Right to Information Act 2009 (Qld)

Right to Information Act 2009

An Act about rights to, and relating to, government and other information

Preamble

Parliament’s reasons for enacting this Act are—

1Parliament recognises that in a free and democratic society—

(a)there should be open discussion of public affairs; and

(b)information in the government’s possession or under the government’s control is a public resource; and

(c)the community should be kept informed of government’s operations, including, in particular, the rules and practice followed by government in its dealings with members of the community; and

(d)openness in government enhances the accountability of government; and

(e)openness in government increases the participation of members of the community in democratic processes leading to better informed decision-making; and

(f)right to information legislation contributes to a healthier representative, democratic government and enhances its practice; and

(g)right to information legislation improves public administration and the quality of government decision-making; and

(h)right to information legislation is only 1 of a number of measures that should be adopted by government to increase the flow of information in the government’s possession or under the government’s control to the community.

2The Government is proposing a new approach to access to information. Government information will be released administratively as a matter of course, unless there is a good reason not to, with applications under this Act being necessary only as a last resort.

3It is Parliament’s intention to emphasise and promote the right to government information. It is also Parliament’s intention to provide a right of access to information in the government’s possession or under the government’s control unless, on balance, it is contrary to the public interest to provide the information. This Act reflects Parliament’s opinion about making information available and the public interest.

Chapter 1    Preliminary

Part 1    Introductory

1   Short title

This Act may be cited as the Right to Information Act 2009.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Object of Act

(1)The primary object of this Act is to give—

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

(b)a right of amendment of personal information in the government’s possession or under the government’s control unless, on balance, it is contrary to the public interest to allow the information to be amended.

(2)The Act must be applied and interpreted to further the primary object.

4   Act not intended to prevent other publication, access or amendment

(1)This Act is not intended to prevent or discourage the publication of information or the giving of access to, or allowing the amendment of, documents otherwise than under this Act if the publication, giving of access or amendment can properly be done or is permitted or required to be done by law.

(2)To remove any doubt, it is declared that subsection (1) applies to—

(a)the giving of access to documents to which this Act does not apply, exempt documents and contrary to public interest documents, or documents to which the privacy principle requirements do not apply; and

(b)allowing the amendment of documents to which the privacy principle requirements do not apply; and

(c)the publication of information and the giving of access to, or allowing the amendment of, documents by—

(i)an entity to which this Act does not apply or to which this Act does not apply in relation to a particular function; or

(ii)an entity to which the privacy principle requirements do not apply; or

(iii)an entity to which the privacy principle requirements do not apply in relation to a particular function.

(3)In this section—

document to which the privacy principle requirements do not apply see the Information Privacy Act 2009, section 16.

entity to which the privacy principle requirements do not apply see the Information Privacy Act 2009, section 18(4).

5   Relationship with other Acts requiring access, amendment or publication

Without limiting section 4, this Act does not affect the operation of another Act or administrative scheme that does 1 or more of the following things, whether or not on payment of a charge—

(a)requires information about documents or personal information in the possession, or under the control, of government to be made available to members of the community;

(b)enables a member of the community to access documents in the possession, or under the control, of government;

(c)enables an individual to be given access to or to amend the individual’s personal information in the possession, or under the control, of government;

(d)requires the publication of information concerning government operations.

6   Relationship with other Acts prohibiting disclosure of information

This Act overrides the provisions of other Acts prohibiting the disclosure of information (however described).

Notes—

1The Parliament considers that, unless the information is personal information of the applicant, information the disclosure of which is prohibited under a provision of an Act mentioned in schedule 3, section 12 is information the disclosure of which would, on balance, be contrary to the public interest—see section 44(2)(a) and schedule 3, section 12.

2This information is called exempt information and, under section 47(3)(a), an agency or Minister may refuse access to a document to the extent the document comprises exempt information.

3However, an agency or Minister may give access to a document even if this Act provides that access to the document may be refused—see section 48(3).

7   Relationship with other Acts regulating disposal of information

This Act does not affect the provisions of other Acts regulating the disposal of information (however described).

8   Relationship with Information Privacy Act 2009

The Information Privacy Act 2009 is intended to operate subject to the provisions of this Act regulating the accessing and amendment of personal information.

Note—

See the Information Privacy Act 2009, section 7.

9   Act binds State

This Act binds the State.

Part 2    Interpretation

10   Definitions

The dictionary in schedule 5 defines particular words used in this Act.

11   Meaning of document to which this Act does not apply

In this Act, a document to which this Act does not apply means a document mentioned in schedule 1.

12   Meaning of document of an agency

In this Act, document, of an agency, means a document, other than a document to which this Act does not apply, in the possession, or under the control, of the agency whether brought into existence or received in the agency, and includes—

(a)a document to which the agency is entitled to access; and

(b)a document in the possession, or under the control, of an officer of the agency in the officer’s official capacity.

13   Meaning of document of a Minister

In this Act, document, of a Minister, means a document, other than a document of an agency or a document to which this Act does not apply, in the possession, or under the control, of the Minister that relates to the affairs of an agency, and includes—

(a)a document to which the Minister is entitled to access; and

(b)a document in the possession, or under the control, of a member of the staff of, or a consultant to, the Minister in the person’s capacity as member or consultant.

Note—

Minister is defined to include an Assistant Minister—see schedule 5.

14   Meaning of agency

(1)In this Act, an agency means—

(a)a department; or

(b)a local government; or

(c)a public authority; or

(d)a government owned corporation; or

(e)a subsidiary of a government owned corporation.

(2)However, in this Act, agency does not include an entity to which this Act does not apply.

Note—

See section 17 for entities to which this Act does not apply. See also sections 26 and 78G for restrictions on making access or amendment applications to the OIC, the information commissioner, the RTI commissioner or the privacy commissioner.

(3)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)without limiting paragraph (a) and to remove any doubt, it is declared that a school council is not a separate agency, but is taken to be comprised within the department in which the Education (General Provisions) Act 2006 is administered; and

(c)a reference to an agency includes a reference to a body that is taken to be comprised within the agency.

(4)In this section—

school council means a school council established under the Education (General Provisions) Act 2006, section 79.

15   Local government references for this Act

A reference to local government includes a reference to the Wide Bay Water Corporation.

16   Meaning of public authority

(1)In this Act, public authority means any of the following entities—

Note—

Under the Acts Interpretation Act 1954, schedule 1—
entity includes a person and an unincorporated body.

(a)an entity—

(i)established for a public purpose by an Act; or

(ii)established by government under an Act for a public purpose, whether or not the public purpose is stated in the Act;

(b)an entity created by the Governor in Council or a Minister;

(c)another entity declared to be a public authority for this Act under section 16A;

(ca)a rail government entity under the Transport Infrastructure Act 1994;

(d)subject to subsection (3), a person holding an office established under an Act;

(e)a person holding an appointment—

(i)made by the Governor in Council or Minister otherwise than under an Act; and

(ii)declared by regulation to be an appointment the holder of which is a public authority for this Act.

(2)A prescribed entity is not a public authority in relation to documents received, or created, by it in performing a function other than a public function given under an Act.

(3)A person is not a public authority merely because the person holds—

(a)an office the duties of which are performed as duties of employment as an agency’s officer; or

(b)an office of member of a body; or

(c)an office established under an Act for the purposes of an agency.

(4)In this section—

prescribed entity means an entity that is a public authority only because it is given public functions under an Act and is declared under section 16A to be a public authority for this Act.

16A   Declaration of entities to be public authorities

(1)An entity may be declared by regulation to be a public authority for this Act.

(2)The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) declaring an entity to be a public authority for this Act only if the Minister—

(a)is satisfied the entity—

(i)is supported directly or indirectly by government funds or other government assistance; or

(ii)is an entity over which government is in a position to exercise control; or

(iii)is established under an Act; or

(iv)is given public functions under an Act; and

(b)considers it is in the public interest for the entity to be declared as a public authority for this Act.

(3)In deciding whether it would be in the public interest for the entity to be declared as a public authority for this Act, the Minister may have regard to each of the following matters—

(a)if the entity is a company, whether it is a company limited by shares;

(b)the size of the entity, having regard to the number of the entity’s employees or the entity’s turnover;

(c)the purpose of the entity, including whether it is performing functions that are generally identified with the functions of government;

(d)the extent to which functions of the entity have previously been performed by government;

(e)the extent to which the entity has been the subject of an adverse comment by a regulatory or investigatory body such as the Auditor-General or Crime and Corruption Commission;

(f)any other relevant matter.

(4)Also, for subsection (1), an entity may be declared by regulation to be a public authority for this Act in relation to only a part of the entity’s functions.

17   Meaning of entity to which this Act does not apply

In this Act, an entity to which this Act does not apply means—

(a)an entity mentioned in schedule 2, part 1; or

(b)an entity mentioned in schedule 2, part 2 in relation to the function mentioned in that part.

18   Meaning of processing period

(1)The processing period, for an access or amendment application to an agency or Minister, is the total of—

(a)a period of 25 business days from the valid application day for the application; and

(b)each additional period mentioned in column 2 of the following table for a circumstance mentioned in column 1 applying to the application.

Column 1 Circumstance	Column 2 Additional period
the application is transferred to the agency or Minister	the lesser of the following— (a)  the period starting on the day the application is received by the agency or Minister who transfers the application and ending on the day the application is transferred; (b)  10 business days
the applicant is given a notice under section 42(1)(a) or 78O(1)(a)	the prescribed consultation period under section 42 or 78O
the only address to be sent notices the applicant gives the agency or Minister by the valid application day is a postal address	5 business days
for an access application—the applicant is given a charges estimate notice under section 36, other than a charges estimate notice stating the agency’s or Minister’s decision that charges will be waived under chapter 3, part 6, division 3	the period starting on the date of the first charges estimate notice given under section 36 and ending on the earlier of the following— (a)  the day the applicant confirms the application or, if the applicant narrows the application, confirms the changed application; (b)  the day the agency or Minister gives the applicant a prescribed written notice of a decision to waive any processing charge, or access charge, under section 66(2)
for an access application—the application involves consultation with a relevant third party under section 37	10 business days
the agency or Minister asks for a further specified period under subsection (2)	the following period— (a)  if paragraph (b) does not apply—the further specified period; (b)  if the applicant refuses the request or applies for external review under section 86A—the period starting on the day the further specified period starts and ending on the day the applicant refuses the request or applies for external review

(2)Before the end of the processing period for the access or amendment application, the agency or Minister may ask the applicant for a further specified period to consider the application.

(3)A request under subsection (2) may be made more than once.

(4)In this section—

valid application day, for an access or amendment application, means the day on which the application complies with all relevant application requirements for the application under section 33(8) or 78K(8).

Part 3    Effect of publication by Cabinet on public interest immunity

18A   Effect of publication by Cabinet on public interest immunity

(1)This section applies in relation to a decision being made in a proceeding or process about whether a common law or statutory rule prevents the production or disclosure of information in connection with Cabinet because the production or disclosure would be contrary to the public interest.

(2)In the making of the decision, the following matters must be disregarded in assessing the public interest—

(a)the publication by Cabinet of any other information contained in the document that contains the information;

(b)the publication by Cabinet of any other Cabinet information;

(c)a decision by Cabinet to officially publish Cabinet information on a regular basis.

(3)In this section—

Cabinet information means information contained in a document mentioned in schedule 3, section 2(3).

proceeding or process includes any extra-curial proceeding or inquisitorial or investigative process carried out under an Act.

Examples—

•an investigation carried out by the Crime and Corruption Commission

•an investigation carried out by the Independent Assessor under the Local Government Act 2009

•an inquiry carried out by a professional body into a complaint against a member of the body

Chapter 2    Disclosure other than by application under this Act

19   Other ways of accessing information

Information may be accessed other than by application under this Act.

Examples—

1A document may be accessed under administrative arrangements made by an agency, including under its publication scheme or disclosure log or under another Act.

2A document may be available for public inspection under the Public Records Act 2023 or in a public library.

3A document may be commercially available.

20   Requirement for policy documents to be publicly available

(1)An agency must make copies of each of its policy documents available for inspection and purchase by the public.

(2)However, nothing in this section prevents an agency from deleting exempt information or contrary to public interest information from a copy of a policy document.

(3)A person must not be subjected to any prejudice because of the application of the provisions of an agency’s policy document (other than provisions the agency is permitted to delete from a copy of the document) to any act or omission of the person if, at the time of the act or omission—

(a)the policy document was not available for inspection and purchase; and

(b)the person was not aware of the provisions; and

(c)the person could lawfully have avoided the prejudice had the person been aware of the provisions.

21   Requirement for publication scheme

(1)An agency must publish a scheme (a publication scheme)—

(a)setting out the following details—

(i)the agency’s structure and functions;

(ii)how the agency’s functions affect members of the public;

(iii)any arrangements that enable members of the public to engage with the agency’s functions;

(iv)the types of information held by the agency;

(v)the types of information the agency makes publicly available and how that information is made available;

(vi)procedures for asking for information, including, for example, any fee or charge that may be payable; and

(b)publishing information about the agency that is prescribed by regulation to the extent the information is held by the agency.

(2)An agency must, as far as is reasonably practicable, publish the agency’s publication scheme on an accessible agency website.

(3)However, if it is not reasonably practicable for an agency to publish a part of the agency’s publication scheme on an accessible agency website, the agency must publish information on the accessible agency website about how a person may access the part of the agency’s publication scheme.

Example for subsection (3)—

If a part of an agency’s publication scheme can only be accessed in person, the agency must publish information on an accessible agency website stating how the part of the agency’s publication scheme can be accessed in person.

(4)Nothing in this section prevents an agency from deleting exempt information or contrary to public interest information from the information published under this section.

(5)In this section—

accessible agency website means a website that is—

(a)accessible by members of the public; and

(b)operated by an agency.

agency does not include a prescribed entity under section 16.

22   Disclosure under publication scheme

Without limiting another way an agency may disclose information, it may disclose information under a publication scheme.

22A   Civil liability of Minister for disclosing information

(1)A Minister does not incur civil liability as a result of, or in connection with, disclosing information under a publication scheme or other administrative scheme in good faith.

Examples of disclosing information—

•publishing information on a department’s website

•official publication by decision of Cabinet of information contained in a Cabinet document

(2)If subsection (1) prevents liability attaching to a Minister, the liability attaches instead to the State.

Note—

See also the Public Sector Act 2022, section 269, in relation to the civil liability of prescribed persons engaging in conduct in an official capacity.

Chapter 3    Disclosure by application under this Act

Part 1    Right to access

23   Right to be given access to particular documents

(1)Subject to this Act, a person has a right to be given access under this Act to—

(a)documents of an agency; and

(b)documents of a Minister.

Notes—

1See part 2 for how to exercise this right to access.

2Exclusions of the right are provided for under part 4 (which provides particular circumstances where an entity may refuse to deal with an application) and section 47 (which provides grounds on which an entity may refuse access).

3A limitation on the right is set out in section 73 (which provides that, in particular circumstances, an entity may delete irrelevant information from a document before giving access).

(2)Subsection (1) applies to documents regardless of when the documents came into existence.

Note—

Section 27 deems an access application to apply only to documents that are, or may be, in existence on the day the application is received.

Part 2    Access application

24   Making access application

(1)A person who wishes to be given access to a document of an agency or a document of a Minister under this Act may apply to the agency or Minister for access to the document.

Notes—

1Minister is defined to include an Assistant Minister—see schedule 5.

2Section 25 provides for access applications by parents for children and section 190 clarifies the powers of those acting for others.

3For an application made for a person, the person (and not the agent) is the applicant—see schedule 5, definition applicant. This may be particularly relevant for section 66 (Applicant under financial hardship).

(2)The application must—

(a)be in writing and be accompanied by the application fee; and

(b)give sufficient information concerning the document to enable the agency or Minister to identify the document; and

(c)state an address to which notices under this Act may be sent to the applicant; and

(d)for an application for access to a document containing personal information of the applicant, be accompanied by—

(i)evidence of identity for the applicant; and

(ii)if an agent is acting for the applicant—evidence of the agent’s authorisation.

Examples of an agent’s authorisation—

•the will or court order appointing the agent to act as the applicant’s guardian

•the client agreement authorising a legal practitioner to act for an applicant

•if the application is made in reliance on section 25, evidence the agent is the child’s parent

(3)The application may, but need not be, in the approved form.

(4)The application fee mentioned in subsection (2)(a) may not be waived.

(5)However, no application fee is payable for an application for access to a document if the only document applied for contains personal information of the applicant.

(6)If an applicant pays an application fee for an application but no application fee is payable for the application under subsection (5), the application fee must be refunded as soon as practicable.

Note—

See also section 46(1) in relation to the refund of an application fee if a deemed decision is made.

25   Making access applications for children

(1)Without limiting the ability of persons to make applications for children, an access application may be made for a child by the child’s parent.

Notes—

1Section 190 clarifies the powers of those acting for others.

2For an application made for a child, the child (and not the parent) is the applicant—see schedule 5, definition applicant. This may be particularly relevant for section 66 (Applicant under financial hardship).

(2)In this section—

child means an individual who is under 18 years.

parent—

1Parent, of a child, is any of the following persons—

(a)the child’s mother;

(b)the child’s father;

(c)a person who exercises parental responsibility for the child, including a person who is granted guardianship of the child under the Child Protection Act 1999 or who otherwise exercises parental responsibility for the child under a decision or order of a federal court or a court of a State.

2However, a person standing in the place of a parent of a child on a temporary basis is not a parent of the child.

3A parent of an Aboriginal child includes a person who, under Aboriginal tradition, is regarded as a parent of the child.

4A parent of a Torres Strait Islander child includes a person who, under Island custom, is regarded as a parent of the child.

26   Access application may not be made to OIC etc.

(1)An access application may not be made or transferred to the OIC, the information commissioner, the RTI commissioner or the privacy commissioner.

(2)Subsection (1) does not apply to an access application made to the OIC by a person who is or was a staff member of the OIC in relation to the person’s personal information.

27   Application for documents then existing

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

(2)However, subsection (1) 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 54 (a post-application document).

(3)If the agency or Minister gives the applicant access to a post-application document—

(a)no processing charge or access charge is payable in relation to the document; and

(b)the applicant is not entitled to review under this Act of a decision about the document made in relation to the application.

28   Application for metadata

(1)An access application for a document is taken not to include an application for access to metadata about the document unless the access application expressly states that it does.

(2)If an access application for a document expressly states that access to metadata about the document is sought, access to the metadata does not need to be given unless access is reasonably practicable.

(3)In this section—

metadata, about a document, includes information about the document’s content, author, publication date and physical location.

29   Application not for backup system documents

(1)An access application, however expressed, for a document does not require an agency or Minister to search for the document from a backup system.

(2)However, subsection (1) 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—

While a search for a document from a backup system is not generally required before refusing access on the ground that the document is nonexistent or unlocatable, a search is required in the particular circumstances mentioned in section 52(2).

Part 3    Dealing with application

Division 1 Decision-maker

30   Decision-maker for application to agency

(1)An access application to an agency must be dealt with for the agency by the agency’s principal officer.

(2)The agency’s principal officer may delegate the power to deal with the application to another officer of the agency.

(3)Also, for an agency other than a local government, the agency’s principal officer may, with the agreement of another agency’s principal officer, delegate the power to deal with the application to the other agency’s principal officer.

(4)The principal officer of the other agency may subdelegate a power delegated to the principal officer under subsection (3).

Note—

Under the Acts Interpretation Act 1954, section 27A(2), a delegation may be revoked, wholly or partly, by the delegator. Accordingly, a delegation may be revoked before a decision is made in a particular case and the delegator may make the decision.

(5)However—

(a)a principal officer may not, under subsection (2) or (4) delegate the power to deal with the application to the extent it involves—

(i)making a healthcare decision; or

(ii)appointing a healthcare professional under paragraph (b); but

(b)the agency may appoint an appropriately qualified healthcare professional to make a healthcare decision in relation to the application.

(6)In this section—

healthcare decision means a decision about any of the following matters—

(a)whether disclosure to the applicant of relevant healthcare information about the applicant might be prejudicial to the physical or mental health or wellbeing of the applicant under section 51;

(b)whether to refuse access under section 47(3)(d);

(c)whether to give access despite being able to refuse access under section 47(3)(d);

(d)whether to give a direction under section 77(2);

(e)whether to approve a healthcare professional under section 77(2).

power to deal, with an access application, includes power to deal with an application for internal review in relation to the access application.

Examples of dealing with an application for internal review—

•making a new decision under section 80(2)

•giving notice under section 83(3)

31   Decision-maker for application to Minister

(1)An access application to a Minister may be dealt with by the person the Minister directs, either generally or in a particular case.

(2)However—

(a)the Minister may not direct the person to deal with the application to the extent it involves—

(i)making a healthcare decision; or

(ii)appointing a healthcare professional under paragraph (b); but

(b)the Minister may appoint an appropriately qualified healthcare professional to make a healthcare decision in relation to the application.

(3)In this section—

deal, with an access application, includes deal with an application for internal review in relation to the access application.

Examples of dealing with an application for internal review—

•making a new decision under section 80(2)

•giving notice under section 83(3)

healthcare decision see section 30.

Division 2 Preliminary contact with applicant

32   Application or part of application outside scope of Act

(1)This section applies if—

(a)a person makes an application under this Act to an entity for access to a document; and

(b)the entity decides the application or a part of the application is outside the scope of this Act for 1 or more of the following reasons—

(i)the application or part relates to a document that is not a document of an agency or a document of a Minister;

(ii)for the application or part, the entity is an entity to which this Act does not apply;

(iii)the application or part is made to the OIC, the information commissioner, the RTI commissioner or the privacy commissioner in contravention of section 26.

(2)Within 25 business days after the application is received, the entity must give prescribed written notice of the decision to the applicant.

Note—

A decision that an application or a part of an application is outside the scope of this Act under any of schedule 2, part 2, items 1 to 8 is a judicial function decision (see schedule 5, definition judicial function decision) which is not a reviewable decision (see schedule 4A, section 1(a)), but may be appealed to the appeal tribunal (see section 119(2)).

(3)If an entity gives prescribed written notice to an applicant of a decision under this section in relation to only part of an application—

(a)the application continues to be an access application excluding the part of the application the subject of the decision; and

(b)the entity must consider the access application as continued under paragraph (a).

33   Noncompliance with application requirement

(1)This section applies if—

(a)a person purports to make an access application for a document to an agency or Minister; and

(b)the application does not comply with all relevant application requirements.

(2)The agency or Minister must make reasonable efforts to contact the person within 15 business days after the purported application is received and inform the person how the application does not comply with a relevant application requirement.

(3)An agency or Minister must not refuse to deal with an access application because it does not comply with all relevant application requirements without first giving the applicant a reasonable opportunity to consult with a view to making any changes or doing any other thing necessary to make the application in a form complying with all relevant application requirements.

Example of doing a thing for subsection (3)—

paying the application fee

(4)The applicant is taken to have made an access application under this Act if and when the application is made in a form complying with all relevant application requirements.

(5)Subsection (4) does not limit section 32.

(6)If, after giving the opportunity mentioned in subsection (3) and any consultation, an agency or Minister decides the application does not comply with all relevant application requirements, the agency or Minister must, within 10 business days after making the decision, give the applicant prescribed written notice of the decision.

(7)The agency or Minister must provide advice and help, to the extent it would be reasonable to expect the agency or Minister to do so, to help the applicant to make an access application in a form complying with all relevant application requirements.

(8)In this section—

relevant application requirement, for an access application, means a matter set out in section 24(2) that is required for the application.

34   [Repealed]

35   [Repealed]

36   Charges estimate notice

(1)If a person makes an access application to an agency or Minister, the agency or Minister must—

(a)consider whether a processing charge or access charge is payable in relation to the application; and

(b)if a processing charge or access charge is payable in relation to the application—give the applicant a charges estimate notice before the end of the processing period for the application.

(2)After receiving a charges estimate notice, the applicant may consult with the agency or Minister with a view to narrowing the application to reduce the applicable charges.

(3)If the applicant does not confirm, narrow or withdraw the access application within the prescribed period, the applicant is taken to have withdrawn the applicant’s application at the end of the prescribed period.

(4)If the applicant narrows the access application within the prescribed period, the agency or Minister must, before the end of the processing period for the application, give the applicant a new charges estimate notice.

(5)If the applicant does not confirm or withdraw the access application, as narrowed under subsection (4), within the prescribed period, the applicant is taken to have withdrawn the applicant’s application at the end of the prescribed period.

(6)Subsections (2) to (5) do not apply if a decision is made, under part 6, division 3, to waive charges.

(7)In this section—

charges estimate notice, for an access application, means a written notice stating the following details—

(a)if a request has been made to an agency or Minister for waiver of charges—the agency’s or Minister’s decision on whether charges will be waived under part 6, division 3;

(b)the agency’s or Minister’s estimate of the amount of any processing charge or access charge;

(c)the basis on which the estimate is made;

(d)the day the decision was made;

(e)the name and designation of the person making the decision;

(f)for a notice given under subsection (1)—the effect of subsections (2) and (3);

(g)for a notice given under subsection (4)—the effect of subsection (5);

(h)any rights of review under this Act in relation to the decision, the procedures to be followed for exercising the rights and the time within which an application for review must be made.

prescribed period—

1

The prescribed period is 20 business days from the date of the charges estimate notice or any longer period agreed under paragraph 2.

2The applicant and the agency or Minister may agree to extend the prescribed period.

Division 3 Contact with relevant third party

37   Disclosure of concern to third party

(1)An agency or Minister may give access to a document that contains information the disclosure of which may reasonably be expected to be of concern to a government, agency or person (the relevant third party) only if the agency or Minister has taken the steps that are reasonably practicable—

(a)to obtain the views of the relevant third party about whether—

(i)the document is a document to which this Act does not apply; or

(ii)the information is exempt information or contrary to public interest information; and

(b)to inform the relevant third party that if access is given to the document because of an access application, access may also be given to the document under a disclosure log.

(2)If disclosure of information may reasonably be expected to be of concern to a person but for the fact that the person is deceased, subsection (1) applies as if the person’s representative were a relevant third party.

(3)If—

(a)the agency or Minister obtains the views of the relevant third party and the relevant third party considers—

(i)the document is a document to which this Act does not apply; or

(ii)the information is exempt information or contrary to public interest information; but

(b)the agency or Minister decides—

(i)the document is a document to which this Act does apply; or

(ii)the information is not exempt information or contrary to public interest information;

the agency or Minister must—

(c)give prescribed written notice of the decision of the agency or Minister to the applicant and the relevant third party; and

(d)defer giving access to the document until after—

(i)the agency or Minister is given written notice by the relevant third party that it 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 under this Act is made by the end of the review period—the review has ended (whether because of an informal resolution or because of a decision of the entity conducting the review).

(4)The agency or Minister must give the applicant written notice when access is no longer deferred under subsection (3)(d).

(5)In this section—

representative, in relation to a deceased person, 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.

Division 4 Transfers

38   Transfer of application

(1)An agency to which an application has been made (the original agency) may transfer the application to another agency if—

(a)the document to which the application relates is not in the original agency’s possession but is, to the original agency’s knowledge, in the other agency’s possession; and

(b)the other agency consents to the transfer.

(2)An application that is transferred from 1 agency to another agency is taken to have been made to the other agency.

(3)If an application is made to an agency for access to 2 or more documents, at least 1 of which is a document mentioned in subsection (1)(a), this section (other than subsections (4) and (5)) applies to each of the documents as if separate applications had been made to the agency for each of the documents.

(4)If part of an application is transferred under this section and the transferred part of the application relates to a document that does not contain personal information of the applicant, a separate application fee is payable for the transferred part of the application.

(5)However, if the part of the application which is not transferred under this section relates only to a document that contains personal information of the applicant, subsection (4) applies only to the extent that there is a transfer to more than 1 agency.

(6)In this section—

agency includes a Minister.

application includes a purported application.

Part 4    Refusal to deal with application

39   Pro-disclosure bias in deciding to deal with applications

(1)It is the Parliament’s intention that if an access application is made to an agency or Minister, the agency or Minister should deal with the application unless this would, on balance, be contrary to the public interest.

(2)Sections 40, 41 and 43 state the only circumstances in which the Parliament considers it would, on balance, be contrary to the public interest to deal with an access application.

(3)However, it is the Parliament’s intention that this Act should be administered with a pro-disclosure bias and an agency or Minister may deal with an access application even if this Act provides that the agency or Minister may refuse to deal with the application.

40   Exempt information

(1)This section applies if—

(a)an access 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 comprised of exempt information.

(2)The agency or Minister may refuse to deal with the application without having identified any or all of the documents.

41   Effect on agency’s or Minister’s functions

(1)An agency or Minister may refuse to deal with an access application or, if the agency or Minister is considering 2 or more access 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 any 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 any documents, or to give access to edited copies of any documents, including resources that would have to be used—

(i)in examining any documents; or

(ii)in consulting in relation to the application with a relevant third party under section 37; or

(c)in making a copy, or edited copy, of any documents; or

(d)in notifying any final decision on the application.

(3)In deciding whether to refuse, under subsection (1), to deal with an access application, 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.

42   Prerequisites before refusal because of effect on functions

(1)An agency or Minister may refuse to deal with an access application under section 41 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 the prescribed consultation period for the notice, the applicant may consult with the agency or Minister with a view to making an application in a form that would remove the ground for refusal; and

(iii)stating the effect of subsections (2) to (6); and

(b)the agency or Minister has given the applicant a reasonable opportunity to consult with the agency or Minister; and

(c)the agency or Minister has, as far as is reasonably practicable, given the applicant any information that would help the making of an application in a form that would remove the ground for refusal.

(2)Following any consultation, the applicant may give the agency or Minister written notice either confirming or narrowing the application.

(3)If the application is narrowed, section 41 applies in relation to the changed application but this section does not apply to it.

(4)If the applicant fails to consult after being given notice under subsection (1), the applicant is taken to have withdrawn the application at the end of the prescribed consultation period.

(5)Without limiting subsection (4), the applicant is taken to have failed to consult if, by the end of the prescribed consultation period, the applicant has not given the agency or Minister written notice under subsection (2).

(6)In this section—

prescribed consultation period, for a written notice under subsection (1)(a), means—

(a)the period of 10 business days after the date of the notice; or

(b)the longer period agreed by the agency or Minister and the applicant whether before or after the end of the 10 business days mentioned in paragraph (a).

43   Previous application for same documents

(1)This section applies if—

(a)an applicant makes an access application to an agency or Minister (the first application); and

(b)the applicant makes another access application (the later application) to the same agency or Minister for access to 1 or more of the same documents sought under the first application and the later application does not, on its face, disclose any reasonable basis for again seeking access to the document or documents.

(2)For subsection (1)(a), the first application—

(a)does not include an access application taken to have been withdrawn under section 36(3) or (5) or 42(4); and

(b)if an access application has been narrowed under section 36 or 42—means only the access application as changed.

(3)The agency or Minister may refuse to deal with the later application to the extent it is for access to a document or documents sought under the first application if—

(a)when the later application was made, the agency or Minister had not decided the first application; or

(b)in relation to the first application—

(i)the applicant had been given notice under section 54 that access was to be given to the document sought or to some or all of the documents sought; or

(ii)the agency or Minister had decided that the application was for a document to which this Act does not apply; or

(iii)the agency or Minister had decided the document or documents sought were documents access to which was refused under section 47; or

(iv)the agency or Minister had refused to deal with it under this part; or

(c)the agency’s or Minister’s decision on the first application—

(i)is the subject of a review and the review is not complete; or

(ii)has been the subject of a completed review (other than an internal review).

(4)For subsection (3), if a document sought under the later application is merely a record of the first application having been made (a record document), access to a record document is taken to have been sought under the first application.

(5)For subsection (3)(c)—

(a)review means an internal review, an external review or a proceeding under chapter 3B, part 4; and

(b)a review is complete if the review has ended because of an informal resolution or because of a decision of the entity conducting the review.

Part 5    Decision

44   Pro-disclosure bias in deciding access to documents

(1)It is the Parliament’s intention that if an access application is made to an agency or Minister for a document, the agency or Minister should decide to give access to the document unless giving access would, on balance, be contrary to the public interest.

(2)The purpose of this part is to help the agency or Minister decide whether giving access would, on balance, be contrary to the public interest by—

(a)setting out in schedule 3 types of information the disclosure of which the Parliament has considered would, on balance, be contrary to the public interest; and

(b)setting out in section 49 the steps, and, in schedule 4, factors, for deciding, for other types of information, whether disclosure would, on balance, be contrary to the public interest.

(3)Also, sections 50 and 51 set out circumstances concerning information about a child and personal healthcare information about an applicant in which the Parliament has stated its intention about what is in the best interests of the child and applicant.

(4)However, it is the Parliament’s intention that this Act should be administered with a pro-disclosure bias and an agency or Minister may give access to a document even if this Act provides that access to the document may be refused.

45   Considered decision on access application

If a person makes an access application for a document to an agency or Minister, the agency or Minister must—

(a)after considering the application, make a decision (a considered decision)—

(i)whether access is to be given to the document; and

(ii)if access is to be given—whether any charge must be paid before access is given; and

(b)give the person written notice of the decision under section 54.

46   Deemed decision on access application

(1)If an applicant is not given written notice of the decision by the end of the processing period for an access application for a document—

(a)on the last day of the processing period the principal officer of the agency or the Minister is taken to have made a decision (a deemed decision) refusing access to the document; and

(b)any application fee paid for the application must be refunded as soon as practicable after the end of the processing period.

(2)As soon as practicable after a deemed decision is taken to have been made, the principal officer or Minister must give prescribed written notice of the decision to the applicant.

47   Grounds on which access may be refused

(1)This section sets out grounds on which access may be refused.

(2)It is the Parliament’s intention that—

(a)the grounds are to be interpreted narrowly; and

(b)an agency or Minister may give access to a document even if a ground on which access may be refused applies.

(3)On an application, an agency may refuse access to a document of the agency and a Minister may refuse access to a document of the Minister—

(a)to the extent the document comprises exempt information under section 48; or

(b)to the extent the document comprises information the disclosure of which would, on balance, be contrary to the public interest under section 49; or

(c)to the extent the document is sought under an application by or for a child and comprises the child’s personal information the disclosure of which would not be in the child’s best interests under section 50; or

(d)to the extent the document comprises an applicant’s relevant healthcare information the disclosure of which might be prejudicial to the physical or mental health or wellbeing of the applicant under section 51; or

(e)because the document is nonexistent or unlocatable as mentioned in section 52; or

(f)because other access to the document is available as mentioned in section 53.

Note—

Only a principal officer, Minister or appointed healthcare professional may refuse access to a document of an agency as mentioned in paragraph (d)—see sections 30(5) and 31(2).

(4)In this section—

child means an individual who is under 18 years.

48   Exempt information

(1)If an access application is made to an agency or Minister for a document, the agency or Minister must decide to give access to the document unless disclosure would, on balance, be contrary to the public interest.

(2)Schedule 3 sets out the types of information the disclosure of which the Parliament has considered would, on balance, be contrary to the public interest.

(3)However, despite an agency or Minister being able, under section 47(3)(a), to refuse access to all or part of a document, the agency or Minister may decide to give access.

(4)In this Act—

exempt information means the information that is exempt information under schedule 3.

49   Contrary to public interest

(1)If an access application is made to an agency or Minister for a document, the agency or Minister must decide to give access to the document unless disclosure would, on balance, be contrary to the public interest.

(2)This section sets out the steps, and, in schedule 4, factors, the Parliament considers appropriate for deciding, for types of information (other than exempt information), whether disclosure would, on balance, be contrary to the public interest.

(3)If it is relevant for an agency or Minister to consider whether, on balance, disclosure of information would be contrary to the public interest, the agency or Minister must undertake the following steps—

(a)identify any factor that is irrelevant to deciding whether, on balance, disclosure of the information would be contrary to the public interest that applies in relation to the information (an irrelevant factor), including, for example, any factor mentioned in schedule 4, part 1;

(b)identify any factor favouring disclosure that applies in relation to the information (a relevant factor favouring disclosure), including, for example, any factor mentioned in schedule 4, part 2;

(c)identify any factor favouring nondisclosure that applies in relation to the information (a relevant factor favouring nondisclosure), including, for example, any factor mentioned in schedule 4, part 3 or 4;

(d)disregard any irrelevant factor;

(e)having regard to subsection (4), balance any relevant factor or factors favouring disclosure against any relevant factor or factors favouring nondisclosure;

(f)decide whether, on balance, disclosure of the information would be contrary to the public interest;

(g)unless, on balance, disclosure of the information would be contrary to the public interest, allow access to the information subject to this Act.

(4)The factors mentioned in schedule 4, part 4 are factors where disclosure could reasonably be expected to cause a public interest harm (harm factors) but the fact that 1 or more of the relevant factors favouring nondisclosure is a harm factor does not of itself mean that, on balance, disclosure of the information would be contrary to the public interest.

(5)However, despite an agency or Minister being able, under section 47(3)(b), to refuse access to all or part of a document, the agency or Minister may decide to give access.

50   Contrary to child’s best interests

(1)If an access application is made to an agency or Minister for a document, the agency or Minister must decide to give access to the document unless disclosure would, on balance, be contrary to the public interest.

(2)Despite schedule 3, section 12(2) and schedule 4, part 2, item 8, in relation to an application by or for a child for access to a document, the Parliament considers it would, on balance, be contrary to the public interest to give access to the document to the extent it comprises personal information of the child if the disclosure of the information would not be in the child’s best interests.

(3)In considering whether disclosure of the information would not be in the best interests of the child, the agency or Minister must, unless the access application was made for the child, have regard to 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 the child’s best interests.

(4)However, despite an agency or Minister being able, under section 47(3)(c), to refuse access to all or part of a document, the agency or Minister may decide to give access.

(5)In this section—

child means an individual who is under 18 years.

51   Contrary to applicant’s best interests—healthcare information

(1)If an access application is made to an agency or Minister for a document, the agency or Minister must decide to give access to the document unless disclosure would, on balance, be contrary to the public interest.

(2)Despite schedule 3, section 12(2) and schedule 4, part 2, item 7, the Parliament considers it would, on balance, be contrary to the public interest to give access to a document to the extent it comprises relevant healthcare information of the applicant if the disclosure of the information might be prejudicial to the physical or mental health or wellbeing of the applicant.

Note—

Only a principal officer, Minister or appointed healthcare professional may decide whether disclosure might be prejudicial to the physical or mental health or wellbeing of the applicant—see sections 30(5) and 31(2).

(3)However, despite an agency or Minister being able, under section 47(3)(d), to refuse access to all or part of a document, the agency or the Minister may decide to give access.

Notes—

1Only a principal officer, Minister or appointed healthcare professional may decide to give access under subsection (3)—see sections 30(5) and 31(2).

2Also, relevant healthcare information to which access is refused may ultimately be disclosed to the applicant by the applicant’s nominated healthcare professional under section 77.

52   Document nonexistent or unlocatable

(1)For section 47(3)(e), a document is nonexistent or unlocatable if—

(a)the agency or Minister dealing with the application for access is satisfied the document does not exist; or

Example—

a document that has not been created

(b)the agency or Minister dealing with the application for access is satisfied—

(i)the document has been or should be in the agency’s or Minister’s possession; and

(ii)all reasonable steps have been taken to find the document but the document can not be found.

Examples—

•a document that has been lost

•a document that has been disposed of under a disposal authorisation given by the State Archivist under the Public Records Act 2023

Note—

Under the Public Records Act 2023, section 23, it is an offence to dispose of a public record without authorisation.

(2)Before an agency or Minister may be satisfied under subsection (1)(a) that a prescribed document does not exist, a search for the document from a backup system is required, but only if the agency or Minister considers the document has been kept in, and is retrievable from, the backup system.

(3)Subject to subsection (2), a search for a document from a backup system is not required before the document is nonexistent or unlocatable for section 47(3)(e).

(4)In this section—

prescribed document means a document that—

(a)is a document required to be kept under the Public Records Act 2023; and

(b)is not a document that the agency or Minister could lawfully have disposed of under the Public Records Act 2023.

53   Other access available

For section 47(3)(f), other access is available to a document if—

(a)the applicant can reasonably access the document under another Act, or under arrangements made by an agency, whether or not the access is subject to a fee or charge; or

Note—

A document mentioned in an agency’s disclosure log is a document an applicant can reasonably get access to under arrangements made by the agency.

(b)the document is reasonably available for public inspection under the Public Records Act 2023 or in a public library; or

(c)the document—

(i)is stored for preservation or safe custody in the Queensland State Archives; and

(ii)is a copy of a document of an agency; or

(d)the document is commercially available.

54   Notification of decision and reasons

(1)An agency or Minister must give a prescribed written notice to an applicant for an access application of—

(a)the decision on the application, including a decision to refuse to deal with the application; and

(b)if the application relates to a document that is not a document in the possession, or under the control, of the agency or Minister—the fact that the document is not a document in the possession, or under the control, of the agency or Minister.

(2)In addition to the details that must be stated in a prescribed written notice, the notice must also specify the following—

(a)if access to a document is to be given—

(i)an itemisation of any processing and access charges payable by the applicant; and

(ii)the period within which the applicant may access the document under section 69 (the access period); and

(iii)details of the publication of the document, or of information about the document, that is required or permitted by section 78A, if the applicant accesses the document within the access period and the document does not contain personal information of the applicant; and

(iv)details of the publication of the document, or of information about the document, that is required or permitted by section 78A, if the applicant fails to access the document within the access period and the document does not contain personal information of the applicant;

(b)if access is to be given to a copy of a document subject to the deletion under section 73 of irrelevant information—the fact that the document is such a copy;

(c)if access is to be given to a copy of a document subject to the deletion under section 74 of exempt information—

(i)the fact that the document is such a copy; and

(ii)the provision of schedule 3 under which the information is exempt information; and

(iii)the reasons for the decision classifying the information as exempt information;

(d)if access is to be given to a copy of a document subject to the deletion under section 75 of contrary to public interest information—

(i)the fact that the document is such a copy; and

(ii)the factors identified as favouring disclosure and the factors identified as favouring nondisclosure under section 49; and

(iii)the reasons for the decision that, on balance, disclosure would be contrary to the public interest under section 49;

(e)if access is to be given to a copy of a document subject to the deletion under section 75A of the personal information of a child—

(i)the fact that the document is such a copy; and

(ii)the reason under section 50 the agency or Minister considers disclosure of the information would not be in the best interests of the child;

(f)if access is to be given to a copy of a document subject to the deletion under section 75B of relevant healthcare information of the applicant—

(i)the fact that the document is such a copy; and

(ii)the reason under section 51 the agency or Minister considers disclosure of the information to the applicant might be prejudicial to the physical or mental health or wellbeing of the applicant;

(g)if access to a document is to be given subject to deferral under section 72—

(i)the reason for the deferral; and

(ii)the day on which the agency or Minister expects the document to be presented or released as mentioned in section 72;

(h)if dealing with the access application is refused under section 40—

(i)the provision of schedule 3 under which the information in the document is exempt information; and

(ii)the reasons for the decision classifying the information as exempt information;

(i)if access to a document is refused under section 47(3)—

(i)the processing charges payable by the applicant; and

(ii)the provision of section 47(3) under which access is refused; and

(iii)if access is refused under section 47(3)(a)—

(A)the provision of schedule 3 under which the information in the document is exempt information; and

(B)the reasons for the decision classifying the information as exempt information; and

(iv)if access is refused under section 47(3)(b)—

(A)the factors identified as favouring disclosure and the factors identified as favouring nondisclosure under section 49; and

(B)the reasons for the decision that, on balance, disclosure would be contrary to the public interest under section 49; and

(v)if access is refused under section 47(3)(c)—the reason under section 50 the agency or Minister considers access would not be in the best interests of the child; and

(vi)if access is refused under section 47(3)(d)—the reason under section 51 the agency or Minister considers that the disclosure to the applicant might be prejudicial to the physical or mental health or wellbeing of the applicant; and

(vii)if access is refused under section 47(3)(e)—the provision of section 52(1) under which the document is nonexistent or unlocatable; and

(viii)if access is refused under section 47(3)(f)—the type of access to the document under section 53 that is available.

(3)An agency or Minister is not required to include any exempt information or contrary to public interest information in the notice.

(4)Subsection (2)(a)(ii) does not apply if the document is given with the notice.

(5)This section does not apply in relation to a deemed decision.

55   Information as to existence of particular documents

(1)Nothing in this Act requires an agency or Minister to give information as to the existence or non-existence of a document containing prescribed information.

(2)For an access application for a document containing prescribed information, the agency or Minister may give a prescribed written notice that does not include the details mentioned in section 191(a) or (b) but, by way of a decision, states that—

(a)the agency or Minister neither confirms nor denies the existence of that type of document as a document of the agency or a document of the Minister; but

(b)assuming the existence of the document, it would be a document to which access would be refused under section 47(3) to the extent it comprised prescribed information.

(3)To avoid any doubt, it is declared that a decision that states the matters mentioned in subsection (2) is a decision refusing access to a document under section 47.

Note—

A decision refusing access to a document under section 47 is a reviewable decision—see schedule 4A, section 1(e).

Part 6    Charging regime

Division 1 Preliminary

56   Meaning of processing charge

In this Act, processing charge, in relation to an access application for a document, means the charge prescribed under a regulation for—

(a)searching for or retrieving the document; and

(b)making, or doing things related to making, a decision on the application.

57   Meaning of access charge

In this Act, access charge, in relation to an access application for a document, means the charge prescribed under a regulation in relation to giving access to the document.

58   Duty in relation to processing charge and access charge

It is the duty of the agency or Minister to minimise any charges payable by an applicant.

59   No processing charge for personal information

To remove any doubt, it is declared that no processing charge is payable in relation to a document containing personal information of the applicant.

Division 2 Payment of charges

60   Requirement to pay charges

(1)Before an applicant for an access application for a document is given access to the document, the applicant must pay the applicable processing charge and access charge for the application.

(2)An applicant for an access application for a document must pay the applicable processing charge for the application even if—

(a)access to the document is refused under this Act; or

(b)the applicant does not seek to access the document within the access period mentioned in section 69 after a decision is made to give access.

61   Amount of charges

(1)The amount payable for the processing charge for an access application may not be more than the estimated processing charge set out in the final charges estimate notice for the application.

(2)The amount payable for the access charge for an access application may not be more than the estimated access charge set out in the final charges estimate notice for the application.

Note—

Also, if an applicant is given access to a document in a form different to the form of access requested by the applicant, the applicant must not be required to pay a charge that is more than the charge that would have been payable if access had been given in the form requested by the applicant—see section 68(5).

62   Refund of excess payment

If an applicant pays an agency or Minister an amount for the processing charge and access charge that is more than the amount of the processing charge and access charge ultimately payable under this Act, the agency or Minister must refund the difference to the applicant.

Division 3 Waiver of charges

63   Waiver under div 3 only

A processing charge or access charge may be waived only under this division.

64   Uneconomical to charge

(1)A processing charge, or access charge, for an access application may be waived if the agency or Minister considers the likely associated costs to the agency or Minister would be more than the likely amount of the charge.

(2)In this section—

associated costs mean the costs of—

(a)estimating and otherwise complying with this Act in relation to the charge; and

(b)receiving payment of the charge.

65   Agency or Minister has delayed

A processing charge may be waived under section 93(2).

66   Applicant under financial hardship

(1)This section applies if, at any time, an applicant makes a written request to an agency or Minister that the applicable processing charge or access charge for the application be waived.

(2)The agency or Minister must decide to waive any processing charge, or access charge, for the application if—

(a)for an applicant who is an individual—

(i)the request is accompanied by a copy of a concession card; and

(ii)the agency or Minister considers the applicant is the holder of a concession card; and

(iii)the agency or Minister considers the applicant is not making the application for some other person who is seeking to avoid the payment of a charge; or

(b)for an applicant that is a non-profit organisation—there is in effect a decision of the information commissioner that the non-profit organisation has financial hardship status under section 67.

(3)The agency or Minister must give the applicant a prescribed written notice of a decision under subsection (2) before the end of the processing period.

(4)However, subsection (3) does not apply if the agency or Minister has given the applicant a charges estimate notice that includes a decision that charges are not to be waived.

(5)In this section—

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.

holder, of a concession card, at a time the concession card is being relied on for a purpose under this Act, means a person who is named on the concession card and would be qualified to be named on the concession card if the concession card were issued at the time the concession card is being relied on.

67   Financial hardship status for non-profit organisation

(1)The information commissioner may, on written application by a non-profit organisation, decide whether a non-profit organisation has financial hardship status by considering the nature and size of the organisation’s funding base and the amount of the organisation’s liquid funds.

Example—

The fact an organisation receives significant government funding may indicate its finances are strictly limited.

(2)The commissioner must give a non-profit organisation that has applied for financial hardship status prescribed written notice of the decision.

(3)The commissioner’s decision that a non-profit organisation has financial hardship status has effect for 1 year from the date of the decision.

(4)While there is in effect a decision that a non-profit organisation has financial hardship status—

(a)the non-profit organisation must give the commissioner written notice of any substantial improvement in the organisation’s financial circumstances as soon as practicable after the improvement happens; and

(b)the commissioner may revoke the decision if the commissioner considers that the non-profit organisation’s financial circumstances at any time result in the commissioner considering that the organisation should not have financial hardship status.

(5)If the commissioner revokes a decision that a non-profit organisation has financial hardship status, the commissioner must, as soon as practicable, give the organisation prescribed written notice of the revocation.

(6)If an organisation that has made an access application to an agency or Minister receives a notice under subsection (5) during the processing period for the application, the organisation must immediately advise the agency or Minister that the decision that the organisation has financial hardship status has been revoked.

(7)If the commissioner gives a non-profit organisation written notice of a decision that it is not to be given financial hardship status, the non-profit organisation may not make another application for a decision under subsection (1) unless—

(a)there is a substantial deterioration in its financial circumstances; or

(b)it is more than 1 year since the date of the commissioner’s decision.

Part 7    Giving access

Division 1 Giving access to applicant

68   Forms of access

(1)Access to a document may be given to a person in 1 or more of the following forms—

(a)a reasonable opportunity to inspect the document;

(b)providing a copy of the document;

(c)if the document is an article or material from which sounds or visual images are capable of being reproduced—making arrangements for the person to hear the sounds or view the images;

(d)if the document is one—

(i)by which words are recorded in a way in which they are capable of being reproduced in the form of sound; or

(ii)in which words are contained in the form of shorthand writing or in codified form;

providing a written transcript of the words recorded or contained in the document;

(e)if—

(i)the application relates to information that is not contained in a written document in the possession, or under the control, of the agency; and

(ii)the agency could create a written document containing the information using equipment that is usually available to it for retrieving or collating stored information;

providing a written document created using the equipment.

(2)For subsection (1)(a) and (b), the reference to the document includes a reference to a copy of the document from which information has been deleted under sections 73 to 75B.

(3)Subject to this section and sections 73 to 75B, if an applicant has requested access in a particular form, access must be given in that form.

(4)If giving access in the form requested by the applicant—

(a)would interfere unreasonably with the operations of the agency, or the performance by the Minister of the Minister’s functions; or

(b)would be detrimental to the preservation of the document or, having regard to the physical nature of the document, would be inappropriate; or

(c)would involve an infringement of the copyright of a person other than the State;

access in that form may be refused and given in another form.

(5)If an applicant is given access to a document in a form different to the form of access requested by the applicant, the applicant must not be required to pay a charge that is more than the charge that would have been payable if access had been given in the form requested by the applicant.

(6)Access under subsection (1)(a) to a document to which section 181 or 182 applies must be given by affording the applicant a reasonable opportunity to inspect the document on the premises of the Queensland State Archives or public library or in an office of an agency.

(7)If a document is more than 25 years old or in the custody of the Queensland State Archives, the State Archivist may direct that access not be given in 1 or more, but not all, of the forms mentioned in subsection (1) if, in the State Archivist’s opinion, giving access in that form would be detrimental to the document’s preservation or, having regard to the physical nature of the document, would be inappropriate.

(8)This section does not prevent an agency or Minister giving access to a document in another form agreed to by the applicant.

69   Time limit for access

(1)This section applies if an applicant for an access application for a document is given access to the document.

(2)The person may access the document—

(a)if the giving of access is deferred under section 37(3)(d) or 72, within—

(i)40 business days after the date of the notice that access is no longer deferred; and

(ii)any additional period allowed by the agency or Minister; or

(b)otherwise, within—

(i)40 business days after the date of the decision to give the person access to the document; and

(ii)any additional period allowed by the agency or Minister.

(3)For subsection (2)(b)(i), the date of the decision to give the person access to the document is—

(a)if the person is given access because of a decision of the agency or Minister—the date of the prescribed written notice; or

(b)if the person is given access because of a decision of the information commissioner, QCAT or a court—the date of the decision; or

(c)if the person is given access because of an informal resolution of an external review—the date of the notice of the commissioner given under section 90(4)(a); or

(d)if the person is given access because of an informal resolution of a proceeding under chapter 3B, part 4—the date of the informal resolution.

(4)If the person does not seek to access the document within the 40 business days, or any additional period allowed by the agency or Minister, the person’s entitlement to access under the application ends.

(5)To remove any doubt, it is declared that subsection (2) does not entitle a person to access a document without paying any processing charge and access charge payable under part 6.

70   Precautions

(1)This section applies if—

(a)an access application is made to an agency or Minister for a document containing personal information of a person (the first person); and

(b)disclosure of the information would, on balance, be contrary to the public interest under section 49, or the information would be exempt information, if the application were made by a person other than the first person or the first person’s agent.

(2)The agency or Minister must ensure, by the adoption of appropriate procedures, that any information intended for the applicant is received—

(a)if the application is made by the applicant’s agent—only by the applicant or the agent; or

(b)in any other case—only by the applicant.

71   Precautions for children

(1)This section applies if—

(a)an access application states that it is made for a child by the child’s parent; and

(b)the application is for documents containing the child’s personal information.

(2)The agency or Minister must ensure, by the adoption of appropriate procedures, that any information intended for the child is received only by the parent.

(3)In this section—

child see section 25.

parent see section 25.

72   Deferral of access

(1)An agency or Minister may defer giving access to a document for a reasonable period if the document was prepared—

(a)for presentation to the Assembly or a committee of the Assembly; or

(b)for release to the media; or

(c)solely for inclusion, in the same or an amended form, in a document to be prepared for a purpose mentioned in paragraph (a) or (b);

and the document is yet to be presented or released, or included in a document to be presented or released, as the case may be.

(2)The agency or Minister must give the applicant written notice when access is no longer deferred under subsection (1).

73   Deletion of irrelevant information

(1)This section applies if giving access to a document will disclose to the applicant information the agency or Minister reasonably considers is not relevant to the access application for the document.

(2)The agency or Minister may delete the irrelevant information from a copy of the document and give access to the document by giving access to a copy of the document with the irrelevant information deleted.

(3)However, the agency or Minister may give access to the document under subsection (2) only if the agency or Minister considers it is reasonably practicable to give access to the copy.

74   Deletion of exempt information

(1)This section applies if—

(a)an access application is made for a document containing exempt information; and

(b)it is practicable to give access to a copy of the document from which the exempt information has been deleted.

(2)The agency or Minister must give access to a copy of the document from which the exempt information has been deleted.

(3)This section is subject to section 55.

75   Deletion of contrary to public interest information

(1)This section applies if—

(a)an access application is made for a document containing contrary to public interest information; and

(b)it is practicable to give access to a copy of the document from which the contrary to public interest information has been deleted.

(2)The agency or Minister must give access to a copy of the document from which the contrary to public interest information has been deleted.

(3)This section is subject to section 55.

75A   Deletion of contrary to child’s best interests information

(b)divulge information of a confidential nature that was communicated in confidence by or for another government.

(2)Subsection (1) applies only for 10 years after the information was brought into existence.

(3)The information commissioner may, on application by a prescribed entity, extend the 10 year period if the commissioner considers the extension in the public interest.

(4)An application for an extension may be made before or after the end of the 10 year period.

(5)In this section—

prescribed entity means—

(a)an agency or Minister; or

(b)an entity that would be a relevant third party under section 37 in relation to the document containing the information in relation to which the extension is sought.

2   Affecting investigations by ombudsman or audits by auditor-general

Disclosure of the information could reasonably be expected to cause a public interest harm if disclosure could prejudice the conduct of—

(a)an investigation by the ombudsman; or

(b)an audit by the auditor-general.

3   Affecting particular operations of agencies

Disclosure of the information could reasonably be expected to cause a public interest harm if disclosure could—

(a)prejudice the effectiveness of a method or procedure for the conduct of tests, examinations or audits by an agency; or

(b)prejudice achieving the objects of a test, examination or audit conducted by an agency; or

(c)have a substantial adverse effect on the management or assessment by an agency of the agency’s staff; or

(d)have a substantial adverse effect on the conduct of industrial relations by an agency.

4   Disclosing deliberative processes

(1)Disclosure of the information could reasonably be expected to cause a public interest harm through disclosure of—

(a)an opinion, advice or recommendation that has been obtained, prepared or recorded; or

(b)a consultation or deliberation that has taken place;

in the course of, or for, the deliberative processes involved in the functions of government.

Examples of information of the type mentioned in subsection (1)—

•a document prepared by an agency about projections of future revenue for the State

•a document prepared to inform a decision by an agency about potential road routes, where disclosure of all potential routes, including those that are subsequently rejected, could have a negative impact on property values or cause community concern

(2)If the deliberative processes mentioned in subsection (1) include public consultation, subsection (1) applies only until the public consultation starts.

(3)However, subsection (1) does not apply for information to the extent it consists of—

(a)information that appears in an agency’s policy document; or

(b)factual or statistical information; or

(c)expert opinion or analysis (other than expert opinion or analysis commissioned in the course of, or for, the deliberative processes mentioned in subsection (1)) by a person recognised as an expert in the field of knowledge to which the opinion or analysis relates.

(4)Also, subsection (1) does not apply for information if it consists of—

(a)a report of a body or organisation—

(i)established within an agency; and

(ii)prescribed under a regulation; or

(b)the record of, as a formal statement of the reasons for, a final decision, order or ruling given in the exercise of—

(i)a power; or

(ii)an adjudicative function; or

(iii)a statutory function; or

(iv)the administration of a publicly funded scheme.

5   Disclosing information brought into existence for ensuring security or good order of corrective services facility

(1)Disclosure of the information could reasonably be expected to cause a public interest harm if disclosure would disclose information that—

(a)is in the possession of, or brought into existence by, the department in which the Corrective Services Act 2006 is administered; and

(b)is—

(i)a recording of a telephone call made by an offender from a corrective services facility; or

(ii)an audio recording made in a corrective services facility for the security or good order of the facility; or

(iii)a visual recording of a corrective services facility or a part of a corrective services facility; or

(iv)a document to the extent that it refers to or contains any part of a recording mentioned in subparagraph (i), (ii) or (iii).

(2)In this section—

offender means an offender as defined under the Corrective Services Act 2006.

6   Disclosing personal information

(1)Disclosure of the information could reasonably be expected to cause a public interest harm if disclosure would disclose personal information of a person, whether living or dead.

(2)However, subsection (1) does not apply if what would be disclosed is only personal information of the person by whom, or on whose behalf, an application for access to a document containing the information is being made.

7   Disclosing trade secrets, business affairs or research

(1)Disclosure of the information could reasonably be expected to cause a public interest harm because—

(a)disclosure of the information would disclose trade secrets of an agency or another person; or

(b)disclosure of the information—

(i)would disclose information (other than trade secrets) that has a commercial value to an agency or another person; and

(ii)could reasonably be expected to destroy or diminish the commercial value of the information; or

(c)disclosure of the information—

(i)would disclose information (other than trade secrets or information mentioned in paragraph (b)) concerning the business, professional, commercial or financial affairs of an agency or another person; and

(ii)could reasonably be expected to have an adverse effect on those affairs or to prejudice the future supply of information of this type to government.

(2)However, subsection (1) does not apply if what would be disclosed concerns only the business, professional, commercial or financial affairs of the person by whom, or on whose behalf, an application for access to the document containing the information is being made.

(3)Disclosure of the information could reasonably be expected to cause a public interest harm because disclosure—

(a)would disclose the purpose or results of research, whether the research is yet to be started, has started but is unfinished, or is finished; and

(b)could reasonably be expected to have an adverse effect on the agency or other person by whom, or on whose behalf, the research is intended to be, is being, or was, carried out.

(4)However, subsection (3) does not apply if what would be disclosed concerns only research that is intended to be, is being, or was, carried out by the agency or other person by whom, or on whose behalf, an application for access to the document containing the information is being made.

8   Affecting confidential communications

(1)Disclosure of the information could reasonably be expected to cause a public interest harm if—

(a)the information consists of information of a confidential nature that was communicated in confidence; and

(b)disclosure of the information could reasonably be expected to prejudice the future supply of information of this type.

(2)However, subsection (1) does not apply in relation to deliberative process information unless it consists of information communicated by an entity other than—

(a)a person in the capacity of—

(i)a Minister; or

(ii)a member of the staff of, or a consultant to, a Minister; or

(iii)an officer of an agency; or

(b)the State or an agency.

(3)In this section—

deliberative process information means information disclosing—

(a)an opinion, advice or recommendation that has been obtained, prepared or recorded; or

(b)a consultation or deliberation that has taken place;

in the course of, or for the purposes of, the deliberative processes involved in the functions of government.

9   Affecting State economy

(1)Disclosure of the information could reasonably be expected to cause a public interest harm because disclosure could—

(a)have a substantial adverse effect on the ability of government to manage the economy of the State; or

(b)expose any person or class of persons to an unfair advantage or disadvantage because of the premature disclosure of information concerning proposed action or inaction of the Assembly or government in the course of, or for, managing the economy of the State.

(2)Without limiting subsection (1)(a), that paragraph applies to information the disclosure of which would reveal—

(a)the consideration of a contemplated movement in government taxes, fees or charges; or

(b)the imposition of credit controls.

10   Affecting financial or property interests of State or agency

(1)Disclosure of the information could reasonably be expected to cause a public interest harm because disclosure could have a substantial adverse effect on the financial or property interests of the State or an agency.

(2)Subsection (1) applies only for 8 years after the information was brought into existence.

Schedule 4A Reviewable decisions

schedule 5, definition reviewable decision

1   Decisions relating to access applications

Each of the following decisions relating to an access application is a reviewable decision—

(a)a decision that the application or a part of the application is outside the scope of this Act under section 32(1)(b), other than a judicial function decision;

(b)a decision that the application does not comply with all relevant application requirements under section 33(6);

(c)a decision—

(i)to disclose a document contrary to the views of a relevant third party obtained under section 37; or

(ii)to disclose a document if an agency or Minister should have taken, but has not taken, steps to obtain the views of a relevant third party under section 37;

(d)a decision refusing to deal with the application under chapter 3, part 4;

(e)a decision refusing access to all or part of a document under section 47;

(f)a decision deferring access to a document under section 72;

(g)a decision giving access to documents subject to the deletion of information under section 73;

(h)a decision about whether access is to be given to documents that purports to, but may not, be a decision on all documents the subject of the application;

Example of when decision may not be on all documents the subject of an access application—

an agency has not taken reasonable steps to identify and locate documents applied for by an applicant

(i)a decision giving access to documents in a form different to the form applied for by the applicant, unless access in the form applied for would involve an infringement of the copyright of a person other than the State;

(j)a decision about whether a processing charge or access charge is payable in relation to access to a document (including a decision not to waive charges);

(k)a deemed decision.

2   Decisions relating to amendment applications

Each of the following decisions relating to an amendment application is a reviewable decision—

(a)a decision that the application or a part of the application is outside the scope of this Act under section 78J(1)(b), other than a judicial function decision;

(b)a decision that the application does not comply with all relevant application requirements under section 78K(6);

(c)a decision refusing to deal with the application under chapter 3A, part 4;

(d)a decision refusing amendment of a document under section 78Q;

(e)a decision under section 78V(5) that information to which a notice under section 78V(2) relates is not information in relation to which the applicant was entitled to apply to the agency or Minister for amendment of the document;

(f)a deemed decision.

Schedule 5 Dictionary

section 10

access application means an application under this Act for access.

access charge see section 57.

access was required or permitted to be given under this Act, for chapter 5, part 1, see section 169.

additional funding, for a financial year, for chapter 4, part 7, division 1, see section 168A.

adult child means a child who is 18 years or more.

adult sibling means a sibling who is 18 years or more.

agency see section 14.

agent, in relation to an application, means a person who makes the application for another person.

allocated amount, for a financial year, for chapter 4, part 7, division 1, see section 168A.

amendment application means an application by an individual under chapter 3A to amend a document in relation to the individual’s personal information contained in the document.

appeal tribunal, for chapter 3B, part 4, see section 116.

applicant, in relation to an application, means—

(a)if the application is made for a person—the person; or

(b)otherwise—the person making the application.

application fee, in relation to an access application, means the application fee prescribed under a regulation.

appropriately qualified, for a healthcare professional, means having the qualifications and experience appropriate to assess relevant healthcare information.

approved form means a form approved under section 192.

Assembly means the Legislative Assembly.

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.

change of ownership, for chapter 8, see section 207.

charge does not include an application fee.

charges estimate notice see section 36.

commencement, for chapter 8, see section 207.

commissioner, for chapter 4, part 5, see section 159.

community service obligations see the Government Owned Corporations Act 1993.

competitive commercial activity means an activity carried on, on a commercial basis, in competition with an entity, other than—

(a)the Commonwealth or a State; or

(b)a State authority; or

(c)a local government.

considered decision—

(a)for an access application—see section 45; or

(b)for an amendment application—see section 78Q.

contrary to public interest document means a document containing contrary to public interest information where it is not practicable to give access to a copy of the document from which the contrary to public interest information has been deleted.

contrary to public interest information means information the disclosure of which would, on balance, be contrary to the public interest under section 49.

coroner see the Coroners Act 2003.

coronial document see the Coroners Act 2003.

corrective services facility means a corrective services facility as defined under the Corrective Services Act 2006.

court includes a justice and a coroner.

decision-maker means—

(a)for an access or amendment application to an agency—the person with power in relation to all or part of the application under section 30 or 78H; or

(b)for an access or amendment application to a Minister—the Minister or the person with power in relation to all or part of the application under section 31 or 78I.

deemed decision—

(a)for an access application—see section 46; or

(b)for an amendment application—see section 78R.

disclosure log means a part of an agency’s website called a disclosure log.

document—

(a)of an agency—see section 12; or

(b)of a Minister—see section 13.

document to which this Act does not apply see section 11.

eligible family member—

1

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

(e)if a spouse, adult child, parent or adult sibling is not reasonably available and the deceased person was not an Aboriginal or Torres Strait Islander person—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 or Torres Strait Islander person—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.

2

A person described in item 1 is not reasonably available if—

(a)a person of that description does not exist or is deceased; 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 eligible family member of the deceased person for the purposes of this Act.

entity to which this Act does not apply see section 17.

evidence of identity, in relation to an access or amendment application, means the evidence of identity prescribed under a regulation.

exempt document means a document containing exempt information where it is not practicable to give access to a copy of the document from which the exempt information has been deleted.

exempt information see section 48.

Note—

Access to a document may be refused to the extent it comprises exempt information—see section 47(3)(a).

external review see section 84.

external review application see section 84.

freight operations means 1 or more of the following operations—

(a)coal operations;

(b)bulk freight operations;

(c)intermodal freight operations;

(d)general freight operations;

(e)agricultural freight operations.

function includes a power.

funding proposal, for chapter 4, part 7, division 1, see section 168A.

government includes an agency and a Minister.

healthcare 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.

holds, in relation to an office, includes performs the duties of the office.

information commissioner means the Information Commissioner.

Information Privacy Act ...

interim period, for chapter 8, see section 207.

internal review see section 79.

internal review application see section 79.

internal review processing period see section 82A.

judicial appointments adviser means an entity that has a function under a judicial appointments protocol of—

(a)considering expressions of interest for judicial appointment in Queensland; and

(b)preparing, and presenting to the Attorney-General, a list of candidates who are suitable for judicial appointment in Queensland.

judicial appointments protocol means a protocol establishing a process for considering, consulting on or recommending candidates for judicial appointment in Queensland.

judicial function decision means a decision by an entity under section 32(1)(b) or 78J(1)(b) that an access or amendment application or part of an access or amendment application is outside the scope of this Act under any of schedule 2, part 2, items 1 to 8.

judicial member, for chapter 3B, part 4, see section 116.

justice department means the department in which the Attorney-General Act 1999 is administered.

member of QR Group, for chapter 8, see section 207.

Minister includes an Assistant Minister.

narrow—

(a)for an access application, means change the application by reducing the part of a document or the number of documents to which access is sought under the application; or

(b)for an amendment application, means change the application by reducing the part of a document or the number of documents sought to be amended under the application.

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

officer, in relation to an agency, includes—

(a)the agency’s principal officer; and

(b)a member of the agency; and

(c)a member of the agency’s staff; and

(d)a person employed by or for the agency.

OIC means the office of the information commissioner.

parliamentary committee means—

(a)if the Legislative Assembly resolves that a particular committee of the Assembly is to be the parliamentary committee under this Act—that committee; or

(b)if paragraph (a) does not apply and the standing rules and orders state that the portfolio area of a portfolio committee includes the information commissioner—that committee; or

(c)otherwise—the portfolio committee whose portfolio area includes the department, or the part of a department, in which this Act is administered.

participant, in an external review, means a person who is a participant in the review under section 89.

personal information see the Information Privacy Act 2009, section 12.

policy document, in relation to an agency, means—

(a)a document containing interpretations, rules, guidelines, statements of policy, practices or precedents; or

(b)a document containing details of an administrative scheme; or

(c)a document containing a statement of the way, or intended way, of administration of an enactment or administrative scheme; or

(d)a document describing the procedures to be followed in investigating a contravention or possible contravention of an enactment or administrative scheme; or

(e)another document of a similar kind;

that is used by the agency in connection with the performance of such of its functions as affect or are likely to affect rights, privileges or other benefits, or obligations, penalties or other detriments, to which members of the community are or may become entitled, eligible, liable or subject, but does not include an enactment that has already been published.

portfolio area see the Parliament of Queensland Act 2001, schedule.

portfolio committee see the Parliament of Queensland Act 2001, schedule.

prescribed information means—

(a)exempt information mentioned in schedule 3, section 1, 2, 3, 4, 5, 9 or 10; or

(b)personal information the disclosure of which would, on balance, be contrary to the public interest under section 47(3)(b).

prescribed written notice means a notice under section 191.

principal officer means—

(a)in relation to a department—the chief executive of the department; or

(b)in relation to a local government—the chief executive officer (however described) of the local government; or

(c)in relation to a government owned corporation—the chief executive officer (however described) of the government owned corporation; or

(d)in relation to a subsidiary of a government owned corporation—the principal officer (however described) of the subsidiary; or

(e)in relation to a public authority for which a regulation declares an office to be the principal office—the holder of the office; or

(f)in relation to another public authority—

(i)if it is an incorporated body that has no members—the person who manages the body’s affairs; or

(ii)if it is a body (whether or not incorporated) that is constituted by 1 person—the person; or

(iii)if it is a body (whether or not incorporated) that is constituted by 2 or more persons—the person who is entitled to preside at a meeting of the body at which the person is present.

privacy commissioner means the Privacy Commissioner under the Information Privacy Act 2009.

processing charge see section 56.

processing period see section 18.

publication scheme see section 21.

public authority see section 16.

public library includes—

(a)the State library; and

(b)a local government library; and

(c)a library in the State that forms part of a public tertiary educational institution.

Public Sector Commission means the Public Sector Commission under the Public Sector Act 2022.

QR freight operations ...

QR Limited, for chapter 8, see section 207.

quasi-judicial entity means an entity that exercises quasi-judicial functions.

related body corporate, for chapter 8, see section 207.

relevant healthcare information means healthcare information given by a healthcare professional.

reviewable decision means a decision mentioned in schedule 4A.

review under this Act means internal review or external review.

revision period ...

RTI commissioner see section 147(1).

schedule of relevant documents ...

standing rules and orders see the Parliament of Queensland Act 2001, schedule.

strategic review report see section 188.

subsidiary see the Government Owned Corporations Act 1993.

transfer period ...

Treasurer, for chapter 8, see section 207.