision about the document made in relation to the application concerned. ‘(8) The application for access to a document may not require an agency or Minister to search for the document from a backup system. ‘(9) However, subsection (8) 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 28B except in the circumstances mentioned in section 28B(4).’. 15 Replacement of s 25 (How applications for access are made) Section 25— omit, insert— ‘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). 21 Section 52 (Internal review) or part 5 (External review of decisions)

s 15 24 s 15 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 ‘(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 (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 (5) 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 ). 22 ‘(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 23 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. 22 Section 34 (Notification of decisions and reasons) 23 Section 52 (Internal review) or part 5 (External review of decisions)

s 15 25 s 15 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 Note — A search for a document from a backup system is not required before access may be refused under section 28B except in the circumstances mentioned in section 28B(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 (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

s 16 26 s 16 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 does not count as part of the appropriate period under section 27. 24 ‘(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 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.’. 16 Amendment of s 26 (Transfer of applications) (1) Section 26(2), ‘(the receiving agency )’— omit, insert— ‘(the original agency )’. (2) Section 26(2)(a), ‘receiving’— omit, insert— ‘original’. (3) Section 26— insert— ‘(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 24 Section 27 (How applications are dealt with)

s 17 27 s 18 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 separate application fee is payable for the transferred part of the application.’. 17 Amendment of s 27 (How applications are dealt with) (1) Section 27(4), ‘the agency or Minister is taken’— omit, insert— ‘the agency’s principal officer or the Minister is taken’. (2) Section 27(4) to (6), as amended— renumber as section 27(5) to (7). (3) Section 27(3)— omit, insert — ‘(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. ‘(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.’. 18 Insertion of new s 28B After section 28A— insert— ‘28B 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

s 19 28 s 19 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 ‘(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 (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.’. 19 Replacement of ss 28–29D Sections 28 to 29D— omit, insert— ‘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—

s 19 29 s 19 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 (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); 25 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 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. 25 Schedule 4 (Process for assessment of charges), section 8 (Concession card given and accepted) or section 9 (Concession card given but not accepted)

s 19 30 s 19 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 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. ‘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 (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—

s 19 31 s 19 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 (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), 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

s 19 32 s 19 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 (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. ‘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

s 19 33 s 19 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 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 ‘(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

s 19 34 s 19 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 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. 26 ‘(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 (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— 26 Section 25A (Initial duties of agency or Minister in relation to application), 29A (What an agency or Minister must do before refusing to deal with application under s 29) or schedule 4 (Process for assessment of charges), section 2 (Deemed withdrawal of application)

s 19 35 s 19 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 (i) is the subject of a review under part 5 27 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 28 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; 29 or (ii) access to the documents may be refused under section 22; 30 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; 31 27 Part 5 (External review of decisions) 28 Section 11 (Act not to apply to certain bodies etc.) or 12 (Application of Act to Information Commissioner) 29 Section 11A (Application of Act to GOCs), 11B (Application of Act to corporatised corporations) or 11C (Application of Act to coronial documents) 30 Section 22 (Documents to which access may be refused) 31 Section 11E (Application of Act to offenders)

s 20 36 s 21 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 (f) the agency or Minister refused access to the documents under section 28A 32 in relation to the earlier application.’. 20 Insertion of new s 31A After section 31— insert — ‘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.’. 21 Replacement of s 33 (Persons who are to make decisions for agencies and Ministers) Section 33— 32 Section 28A (Refusal of access—document nonexistent or unlocatable)

s 22 37 s 22 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 omit, insert— ‘33 Persons who are to make decisions for agencies and Ministers ‘(1) An application to an agency is to be dealt with on behalf of the agency by— (a) if the agency is a department or public authority—the agency’s principal officer; or (b) if the agency is a local government— (i) the agency’s principal officer; or (ii) another officer of the agency who the local government, by resolution, nominates. ‘(2) A nomination under subsection (1)(b)(ii) may be general or limited to a particular application. ‘(3) An application to a Minister may be dealt with by the person the Minister directs, either generally or in a particular case. ‘(4) Under subsection (1)(a), an agency’s principal officer may delegate the power to deal with the application to— (a) another officer of the agency; or (b) if the principal officer of a portfolio agency agrees—the principal officer of the portfolio agency. ‘(5) The principal officer of a portfolio agency may subdelegate a power delegated to him or her under subsection (4)(b). ‘(6) In this section— portfolio agency , in relation to an agency, means another department or public authority that is administered by the Minister who administers the agency.’. 22 Amendment of s 34 (Notification of decisions and reasons) Section 34(2)(b) and (c)— omit, insert—

s 23 38 s 23 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 ‘(b) if access to a document is to be given, the period within which the person may access the document under section 31A; 33 and (c) if access to a document is to be given subject to the deletion of irrelevant matter—that irrelevant matter has been deleted from the document under section 27(3); 34 and’. 23 Insertion of new pt 3, div 1A After section 35— insert— ‘Division 1A Fees and charges ‘35A Meaning of financial hardship ‘(1) An applicant is in financial hardship only if the applicant is— (a) an individual who holds a concession card; or (b) a non-profit organisation in financial hardship. ‘(2) Whether a non-profit organisation is in financial hardship depends on— (a) the nature and size of the organisation’s funding base; and Example for paragraph (a) — The fact an organisation receives significant government funding may indicate its finances are strictly limited. (b) the amount of the original charge compared to the organisation’s financial position, having regard especially to the organisation’s liquid funds. 33 Section 31A (Time limit for access) 34 Section 27 (How applications are dealt with)

s 23 39 s 23 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 Example for paragraph (b) — A charge of up to $100 would normally not be beyond the means of an organisation unless its financial position was extremely limited. ‘(3) In this section— non-profit organisation means an organisation that is not carried on for the profit or gain of its individual members. Examples of entities that may be non-profit organisations— charities, churches, clubs, environment protection societies ‘35B Fees and charges for access to documents not concerning personal affairs ‘(1) This section applies to an applicant applying for access to a document that does not concern the applicant’s personal affairs. ‘(2) The applicant must pay, at the time the application is made, an application fee. ‘(3) The applicant must pay any processing charge and access charge before the applicant is provided access to the document. ‘(4) However, a requirement to pay a processing charge applies even if— (a) access to the document asked for is granted and the applicant does not seek to obtain access to the document within the 60 days, or additional period, mentioned in section 31A; 35 or (b) access to the document asked for is refused under this Act. ‘(5) If the agency or Minister considers it appropriate that the applicant pay a deposit on account of any processing charge or access charge, the applicant must pay any deposit at the time required under schedule 4. 36 35 Section 31A (Time limit for access) 36 Schedule 4 (Process for assessment of charges)

s 24 40 s 24 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 ‘(6) The amount of any deposit is the amount provided for under a regulation. ‘35C Waiver of fees and charges ‘(1) An application fee may not be waived. ‘(2) A processing charge or access charge may be waived only as provided under this Act. ‘(3) A processing charge or access charge must be waived if the agency or Minister considers the applicant is in financial hardship. ‘(4) A processing charge or access charge may also be waived under section 79(2). 37 ‘35D Process for assessment of charges ‘The process for assessment of charges is stated in schedule 4. 38 ‘35E Refund of excess payment ‘If an applicant pays an agency or Minister an amount for processing charges and access charges that is more than the amount of processing charges and access charges ultimately payable under this Act, the agency or Minister must refund the difference to the applicant.’. 24 Amendment of s 42 (Matter relating to law enforcement or public safety) (1) Section 42(1)— insert— ‘(ca) result in a person being subjected to a serious act of harassment or intimidation; or’. 37 Section 79 (Applications where decisions delayed) 38 Schedule 4 (Process for assessment of charges)

s 24 41 s 24 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 (2) Section 42— insert— ‘(3A) Matter is also exempt matter if it consists of information obtained, used or prepared for an investigation by a prescribed crime body, or another agency, in the performance of the prescribed functions of the prescribed crime body. ‘(3B) Matter is not exempt under subsection (3A) in relation to a particular applicant if— (a) it consists of information about the applicant; and (b) the investigation has been finalised. ‘(3C) A reference in this section to a repealed Act includes a reference to the repealed Act as originally enacted and as in force from time to time.’. (3) Section 42(5)— insert— ‘ prescribed crime body means— (a) the Crime and Misconduct Commission; or (b) the former Criminal Justice Commission; or (c) the former Queensland Crime Commission. prescribed functions means— (a) in relation to the Crime and Misconduct Commission—the crime function, and the misconduct functions, within the meaning of the CrimeandMisconduct Act 2001 ; and (b) in relation to the former Criminal Justice Commission—the functions of the former Criminal Justice Commission under the repealed Criminal JusticeAct1989 in relation to organised or major crime or in relation to misconduct or official misconduct within the meaning of that Act; and (c) in relation to the former Queensland Crime Commission—the functions of the former Queensland Crime Commission under the repealed Crime

s 25 42 s 25 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 Commission Act 1997 in relation to relevant criminal activity or major crime within the meaning of that Act.’. 25 Amendment of s 44 (Matter affecting personal affairs) (1) Section 44(1), after ‘public interest.’— insert— ‘Note — See also section 50A (Applications on behalf of children and matters affecting personal affairs of children).’. (2) Section 44(3)(a), ‘information of a medical or psychiatric nature concerning the person making the application’— omit, insert— ‘health care information concerning the applicant’. (3) Section 44(3), ‘a medical practitioner’— omit, insert— ‘an appropriately qualified health care professional’. (4) Section 44(4)— omit, insert— ‘(4) The principal officer or Minister may appoint an appropriately qualified health care professional to make a decision under subsection (3) on behalf of the principal officer or Minister. ‘(5) A health care professional nominated and approved under subsection (3) may decide— (a) whether or not to disclose all or part of the information contained in the document to the applicant; and (b) the way in which to disclose the information to the applicant. ‘(6) In this section— appropriately qualified means having the qualifications and experience appropriate to assess the health care information in the document.

s 26 43 s 27 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 health care information means information provided by a health care professional. health care professional means a person who carries on, and is entitled to carry on, an occupation involving the provision of care for a person’s physical or mental health or wellbeing, including, for example— (a) a doctor, including a psychiatrist; or (b) a psychologist; or (c) a social worker; or (d) a registered nurse.’. 26 Amendment of s 45 (Matter relating to trade secrets, business affairs and research) (1) Section 45(3)(a)— omit, insert— ‘(a) it would disclose the purpose or results of research, whether or not the research is yet to be started, the research has started but is unfinished, or the research is finished; and’. (2) Section 45(3)(b), after ‘whose behalf the research’— insert— ‘was,’. (3) Section 45(4), after ‘it concerns research that’— insert— ‘was,’. 27 Amendment of s 46 (Matter communicated in confidence) Section 46(2), from ‘its disclosure would’ to ‘confidence owed to’— omit, insert— ‘it consists of information communicated by’.

s 28 44 s 28 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 28 Insertion of new pt 3, div 2A After section 50— insert— ‘Division 2A Children ‘50A Applications on behalf of children and matters affecting personal affairs of children ‘(1) Without limiting the ability of persons to make applications on behalf of children, an application may be made under section 25 39 on behalf of a child by a parent or a person having guardianship of the child. ‘(2) If an application made under section 25 states that it is made on behalf of a child by a parent or another person having guardianship of the child— (a) the application must state the name of the child and the name of the parent or other person; and (b) the child is the applicant for the purposes of division 1A; 40 and (c) section 105 41 does not apply in relation to the application but, if the application is for documents that relate to the personal affairs of the child and that contain matter that would be exempt matter if the application were made by a person (other than the child or the child’s agent), an agency or Minister— (i) must not give access to the information unless the agency or the Minister is satisfied of the identity of the child and the parent or other person; and (ii) must ensure, by the adoption of appropriate procedures, that any information intended for the child is received only by the parent or other person. 39 Section 25 (How applications for access are made) 40 Division 1A (Fees and charges) 41 Section 105 (Precautions)

s 28 45 s 28 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 ‘(3) If an application is made under section 25 by, or on behalf of a child, then, despite section 44(2), 42 if a document contains information concerning the personal affairs of the child, the agency or Minister may refuse access to all or part of the information if the agency or Minister considers access would not be in the best interests of the child. ‘(4) If an application is made under section 25 by a child, the agency or Minister, in deciding whether to give the child access to all or part of the information, must consider whether the child has the capacity to— (a) understand the information and the context in which it was recorded; and (b) make a mature judgment as to what might be in his or her best interests. ‘(5) In this section— child means an individual who is under 18. guardianship includes guardianship, whether sole guardianship or otherwise and whether for a particular purpose or otherwise, under a law of the Commonwealth or of a State or Territory. parent see the Child Protection Act 1999 , section 11(1) to (4). Note — Child Protection Act 1999 , section 11(1) to (4)— 11 Who is a parent (1) A parent of a child is the child’s mother, father or someone else (other than the chief executive) having or exercising parental responsibility for the child. (2) However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child. (3) A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child. 42 Section 44 (Matter affecting personal affairs)

s 29 46 s 29 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 (4) A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.’. 29 Amendment of s 51 (Disclosure that may reasonably be expected to be of substantial concern) (1) Section 51(2)(e)— omit, insert— ‘(e) defer giving access to the document until after— (i) the agency or Minister is given written notice by the government, agency or person concerned that the government, agency or person concerned does not intend to make any application for review under this Act; or (ii) if notice is not given under subparagraph (i) and no application for review under this Act is made by the end of the review period—the end of the review period; or (iii) if an application for review is made by the end of the review period—the application is finally disposed of.’. (2) Section 51(3)— omit, insert— ‘(3) In this section— adult child means a child who is 18 or more. adult sibling means a sibling who is 18 or more. eligible family member , of a deceased person, means— (a) a spouse of the deceased person; or (b) if a spouse is not reasonably available—an adult child of the deceased person; or (c) if a spouse or adult child is not reasonably available—a parent of the deceased person; or (d) if a spouse, adult child or parent is not reasonably available—an adult sibling of the deceased person; or

s 30 47 s 30 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 (e) if a spouse, adult child, parent or adult sibling is not reasonably available and the deceased person was not an Aboriginal person or Torres Strait Islander—the next nearest adult relative of the deceased person who is reasonably available; or (f) if a spouse, adult child, parent or adult sibling is not reasonably available and the deceased person was an Aboriginal person or Torres Strait Islander—a person who is an appropriate person according to the tradition or custom of the Aboriginal or Torres Strait Islander community to which the deceased person belonged and who is reasonably available. person concerned , in relation to a person who has died, means the deceased person’s eligible family member, or, if 2 or more persons qualify as the deceased person’s eligible family member, 1 of those persons. review period means the period within which any application for review under this Act may be made. ‘(4) For the definition eligible family member , a person described in the definition is not reasonably available if— (a) a person of that description does not exist; or (b) a person of that description can not be reasonably contacted; or (c) a person of that description is unable or unwilling to act as the person concerned for this section.’. 30 Replacement of s 52 (Internal review) Section 52— omit, insert— ‘52 Internal review ‘(1) A person who is aggrieved by any of the following decisions is entitled to a review of the decision— (a) a decision under this part; (b) a decision that this Act, or a part of this Act, does not apply to an entity—

s 30 48 s 30 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 (i) because the entity is not an agency for this Act; or (ii) because of section 11 or 12 43 or another Act; (c) a decision that this Act, or a part of this Act, does not apply to a document because of section 11, 11A, 11B, 11C or 12 44 or another Act; Note — Schedule 3 lists provisions of other Acts that exclude or limit the operation of this Act—see section 11D. (d) a decision of the agency or Minister that the applicant is not entitled to access because of section 11E. 45 ‘(2) An application for review of a decision must— (a) be in writing; and (b) state an address to which notices under this Act may be sent to the applicant; and (c) be lodged at an office of the agency or the Minister within 28 days after the day on which written notice of the decision was given to the applicant or within the further time the agency’s principal officer or the Minister allows (whether before or after the end of the 28 day period). ‘(3) A person is not entitled to a review under this section of a decision made— (a) on an application made under this section; or (b) by an agency’s principal officer; or (c) by a Minister. ‘(4) An application under this section must not be dealt with by— (a) the person who dealt with the original application; or (b) a person who is less senior than that person. 43 Section 11 (Act not to apply to certain bodies etc.) or 12 (Application of Act to Information Commissioner) 44 Section 11A (Application of Act to GOCs), 11B (Application of Act to corporatised corporations) or 11C (Application of Act to coronial documents) 45 Section 11E (Application of Act to offenders)

s 30 49 s 30 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 ‘(5) The reviewer must decide the application as if it were a fresh application under section 25. ‘(6) If an agency or Minister does not decide an application and notify the applicant of the decision within 28 days after receiving it, the agency’s principal officer or the Minister is taken to have made a decision at the end of the period affirming the original decision. ‘(7) A person is aggrieved by a decision only if section 52A(1), (3) or (4) applies. ‘52A Who is aggrieved by a decision for s 52 ‘(1) For section 52, a person is aggrieved by a decision if the decision relates to an application made by the person under section 25 and is to the effect that— (a) the agency or Minister refuses, under section 29 or 29B, 46 to deal with the application; or (b) the agency or Minister refuses to give the applicant access to a document; or (c) access to a document is to be given to the applicant subject to deferral; or (d) access to a document is to be given to the applicant subject to the deletion of exempt matter or matter an agency or Minister considers is irrelevant matter; or (e) an application fee is payable; or (f) a processing charge or access charge is payable under a final assessment notice and— (i) the applicant considers the charge is wrongly assessed; or (ii) the applicant considers the processing charge and access charge should be waived because the applicant is in financial hardship and, if the agency is not a department, the applicant gave the agency 46 Section 29 (Refusal to deal with application—agency’s or Minister’s functions) or 29B (Refusal to deal with application—previous application for same documents)

s 30 50 s 30 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 an objection notice in which the applicant contended that charges should be waived because the applicant is in financial hardship; or Note — For challenges to a processing charge or access charge payable under a preliminary assessment notice, see schedule 4 (Process for assessment of charges), part 2 (Objection process). (g) a contention in an objection notice is rejected. ‘(2) For subsection (1)(f), it does not matter whether the processing charge or access charge has already been paid. ‘(3) For section 52, a person, including a government or agency, is aggrieved by a decision if the decision relates to an application by another person under section 25 for access to a document and— (a) the agency or Minister should have taken, but has not taken, the steps that are reasonably practicable to obtain the views of the aggrieved person about whether or not the document contained matter that is exempt matter; or (b) the agency or Minister has obtained the views of the aggrieved person but the decision is not in accordance with the views. ‘(4) For section 52, a person is aggrieved by a decision if— (a) the decision relates to an application by another person under section 25 for access to a document; and (b) 2 or more persons, including the aggrieved person, qualify as a deceased person’s eligible family member as defined under section 51; 47 and (c) the agency or Minister obtained the views of 1 of the persons and that person was of the view that the matter contained in the document was not exempt matter; and (d) the agency or Minister did not obtain the views of the aggrieved person and the aggrieved person is of the view 47 Section 51 (Disclosure that may reasonably be expected to be of substantial concern)

s 57 91 s 57 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 former section 70B means section 70B 83 as in force from time to time before the commencement. former section 70D(1) means section 70D(1) 84 as in force from time to time before the commencement. the commencement means the commencement of section 101V. 85 ‘119 Report to Legislative Assembly ‘(1) It is sufficient compliance with section 108(4) for the report under section 108(1) in relation to the financial year ending 30 June 2005 to include the particulars stated in former section 108(4) in relation to each agency and Minister. ‘(2) In this section— former section 108(4) means section 108(4) as in force immediately before the commencement of section 54 of the amending Act. ‘120 Reports of commissioner ‘It is sufficient compliance with section 101 for a report mentioned in the section in relation to the financial year ended 30 June 2005 to comply with section 101 as in force before the commencement of section 50 86 of the amending Act. ‘121 Amendment of regulation by Freedom of Information and Other Legislation Amendment Act 2005 does not affect powers of Governor in Council ‘The amendment of the FreedomofInformationRegulation1992 by the amending Act does not affect the power of the Governor in Council to further amend the regulation or to repeal it. 83 Section 70B (Temporary and casual employees) 84 Section 70D (Preservation of rights if public service officer appointed) 85 Section 101V (Staff employed under Public Service Act 1996) 86 Section 50 (Amendment of s 101 (Reports of commissioner))

s 58 92 s 60 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 ‘122 Re-enactment of regulation-making power does not affect validity of Freedom of Information Regulation1992 ‘The re-enactment of section 109 by the amending Act did not repeal the FreedomofInformationRegulation1992 or any provision of that regulation.’. 58 Amendment of sch 1 (Secrecy provisions giving exemption) (1) Schedule 1, entries for the Biodiscovery Act 2004, Crime andMisconduct Act 2001, Gene Technology Act 2001, ProstitutionAct 1999 and Public Sector Ethics Act 1994 — omit. (2) Schedule 1— insert— ‘ Witness Protection Act 2000 , sections 36 and 38’. 59 Amendment of sch 2 (Application of Act to GOCs) Schedule 2— insert— ‘5 Golden Casket Lottery Corporation Lotteries Act 1997 , Limited ACN 078 785 449 section 225A’. 60 Insertion of new sch 3 After schedule 2— insert—

s 60 93 s 60 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 ‘Schedule 3 Application of Act to other Acts section 11D Biodiscovery Act 2004 , section 116 87 Crime and Misconduct Act 2001 , sections 120 and 371(4) 88 Education (General Provisions) Act 1989 , section 69 89 Gene Technology Act 2001 , section 187(3) 90 Police Powers and Responsibilities Act 2000 , sections 122, 321 and 401 91 Police Service Administration Act 1990 , section 5A.22 92 Prostitution Act 1999 , section 137 93 Public Sector Ethics Act 1994 , section 33A 94 Sugar Industry Act 1999 , section 107T 95 Workers’CompensationandRehabilitationAct2003 , sections 379(2) and 475(2) 96 ’. 87 Biodiscovery Act 2004 , section 116 (Freedom of Information Act 1992 does not apply to benefit sharing agreement) 88 Crime and Misconduct Act 2001 , sections 120 (Acts that do not apply to divs 2–5) and 371 (Warrants) 89 Education (General Provisions) Act 1989 , section 69 (Freedom of Information Act 1992) 90 Gene Technology Act 2001 , section 187 (Confidential commercial information must not be disclosed) 91 Police Powers and Responsibilities Act 2000 , sections 122 (Certain Acts do not apply to this part), 321 (Certain Acts do not apply to this chapter) and 401 (Particular Acts do not apply to this division) 92 Police Service Administration Act 1990 , section 5A.22 (Application of Freedom ofInformation Act 1992) 93 Prostitution Act 1999 , section 137 (Application of Freedom of Information Act) 94 Public Sector Ethics Act 1994 , section 33A (Freedom of Information Act does not apply) 95 Sugar Industry Act 1999 , section 107T (Exempt matter) 96 Workers’ Compensation and Rehabilitation Act 2003 , sections 379 (Application of various other Acts) and 475 (Application of various other Acts)

s 61 94 s 61 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 61 Insertion of new sch 4 After schedule 3— insert— ‘Schedule 4 Process for assessment of charges section 35D ‘Part 1 Preliminary assessment process ‘1 Preliminary assessment of charges ‘(1) This section applies if an agency or Minister considers a processing charge or access charge is payable in relation to an application. ‘(2) The agency or Minister must give the applicant a written notice (a preliminary assessment notice ) stating— (a) the agency’s or Minister’s preliminary assessment of the amount of any processing charge or access charge; and (b) the basis on which the preliminary assessment is made. ‘(3) The preliminary assessment notice must also state the following— (a) that 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 reduce the original charge; (b) the effect of sections 2 and 3(1) and (2); 97 (c) any matters that may be taken into account under the Act or a regulation in deciding whether any processing 97 Sections 2 (Deemed withdrawal of application) and 3 (Objection notice)

s 61 95 s 61 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 charge and access charge should be waived because the applicant is in financial hardship; (d) the original deposit, if any. ‘2 Deemed withdrawal of application ‘An application is taken to have been withdrawn unless, within the period of 30 days, or the further period the agency or Minister allows, after the preliminary assessment notice is given— (a) if an original deposit is stated in the notice—the applicant pays the original deposit and agrees in writing to pay the original charge; or (b) if an original deposit is not stated in the notice—the applicant agrees in writing to pay the original charge; or (c) the applicant gives the agency or Minister an objection notice. ‘Part 2 Objection process ‘3 Objection notice ‘(1) An applicant is not entitled to a review under section 52 of the Act98 of a preliminary assessment notice. ‘(2) However, within the period of 30 days, or the further period the agency or Minister allows, after a preliminary assessment notice is given, the applicant may give the agency or Minister a written notice (an objection notice ) of, including the reasons for, an applicant’s contention that— (a) an original charge has been wrongly assessed and should be reduced on a proper assessment; or 98 Section 52 of the Act (Internal review)

s 61 96 s 61 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 (b) any processing charge and access charge should be waived because the applicant is in financial hardship. ‘(3) Subject to section 10, 99 the agency or Minister may decide, in relation to an objection notice, that— (a) the original charge was wrongly assessed and should be reduced on a proper assessment; or (b) any processing charge and access charge are to be waived because the applicant is in financial hardship; or (c) the contention in the objection notice should be rejected. ‘4 New preliminary assessment notice ‘(1) If the agency or Minister makes a decision mentioned in section 3(3)(a), other than a decision that no charges are payable, the agency or Minister must give the applicant a new preliminary assessment notice that also states the following— (a) the new original deposit, if any; (b) that the application will be taken to have been withdrawn unless, within the period of 30 days, or the further period the agency or Minister allows, after the new notice is given— (i) either— (A) if a new original deposit is stated in the notice—the applicant pays the new original deposit and agrees in writing to pay the new original charge; or (B) if a new original deposit is not stated in the notice—the applicant agrees in writing to pay the new original charge; or (ii) the applicant applies for a review under part 5 of the Act100 of the new preliminary assessment notice; 99 Section 10 (Financial hardship claim if agency is a department) 100 Part 5 of the Act (External review of decisions)

s 61 97 s 61 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 (c) the applicant may not give the agency or Minister a further objection notice and is not entitled to a review under section 52 of the Act101 of the new preliminary assessment notice. ‘(2) If the applicant fails to comply with subsection (1)(b)(i) or (ii) within the period or further period mentioned in subsection (1)(b), the applicant is taken to have withdrawn the application. ‘5 Notice that charges waived ‘If the agency or Minister makes a decision mentioned in section 3(3)(b), 102 the agency or Minister must give the applicant a notice stating that any processing charge and access charge is to be waived because the applicant is in financial hardship. ‘6 Notice of other decision ‘If the agency or Minister makes a decision mentioned in section 3(3)(c), 103 the agency or Minister must give the applicant a notice stating— (a) the decision and the reasons for the decision; and Note — See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). (b) the name and designation of the person making the decision; and (c) appropriate information about— (i) the applicant’s rights to review of the decision; and (ii) the procedure for the exercise of the rights, including, if applicable, particulars of the way in 101 Section 52 of the Act (Internal review) 102 Section 3 (Objection notice) 103 Section 3 (Objection notice)

s 61 98 s 61 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 which an application for review under section 52 of the Act104 may be made. ‘7 Deemed decision ‘If within the period of 30 days after an applicant gives an agency or Minister an objection notice, the applicant has not received notice of a decision under section 3(3), 105 the principal officer of the agency or the Minister is taken to have made, on the last day of the period, a decision under section 3(3)(c) to which section 6 106 does not apply. ‘Part 3 Financial hardship process ‘8 Concession card given and accepted ‘(1) This section applies if— (a) an applicant who claims to be the holder of a concession card gives an agency or Minister a copy of the concession card before the applicant is given a preliminary assessment notice; and (b) the agency or Minister is satisfied the applicant is the holder of a concession card. ‘(2) Section 1 107 does not apply in relation to the application and, subject to section 10, 108 the agency or Minister must give the applicant a notice stating that any processing charge and access charge is to be waived because the applicant is in financial hardship. 104 Section 52 of the Act (Internal review) 105 Section 3 (Objection notice) 106 Section 6 (Notice of other decision) 107 Section 1 (Preliminary assessment of charges) 108 Section 10 (Financial hardship claim if agency is a department)

s 61 99 s 61 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 ‘9 Concession card given but not accepted ‘(1) This section applies if— (a) an applicant who claims to be the holder of a concession card gives an agency or Minister a copy of the concession card before the applicant is given a preliminary assessment notice; and (b) the agency or Minister is not satisfied the applicant is the holder of a concession card. ‘(2) Section 1 109 applies in relation to the application and the preliminary assessment notice must— (a) state the agency or Minister is not satisfied the applicant is the holder of a concession card; and (b) give the reasons the agency or Minister is not satisfied. ‘(3) If within the period of 30 days after the applicant gives the agency or Minister a copy of the concession card, the applicant has not received a notice under section 8 110 or a preliminary assessment notice, the principal officer of the agency or the Minister is taken to have made, on the last day of the period, a decision that the agency or the Minister is not satisfied the applicant is the holder of a concession card. ‘10 Financial hardship claim if agency is a department ‘(1) This section applies if an agency that is a department is given— (a) an objection notice in which the applicant contends charges should be waived because the applicant is in financial hardship; or (b) a copy of the concession card before the applicant, who claims to be the holder of the card, is given a preliminary assessment notice. ‘(2) The agency must give the prescribed person— 109 Section 1 (Preliminary assessment of charges) 110 Section 8 (Concession card given and accepted)

s 61 100 s 61 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 (a) a copy of the application; and (b) a copy of the objection notice or concession card. ‘(3) The prescribed person must decide whether or not to waive any processing charge and access charge because the applicant is in financial hardship. ‘(4) The prescribed person must advise the agency of the decision and the reasons for the decision. ‘(5) For having the prescribed person’s decision reviewed under this Act, the prescribed person’s decision is taken to be the decision of the agency’s principal officer. ‘(6) In this section— prescribed person means a person prescribed under a regulation as the person who decides whether any processing charge and access charge may be waived because the applicant is in financial hardship. ‘Part 4 Final assessment process ‘11 Final assessment notice ‘(1) If a processing charge or access charge is payable in relation to an application, then, in the notice given under section 34 of the Act, 111 the agency or Minister must give the applicant a written notice (a final assessment notice ) stating— (a) the agency’s or Minister’s final assessment of the amount of any processing charge or access charge; and (b) the basis on which the final assessment is made. ‘(2) A final assessment notice may be given whether access is to be given immediately or subject to deferral. ‘(3) The amount of the processing charge mentioned in a final assessment notice may not be more than the amount of the 111 Section 34 of the Act (Notification of decisions and reasons)

s 62 101 s 63 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 processing charge mentioned in the preliminary assessment notice. ‘(4) The amount of the access charge mentioned in a final assessment notice may be more than the amount of the access charge mentioned in the preliminary assessment notice. ‘(5) If, after the final assessment notice is given, the applicant asks for an additional thing to be done in relation to the provision of access— (a) the agency or Minister may give the applicant a new final assessment notice that increases the total amount of the access charge mentioned in the previous final assessment notice; and (b) the applicant must pay the increase. Example — Assume the access charge mentioned in an agency’s final assessment notice is based on supervising the inspection by the applicant of documents for 2 hours. The applicant pays the access charge stated in the final assessment notice. At the inspection, the applicant wishes to continue the inspection for a further 2 hours and to obtain copies of some of the documents. The agency may give the applicant a new final assessment notice that increases the total amount of the access charge mentioned in the previous final assessment notice.’. Part 2 Amendment of Freedom of Information Regulation 1992 62 Regulation amended in pt 2 This part amends the FreedomofInformationRegulation1992. 63 Omission of ss 5 and 5A Sections 5 and 5A— omit.

s 64 102 s 64 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 64 Replacement of ss 7 to 12 Sections 7 to 12— omit, insert— ‘7 Amount of charges—Act, s 7, definitions access charge and processing charge ‘(1) This section applies in relation to an applicant applying for access to a document that does not concern the applicant’s personal affairs. ‘(2) The schedule, part 1 sets out the processing charges. ‘(3) The schedule, part 2 sets out the access charges. ‘(4) This section applies subject to sections 8 and 9. ‘8 No charge for less than 2 hours ‘Despite section 7 and the schedule, a charge is not payable for doing, for an application, a thing mentioned in the schedule, part 1, item 1 or part 2, item 1, or a combination of the things mentioned in those items, if the total amount of time spent by an officer or officers doing the thing or things is 2 hours or less. Examples — 1 Assume an officer spends, for the application, 1 hour searching for documents and deciding the application for access and 30 minutes supervising inspection of the documents. No charge is payable under the schedule, part 1, item 1 or part 2, item 1. 2 Assume an officer spends, for the application, 2.5 hours searching for documents and deciding the application for access and 2 hours supervising inspection of the documents. This section does not apply and a charge of $91.80, calculated under this regulation, is payable for the activities. ‘9 No charge for particular search and retrieval time ‘Despite section 7 and the schedule, the amount of time spent searching for or retrieving a document does not include— (a) if the document is not found in the place in which, according to the filing system of the agency or of the office of the Minister (the relevant filing system ) it

s 65 103 s 65 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 ought to be located—any time other than the time that would have been spent by the agency or Minister in searching for or retrieving the document if the document had been found in that place; or (b) if the relevant filing system ought reasonably to have indicated, but does not indicate, the place in which the document is located—any time other than the time that would have been spent by the agency or Minister in searching for or retrieving the document if the relevant filing system had indicated the place in which the document is located and the document had been found in that place. ‘10 Deposit—Act, s 35B(6) ‘If an agency or Minister considers it appropriate that the applicant pay a deposit on account of a charge, the deposit must be 25% of the charge. ‘11 Prescribed person—Act, sch 4, s 10(6) ‘The chief executive of the Department of the Premier and Cabinet is the prescribed person who decides whether processing and access charges are to be waived because the applicant is in financial hardship.’. 65 Replacement of schedule (Charges) Schedule— omit, insert—

s 66 104 s 66 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 ‘Schedule Charges section 7 ‘Part 1 Processing charges 1 Charge for time spent by an agency or Minister in searching for or retrieving a document, or in making, or doing things related to making, a decision on an application for access—$5.10 for each 15 minutes or part of 15 minutes. ‘Part 2 Access charges 1 Charge if an agency or Minister makes an officer available to supervise the inspection of a document—$5.10 for each 15 minutes or part of 15 minutes. 2 Charge for giving access to a written document by providing a black and white photocopy of the document in A4 size—$0.20 for each page. 3 Charge for a form of access to a document under the Act, section 30, other than by inspection or providing a black and white photocopy of the document in A4 size—an amount that is not more than the actual cost incurred by an agency or Minister in giving access to the document.’. Part 3 Amendment of Lotteries Act 1997 66 Act amended in pt 3 This part amends the Lotteries Act 1997 .

s 67 105 s 69 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 67 Insertion of new s 225A After section 225— insert— ‘225A Golden Casket Lottery Corporation Limited exemption from application of Freedom ofInformation Act 1992 ‘(1) The Freedom of Information Act 1992 does not apply to a document received or brought into existence by the Golden Casket Lottery Corporation Limited ACN 078 785 449 (the corporation ) in carrying out its excluded activities. ‘(2) For subsection (3), definition excluded activities , paragraph (a), a regulation may declare the activities of the corporation that are taken to be, or are taken not to be, activities conducted on a commercial basis. ‘(3) In this section— excluded activities means— (a) activities conducted on a commercial basis; or (b) community service obligations, within the meaning of the Government Owned Corporations Act 1993 , that are prescribed under a regulation.’. Part 4 Amendment of Public Records Act 2002 68 Act amended in pt 4 This part amends the Public Records Act 2002 . 69 Amendment of s 16 (Meaning of restricted access period ) Section 16(4)(b), after ‘42’— insert— ‘, 42A’.

s 70 106 s 73 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 70 Amendment of s 18 (Public access to public records) (1) Section 18(5)(a), before ‘of the FOI Act’— insert— ‘or 42A’. (2) Section 18(5)(a)(iii), ‘and’— omit, insert— ‘or’. (3) Section 18(5)(a)— insert— ‘(iv) damage the security of the Commonwealth or a State; and’. Part 5 Amendment of Public Sector Ethics Act 1994 71 Act amended in pt 5 This part amends the Public Sector Ethics Act 1994 . 72 Amendment of s 28 (Functions of integrity commissioner) Section 28— insert— ‘(2) For subsection (1)(b), advice on an issue about a person may only be given if the person is or has been a designated person.’. 73 Amendment of s 33 (Secrecy) (1) Section 33(1) and (3), ‘conflict of interest issue about anyone’—

s 74 107 s 74 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 omit, insert— ‘relevant issue about another person’. (2) Section 33— insert— ‘(4) In this section— relevant issue means— (a) an ethics or integrity issue; or (b) a conflict of interest issue.’. 74 Insertion of new ss 33A and 33B After section 33— insert— ‘33A Freedom of Information Act does not apply ‘(1) If advice is sought on an issue about a person under section 28(1)(b), the FreedomofInformationAct1992 does not apply to a document received or brought into existence by the integrity commissioner in relation to the advice. ‘(2) If advice about a conflict of interest issue is sought under section 30, the FreedomofInformationAct1992 does not apply to a document received or brought into existence by the integrity commissioner in relation to the conflict of interest issue. ‘33B Authorisation of particular disclosures—ethics or integrity issue ‘(1) A relevant document about an ethics or integrity issue may be disclosed under subsections (2) and (3). ‘(2) A person who is or has been a designated person to whom a relevant document relates may disclose the document. ‘(3) The integrity commissioner may disclose a relevant document to the person who is or has been the designated person to whom the relevant document relates. ‘(4) In this section—

s 75 108 s 76 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 designated person to whom a relevant document relates means the designated person involved in an ethics or integrity issue and to whom the relevant document relates. relevant document , for an ethics or integrity issue, means a document received or brought into existence by the integrity commissioner in relation to advice sought under section 28(1)(b). 75 Amendment of s 34 (Authorisation of particular disclosures) (1) Section 34, heading— omit, insert— ‘34 Authorisation of particular disclosures—conflict of interest issue’. (2) Section 34(9), definition designated person to whom the relevant documents relate — omit, insert— ‘ designated person to whom a relevant document relates means the designated person involved in a conflict of interest issue and to whom the relevant document relates.’. 76 Amendment of schedule (Dictionary) Schedule— insert— ‘ ethics or integrity issue means an issue concerning ethics or integrity in relation to which advice is sought under section 28(1)(b).’.

s 77 109 s 79 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 Part 6 Amendment of Public Service Act 1996 77 Act amended in pt 6 This part amends the Public Service Act 1996 . 78 Insertion of new pt 11, div 4 After section 146— insert— ‘Division 4 Transitional provision for Freedom of Information and Other Legislation Amendment Act 2005 ‘147 Amendment of regulation by Freedom of Information and Other Legislation Amendment Act 2005 does not affect powers of Governor in Council ‘The amendment of the Public Service Regulation 1997 by the Freedom of Information and Other Legislation Amendment Act 2005 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’. 79 Amendment of sch 1 (Public service offices and their heads) Schedule 1— insert— ‘8A Office of the Information Commissioner Information commissioner’.

s 80 110 s 83 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 Part 7 Amendment of Public Service Regulation 1997 80 Regulation amended in pt 7 This part amends the Public Service Regulation 1997 . 81 Omission of s 30 (Declared government entity and declared public sector unit—Act, ss 20 and 21) Section 30— omit. Chapter 3 Other Amendments Part 1 Amendment of Legal Profession Act 2004 82 Act amended in pt 1 This part amends the Legal Profession Act 2004. 83 Amendment of s 281 (Orders to be filed in Supreme Court and information notices to be given to parties etc.) Section 281(1)— omit, insert— ‘(1) This section applies to the Brisbane registrar after the tribunal makes—

s 84 111 s 86A Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 (a) an order under section 280 or 286 or part 6 112 in relation to a discipline application; or (b) an order under section 293 113 in relation to a discipline application that the tribunal dealt with on an appeal from the committee.’. 84 Amendment of s 293 (Appeal to tribunal against committee’s decision) Section 293(3), after ‘an order’— insert— ‘, including an order for costs,’. 85 Amendment of s 470 (Conduct of committee for hearing and deciding discipline applications) Section 470(3)— omit, insert— ‘(3) The committee may issue particular directions for a hearing. ‘(4) Despite section 469(2), the committee may be constituted by the chairperson or deputy chairperson of the committee for the purpose of issuing particular directions for a hearing.’. 86 Amendment of ch 8, pt 5, hdg Chapter 8, part 5, heading, after ‘provisions’— insert— ‘ for LegalProfessionAct2004’. 86A Amendment of s 610 (Continuation of rules of the law society) ‘(1) Section 610(4), after ‘under section’— 112 Section 280 (Decisions of tribunal about an Australian legal practitioner) or 286 (Costs) or part 6 (Compensation orders) 113 Section 293 (Appeal to tribunal against committee’s decision)

s 87 112 s 88 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 insert— ‘595 or’. ‘(2) Section 610(7), ‘1 year’— omit, insert— ‘2 years’. 87 Replacement of s 616 (Records of Solicitors’ Board and Barristers’ Board) Section 616— omit, insert— ‘616 Records of Solicitors’ Board and Barristers’ Board ‘(1) The Legal Practitioners Admissions Board has the custody and control of the records of the previous Solicitors’ Board and Barristers’ Board. ‘(2) The records may be given to the law society in its role of providing administrative support to the Legal Practitioners Admissions Board.’. 88 Insertion of ch 8, pt 6 Chapter 8— insert— ‘Part 6 Transitional provision for Freedom of Information and Other Legislation Amendment Act 2005 ‘644 Amendment of regulation does not affect powers of Governor in Council ‘The amendment of the Legal Profession Regulation 2004 by the Freedom of Information and Other Legislation Amendment Act 2005 does not affect the power of the

s 89 113 s 93 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 Governor in Council to further amend the regulation or to repeal it.’. Part 2 Amendment of Legal Profession Regulation 2004 89 Regulation amended in pt 2 This part amends the Legal Profession Regulation 2004 . 90 Omission of ss 33 and 34 Sections 33 and 34— omit. Part 3 Amendment of Standard Time Act 1894 91 Act amended in pt 3 This part amends the Standard Time Act 1894 . 92 Amendment of title Title, ‘ in the colony of Queensland ’— omit . 93 Omission of preamble Preamble— omit.

s 94 114 s 95 Freedom of Information and Other Legislation Amendment Act 2005 No. 28, 2005 94 Replacement of s 3 (The time of the 150th meridian to be standard time) Section 3— omit, insert— ‘3 Standard time ‘(1) Standard time in Queensland is 10 hours in advance of Co-ordinated Universal Time. ‘(2) In this section— Co-ordinated Universal Time means Co-ordinated Universal Time (UTC) as determined by the International Bureau of Weights and Measures and maintained under the National Measurement Act 1960 (Cwlth), section 8AA.’. 95 Insertion of new s 5 After section 4— insert— ‘5 Transitional provision for Freedom of Information and Other Legislation Amendment Act 2005 ‘Section 3, as inserted by the Freedom of Information and Other Legislation Amendment Act 2005 , ( new section 3 ) applies to an instrument even though it was made before the commencement of new section 3.’. © State of Queensland 2005