Queensland

Right to Information Act 2009

Current as at 1 March 2023

 © State of Queensland 2023

This work is licensed under a Creative Commons Attribution 4.0 International License.
 Queensland

Right to Information Act 2009

Contents

Page
Chapter 1 Preliminary
Part 1 Introductory
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3 Object of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Act not intended to prevent other publication or access . . . . . . . 13
5 Relationship with other Acts requiring publication or access . . . 13
6 Relationship with other Acts prohibiting disclosure of information 13
7 Relationship with other Acts regulating disposal of information . 14
8 Relationship with Information Privacy Act . . . . . . . . . . . . . . . . . . 14
9 Act binds State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Part 2 Interpretation
10 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
11 Meaning of document to which this Act does not apply . . . . . . . 15
12 Meaning of document of an agency . . . . . . . . . . . . . . . . . . . . . . 15
13 Meaning of document of a Minister . . . . . . . . . . . . . . . . . . . . . . . 16
14 Meaning of agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
15 Local government references for this Act . . . . . . . . . . . . . . . . . . 17
16 Meaning of public authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
17 Meaning of entity to which this Act does not apply . . . . . . . . . . . 19
18 Meaning of processing period, revision period and transfer period 19
Chapter 2 Disclosure other than by application under this Act
19 Other ways of accessing information . . . . . . . . . . . . . . . . . . . . . 20
20 Requirement for policy documents to be publicly available . . . . . 21
21 Requirement for publication scheme . . . . . . . . . . . . . . . . . . . . . . 21
22 Disclosure under publication scheme . . . . . . . . . . . . . . . . . . . . . 22
Chapter 3 Disclosure by application under this Act
Right to Information Act 2009

Contents

Part 1 Right to access

23 Right to be given access to particular documents . . . . . . . . . . . . 22
Part 2 Access application
24 Making access application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
25 Making access applications for children . . . . . . . . . . . . . . . . . . . 24
26 Access application may not be made to commissioner . . . . . . . . 25
27 Application for documents then existing . . . . . . . . . . . . . . . . . . . 26
28 Application for metadata . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
29 Application not for backup system documents . . . . . . . . . . . . . . 26
Part 3 Dealing with application
Division 1 Decision-maker
30 Decision-maker for application to agency . . . . . . . . . . . . . . . . . . 27
31 Decision-maker for application to Minister . . . . . . . . . . . . . . . . . 28
Division 2 Preliminary contact with applicant
32 Application outside scope of Act . . . . . . . . . . . . . . . . . . . . . . . . . 29
33 Noncompliance with application requirement . . . . . . . . . . . . . . . 30
34 Application for personal information . . . . . . . . . . . . . . . . . . . . . . 31
35 Longer processing period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
36 Schedule of relevant documents and charges estimate notice . . 32
Division 3 Contact with relevant third party
37 Disclosure of concern to third party . . . . . . . . . . . . . . . . . . . . . . . 34
Division 4 Transfers
38 Transfer of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Part 4 Refusal to deal with application
39 Pro-disclosure bias in deciding to deal with applications . . . . . . 37
40 Exempt information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
41 Effect on agency’s or Minister’s functions . . . . . . . . . . . . . . . . . . 38
42 Prerequisites before refusal because of effect on functions . . . . 39
43 Previous application for same documents . . . . . . . . . . . . . . . . . . 40
Part 5 Decision
44 Pro-disclosure bias in deciding access to documents . . . . . . . . . 43
45 Considered decision on access application . . . . . . . . . . . . . . . . 44
46 Deemed decision on access application . . . . . . . . . . . . . . . . . . . 44
47 Grounds on which access may be refused . . . . . . . . . . . . . . . . . 45
48 Exempt information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
49 Contrary to public interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

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50 Contrary to child’s best interests . . . . . . . . . . . . . . . . . . . . . . . . . 47

51 Contrary to applicant’s best interests—healthcare information . . 48
52 Document nonexistent or unlocatable . . . . . . . . . . . . . . . . . . . . . 49
53 Other access available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
54 Notification of decision and reasons . . . . . . . . . . . . . . . . . . . . . . 51
55 Information as to existence of particular documents . . . . . . . . . . 54
Part 6 Charging regime
Division 1 Preliminary
56 Meaning of processing charge . . . . . . . . . . . . . . . . . . . . . . . . . . 55
57 Meaning of access charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
58 Duty in relation to processing charge and access charge . . . . . . 55
59 No processing charge for personal information . . . . . . . . . . . . . . 55
Division 2 Payment of charges
60 Requirement to pay charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
61 Amount of charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
62 Refund of excess payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 3 Waiver of charges
63 Waiver under div 3 only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
64 Uneconomical to charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
65 Agency or Minister has delayed . . . . . . . . . . . . . . . . . . . . . . . . . 57
66 Applicant under financial hardship . . . . . . . . . . . . . . . . . . . . . . . 57
67 Financial hardship status for non-profit organisation . . . . . . . . . . 58
Part 7 Giving access
Division 1 Giving access to applicant
68 Forms of access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
69 Time limit for access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
70 Precautions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
71 Precautions for children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
72 Deferral of access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
73 Deletion of irrelevant information . . . . . . . . . . . . . . . . . . . . . . . . . 64
74 Deletion of exempt information . . . . . . . . . . . . . . . . . . . . . . . . . . 65
75 Deletion of contrary to public interest information . . . . . . . . . . . . 65
75A Deletion of contrary to child’s best interests information . . . . . . . 65
75B Deletion of contrary to applicant’s best interests information—relevant
healthcare information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
76 Giving summary of personal information to applicant or intermediary 66

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77 Giving relevant healthcare information to applicant’s nominated

healthcare professional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 2 Giving access to others
78 Disclosure logs—departments and Ministers . . . . . . . . . . . . . . . 68
78A Disclosure logs—other agencies . . . . . . . . . . . . . . . . . . . . . . . . . 69
78B Requirements about disclosure logs . . . . . . . . . . . . . . . . . . . . . . 70
Part 8 Internal review
79 Definitions for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
80 Internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
81 Decisions that may not be reviewed . . . . . . . . . . . . . . . . . . . . . . 72
82 Applying for internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
83 When internal review application to be decided . . . . . . . . . . . . . 73
Part 9 External review
Division 1 Preliminary
84 Definitions for pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
85 External review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
86 Decisions that may not be reviewed . . . . . . . . . . . . . . . . . . . . . . 74
87 Onus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Division 2 Application
88 Applying for external review . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
89 Participants in external review . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 3 After application made
90 Early resolution encouraged . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
91 Agency or Minister to be informed of application for external review of
deemed decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
92 Agency or Minister to be informed before external review of decision 77
93 Applications where decision delayed . . . . . . . . . . . . . . . . . . . . . 77
94 Information commissioner may decide not to review . . . . . . . . . 77
Division 4 Conduct of external review
95 Procedure on external review . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
96 Requirement to assist during review . . . . . . . . . . . . . . . . . . . . . . 79
97 Conduct of reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 5 Powers of information commissioner on external review
98 Preliminary inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
99 Better reasons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
100 Access to documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

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101 Access in particular form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

102 Requiring a search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
103 Requiring information, documents and attendance . . . . . . . . . . . 82
104 Examining witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
105 Additional powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
106 Restrictions under other laws not applicable . . . . . . . . . . . . . . . . 84
107 Information commissioner to ensure proper disclosure and return of
documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
108 Information commissioner to ensure nondisclosure of particular
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
109 Exception for successful challenge of s 55(2) notice . . . . . . . . . 86
Division 6 Decision on external review
110 Decision on external review . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
111 Correction of mistakes in decisions . . . . . . . . . . . . . . . . . . . . . . . 88
Division 7 Miscellaneous
112 Costs of external review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
113 Disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Part 10 Vexatious applicants
114 Vexatious applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
115 Declaration may be varied or revoked . . . . . . . . . . . . . . . . . . . . . 91
Part 11 References of questions of law and appeals
116 Definitions for pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
118 Reference of questions of law to Queensland Civil and Administrative
Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
119 Appeal to Queensland Civil and Administrative Tribunal on question of
law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
120 Application to Queensland Civil and Administrative Tribunal for review of
decision about financial hardship status . . . . . . . . . . . . . . . . . . . 93
121 Application to Queensland Civil and Administrative Tribunal for review of
vexatious applicant declaration . . . . . . . . . . . . . . . . . . . . . . . . . . 93
122 Rules and procedures of Queensland Civil and Administrative Tribunal
94
Chapter 4 Office of the Information Commissioner
Part 1 General
123 Information Commissioner and office of the information commissioner
94
124 Office of the information commissioner is a statutory body . . . . . 95
Part 2 Information Commissioner

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125 General power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95

126 Information commissioner not subject to direction . . . . . . . . . . . 95
127 Control of the office of the information commissioner . . . . . . . . . 95
128 Support functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
129 Decision-making functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
130 External review functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
131 Performance monitoring functions . . . . . . . . . . . . . . . . . . . . . . . . 97
132 Power to issue guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
133 Budget and performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
134 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
135 Procedure before appointment . . . . . . . . . . . . . . . . . . . . . . . . . . 99
136 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
137 Remuneration and conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
138 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
139 Preservation of rights if public service officer appointed . . . . . . . 100
140 Oath before performing duties . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
140A Declaration of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
140B Conflicts of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
141 Restriction on outside employment . . . . . . . . . . . . . . . . . . . . . . . 104
142 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
143 Acting information commissioner . . . . . . . . . . . . . . . . . . . . . . . . 104
Part 3 Staff of the Office of the Information Commissioner
144 Staff employed under Public Sector Act 2022 . . . . . . . . . . . . . . . 105
145 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
146 Staff subject only to direction of information commissioner . . . . 106
Part 4 Right to Information Commissioner
147 Right to Information Commissioner . . . . . . . . . . . . . . . . . . . . . . . 106
148 Role and function of RTI commissioner . . . . . . . . . . . . . . . . . . . 106
149 RTI commissioner subject to direction of information commissioner 106
150 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
151 Procedure before appointment . . . . . . . . . . . . . . . . . . . . . . . . . . 107
152 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
153 Remuneration and conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
154 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
155 Preservation of rights if public service officer appointed . . . . . . . 108
156 Restriction on outside employment . . . . . . . . . . . . . . . . . . . . . . . 108

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157 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

158 Acting RTI commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Part 5 Commissioner may be removed or suspended from office
159 Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
160 Grounds for removal or suspension . . . . . . . . . . . . . . . . . . . . . . 110
161 Removal on address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
162 Suspension on address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
163 Suspension if Assembly not sitting . . . . . . . . . . . . . . . . . . . . . . . 111
164 Acts Interpretation Act 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Part 6 Proceedings
165 Third party proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
166 Costs in proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
167 Information commissioner or RTI commissioner may appear in
proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
168 Intervention by Attorney-General . . . . . . . . . . . . . . . . . . . . . . . . 114
Chapter 5 Protections and offences
Part 1 Protections
169 Meaning of access was required or permitted to be given under this Act
114
170 Access—protection against actions for defamation or breach of
confidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
171 Publication—protection against actions for defamation or breach of
confidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
172 Access—protection in respect of offences . . . . . . . . . . . . . . . . . 116
173 Publication—protection in respect of offences . . . . . . . . . . . . . . 117
174 Protection of agency, information commissioner etc. from personal
liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Part 2 Offences
175 Direction to act in particular way . . . . . . . . . . . . . . . . . . . . . . . . . 118
176 Unlawful access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
177 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . 119
178 Failure to produce documents or attend proceedings . . . . . . . . . 119
179 Disclosure or taking advantage of information . . . . . . . . . . . . . . 119
Chapter 6 Miscellaneous provisions
Part 1 Archival documents
180 Operation of Public Records Act 2002 . . . . . . . . . . . . . . . . . . . . 120
181 Non-official documents in Queensland State Archives etc. . . . . . 120

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182 Official documents in Queensland State Archives . . . . . . . . . . . 121

Part 2 Operation of this Act
183 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
184 Reports of information commissioner . . . . . . . . . . . . . . . . . . . . . 122
185 Report to Assembly on Act’s operation . . . . . . . . . . . . . . . . . . . . 123
186 Strategic review of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
187 Conduct of strategic review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
188 Report of strategic review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
189 Functions of parliamentary committee . . . . . . . . . . . . . . . . . . . . 125
Part 3 Other
190 Power of person acting for another person . . . . . . . . . . . . . . . . . 126
191 Contents of prescribed written notice . . . . . . . . . . . . . . . . . . . . . 126
192 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
193 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Chapter 7 Repeal and transitional provisions
Part 1 Repeal
194 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Part 2 Transitional provisions for Act No. 13 of 2009
195 Outdated references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
196 Continuation of appointment as information commissioner . . . . . 128
197 Continuation of appointment as acting information commissioner 128
198 Pre-enactment recruitment process . . . . . . . . . . . . . . . . . . . . . . 128
199 Applications under Freedom of Information Act 1992 . . . . . . . . . 129
200 Time limit for access under Freedom of Information Act 1992 continues
to apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
201 Statements of affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
202 Refusal to deal with application—previous application for same
documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
203 Delayed appeals and applications to QCAT . . . . . . . . . . . . . . . . 130
Part 3 Transitional provisions for State Penalties Enforcement and Other
Legislation Amendment Act 2009
204 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
205 Retrospective validation for particular delegations and directions 130
206 Decision under s 55(2) is a reviewable decision . . . . . . . . . . . . . 131
Part 4 Transitional provision for Integrity Reform (Miscellaneous
Amendments) Act 2010
206A Declaration of interests by information commissioner . . . . . . . . . 131

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Part 5 Transitional provision for Court and Civil Legislation Amendment

Act 2017
206B Application of sch 1, s 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Part 6 Transitional provision for Local Government Electoral
(Implementing Stage 2 of Belcarra) and Other Legislation
Amendment Act 2019
206C Exempt information—BCC Establishment and Coordination Committee
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Part 7 Transitional provision for Biodiscovery and Other Legislation
Amendment Act 2020
206D Continued exclusion for particular biodiscovery documents . . . . 133
Chapter 8 Transitional provisions for members of QR Group
207 Definitions for ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
208 Application of Act to members of QR Group during interim period 134
209 Certain provisions continue to apply until change of ownership despite
their repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Schedule 1 Documents to which this Act does not apply . . . . . . . . . . . . . 136
1 Security document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
2 Documents under Terrorism (Preventative Detention) Act 2005 . 136
3 Particular documents under Crime and Corruption Act 2001 . . . 136
4 Particular documents under Police Powers and Responsibilities Act 2000
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
5 Particular documents under Police Service Administration Act 1990 138
6 Documents received or created by integrity commissioner for Integrity
Act 2009, ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
7 Document received or created by Prostitution Licensing Authority 139
8 Particular coronial document during investigation . . . . . . . . . . . . 139
9 Root cause analysis document . . . . . . . . . . . . . . . . . . . . . . . . . . 139
10 Particular documents under Workers’ Compensation and Rehabilitation
Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
11 Particular documents under Biodiscovery Act 2004 . . . . . . . . . . 140
12 Particular documents under the Gene Technology (Queensland) Act
2016 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
13 Particular documents under Sugar Industry Act 1999 . . . . . . . . . 140
13A Particular documents under Brisbane Olympic and Paralympic Games
Arrangements Act 2021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
14 Particular GOC documents created or received before commencement
141
15 Particular corporatised corporation documents created or received
before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141

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Right to Information Act 2009

Contents

16 Particular documents relating to judicial appointments . . . . . . . . 141

Schedule 2 Entities to which this Act does not apply . . . . . . . . . . . . . . . . 143
Schedule 3 Exempt information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
1 Cabinet matter brought into existence before commencement . . 147
2 Cabinet information brought into existence on or after commencement
147
3 Executive Council information . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
4 Information briefing incoming Minister . . . . . . . . . . . . . . . . . . . . . 150
4B Budgetary information for local governments . . . . . . . . . . . . . . . 150
5 Information revealing particular Sovereign communications . . . . 150
6 Information disclosure of which would be contempt of court or Parliament
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
7 Information subject to legal professional privilege . . . . . . . . . . . . 151
8 Information disclosure of which would found action for breach of
confidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
9 National or State security information . . . . . . . . . . . . . . . . . . . . . 152
10 Law enforcement or public safety information . . . . . . . . . . . . . . . 153
11 Investment incentive scheme information . . . . . . . . . . . . . . . . . . 156
12 Information disclosure of which prohibited by Act . . . . . . . . . . . . 157
Schedule 4 Factors for deciding the public interest . . . . . . . . . . . . . . . . . 160
Schedule 5 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172

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 Right to Information Act 2009

Right to Information Act 2009

An Act about rights to government and other information

Preamble

Parliament’s reasons for enacting this Act are—

1 Parliament 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.

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

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4 Act not intended to prevent other publication or access

(1) This Act is not intended to prevent or discourage the
publication of information or the giving of access to
documents otherwise than under this Act if the publication or
giving of access 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; and
(b) the publication of information and the giving of access
to documents by an entity to which this Act does not
apply or to which this Act does not apply in relation to a
particular function.

5 Relationship with other Acts requiring publication or

access
Without limiting section 4, this Act does not affect the
operation of another Act or administrative scheme that—
(a) requires information concerning documents in the
possession, or under the control, of government to be
made available to members of the community; or
(b) enables a member of the community to access
documents in the possession, or under the control, of
government; or
(c) requires the publication of information concerning
government operations;
whether or not on payment of a charge.

6 Relationship with other Acts prohibiting disclosure of

information
This Act overrides the provisions of other Acts prohibiting the
disclosure of information (however described).
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Notes—
1 The 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.
2 This 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.
3 However, 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).
Note—
See, for example, the Public Records Act 2002, section 13.

8 Relationship with Information Privacy Act

(1) The Information Privacy Act also provides for applications for
access to documents of an agency or Minister but only to the
extent the documents contain the applicants’ personal
information.
(2) The Information Privacy Act also provides for applications to
amend documents to the extent the documents contain the
applicants’ personal information.
(3) If, on its face, an access application purportedly made under
the Information Privacy Act should have been made under this
Act because the application is for access to a document other
than to the extent it contains the applicant’s personal
information, the Information Privacy Act, section 54 applies.
Notes—
1 Under the Information Privacy Act, section 54—

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• the applicant is given an opportunity to change the application

so it is an application that can be made under the Information
Privacy Act or to pay the application fee payable under this
Act and have the application dealt with under this Act; or
• the application may continue to be dealt with under the
Information Privacy Act but is potentially subject to a decision
under section 32(1)(b)(i), as applied by the Information
Privacy Act, that the application is outside the Act’s scope.
2 If the applicant pays the application fee payable under this Act, the
applicant is taken to have made the application under this Act on
the date of the payment—see the Information Privacy Act,
section 54(4).
3 To facilitate this situation, the approved form for an access
application under this Act is the same as the approved form for an
access application under the Information Privacy Act and agencies
will make appropriate administrative arrangements.

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

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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.

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Note—
See section 17 for entities to which this Act does not apply. Also, under
section 26, an application may not be made to the information
commissioner, RTI commissioner or 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
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(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 by regulation to be a public
authority for this Act, being an entity—
(i) supported directly or indirectly by government
funds or other assistance or over which
government is in a position to exercise control; or
(ii) established under an Act; or
(iii) given public functions under an Act;
(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—
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prescribed entity means an entity that is a public authority

only because it is given public functions under an Act and is
declared by regulation to be a public authority for this Act.

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, revision period and

transfer period
In this Act—
processing period, for an application to an agency or
Minister—
1 The processing period is a period of 25 business days
from the day the application is received by the agency or
Minister.
2 However, the following periods do not count as part of
the processing period—
(a) if the application is transferred to the agency or
Minister—the transfer period;
(b) if the agency or Minister asks the applicant for a
further specified period under section 35(1)—the
period during which, under section 35(3), the
agency or Minister may continue to consider the
application;
(c) if the applicant is given a charges estimate notice
under section 36—the revision period;
(d) if the application involves consultation with a
relevant third party under section 37—10 business
days;
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(e) if the applicant is given a notice under

section 42(1)(a)—the prescribed consultation
period under section 42.
revision period, for an application, means the period starting
on the date of the first charges estimate notice given under
section 36 and ending on the day the applicant confirms the
application or, if the applicant narrows the application,
confirms the changed application.
transfer period, for an application, means the lesser of the
following periods—
(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) the period of 10 business days.

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—
1 A document may be accessed under administrative arrangements
made by an agency, including under its publication scheme or
disclosure log or under another Act.
2 A document may be available for public inspection under the
Public Records Act 2002 or in a public library.
3 A document may be commercially available.

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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, other than an excluded entity, must publish a
scheme (a publication scheme) setting out—
(a) the classes of information that the agency has available;
and
(b) the terms on which it will make the information
available, including any charges.
(2) However, an agency (the relevant agency) may comply with
subsection (1) if another agency publishes a scheme setting
out—
(a) the classes of information that the relevant agency has
available; and
(b) the terms on which the relevant agency or other agency
will make the information available, including any
charges.
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(3) An agency publishing a publication scheme must ensure that

the publication scheme complies with any guidelines about
publication schemes published by the Minister on the
Minister’s website.
(4) In this section—
excluded entity means 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.

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—
1 See part 2 for how to exercise this right to access.
2 Exclusions 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).
3 A 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).

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(2) Subsection (1) applies to documents even if they came into

existence before the commencement of this Act.
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—
1 Minister is defined to include an Assistant Minister—see
schedule 5.
2 Section 25 provides for access applications by parents for children
and section 190 clarifies the powers of those acting for others.
3 For 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 the approved form and be accompanied by the
application fee; and
(b) give sufficient information concerning the document to
enable a responsible officer of the agency or the
Minister to identify the document; and
(c) state an address to which notices under this Act may be
sent to the applicant; and
(d) state whether access to the document is sought for the
benefit of, or use of the document by—
(i) the applicant; or
(ii) another entity; and

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Example for paragraph (d)(ii)—

A journalist makes an access application for a document for use
of the document by an electronic or print media organisation.
(e) if access to the document is sought for the benefit of, or
use of the document by, an entity other than the
applicant—the name of the other entity.
(3) Also, if the application is for access to a document containing
personal information of the applicant, the applicant must
provide with the application or within 10 business days after
making the application—
(a) evidence of identity for the applicant; and
(b) if an agent is acting for the applicant—evidence of the
agent’s authorisation and evidence of identity for the
agent.
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
(4) The application fee mentioned in subsection (2)(a) may not be
waived.
Note—
However, an application fee must be refunded if a deemed decision is
made—see section 46(1).
(5) In this section—
evidence of identity means the evidence of identity prescribed
under a regulation.

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.
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Notes—
1 Section 190 clarifies the powers of those acting for others.
2 For 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—
1 Parent, 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.
2 However, a person standing in the place of a parent of a
child on a temporary basis is not a parent of the child.
3 A parent of an Aboriginal child includes a person who,
under Aboriginal tradition, is regarded as a parent of the
child.
4 A 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 commissioner

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

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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.
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(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 him or her 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
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(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—

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(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 outside scope of Act

(1) This section applies if—
(a) a person purports to make an application under this Act
to an entity for access to a document; and
(b) the entity decides the application is outside the scope of
this Act for 1 or more of the following reasons—
(i) the document is a document to which this Act does
not apply;
(ii) the entity is an entity to which this Act does not
apply;
(iii) the application is made to the information
commissioner, RTI commissioner or privacy
commissioner.

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(2) Within 10 business days after the purported application is

received, the entity must give prescribed written notice to the
applicant of the decision.

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
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 an
application in a form complying with all relevant application
requirements.
(4) The applicant is taken to have made an 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) In this section—

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relevant application requirement, for an access application,

means a matter set out in section 24(2) or (3) that is required
for the application.

34 Application for personal information

(1) This section applies if, on its face, an access application made
under this Act could have been made under the Information
Privacy Act because the application is for access to a
document to the extent it contains the applicant’s personal
information.
(2) The agency or Minister must, within 15 business days after
the application is received, inform the applicant that—
(a) the application could have been made under the
Information Privacy Act without any application fee or
processing charge being payable; and
(b) the applicant may either—
(i) ask for the application to be dealt with under the
Information Privacy Act; or
(ii) confirm the application as an application under this
Act.
(3) If the applicant asks for the application to be dealt with under
the Information Privacy Act—
(a) the applicant is taken to have made the application under
the Information Privacy Act on the date of the request;
and
(b) any application fee paid by the applicant must be
refunded as soon as practicable.
(4) However, the application continues to be dealt with as an
application under this Act if—
(a) the applicant confirms the application as an application
under this Act; or

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(b) the applicant does not, within a reasonable time, either

make the request, or give the confirmation, mentioned in
subsection (2)(b).

35 Longer processing period

(1) At any time before a deemed decision is taken to have been
made in relation to an access application, the agency or
Minister may ask the applicant for a further specified period
to consider the application.
(2) Additional requests for further specified periods may be made
under subsection (1).
(3) The agency or Minister may continue to consider the
application and make a considered decision in relation to it
only if—
(a) the agency or Minister has asked the applicant for a
further specified period under subsection (1); and
(b) the applicant has not refused the request; and
(c) the agency or Minister has not received notice that the
applicant has applied for review under this Act.
(4) If a considered decision is made, the considered decision
replaces any deemed decision for the purposes of this Act.
Note—
The agency or Minister must give prescribed written notice of the
considered decision and the considered decision is potentially subject
to review under this Act.

36 Schedule of relevant documents and 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) before the end of the processing period for the
application, give the applicant—
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(i) a schedule of relevant documents for the applicant

unless the applicant waives the requirement; and
(ii) a charges estimate notice.
(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) No more than 2 charges estimate notices may be given in
relation to an access application.
(6) Also, subsections (2) to (4) 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) the effect of subsections (2) and (3);

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(g) 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.
2 The applicant and the agency or Minister may agree to
extend the prescribed period.
schedule of relevant documents—
1 For an access application, a schedule of relevant
documents is a schedule that—
(a) sets out and gives a brief description of the classes
of documents relevant to the application in the
possession, or under the control, of the agency or
Minister; and
(b) sets out the number of documents in each class.
2 However, an agency or Minister is not required to
include any exempt information or contrary to public
interest information in the schedule.

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—

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(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

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(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) In this section—
agency includes a Minister.
(2) An agency to which an application has been made (the
original agency) may transfer the application to another
agency if—
(a) the document to which the application relates 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.

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(3) An application that is transferred from 1 agency to another

agency is taken to have been made to the other agency.
(4) If—
(a) an application is made to an agency for access to more
than 1 document; and
(b) 1 or more of the documents is a document mentioned in
subsection (2)(a);
this section (other than subsections (5) and (6)) applies to
each of the documents as if separate applications had been
made to the agency for each of the documents.
(5) If part of an application is transferred under this section and
the transferred part of the application relates to a document
that is not personal information of the applicant, a separate
application fee is payable for the transferred part of the
application.
(6) However, if the part of the application which is not transferred
under this section relates only to a document that is personal
information of the applicant, subsection (5) applies only to the
extent that there is a transfer to more than 1 agency.

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
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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—

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(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
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(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 named officer or
member 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—

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(a) an applicant makes an access application, whether under

this Act or the Information Privacy Act, to an agency or
Minister (the first application); and
(b) the applicant makes another access application under
this Act (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)—
(a) the first application, if made under this Act—
(i) does not include an access application taken to
have been withdrawn under section 36(3) or 42(4);
and
(ii) if an access application has been narrowed under
section 36 or 42—means only the access
application as changed; and
(b) the first application, if made under the Information
Privacy Act—
(i) does not include an access application taken to
have been withdrawn under section 61(4) of that
Act; and
(ii) if an access application has been narrowed under
section 61 of that Act—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, if made under this
Act—

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(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) in relation to the first application, if made under the
Information Privacy Act—
(i) the applicant had been given notice under
section 68 of that Act that access was to be given to
the document sought or to some or all the
documents sought; or
(ii) the agency or Minister had decided that the
application was for a document to which chapter 3
of that 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 67 of that Act; or
(iv) the agency or Minister had refused to deal with it
under chapter 3, part 4 of that Act; or
(d) 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
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been made (a record document), access to a record document

is taken to have been sought under the first application.
(5) For subsection (3)(d)—
review means—
(a) an internal review under this Act or the Information
Privacy Act; or
(b) an external review under this Act or the Information
Privacy Act; or
(c) a proceeding under part 11 or under the Information
Privacy Act, chapter 3, part 11.
(6) For subsection (3)(d), 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.

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(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) the application fee 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.
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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.
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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, including any factor
mentioned in schedule 4, part 1 that applies in relation
to the information (an irrelevant factor);
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(b) identify any factor favouring disclosure that applies in

relation to the information (a relevant factor favouring
disclosure), including 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 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
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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 his or
her 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).

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(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—
1 Only a principal officer, Minister or appointed healthcare
professional may decide to give access under subsection (3)—see
sections 30(5) and 31(2).
2 Also, 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 an authority
given by the State Archivist
Note—
Under the Public Records Act 2002, section 13, it is an offence
to dispose of a public record without authority.
(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

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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 2002; and
(b) is not a document that the agency or Minister could
lawfully have disposed of under the Public Records Act
2002.

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 2002 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.

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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 78 or 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 78 or 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;

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(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 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;
(f) 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;
(g) if access to a document is refused under section 47(3)—

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(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.

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(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) The prescribed written notice may be given in a schedule of
relevant documents.
(4) 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 5, definition reviewable decision,
paragraph (e).

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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 to the extent the
document contains information that is personal information of
the applicant.

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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
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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—
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(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.
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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
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(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;
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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 75.
(3) Subject to this section and sections 73 to 75, 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.
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(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 part 11—the date of
the informal resolution.
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(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.

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(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
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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

(1) This section applies if—
(a) an access application is made by or for a child for a
document containing personal information of the child,
the disclosure of which would not be in the child’s best
interests under section 50; and
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(b) it is practicable to give access to a copy of the document

from which the personal information has been deleted.
(2) The agency or Minister must give access to a copy of the
document from which the personal information has been
deleted.
(3) This section is subject to section 55.

75B Deletion of contrary to applicant’s best interests

information—relevant healthcare information
(1) This section applies if—
(a) an access application is made for a document containing
relevant healthcare information of the applicant, the
disclosure of which might be prejudicial to the physical
or mental health or wellbeing of the applicant under
section 51; and
(b) it is practicable to give access to a copy of the document
from which the relevant healthcare information has been
deleted.
(2) The agency or Minister must give access to a copy of the
document from which the relevant healthcare information has
been deleted.
(3) This section is subject to section 55.

76 Giving summary of personal information to applicant or

intermediary
(1) This section applies if under this Act, other than under
section 47(3)(d), an agency or a Minister refuses an applicant
access to a document to the extent it comprises personal
information of the applicant.
(2) Despite the refusal mentioned in subsection (1), the agency or
Minister must consider whether it is consistent with the
primary object of this Act to give the applicant, or a person
nominated by the applicant and approved by the agency or
Minister (an intermediary), a summary of the personal
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information on conditions of use or disclosure agreed between

the agency or Minister and the intermediary, or between the
agency or Minister, the intermediary and the applicant.
(3) However—
(a) if a summary of information under subsection (2)
includes information given by a person (the information
giver), other than the applicant, who gave the
information on a confidential basis—the summary must
not be given to the applicant or intermediary without
consultation with, and the agreement of, the information
giver; and
(b) if a summary of information under subsection (2)
includes personal information of a person other than the
applicant—the summary must not be given to the
applicant or intermediary without consultation with, and
the agreement of, the other person.
(4) Subsection (3) applies whether or not the summary is capable
of revealing the identity of the information giver or other
person.

77 Giving relevant healthcare information to applicant’s

nominated healthcare professional
(1) This section applies if an agency or Minister refuses access to
a document under section 47(3)(d).
(2) Despite the refusal, the agency or Minister may direct that
access to the document is to be given instead to an
appropriately qualified healthcare professional nominated by
the applicant and approved by the agency or Minister.
Note—
Only a principal officer, Minister or appointed healthcare professional
may give this direction or approve the applicant’s nominated healthcare
professional—see sections 30(5) and 31(2).
(3) The nominated and approved healthcare professional may
decide—

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(a) whether or not to disclose all or part of the relevant

healthcare information contained in the document to the
applicant; and
(b) the way in which to disclose the information to the
applicant.

Division 2 Giving access to others

78 Disclosure logs—departments and Ministers

(1) This section applies if a person makes a valid access
application to a department or a Minister.
(2) The department or Minister must, as soon as practicable after
the application is made, include the following information
about the application in a disclosure log—
(a) details of the information being sought by the applicant,
as stated in the application;
(b) the date the application was made.
(3) If the department or Minister decides to give access to a
document that does not contain personal information of the
applicant and the applicant accesses the document within the
access period, the following must be included in a disclosure
log as soon as practicable after the applicant accesses the
document—
(a) a copy of the document;
(b) the applicant’s name;
(c) if access to the document was sought for the benefit of,
or use of the document by, an entity other than the
applicant—the name of the other entity.
(4) If the department or Minister decides to give access to a
document that does not contain personal information of the
applicant and the applicant fails to access the document within
the access period, details identifying the document, and
information about the way in which the document may be
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accessed and any applicable charge, must be included in a

disclosure log as soon as practicable after the access period
ends.
(5) A person may access a document the details of which are
included in a disclosure log under subsection (4) on payment
of the applicable charge, and in the way mentioned in the
disclosure log.
(6) After a person accesses a document under subsection (5)—
(a) no further charge is payable for access to the document
by any person; and
(b) a copy of the document must be included in a disclosure
log.
(7) However, the inclusion of a document or information in a
disclosure log under this section is subject to section 78B(2).
(8) In this section—
valid access application means an access application that—
(a) is in a form complying with all relevant application
requirements; and
(b) is not an application to which section 32 applies.

78A Disclosure logs—other agencies

(1) If an agency makes a decision in relation to an access
application to give access to a document that does not contain
personal information of the applicant and the applicant
accesses the document within the access period—
(a) a copy of the document may be included in a disclosure
log, if this is reasonably practicable; or
(b) otherwise—details identifying the document and
information about the way in which the document may
be accessed may be included in a disclosure log.
(2) A person may access a document the details of which are
included in a disclosure log under subsection (1)(b) for no
charge and in the way mentioned in the disclosure log.
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(3) If an agency decides to give access to a document that does

not contain personal information of the applicant and the
applicant fails to access the document within the access
period, details identifying the document, and information
about the way in which the document may be accessed and
any applicable charge, may be included in a disclosure log.
(4) A person may access a document the details of which are
included in a disclosure log under subsection (3) on payment
of the applicable charge, and in the way mentioned in the
disclosure log.
(5) After a person accesses a document under subsection (4)—
(a) no further charge is payable for access to the document
by any person; and
(b) a copy of the document may be included in a disclosure
log.
(6) However, the inclusion of a document or information in a
disclosure log under this section is subject to section 78B(2).
(7) In this section—
agency does not include a department or a prescribed entity
under section 16.

78B Requirements about disclosure logs

(1) An agency maintaining a disclosure log must ensure the
disclosure log complies with any guidelines published by the
Minister on the Minister’s website (to the extent the
guidelines are consistent with this Act).
(2) Without limiting subsection (1), an agency must delete from
any document or information included in a disclosure log
under section 78 or 78A, any information (including an
individual’s name)—
(a) the publication of which is prevented by law; or
(b) that may be defamatory; or

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(c) that, if included in the disclosure log, would

unreasonably invade an individual’s privacy; or
(d) that is, or allows to be ascertained, information—
(i) of a confidential nature that was communicated in
confidence by a person other than the agency; or
(ii) that is protected from disclosure under a contract;
or
(e) that, if included the disclosure log, would cause
substantial harm to an entity.
(3) In this section—
agency includes a Minister but does not include a prescribed
entity under section 16.

Part 8 Internal review

79 Definitions for pt 8
In this part—
internal review means review under this part.
internal review application means an application for internal
review.

80 Internal review
(1) A person affected by a reviewable decision may apply to have
the decision reviewed by the agency or Minister dealing with
the application.
Notes—
1 Reviewable decision is defined in schedule 5.
2 It is not necessary to have an internal review before applying for an
external review under part 9.
3 An internal review application may be dealt with under a
delegation or direction. See sections 30 and 31.

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(2) On an internal review of a decision, the reviewer must make a

new decision as if the reviewable decision had not been made.
(3) An internal review application must not be decided by—
(a) the person who made the reviewable decision; or
(b) a person who is less senior than that person.
(4) Subsection (3) applies despite the Acts Interpretation Act
1954, section 27A.

81 Decisions that may not be reviewed

To remove any doubt, it is declared that the following
decisions in relation to an access application are not
reviewable decisions for internal review—
(a) a decision on an internal review application;
(b) a decision by an agency’s principal officer personally;
(c) a decision by a Minister personally;
(d) a decision by a healthcare professional appointed under
section 30 or 31;
(e) a decision about the amount of a charge stated in a
charges estimate notice.

82 Applying for internal review

An application for internal review of a decision must—
(a) be in writing; and
(b) state an address to which notices under this Act may be
sent to the applicant for internal review; and
(c) be made within 20 business days after the date of the
written notice of the decision or within the further time
the agency or the Minister allows (whether before or
after the end of the 20 business days); and
(d) be lodged at an office of the agency or Minister.

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Note—
Section 190 clarifies the powers of those acting for others.

83 When internal review application to be decided

(1) An agency or Minister must decide an internal review
application as soon as practicable.
(2) However, if an agency or Minister does not decide an internal
review application and notify the applicant of the decision
within 20 business days after the internal review application is
made, the agency’s principal officer or the Minister is taken to
have made a decision at the end of the 20 business days
affirming the original decision.
(3) As soon as practicable after a decision is made or taken to
have been made under this section, the principal officer or
Minister must give prescribed written notice of the decision to
the applicant.

Part 9 External review

Division 1 Preliminary

84 Definitions for pt 9
In this part—
external review means review by the information
commissioner under this part.
external review application means an application for external
review.

85 External review
A person affected by a reviewable decision may apply to have
the decision reviewed by the information commissioner.

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Notes—
1 Reviewable decision is defined in schedule 5.
2 It is not necessary to have an internal review under part 8 before
applying for an external review.

86 Decisions that may not be reviewed

To remove any doubt, it is declared that a decision about the
amount of a charge stated in a charges estimate notice is not a
reviewable decision for external review.

87 Onus
(1) On an external review, the agency or Minister who made the
decision under review has the onus of establishing that the
decision was justified or that the information commissioner
should give a decision adverse to the applicant.
(2) However, if the decision under external review is a disclosure
decision, the participant in the external review application
who opposes the disclosure decision has the onus of
establishing that a decision not to disclose the document or
information is justified or that the commissioner should give a
decision adverse to the person who wishes to be given access
to the document.
(3) In this section—
disclosure decision means—
(a) a decision to disclose a document or information
contrary to the views of a relevant third party obtained
under section 37; or
(b) a decision to disclose a document or information if the
agency or Minister should have taken, but has not taken,
steps to obtain the views of a relevant third party under
section 37.

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Division 2 Application

88 Applying for external review

(1) An application for external review must—
(a) be in writing; and
(b) specify an address of the applicant to which notices may
be sent under this Act; and
(c) give details of the decision for review; and
(d) be made within 20 business days from the date of the
written notice of the decision, or within the longer
period the information commissioner allows; and
(e) be lodged at an office of the OIC.
Note—
Section 190 clarifies the powers of those acting for others.
(2) The application may contain details of the basis on which the
applicant disputes the decision under review.

89 Participants in external review

(1) The applicant for external review and the agency or Minister
concerned are participants in an external review.
(2) Any other person affected by the decision the subject of the
external review (including a government, agency or person
whose views were required to be sought under section 37
before the decision was made) may apply to the information
commissioner to participate in the external review.
(3) The commissioner may allow a person mentioned in
subsection (2) to participate in the external review in the way
the commissioner directs.

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Division 3 After application made

90 Early resolution encouraged

(1) If an external review application is made to the information
commissioner, the commissioner must—
(a) identify opportunities and processes for early resolution
of the external review application, including mediation;
and
(b) promote settlement of the external review application.
(2) Subsection (1) does not apply if the commissioner decides not
to deal with, or to further deal with, the external review
application under section 94.
(3) The commissioner may suspend an external review at any
time to allow the participants in the external review to
negotiate a settlement.
(4) If an external review is resolved informally—
(a) the commissioner must give each participant in the
external review notice that the external review is
complete; and
(b) the external review is taken to be complete at the date of
the notice mentioned in paragraph (a).

91 Agency or Minister to be informed of application for

external review of deemed decision
If an application is made for external review of a deemed
decision of an agency’s principal officer or a Minister, the
information commissioner must inform the agency or
Minister of the application as soon as practicable after it is
made.

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92 Agency or Minister to be informed before external review

of decision
Before starting an external review of a decision, the
information commissioner must inform the agency or
Minister concerned that the decision is to be reviewed under
this part.

93 Applications where decision delayed

(1) This section applies if—
(a) an application is made to the information commissioner
for external review of a deemed decision in relation to
an access application; and
(b) the agency or Minister applies to the commissioner to
allow the agency or Minister further time to deal with
the access application.
(2) The commissioner may allow the agency or Minister further
time to deal with the access application subject to the
conditions the commissioner considers appropriate, including
a condition that the application fee must be refunded or the
applicable processing charge must be reduced or waived.
(3) If the agency or Minister does not deal with the access
application and give the applicant for external review
prescribed written notice of a considered decision within the
further time, the agency’s principal officer or the Minister is
taken, for the purpose of enabling a fresh external review
application to be made, to have made, on the last day of the
further time, a decision affirming the deemed decision.

94 Information commissioner may decide not to review

(1) The information commissioner may decide not to deal with,
or not to further deal with, all or part of an external review
application if—
(a) the commissioner is satisfied the application, or the part
of the application, is frivolous, vexatious, misconceived
or lacking substance; or
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(b) the applicant for external review fails to comply with a

direction given by the commissioner; or
(c) the commissioner considers the applicant for external
review has failed to cooperate in progressing the
external review application, or the part of it, without
reasonable excuse; or
(d) the commissioner considers the address the applicant for
external review stated in the application is no longer an
address at which the applicant is contactable and the
applicant has not, within a reasonable time, advised the
commissioner of a new address of the applicant to which
notices may be sent under this Act.
(2) If the commissioner decides not to deal with, or not to further
deal with, all or part of an external review application, the
commissioner must, as soon as practicable, inform each of the
following persons in writing of the decision and of the reasons
for the decision—
(a) the applicant for external review, unless
subsection (1)(d) applies;
(b) any other person informed by the commissioner of the
proposed external review.

Division 4 Conduct of external review

95 Procedure on external review

(1) On an external review—
(a) the procedure to be followed is, subject to this Act,
within the discretion of the information commissioner;
and
(b) proceedings must be conducted with as little formality
and technicality, and with as much expedition, as the
requirements of this Act and a proper consideration of
the matters before the commissioner allow; and

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(c) the commissioner is not bound by the rules of evidence

and may inform himself or herself on any matter in any
way the commissioner considers appropriate.
(2) The commissioner may, during an external review, give
directions as to the procedure to be followed on the external
review.

96 Requirement to assist during review

(1) During an external review, any participant must comply in a
timely way with a reasonable request made by the information
commissioner for assistance in relation to the review.
Examples—
1 The commissioner may request that a participant give further and
better particulars of a matter.
2 The commissioner may request that an agency or Minister
specifically indicate in a written document the words the agency or
Minister considers are exempt information.
(2) Subsection (1) applies even if the participant who is asked for
assistance does not have the onus under section 87.

97 Conduct of reviews
(1) If, during an external review, the information commissioner
proposes to—
(a) allow a participant to make oral submissions; or
(b) take evidence on oath or affirmation;
that part of the external review must be conducted in public
unless the commissioner decides otherwise.
(2) In conducting an external review, the commissioner must—
(a) adopt procedures that are fair, having regard to the
obligations of the commissioner under this Act; and
(b) ensure that each participant has an opportunity to
present the participant’s views to the commissioner by
making written or oral submissions but, subject to
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paragraph (a), it is not necessary for a participant to be

given an opportunity to appear before the commissioner.
(3) If the commissioner gives a participant an opportunity to
appear before the commissioner, the participant may, with the
approval of the commissioner, be represented by another
person.
(4) If—
(a) the commissioner has decided not to notify a person of
the review; and
(b) it later becomes apparent to the commissioner that
documents in which the person has an interest are likely
to be released;
the commissioner must take reasonable steps to notify the
person of the likely release if the release may reasonably be
expected to be of concern to the person.

Division 5 Powers of information

commissioner on external review

98 Preliminary inquiries
If an external review application is made, the information
commissioner may, for the purpose of deciding—
(a) whether the commissioner has power to review the
matter to which the application relates; or
(b) whether the commissioner may decide not to review the
matter;
make inquiries of the applicant for external review or the
agency or Minister concerned.

99 Better reasons
(1) This section applies if—

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(a) an application is made for external review of a decision

of an agency or a Minister; and
(b) the information commissioner considers that the reasons
for the decision stated in the prescribed written notice
for the decision are not adequate.
(2) The commissioner may require the agency or Minister to give
the applicant for external review and the commissioner an
additional statement, as soon as practicable, but in any case
within 20 business days, containing further and better
particulars of the reasons for the decision.

100 Access to documents

If an external review application is made, the information
commissioner is entitled to full and free access at all
reasonable times to the documents of the agency or Minister
concerned, including documents protected by legal
professional privilege.

101 Access in particular form

(1) This section—
(a) applies if an external review application is made; but
(b) does not apply to an external review of a decision
refusing to give access in the form mentioned in
section 68(1)(e).
(2) If a document relevant to an external review is a document—
(a) by which words are recorded in a way in which they are
capable of being reproduced in the form of sound; or
(b) in which words are contained in the form of shorthand
writing or in codified form;
the information commissioner may require the agency or
Minister concerned to give the commissioner a written
transcript of the words recorded or contained in the document.
(3) If—
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(a) the access application relevant to the external review

relates to information that is not contained in a written
document in the possession, or under the control, of the
agency or Minister concerned; and
(b) the agency or Minister could create a written document
containing the information using equipment that is
usually available to it for retrieving or collating stored
information;
the commissioner may require the agency or Minister to give
the commissioner a written document created using the
equipment.

102 Requiring a search

(1) In the conduct of an external review of a decision to refuse
access to a document, the information commissioner may
require the agency or Minister concerned to conduct a
particular further search, or to conduct further searches, for a
document.
(2) In this section—
conduct further searches, for a document, includes make
inquiries to locate the document.

103 Requiring information, documents and attendance

(1) If the information commissioner has reason to believe that a
person has information or a document relevant to an external
review, the commissioner may give to the person a written
notice requiring the person—
(a) to give the information to the commissioner in writing
signed by the person or, in the case of a corporation, by
an officer of the corporation; or
(b) to produce the document to the commissioner.
(2) The notice must state—
(a) the place at which the information or document must be
given or produced to the commissioner; and
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(b) a reasonable time at which, or a reasonable period

within which, the information or document must be
given or produced.
(3) If the commissioner has reason to believe that a person has
information relevant to an external review, the commissioner
may give to the person a written notice requiring the person to
attend before the commissioner at a reasonable time and place
specified in the notice to answer questions relevant to the
external review.
Note—
A person must not fail to comply with the notice—see section 178.

104 Examining witnesses

(1) The information commissioner may administer an oath or
affirmation to a person required under section 103 to attend
before the commissioner and may examine the person on oath
or affirmation.
(2) The oath or affirmation to be taken or made by a person for
the purposes of this section is an oath or affirmation that the
answers the person will give will be true.
Note—
A person must not give false or misleading information—see
section 177.

105 Additional powers

(1) In the conduct of an external review, the information
commissioner has, in addition to any other power, power to—
(a) review any decision that has been made by an agency or
Minister in relation to the access application concerned;
and
(b) decide any matter in relation to the access application
that could, under this Act, have been decided by an
agency or Minister.

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(2) If it is established that a document is an exempt document or a

contrary to public interest document, or contains exempt
information or contrary to public interest information, the
commissioner does not have power to direct that access to the
document, or the document to the extent of the information, is
to be given.
(3) Any decision of the commissioner under this section has the
same effect as a decision of the agency or Minister.

106 Restrictions under other laws not applicable

(1) No obligation to maintain secrecy or other restriction on the
disclosure of information obtained by or given to agencies or
Ministers, whether imposed under an Act or a rule of law,
applies to the disclosure of information to the information
commissioner for the purposes of an external review.
(2) Legal professional privilege does not apply to the production
of documents or the giving of evidence by a member of an
agency or a Minister for the purposes of an external review.
(3) Subject to subsections (1) and (2), every participant in an
external review has the same privileges in relation to the
giving of evidence and producing documents and things that
the person would have as a witness in a proceeding before a
court.

107 Information commissioner to ensure proper disclosure

and return of documents
(1) On an external review, the information commissioner must do
all things necessary to ensure that any document that is given
to the commissioner and is the subject of the decision being
reviewed—
(a) is not disclosed to a person other than—
(i) a member of the staff of the OIC in the course of
performing duties as a member of the staff; or

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(ii) a person who created the document or who gave

the document or information in the document to
the agency or Minister; or
(iii) if a person mentioned in subparagraph (ii) is a
participant in the review—the participant’s
representative; and
(b) at the end of the review, is returned to the person who
gave it.
(2) Despite subsection (1)(b), if an agency or Minister gives the
commissioner a copy of a document for an external review,
the commissioner may destroy the copy at the end of the
review.

108 Information commissioner to ensure nondisclosure of

particular information
(1) On an external review, the information commissioner may
give the directions the commissioner considers necessary to
avoid the disclosure to an access participant or an access
participant’s representative of—
(a) information that is claimed to be exempt information or
contrary to public interest information; or
(b) information the commissioner considers may be
protected by legal professional privilege.
(2) The commissioner may receive evidence, or hear argument, in
the absence of an access participant or an access participant’s
representative if it is necessary to do so to prevent disclosure
to that person of information that is claimed to be exempt
information or contrary to public interest information.
(3) The commissioner must not, in a decision on an external
review or in reasons for a decision on an external review,
include information that is claimed to be exempt information
or contrary to public interest information.
(4) In this section—
access participant means a participant other than—
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(a) the agency or Minister who made the decision under

review; or
(b) a participant who created the document concerned or
who gave the document concerned to the agency or
Minister who made the decision under review.

109 Exception for successful challenge of s 55(2) notice

(1) This section applies if an agency or Minister gives a notice
under section 55(2) and the information commissioner is
satisfied that the document concerned does not include
prescribed information.
(2) Section 108(3) does not apply.
(3) Section 110 applies except that the commissioner must—
(a) first give a copy of the decision only to the agency or
Minister; and
(b) give a copy of the decision to each other participant only
if, at the end of 20 business days after the date of the
decision, the commissioner has not been notified that
the agency or Minister has—
(i) applied for a statutory order of review under the
Judicial Review Act 1991 in relation to the
commissioner’s decision (applied for judicial
review); or
(ii) appealed to QCAT against the commissioner’s
decision under section 119 (appealed on a
question of law).
(4) Further, if the commissioner directs that access to the
document is to be given, the agency or Minister must comply
with the direction only if, at the end of 20 business days after
the date of the decision, the agency or Minister has not
applied for judicial review or appealed on a question of law.

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Division 6 Decision on external review

110 Decision on external review

(1) The information commissioner, after conducting an external
review of a decision, must make a written decision—
(a) affirming the decision; or
(b) varying the decision; or
(c) setting aside the decision and making a decision in
substitution for the decision.
(2) To remove any doubt, it is declared that subsection (1) does
not apply if the external review is resolved informally.
(3) The commissioner must include in the decision the reasons for
the decision.
(4) The commissioner must give a copy of the decision to each
participant.
(5) If—
(a) a document is to be released because of the external
review; and
(b) the commissioner has notified a person under
section 97(4) and the person did not become a
participant in the review;
the commissioner must take reasonable steps to notify the
person of the release.
(6) The commissioner must arrange to have decisions and reasons
for decisions published.
(7) However, subsection (6) does not require the commissioner to
arrange to have a decision and reasons for a decision
published to the extent they contain, or publication would
disclose, exempt information or contrary to public interest
information.

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111 Correction of mistakes in decisions

(1) This section applies if the information commissioner
considers—
(a) there is an obvious error in a written decision of the
commissioner; and
(b) the error resulted from an accidental slip or omission.
(2) The commissioner may, on application by a participant or on
the commissioner’s own initiative, at any time correct the
error.

Division 7 Miscellaneous

112 Costs of external review

The costs incurred by a participant to an external review are
payable by the participant.

113 Disciplinary action

(1) If the information commissioner, at the completion of an
external review, is of the opinion that—
(a) there is evidence that an agency’s officer has committed
a breach of duty or misconduct in the administration of
this Act; and
(b) the evidence is, in all the circumstances, of sufficient
force to justify doing so;
the commissioner must bring the evidence to the notice of—
(c) if the person is the principal officer of an agency—the
responsible Minister of the agency; or
(d) in any other case—the principal officer of the agency.
(2) Also, if the commissioner, at the completion of an external
review, is of the opinion that—

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(a) there is evidence that a person subject to the direction of

a Minister under section 31 has committed a breach of
duty or misconduct in the administration of this Act; and
(b) the evidence is, in all the circumstances, of sufficient
force to justify doing so;
the commissioner must bring the evidence to the notice of the
Minister.
(3) In this section—
responsible Minister means—
(a) in relation to a department—the Minister administering
the department; or
(b) in relation to the town commission constituted under the
Alcan Queensland Pty. Limited Agreement Act
1965—the Minister administering that Act; or
(c) in relation to another local government—the Minister
administering the Local Government Act 2009; or
(d) in relation to a government owned corporation or a
subsidiary of a government owned corporation—the
Minister administering the Government Owned
Corporations Act 1993; or
(e) in relation to a public authority mentioned in
section 16(1)(a), (c)(ii) or (ca)—the Minister
administering the Act by or under which the public
authority is established; or
(f) in relation to a public authority mentioned in
section 16(1)(d)—the Minister administering the Act by
which the office is established; or
(g) in relation to any other public authority—the Minister
declared by regulation to be the responsible Minister in
relation to the public authority.

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Part 10 Vexatious applicants

114 Vexatious applicants

(1) The information commissioner may, on the commissioner’s
own initiative or on the application of 1 or more agencies,
declare in writing that a person is a vexatious applicant.
(2) The commissioner may make the declaration in relation to a
person only if the commissioner is satisfied that—
(a) the person has repeatedly engaged in access actions; and
(b) 1 of the following applies—
(i) the repeated engagement involves an abuse of
process for an access action;
(ii) a particular access action in which the person
engages involves, or would involve, an abuse of
process for that access action;
(iii) a particular access action in which the person
engages would be manifestly unreasonable.
(3) The commissioner must not make the declaration in relation
to a person without giving the person an opportunity to make
written or oral submissions.
(4) A declaration has effect subject to the terms and conditions, if
any, stated in the declaration.
(5) Without limiting the conditions that may be stated, a
declaration may include a condition that the vexatious
applicant may make an access application, an internal review
application or an external review application only with the
written permission of the commissioner.
(6) The commissioner may publish—
(a) a declaration and the reasons for making the declaration;
and
(b) a decision not to make a declaration and the reasons for
the decision.
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(7) The commissioner may publish the name of a person the

subject of a declaration under subsection (1) when publishing
the declaration and the reasons for making it.
(8) In this section—
abuse of process, for an access action, includes, but is not
limited to, the following—
(a) harassing or intimidating an individual or an employee
of an agency in relation to the access action;
(b) unreasonably interfering with the operations of an
agency in relation to the access action;
(c) seeking to use the Act for the purpose of circumventing
restrictions on access to a document or documents
imposed by a court.
access action means any of the following—
(a) an access application;
(b) an internal review application;
(c) an external review application.
agency includes a Minister.
engage, for an access action, means make the access action.

115 Declaration may be varied or revoked

(1) The information commissioner may vary or revoke a
declaration made under section 114.
(2) The commissioner may vary or revoke the declaration on the
commissioner’s own initiative or on the application of the
person subject to the declaration.

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Part 11 References of questions of law

and appeals

116 Definitions for pt 11

In this part—
appeal tribunal means the appeal tribunal under the QCAT
Act.
judicial member see the Queensland Civil and Administrative
Tribunal Act 2009.
Note—
Section 190 clarifies the powers of those acting for others.

118 Reference of questions of law to Queensland Civil and

Administrative Tribunal
(1) The information commissioner may, at the request of a
participant in an external review or on the commissioner’s
own initiative, refer a question of law arising on an external
review to QCAT.
(2) QCAT must—
(a) exercise its original jurisdiction under the QCAT Act to
hear and decide the question of law referred to it under
this section; and
(b) be constituted by 1 judicial member.
(3) If a question of law is referred to QCAT under this section, the
commissioner must not make a decision on the external
review while the reference is pending.
(4) If QCAT decides a question of law referred to it under this
section, the commissioner is bound by the decision.

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119 Appeal to Queensland Civil and Administrative Tribunal

on question of law
(1) A participant in an external review may appeal to the appeal
tribunal against a decision of the information commissioner
on the external review.
(2) The appeal may only be on a question of law.
(3) The notice of appeal must, unless the appeal tribunal orders
otherwise—
(a) be filed in QCAT’s registry within 20 business days after
the date of the decision appealed from; and
(b) be served as soon as possible on all participants in the
external review.
(4) The appeal tribunal—
(a) has jurisdiction to hear and decide the appeal; and
(b) must be constituted by 1 judicial member.
(5) The appeal may only be by way of a rehearing.

120 Application to Queensland Civil and Administrative

Tribunal for review of decision about financial hardship
status
A non-profit organisation may apply, as provided under the
QCAT Act, to QCAT for a review of a decision of the
information commissioner made under section 67.

121 Application to Queensland Civil and Administrative

Tribunal for review of vexatious applicant declaration
A person subject to a declaration made under section 114 may
apply, as provided under the QCAT Act, to QCAT for a review
of a decision of the information commissioner to declare the
person a vexatious applicant.

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122 Rules and procedures of Queensland Civil and

Administrative Tribunal
(1) Anything done under this Act involving QCAT must be done
in accordance with QCAT rules and procedures.
Examples—
• rules and procedures relating to filing of documents
• rules and procedures relating to conduct of hearings
(2) For the QCAT Act, section 43(2)(b)(iii), a person may be
represented before QCAT by a lawyer on a reference of a
question of law under section 118 or on an appeal on a
question of law under section 119.
(3) In this section—
QCAT rules and procedures means the rules and procedures
applying to QCAT under the QCAT Act.

Chapter 4 Office of the Information

Commissioner

Part 1 General

123 Information Commissioner and office of the information

commissioner
(1) There is to be an Information Commissioner.
(2) The commissioner is an officer of the Parliament.
(3) The Office of the Information Commissioner established
under the repealed Freedom of Information Act 1992 is
continued in existence.
(4) The OIC consists of the commissioner and the staff of the
office.

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124 Office of the information commissioner is a statutory

body
(1) The OIC is a statutory body for the Financial Accountability
Act 2009 and the Statutory Bodies Financial Arrangements
Act 1982.
(2) The Statutory Bodies Financial Arrangements Act 1982,
part 2B sets out the way in which the OIC’s powers under this
Act are affected by the Statutory Bodies Financial
Arrangements Act 1982.

Part 2 Information Commissioner

125 General power

The information commissioner has power to do all things that
are necessary or convenient to be done for or in connection
with the performance of the commissioner’s functions under
an Act.

126 Information commissioner not subject to direction

(1) The information commissioner is not subject to direction by
any person about—
(a) the way in which the commissioner’s powers are to be
exercised in the performance of a function under
section 128, 129, 130 or 131; or
(b) the priority to be given to investigations and reviews
under this Act.
(2) Subsection (1) has effect despite the Public Sector Act 2022.

127 Control of the office of the information commissioner

The information commissioner controls the OIC.

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128 Support functions

(1) The functions of the information commissioner include giving
information and help to agencies and members of the public
on matters relevant to this Act, in particular, by—
(a) giving guidance on the interpretation and administration
of this Act; and
(b) giving information and help to agencies, applicants and
third parties at any stage of an access application; and
(c) promoting greater awareness of the operation of this Act
in the community and within government, including by
providing training and educative programs; and
(d) monitoring the way the public interest test set out in
section 49 is applied by agencies and on external review,
consulting experts on its application and keeping
agencies informed; and
(e) commissioning external research, and consulting experts
on the design of surveys, to monitor whether this Act
and its administration are achieving this Act’s stated
objectives; and
(f) commenting on any issues relating to the administration
of right to information or privacy in the public sector
environment; and
(g) without limiting paragraph (f), identifying and
commenting on legislative and administrative changes
that would improve the administration of this Act.
(2) In this section—
agency includes a Minister.

129 Decision-making functions

The functions of the information commissioner include—
(a) deciding applications for extensions of time under
schedule 4, part 4, item 1; and

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(b) deciding applications from non-profit organisations for

financial hardship status under section 67; and
(c) making, varying or revoking declarations under
section 114 or 115.

130 External review functions

(1) The functions of the information commissioner include
investigating and reviewing decisions of agencies and
Ministers under chapter 3, part 9.
(2) The functions of the commissioner also include investigating
and reviewing whether, in relation to the decisions, agencies
and Ministers have taken reasonable steps to identify and
locate documents applied for by applicants.

131 Performance monitoring functions

(1) The functions of the information commissioner include
reviewing and reporting on agencies in relation to the
operation of this Act and the Information Privacy Act,
chapter 3, including by—
(a) monitoring, auditing and reporting on agencies’
compliance with this Act and the Information Privacy
Act, chapter 3; and
(b) advising the parliamentary committee of the statistical
information (including statistical information about
giving access to information other than on an access
application) agencies are to give the commissioner for
reports under this section; and
(c) publishing performance standards and measures for use
in reports under this section.
(2) The commissioner must, as soon as practicable after finishing
a review, give a report about the outcome of the review to the
parliamentary committee.
(3) In this section—
agency includes a Minister.
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132 Power to issue guidelines

(1) The information commissioner also has power to issue a
guideline about a matter for or in connection with any of the
commissioner’s functions.
(2) The commissioner must publish the guideline on the
commissioner’s website.
(3) Without limiting subsection (1), the commissioner may issue
a guideline about any of the following matters—
(a) the interpretation and administration of this Act;
(b) the application of the public interest test set out in
section 49, including examples of the way it should be
and has been applied;
(c) the production and management of schedules of relevant
documents, particularly to achieve consistency;
(d) the process for external reviews, including appropriate
timeframes for completion of external reviews;
(e) when it is appropriate to apply for a declaration that a
person is a vexatious applicant;
(f) procedural, technical and sector specific issues in
relation to this Act, including documents mentioned in
schedule 1 and entities mentioned in schedule 2;
(g) what agencies or Ministers should include in reasons for
a decision;
(h) best practice for agencies to improve service to those
seeking to access information;
(i) best practice for publication schemes;
(j) best practice for administrative access schemes,
including disclosure logs.

133 Budget and performance

(1) For each financial year, the information commissioner must
develop, adopt and submit to the Minister a budget for the
OIC not later than the day the Minister directs.
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(2) A budget has no effect until approved by the Minister.

(3) During a financial year the commissioner may develop, adopt
and submit to the Minister amendments to the OIC’s budget.
(4) An amendment has no effect until approved by the Minister.
(5) The OIC must comply with its budget.
(6) This section does not require the commissioner to give the
Minister any details that would, if given, prejudice a current
investigation or review by the commissioner.

134 Appointment
(1) The information commissioner is appointed by the Governor
in Council.
(2) The commissioner is appointed under this Act and not under
the Public Sector Act 2022.

135 Procedure before appointment

(1) A person may be appointed as information commissioner only
if—
(a) the Minister has placed press advertisements nationally
calling for applications from suitably qualified persons
to be considered for appointment; and
(b) the Minister has consulted with the parliamentary
committee about—
(i) the process of selection for appointment; and
(ii) the appointment of the person as commissioner.
(2) Subsection (1)(a) and (b)(i) does not apply to the
reappointment of a person as information commissioner.

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136 Term of appointment

(1) The information commissioner holds office for the term, of
not more than 5 years, stated in the instrument of
appointment.
(2) However, a person being reappointed as information
commissioner can not be reappointed for a term that would
result in the person holding office as information
commissioner for more than 10 years continuously.

137 Remuneration and conditions

(1) The information commissioner must be paid remuneration
and other allowances decided by the Governor in Council.
(2) The remuneration paid to the commissioner must not be
reduced during the commissioner’s term of office without the
commissioner’s written consent.
(3) In relation to matters not provided for by this Act, the
commissioner holds office on the terms and conditions
decided by the Governor in Council.

138 Leave of absence

The information commissioner is entitled to the leave of
absence decided by the Governor in Council.

139 Preservation of rights if public service officer appointed

(1) A public service officer who is appointed to the office of
information commissioner or who is appointed to act in the
office is entitled to retain all existing and accruing rights as if
service in the office were a continuation of service as a public
service officer.
(2) If the person stops holding the office for a reason other than
misconduct, the person is entitled to be employed as a public
service officer.

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(3) The person must be employed on the classification level and

remuneration that the Public Sector Commission or another
entity prescribed under a regulation considers the person
would have attained in the ordinary course of progression if
the person had continued in employment as a public service
officer.

140 Oath before performing duties

(1) Before performing the duties of office, the information
commissioner must make an oath or affirmation to the effect
that he or she will faithfully and impartially perform the duties
of the office.
(2) The oath must be administered by the Speaker.

140A Declaration of interests

(1) This section applies to the information commissioner on
appointment.
Note—
Appointment includes reappointment. See the Acts Interpretation Act
1954, schedule 1, definition appoint.
(2) The information commissioner must, within 1 month, give the
Speaker a statement setting out the information mentioned in
subsection (3) in relation to—
(a) the interests of the information commissioner; and
(b) the interests of each person who is a related person in
relation to the information commissioner.
(3) The information to be set out in the statement is the
information that would be required to be disclosed under the
Parliament of Queensland Act 2001, section 69B if the
information commissioner were a member of the Legislative
Assembly.
(4) Subsections (5) and (6) apply if, after the giving of the
statement—

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(a) there is a change in the interests mentioned in

subsection (2); and
(b) the change is of a type that would have been required to
be disclosed under the Parliament of Queensland Act
2001, section 69B if the information commissioner were
a member of the Legislative Assembly.
(5) The information commissioner must give the Speaker a
revised statement.
(6) The revised statement must—
(a) be given as soon as possible after the relevant facts
about the change come to the information
commissioner’s knowledge; and
(b) comply with subsection (3).
(7) The Speaker must, if asked, give a copy of the latest statement
to—
(a) the Minister; or
(b) the leader of a political party represented in the
Legislative Assembly; or
(c) the Crime and Corruption Commission; or
(d) a member of the parliamentary committee; or
(e) the integrity commissioner.
(8) The Speaker must, if asked, give a copy of the part of the
latest statement that relates only to the information
commissioner to another member of the Legislative
Assembly.
(9) A member of the Legislative Assembly may, by writing given
to the Speaker, allege that the information commissioner has
not complied with the requirements of this section.
(10) A reference in this section to an interest is a reference to the
matter within its ordinary meaning under the general law and
the definition in the Acts Interpretation Act 1954, schedule 1
does not apply.
(11) In this section—
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integrity commissioner means the Queensland Integrity

Commissioner under the Integrity Act 2009.
related person, in relation to the information commissioner,
means—
(a) the information commissioner’s spouse; or
(b) a person who is totally or substantially dependent on the
information commissioner and—
(i) the person is the information commissioner’s child;
or
(ii) the person’s affairs are so closely connected with
the affairs of the information commissioner that a
benefit derived by the person, or a substantial part
of it, could pass to the information commissioner.

140B Conflicts of interest

(1) If the information commissioner has an interest that conflicts
or may conflict with the discharge of the information
commissioner’s responsibilities, the information
commissioner—
(a) must disclose the nature of the interest and conflict to
the Speaker and parliamentary committee as soon as
practicable after the relevant facts come to the
information commissioner’s knowledge; and
(b) must not take action or further action concerning a
matter that is, or may be, affected by the conflict until
the conflict or possible conflict is resolved.
(2) If the conflict or possible conflict between an interest of the
information commissioner and the information
commissioner’s responsibilities is resolved, the information
commissioner must give to the Speaker and parliamentary
committee a statement advising of the action the information
commissioner took to resolve the conflict or possible conflict.
(3) A reference in this section to an interest or to a conflict of
interest is a reference to those matters within their ordinary
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meaning under the general law and, in relation to an interest,

the definition in the Acts Interpretation Act 1954, schedule 1
does not apply.

141 Restriction on outside employment

(1) The information commissioner must not, without the
Minister’s prior approval in each particular case—
(a) hold any office of profit other than that of information
commissioner; or
(b) engage in any remunerative employment or undertaking
outside the duties of the office.
(2) Contravention of subsection (1) is misconduct under
section 160(a).

142 Resignation
(1) The information commissioner may resign by signed notice
given to the Minister.
(2) As soon as practicable after the notice is given to the Minister,
the Minister must—
(a) give the notice to the Governor for information; and
(b) give a copy of the notice to—
(i) the Speaker of the Assembly; and
(ii) the chairperson of the parliamentary committee.
(3) Failure to comply with subsection (2) does not affect the
effectiveness of the resignation.

143 Acting information commissioner

(1) The Governor in Council may appoint a person to act as
information commissioner—
(a) during a vacancy in the office; or

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(b) during any period, or during all periods, when the

information commissioner is absent from duty or from
Australia or is, for another reason, unable to perform the
duties of the office.
(2) The acting information commissioner is appointed under this
Act and not the Public Sector Act 2022.
(3) Before performing the duties of office, the acting information
commissioner must make an oath or affirmation to the effect
that he or she will faithfully and impartially perform the duties
of the office.
(4) The oath must be administered by the Speaker.
(5) The Acts Interpretation Act 1954, section 25(1)(b)(iv) and (v)
does not apply to the office of acting information
commissioner.

Part 3 Staff of the Office of the

Information Commissioner

144 Staff employed under Public Sector Act 2022

(1) The staff of the OIC must be employed under the Public
Sector Act 2022.
(2) However, subsection (1) does not apply to the RTI
commissioner or the privacy commissioner.

145 Delegation
The information commissioner may delegate to a member of
the staff of the OIC all or any of the commissioner’s powers
under this Act.

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146 Staff subject only to direction of information

commissioner
(1) The staff of the OIC are not subject to direction by any person,
other than the information commissioner or a person
authorised by the commissioner, about the way in which the
commissioner’s powers under an Act are to be exercised.
(2) Subsection (1) has effect despite the Public Sector Act 2022.

Part 4 Right to Information

Commissioner

147 Right to Information Commissioner

(1) There is to be a Right to Information Commissioner (the RTI
commissioner).
(2) The RTI commissioner is a member of the staff of the OIC.

148 Role and function of RTI commissioner

(1) The RTI commissioner’s role is that of a deputy to the
information commissioner, with particular responsibility for
matters relating to the information commissioner’s functions
under this Act.
(2) The RTI commissioner’s function is to perform the functions
of the information commissioner under this Act to the extent
the functions are delegated to the RTI commissioner by the
information commissioner.

149 RTI commissioner subject to direction of information

commissioner
The RTI commissioner is subject to the direction of the
information commissioner.

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150 Appointment
(1) The RTI commissioner is appointed by the Governor in
Council.
(2) The commissioner is appointed under this Act and not under
the Public Sector Act 2022.

151 Procedure before appointment

(1) A person may be appointed as RTI commissioner only if—
(a) the Minister has placed press advertisements nationally
calling for applications from suitably qualified persons
to be considered for appointment; and
(b) the Minister has consulted with the parliamentary
committee about—
(i) the process of selection for appointment; and
(ii) the appointment of the person as commissioner.
(2) Subsection (1)(a) and (b)(i) does not apply to the
reappointment of a person as RTI commissioner.

152 Term of appointment

(1) The RTI commissioner holds office for the term, of not more
than 5 years, stated in the instrument of appointment.
(2) However, a person being reappointed as RTI commissioner
can not be reappointed for a term that would result in the
person holding office as RTI commissioner for more than 10
years continuously.

153 Remuneration and conditions

(1) The RTI commissioner must be paid remuneration and other
allowances decided by the Governor in Council.
(2) The remuneration paid to the commissioner must not be
reduced during the commissioner’s term of office without the
commissioner’s written agreement.
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(3) In relation to matters not provided for by this Act, the

commissioner holds office on the terms and conditions
decided by the Governor in Council.

154 Leave of absence

The information commissioner may approve a leave of
absence for the RTI commissioner in accordance with
entitlements available to the RTI commissioner under the RTI
commissioner’s conditions of office.

155 Preservation of rights if public service officer appointed

(1) A public service officer who is appointed to the office of RTI
commissioner or who is appointed to act in the office is
entitled to retain all existing and accruing rights as if service
in the office were a continuation of service as a public service
officer.
(2) If the person stops holding the office for a reason other than
misconduct, the person is entitled to be employed as a public
service officer.
(3) The person must be employed on the classification level and
remuneration that the Public Sector Commission or another
entity prescribed under a regulation considers the person
would have attained in the ordinary course of progression if
the person had continued in employment as a public service
officer.

156 Restriction on outside employment

(1) The RTI commissioner must not, without the Minister’s prior
approval in each particular case—
(a) hold any office of profit other than that of RTI
commissioner; or
(b) engage in any remunerative employment or undertaking
outside the duties of the office.

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(2) Contravention of subsection (1) is misconduct under

section 160(a).

157 Resignation
(1) The RTI commissioner may resign by signed notice given to
the Minister.
(2) As soon as practicable after the notice is given to the Minister,
the Minister must—
(a) give the notice to the Governor for information; and
(b) give a copy of the notice to—
(i) the Speaker of the Assembly; and
(ii) the chairperson of the parliamentary committee.
(3) Failure to comply with subsection (2) does not affect the
effectiveness of the resignation.

158 Acting RTI commissioner

(1) The Governor in Council may appoint a person to act as RTI
commissioner—
(a) during a vacancy in the office; or
(b) during any period, or during all periods, when the RTI
commissioner is absent from duty or from Australia or
is, for another reason, unable to perform the duties of
the office.
(2) The acting RTI commissioner is appointed under this Act and
not the Public Sector Act 2022.
(3) The Acts Interpretation Act 1954, section 25(1)(b)(iv) and (v)
does not apply to the office of acting RTI commissioner.

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Part 5 Commissioner may be removed

or suspended from office

159 Definition for pt 5

In this part—
commissioner means the information commissioner, the RTI
commissioner or the privacy commissioner.

160 Grounds for removal or suspension

The following are grounds for removal or suspension of a
commissioner from office—
(a) proved incapacity, incompetence or misconduct;
(b) conviction of an indictable offence.

161 Removal on address

(1) The Governor may, on an address from the Assembly, remove
a commissioner from office.
(2) The motion for the address may be moved only by the
Premier.
(3) The Premier may move the motion only if—
(a) the Premier has given the commissioner a statement
setting out the reasons for the motion; and
(b) the statement and any written response by the
commissioner have been tabled in the Assembly; and
(c) the Premier has consulted with the parliamentary
committee about the motion; and
(d) agreement to the motion has been obtained from—
(i) all members of the parliamentary committee; or
(ii) a majority of members of the parliamentary
committee, other than a majority consisting wholly

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of members of the political party or parties in

government in the Assembly.

162 Suspension on address

(1) The Governor may, on an address from the Assembly, suspend
a commissioner from office.
(2) The motion for the address may be moved only by the
Premier.
(3) The Premier may move the motion only if—
(a) the Premier has given the commissioner a statement
setting out the reasons for the motion; and
(b) the statement and any written response by the
commissioner have been tabled in the Assembly; and
(c) the Premier has consulted with the parliamentary
committee about the motion; and
(d) agreement to the motion has been obtained from—
(i) all members of the parliamentary committee; or
(ii) a majority of members of the parliamentary
committee, other than a majority consisting wholly
of members of the political party or parties in
government in the Assembly.
(4) The commissioner is entitled to be paid salary and allowances
for the period of the suspension only if—
(a) the Assembly resolves that salary and allowances be
paid for the period; or
(b) the Assembly does not pass a resolution under
paragraph (a) and the Governor in Council approves the
payment of salary and allowances for the period.

163 Suspension if Assembly not sitting

(1) If the Assembly is not sitting, the Governor in Council may
suspend a commissioner from office.
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(2) The Governor in Council may suspend the commissioner only

if—
(a) the Premier has given the commissioner a statement
setting out the reasons for the suspension; and
(b) the Premier has considered any response by the
commissioner to the statement.
(3) The Premier must table the statement and any written
response by the commissioner in the Assembly within 3
sitting days after the day the suspension begins.
(4) The suspension stops having effect—
(a) at the end of 6 sitting days after the day the suspension
begins; or
(b) if the commissioner is earlier suspended or removed
from office on an address from the Assembly—at the
earlier time.
(5) If the suspension stops having effect under subsection (4)(a),
the commissioner is entitled to be paid salary and allowances
for the period of the suspension.
(6) Except as provided in subsection (5), the commissioner is
entitled to be paid salary and allowances for the period of the
suspension only if—
(a) the Assembly resolves that salary and allowances be
paid for the period; or
(b) the Assembly does not pass a resolution under
paragraph (a) and the Governor in Council approves the
payment of salary and allowances for the period.

164 Acts Interpretation Act 1954

The Acts Interpretation Act 1954, section 25(1)(b)(i) to (iii)
does not apply to the removal or suspension of a
commissioner.

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Part 6 Proceedings

165 Third party proceedings

(1) The information commissioner or a member of the staff of the
OIC can not be compelled—
(a) to produce an RTI document in third party legal
proceedings; or
(b) to disclose RTI information in third party legal
proceedings.
(2) In this section—
RTI document means a document received, or created, by the
commissioner or a member of the staff of the OIC in
performing functions under this Act.
RTI information means information that the commissioner or
a member of the staff of the OIC obtained in performing
functions under this Act.
third party legal proceedings means a legal proceeding other
than—
(a) a legal proceeding started by the commissioner; or
(b) a legal proceeding started against the commissioner or a
member of the staff of the OIC arising out of the
performance of functions under this Act.

166 Costs in proceedings

If a proceeding arising out of the performance of the functions
of the information commissioner is started by the State, the
reasonable costs of a party to the proceeding must be paid by
the State.

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167 Information commissioner or RTI commissioner may

appear in proceedings
The information commissioner or RTI commissioner is
entitled to appear and be heard in a proceeding arising out of
the performance of the functions of the information
commissioner.

168 Intervention by Attorney-General

(1) The Attorney-General may, for the State, intervene in a
proceeding before a court arising out of the performance of
the functions of the information commissioner under this Act.
(2) If the Attorney-General intervenes—
(a) the court may make the order as to costs against the
State the court considers appropriate; and
(b) the Attorney-General becomes a party to the
proceeding.

Chapter 5 Protections and offences

Part 1 Protections

169 Meaning of access was required or permitted to be given

under this Act
In this part—
access was required or permitted to be given under this Act
means access was required or permitted to be given under this
Act, other than under section 20 or 21.

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170 Access—protection against actions for defamation or

breach of confidence
(1) If a person has been given access to a document and—
(a) the access was required or permitted to be given under
this Act; or
(b) the access was authorised by a decision-maker, in the
genuine belief that the access was required or permitted
to be given under this Act;
then—
(c) no action for defamation or breach of confidence lies
against the State, an agency, a Minister or an officer of
an agency because of the authorising or giving of the
access; and
(d) no action for defamation or breach of confidence in
relation to any publication involved in, or resulting
from, the giving of the access lies against the author of
the document or another person because of the author or
another person having given the document to an agency
or Minister.
(2) The giving of access to a document (including an exempt
document or a contrary to public interest document) because
of an access application or under section 78 or 78A must not
be taken for the purposes of the law relating to defamation or
breach of confidence to constitute an authorisation or approval
of the publication of the document or its contents by the
person to whom access is given.

171 Publication—protection against actions for defamation or

breach of confidence
(1) If a document has been published and—
(a) the publication was—
(i) required or permitted under section 78 or 78A; or
(ii) authorised by a Minister, or an officer having
authority in relation to disclosure logs, in the
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genuine belief the publication was required or

permitted under section 78 or 78A; or
(b) the publication was required under section 110 or
authorised by the information commissioner in the
genuine belief that the publication was required under
section 110;
then—
(c) no action for defamation or breach of confidence lies
against the State, an agency, a Minister, the
commissioner or an officer because of the publication;
and
(d) no action for defamation or breach of confidence in
relation to the publication or a resulting publication lies
against the author of the document or another person
because of the author or another person having given the
document to an agency, Minister or commissioner.
(2) The publication of a document (including an exempt
document or contrary to public interest document) under
section 78, 78A or 110 must not be taken for the purposes of
the law relating to defamation or breach of confidence to
constitute an authorisation or approval of the publication of
the document or its contents.

172 Access—protection in respect of offences

If access has been given to a document and—
(a) the access was required or permitted to be given under
this Act; or
(b) the access was authorised by a decision-maker, in the
genuine belief that the access was required or permitted
to be given under this Act;
neither the person authorising the access nor any other person
concerned in the giving of the access commits a criminal
offence merely because of authorising or giving of the access.

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173 Publication—protection in respect of offences

If a document has been published and—
(a) the publication was—
(i) required or permitted under section 78 or 78A; or
(ii) authorised by a Minister, or an officer having
authority in relation to disclosure logs, in the
genuine belief the publication was required or
permitted under section 78 or 78A; or
(b) the publication was required under section 110 or
authorised by the information commissioner in the
genuine belief that the publication was required under
section 110;
the person authorising publication and any other person
concerned in the publication of the document do not commit a
criminal offence merely because of authorising or being
concerned in the publication.

174 Protection of agency, information commissioner etc. from

personal liability
(1) A relevant entity does not incur civil liability for an act done
or omission made honestly and without negligence under this
Act.
(2) A liability that would, other than for this section, attach to a
relevant entity attaches instead to the State.
(3) In this section—
relevant entity means any of the following—
(a) an agency;
(b) an agency’s principal officer;
(c) a Minister;
(d) a decision-maker;
(e) a person acting under the direction of an agency, an
agency’s principal officer or a Minister;
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(f) the information commissioner;

(g) a member of the staff of the OIC.

Part 2 Offences

175 Direction to act in particular way

(1) A person must not give a direction, either orally or in writing
to a person required or permitted to make a decision under this
Act directing the person to make a decision the person
believes is not the decision that should be made under this
Act.
Maximum penalty—100 penalty units.
(2) Subsection (1) does not apply to the information
commissioner or a person authorised by the commissioner in
relation to a direction that may be given to a member of the
staff of the OIC under section 146.
(3) A person must not give a direction, either orally or in writing
to—
(a) a person who is an employee or officer of the agency
involved in a matter under this Act; or
(b) an employee of a Minister involved in a matter under
this Act;
directing the person to act contrary to the requirements of this
Act.
Maximum penalty—100 penalty units.

176 Unlawful access

A person must not, in order to gain access to a document
containing another person’s personal information, knowingly
deceive or mislead a person exercising powers under this Act.
Maximum penalty—100 penalty units.

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177 False or misleading information

(1) A person must not give information to the information
commissioner, or a member of the staff of the OIC, that the
person knows is false or misleading in a material particular.
Maximum penalty—100 penalty units.
(2) Subsection (1) does not apply to information given in a
document, if the person when giving the document—
(a) informs the commissioner or member of the staff of the
OIC, to the best of the person’s ability, how the
information is false or misleading; and
(b) gives the correct information to the commissioner or
member of the staff of the OIC if the person has, or can
reasonably obtain, the correct information.
(3) It is enough for a complaint against a person for an offence
against subsection (1) to state that the information was ‘false
or misleading’, without specifying whether it was false or
whether it was misleading.

178 Failure to produce documents or attend proceedings

A person given notice under section 103 to—
(a) give information; or
(b) produce a document; or
(c) attend before the information commissioner;
must not, without reasonable excuse, fail to do so.
Maximum penalty—100 penalty units.

179 Disclosure or taking advantage of information

If a person is or has been the information commissioner or a
member of the staff of the OIC, the person must not—
(a) otherwise than for the purposes of this Act or a
proceeding arising under this Act, disclose any

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information that the person obtained in performing

functions under this Act; or
(b) take advantage of that information to benefit himself or
herself or another person.
Maximum penalty—100 penalty units.

Chapter 6 Miscellaneous provisions

Part 1 Archival documents

180 Operation of Public Records Act 2002

(1) Without limiting section 4, this Act does not affect the
provisions of the Public Records Act 2002 relating to the
giving of access to documents by the Queensland State
Archives.
(2) Without limiting section 6, the Public Records Act 2002 does
not prevent a person being given access to a document in the
custody of Queensland State Archives to which a person may
be given access under this Act.

181 Non-official documents in Queensland State Archives

etc.
A document that—
(a) has been placed in the custody of Queensland State
Archives or a public library by a person; and
(b) was not, immediately before being placed in that
custody, a document of an agency or a document of a
Minister;

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is available for access to members of the community under

this Act, subject to any restrictions or conditions imposed by
the person—
(c) at the time the document was placed in the custody of
the Queensland State Archives or public library; or
(d) as permitted under section 23(2) of the repealed
Freedom of Information Act 1992.

182 Official documents in Queensland State Archives

(1) For the purposes of this Act, a document that—
(a) has been placed in the custody of the Queensland State
Archives by an agency (whether before or after the
commencement of this section); and
(b) is not reasonably available for inspection under the
Public Records Act 2002;
is taken to be in the agency’s possession, or, if the agency no
longer exists, to be in the possession of the agency whose
functions are most closely related to the document, if the
agency is entitled to access to the document.
(2) For the purposes of this Act, a document that has been placed
by an agency (including the Queensland State Archives) in a
place of deposit under the Libraries Act 1988 (whether before
or after the commencement of this part) or the Public Records
Act 2002 is taken to be in the agency’s possession, or, if the
agency no longer exists, the agency whose functions are most
closely related to the document, if the agency is entitled to
access to the document.

Part 2 Operation of this Act

183 Review of Act

(1) The Minister must review this Act and the review must start
no later than 2 years after the commencement of this section.
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(2) The objects of the review include—

(a) deciding whether the primary object of this Act remains
valid; and
(b) deciding whether this Act is meeting its primary object;
and
(c) deciding whether the provisions of this Act are
appropriate for meeting its primary object; and
(d) investigating any specific issue recommended by the
Minister or the information commissioner.
(3) The Minister must, as soon as practicable after finishing the
review, table a report about the outcome of the review in the
Assembly.

184 Reports of information commissioner

(1) The information commissioner may make a report to the
Speaker on matters relating to a particular external review.
(2) The commissioner must, as soon as practicable after the end
of each financial year, give the Speaker and parliamentary
committee a report of the operations of the OIC during that
year.
(3) A report under subsection (2) must include, in relation to the
financial year to which it relates, details of the matters
prescribed under a regulation.
(4) The parliamentary committee may require the commissioner
to prepare and give the committee a report on a particular
aspect of the performance of the commissioner’s functions.
(5) If a report of the commissioner is given to the Speaker or the
parliamentary committee, the Speaker or the chairperson of
the committee must cause the report to be tabled in the
Assembly on the next sitting day after it is given.

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185 Report to Assembly on Act’s operation

(1) The Minister administering this Act shall, as soon as
practicable after the end of each financial year, prepare a
report on the operation of this Act during that year and cause a
copy of the report to be tabled in the Assembly.
(2) A report under subsection (1) must include, in relation to the
financial year to which it relates, details of the matters
prescribed under a regulation.

186 Strategic review of office

(1) Strategic reviews of the OIC must be conducted under this
section and sections 187 and 188.
(2) The first review under this section must be conducted within 4
years after the commencement of this section.
(3) Subject to subsection (2), a strategic review must be
conducted at least every 5 years, counting from the date of the
report (the earlier report) for the most recent earlier strategic
review up to when the reviewer is appointed under
subsection (5) to undertake the latest review.
(4) However, if the parliamentary committee reported to the
Assembly about the earlier report, and the committee’s report
made recommendations to which a Minister was required to
respond under the Parliament of Queensland Act 2001,
section 107 the 5 years is counted from when the Minister’s
response was tabled under that section.
(5) Each strategic review must be undertaken by an appropriately
qualified person (reviewer), appointed by the Governor in
Council, who must give a report on the review.
(6) For subsection (5), a corporation is an appropriately qualified
person if a director, employee or other staff member of the
corporation is appropriately qualified to undertake the review.
(7) The terms of reference for a strategic review are to be decided
by the Governor in Council.

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(8) Before a reviewer is appointed to conduct a strategic review,

the Minister must consult with the parliamentary committee
and the information commissioner about—
(a) the appointment of the reviewer; and
(b) the terms of reference for the review.
(9) The remuneration and other terms of appointment of the
reviewer are as decided by the Governor in Council.
(10) In this section—
strategic review, of the OIC, includes—
(a) a review of the commissioner’s functions; and
(b) a review of the commissioner’s performance of the
functions to assess whether they are being performed
economically, effectively and efficiently.

187 Conduct of strategic review

In conducting a strategic review—
(a) the reviewer has the powers an authorised auditor has
under the Auditor-General Act 2009 for an audit of an
entity; and
(b) that Act and other Acts apply to the reviewer as if the
reviewer were an authorised auditor conducting an audit
of an entity.

188 Report of strategic review

(1) The reviewer must give a copy of a proposed report on the
strategic review to the Minister and the information
commissioner.
(2) The commissioner may, within 15 business days after
receiving the proposed report, give the reviewer written
comments on anything in the proposed report.
(3) If the commissioner comments under subsection (2), the
reviewer must—
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(a) if the reviewer and commissioner can agree about how

to dispose of a comment—incorporate into the report
any agreed amendment necessary to dispose of the
comment; or
(b) if the reviewer and commissioner can not agree about
how to dispose of a comment—include the comment, in
full, in the report.
(4) After complying with subsections (1) and (3), the reviewer
must give the report (strategic review report) to the Minister
and the commissioner.
(5) The strategic review report must be the same as the proposed
report given to them under subsection (1), apart from the
changes made under subsection (3).
(6) The Minister must table the strategic review report in the
Assembly within 3 sitting days after the Minister receives the
report.
(7) For the Parliament of Queensland Act 2001, section 92(2) the
report is referred to the parliamentary committee.

189 Functions of parliamentary committee

The parliamentary committee has the following functions
under this Act—
(a) to monitor and review the performance by the
information commissioner of the commissioner’s
functions under this Act;
(b) to report to the Assembly on any matter concerning the
commissioner, the commissioner’s functions or the
performance of the commissioner’s functions that the
committee considers should be drawn to the Assembly’s
attention;
(c) to decide, in consultation with the commissioner, the
statistical information (including statistical information
about giving access to information other than on an
access application) agencies and Ministers are to give
the commissioner for reports under section 131;
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(d) to examine each annual report tabled in the Assembly

under this Act and, if appropriate, to comment on any
aspect of the report and to make recommendations;
(e) to examine each strategic review report tabled in the
Assembly under this Act and, if appropriate, to
comment on any aspect of the report and to make
recommendations;
(f) to report to the Assembly any changes to the functions,
structures and procedures of the OIC the committee
considers desirable for the more effective operation of
this Act;
(g) the other functions conferred on the parliamentary
committee by this Act.

Part 3 Other

190 Power of person acting for another person

(1) To remove any doubt, it is declared that, in relation to an
application or other matter under this Act—
(a) a person’s agent is able to do, in accordance with the
terms of the person’s authorisation as agent, anything
that the person could do; and
(b) a child’s parent is able to do anything that the child
could do if the child were an adult.
(2) In this section—
child see section 25.
parent see section 25.

191 Contents of prescribed written notice

If an agency or Minister must give a person a prescribed
written notice of a decision under this Act, the notice must be
in writing and state the following details—
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(a) the decision;

(b) the reasons for the decision;
Note—
See the Acts Interpretation Act 1954, section 27B (Content of
statement of reasons for decision).
(c) the day the decision was made;
(d) the name and designation of the person making the
decision;
(e) if the decision is not the decision sought by the
person—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.

192 Approval of forms

The chief executive may approve forms for use under this Act.

193 Regulation-making power

The Governor in Council may make regulations under this
Act.

Chapter 7 Repeal and transitional

provisions

Part 1 Repeal

194 Repeal
The Freedom of Information Act 1992, No. 42 is repealed.

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Part 2 Transitional provisions for Act

No. 13 of 2009

195 Outdated references

In an Act or document, if the context permits, a reference to
the Freedom of Information Act 1992 is taken to be a reference
to this Act.

196 Continuation of appointment as information

commissioner
The person who, immediately before the commencement of
section 123, was the information commissioner under the
repealed Freedom of Information Act 1992—
(a) continues as the information commissioner under this
Act until an appointment is made under section 134; and
(b) is taken to have satisfied the requirements under
section 140 concerning the oath.

197 Continuation of appointment as acting information

commissioner
The person who, immediately before the commencement of
section 143, was the acting information commissioner under
the repealed Freedom of Information Act 1992—
(a) continues as the acting information commissioner under
this Act until an appointment is made under section 134
or 143; and
(b) is taken to have satisfied the requirements under that
section concerning the oath.

198 Pre-enactment recruitment process

An appointment of a person as information commissioner or
RTI commissioner after the enactment of this Act is not to be
taken to be invalid only because action was taken in relation to
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the filling of the role of information commissioner or RTI

commissioner before the enactment.

199 Applications under Freedom of Information Act 1992

(1) The repealed Freedom of Information Act 1992 continues to
apply in relation to an application under that Act that has not
been finalised before the commencement of this section as if
this Act had not been enacted.
(2) For subsection (1), an application has not been finalised
until—
(a) a decision on the application is made; and
(b) either—
(i) the time for exercising any review rights or appeal
rights in relation to the decision has ended without
any rights being exercised; or
(ii) any review or appeal in relation to the decision has
ended.

200 Time limit for access under Freedom of Information Act

1992 continues to apply
The repealed Freedom of Information Act 1992, section 31A
continues to apply if a person is given access under that Act to
a document whether before or after the commencement of this
section.

201 Statements of affairs

The repealed Freedom of Information Act 1992, section 18
continues to apply to an agency until the agency publishes a
statement of affairs under that section.

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202 Refusal to deal with application—previous application for

same documents
For section 43, a first application may be an application under
the repealed Freedom of Information Act 1992.

203 Delayed appeals and applications to QCAT

(1) If a person may appeal to the appeal tribunal under
section 119 before QCAT comes into existence, the person
may appeal to the appeal tribunal within 20 business days
after QCAT comes into existence.
(2) If a person may, within a period, apply to QCAT under
section 120 or 121 before QCAT comes into existence, the
person may apply to QCAT within that period after QCAT
comes into existence.

Part 3 Transitional provisions for

State Penalties Enforcement
and Other Legislation
Amendment Act 2009

204 Definition for pt 3

In this part—
relevant period means the period starting on 1 July 2009 and
ending immediately before the commencement of this part.

205 Retrospective validation for particular delegations and

directions
(1) A delegation, or an amendment of a delegation, made by a
principal officer under this Act during the relevant period is
taken to be, and always to have been, as valid as if section 30,
as in force immediately after the commencement of this part,
had been in force on the day the delegation, or the
amendment, was made.
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(2) A direction given by a Minister under this Act during the

relevant period is taken to be, and always to have been, as
valid as if section 31, as in force immediately after the
commencement of this part, had been in force on the day the
direction was given.

206 Decision under s 55(2) is a reviewable decision

(1) A decision made during the relevant period stating the matters
mentioned in section 55(2) is, and always has been, a
reviewable decision under this Act as if section 55, as in force
immediately after the commencement of this part, had been in
force on the day the decision was made.
(2) Despite section 82(c) or 88(1)(d), an application for internal
review or external review in relation to the decision may be
made within 20 business days after the commencement of this
part.
(3) If an application for internal review or external review in
relation to the decision is made before the commencement of
this part, for the purposes of any review, the application is
taken to have been made immediately after the
commencement of this part.

Part 4 Transitional provision for

Integrity Reform
(Miscellaneous Amendments)
Act 2010

206A Declaration of interests by information commissioner

(1) This section applies to the person who, immediately before
the commencement of this section, was the information
commissioner.
(2) The person must comply with section 140A(2) within 1
month after the commencement of this section.
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Part 5 Transitional provision for Court

and Civil Legislation
Amendment Act 2017

206B Application of sch 1, s 16

(1) Schedule 1, section 16 applies in relation to a document
created, or received, on or after 15 July 2016.
(2) A document to which schedule 1, section 16 applies is taken
always to have been a document to which this Act does not
apply.

Part 6 Transitional provision for Local

Government Electoral
(Implementing Stage 2 of
Belcarra) and Other Legislation
Amendment Act 2019

206C Exempt information—BCC Establishment and

Coordination Committee information
(1) This section applies to information that was exempt
information under schedule 3, former section 4A before the
commencement.
(2) The information continues to be exempt information under
schedule 3 for 10 years after—
(a) for information considered by the committee—the date
the information was most recently considered by the
committee before the commencement; or
(b) for other information—the date the information was
brought into existence.
(3) This section does not apply to the information if the
information is officially published by decision of the Brisbane
City Council after the commencement.
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(4) In this section—

committee means the Establishment and Coordination
Committee under the City of Brisbane Act 2010 and includes
the Establishment and Coordination Committee, as
constituted from time to time before 1 July 2010, under a local
law of the Brisbane City Council.
former, for a provision, means as in force before the
commencement.

Part 7 Transitional provision for

Biodiscovery and Other
Legislation Amendment Act
2020

206D Continued exclusion for particular biodiscovery

documents
(1) A document of a type mentioned in former schedule 1, section
11 is taken to be a document to which this Act does not apply,
even if the document is created or amended after the
commencement.
(2) In this section—
former schedule 1, section 11 means schedule 1, section 11 of
this Act as in force immediately before the section was
amended by the Biodiscovery and Other Legislation
Amendment Act 2020, part 3.

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Chapter 8 Transitional provisions for members of QR Group

[s 207]

Chapter 8 Transitional provisions for

members of QR Group

207 Definitions for ch 8

In this chapter—
change of ownership means the beginning of the day notified
by the Treasurer by gazette notice for this chapter.
commencement means the commencement of this chapter.
interim period means the period from the commencement to
the change of ownership.
member of QR Group means QR Limited or a related body
corporate of QR Limited.
QR Limited means QR Limited ACN 124 649 967.
related body corporate has the meaning given in the
Corporations Act.
Treasurer means the Minister who administers the Financial
Accountability Act 2009.

208 Application of Act to members of QR Group during

interim period
A member of QR Group is taken to be an agency for the
purposes of this Act during the interim period.

209 Certain provisions continue to apply until change of

ownership despite their repeal
Until the change of ownership—
(a) schedule 2, part 2, items 16, 17 and 18 as they were in
force immediately before the commencement continue
to apply, despite their repeal, to a member of QR Group;
and

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Chapter 8 Transitional provisions for members of QR Group

[s 209]

(b) schedule 2, part 2, item 16 as in force on the

commencement does not apply to a member of QR
Group.

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Schedule 1 Documents to which this Act

does not apply

section 11

1 Security document
Either of the following documents—
(a) a document (an intelligence agency document) that has
originated with, or has been received from, any of the
following entities—
(i) the Australian Secret Intelligence Service;
(ii) the Australian Security Intelligence Organisation;
(iii) the Inspector-General of Intelligence and Security;
(iv) the Office of National Assessments;
(v) the Defence Imagery and Geospatial Organisation;
(vi) the Defence Intelligence Organisation;
(vii) the Defence Signals Directorate;
(b) a document that contains a summary of, or an extract or
information from, an intelligence agency document, to
the extent that it contains such a summary, extract or
information.

2 Documents under Terrorism (Preventative Detention) Act

2005
A document created or received in carrying out activities
under the Terrorism (Preventative Detention) Act 2005.

3 Particular documents under Crime and Corruption Act

2001
Any of the following documents—

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(a) a document under, or a document to the extent it

comprises information about an activity under, the
Crime and Corruption Act 2001, chapter 3, part 6,
division 2 or 3;
Note—
Part 6 deals with surveillance devices.
(b) a document under, or a document to the extent it
comprises information about an activity under, the
Crime and Corruption Act 2001, chapter 3, part 6A;
Note—
Part 6A deals with controlled operations and controlled activities
for misconduct offences.
(c) a document under, or a document to the extent it
comprises information about an activity under, the
Crime and Corruption Act 2001, chapter 3, part 6B,
divisions 2 to 7;
Note—
Part 6B deals with assumed identities.
(d) a covert search warrant under the Crime and Corruption
Act 2001, chapter 3, part 7;
(e) an additional powers warrant under the Crime and
Corruption Act 2001, chapter 3, part 8;
(f) a document mentioned in the Crime and Corruption Act
2001, section 371.

4 Particular documents under Police Powers and

Responsibilities Act 2000
Either of the following documents—
(a) a document under, or a document to the extent it
comprises information about an activity under, any of
the following provisions of the Police Powers and
Responsibilities Act 2000—
• chapter 10
• chapter 11
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• chapter 12, parts 2 to 7

• chapter 13
• chapter 18 if it would enable either of the
following to be revealed—
• the identity of a person in relation to whom a
disease test order within the meaning of the
Police Powers and Responsibilities Act 2000
is made
• the identity of a victim of an offence to
which the Police Powers and
Responsibilities Act 2000, chapter 18
applies;
(b) a document to the extent it comprises information kept
in a register under the Police Powers and
Responsibilities Act 2000, chapter 21, part 2, division 2.
Note—
Chapter 10 deals with controlled activities. Chapter 11 deals
with controlled operations. Chapter 12 deals with assumed
identities. Chapter 13 deals with surveillance device warrants.
Chapter 18 deals with blood and urine testing of persons
suspected of committing sexual or other serious assault offences.
Chapter 21, part 2, division 2 deals with a register of covert acts.

5 Particular documents under Police Service

Administration Act 1990
A document created under the Police Service Administration
Act 1990, part 5A.
Note—
Part 5A deals with alcohol and drug tests for members of the police
service.

6 Documents received or created by integrity

commissioner for Integrity Act 2009, ch 3
A document created, or received, by the Queensland Integrity
Commissioner for the Integrity Act 2009, chapter 3.

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7 Document received or created by Prostitution Licensing

Authority
A document created, or received, by the Prostitution
Licensing Authority for the Prostitution Act 1999.

8 Particular coronial document during investigation

A document of an agency that is a coronial document (other
than a document given to, or accessed by, the agency under
the Coroners Act 2003, section 25, 54 or 54A) while a coroner
is investigating the death to which the document relates.

9 Root cause analysis document

A document created for a root cause analysis of a reportable
event under—
(a) the Ambulance Service Act 1991, part 4A; or
(b) the Hospital and Health Boards Act 2011, part 6.
Notes—
1 For what is a root cause analysis of a reportable event under the
Ambulance Service Act 1991, part 4A, see sections 36A and 36B.
2 For what is a root cause analysis of a reportable event under the
Hospital and Health Boards Act 2011, part 6, see sections 94 and
95.

10 Particular documents under Workers’ Compensation and

Rehabilitation Act 2003
Either of the following documents—
(a) a document created, or received, by the Workers’
Compensation Regulator in carrying out its function of
monitoring the financial performance of self-insurers
within the meaning of the Workers’ Compensation and
Rehabilitation Act 2003;
(b) a document created, or received, by WorkCover
Queensland in carrying out its commercial activities
other than activities about policies, applications for
compensation, or proceedings for damages.
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11 Particular documents under Biodiscovery Act 2004

Any of the following documents under the Biodiscovery Act
2004—
(a) a benefit sharing agreement;
(b) a record kept by a department about a benefit sharing
agreement or proposed benefit sharing agreement;
(c) a subsequent use agreement;
(d) a record kept by a department about a subsequent use
agreement;
(e) a record kept by a department about a collection
authority;
(f) a document identifying a person who gave a sample of
native biological material to a receiving entity under
section 30 of that Act.

12 Particular documents under the Gene Technology

(Queensland) Act 2016
A document to the extent it contains confidential commercial
information under the Gene Technology Act 2000 (Cwlth), as
applied as a law of Queensland by the Gene Technology
(Queensland) Act 2016.

13 Particular documents under Sugar Industry Act 1999

Either of the following documents—
(a) a document in connection with any of the following
matters under the Sugar Industry Act 1999 that was held
by the Sugar Authority on or after 1 July 2004 and
before 1 January 2006—
(i) the giving of a periodic estimate;
(ii) the making or granting of an application for an
exemption;
(iii) the giving of an annual return;

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(b) a document in connection with either of the following

matters under the Sugar Industry Act 1999 that was
given to the Sugar Industry Commissioner on or after 1
January 2006 and before 1 July 2008—
(i) the making or granting of an application for an
exemption;
(ii) the giving of an annual return.

13A Particular documents under Brisbane Olympic and

Paralympic Games Arrangements Act 2021
A document—
(a) that is created, or received, by the Brisbane Organising
Committee for the 2032 Olympic and Paralympic
Games in carrying out its functions under the Brisbane
Olympic and Paralympic Games Arrangements Act
2021; and
(b) to the extent it comprises information not already in the
public domain that was communicated in confidence by
or for the Australian Olympic Committee or the
International Olympic Committee.

14 Particular GOC documents created or received before

commencement
A document to which the repealed Freedom of Information
Act 1992 did not apply under section 11A of that Act.

15 Particular corporatised corporation documents created

or received before commencement
A document to which the repealed Freedom of Information
Act 1992 did not apply under section 11B of that Act.

16 Particular documents relating to judicial appointments

Either of the following documents—

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(a) a document received by or for the Attorney-General, the

justice department or a judicial appointments adviser
that expresses a person’s interest in being considered for
judicial appointment in Queensland;
(b) a document created, or received, by or for the
Attorney-General, the justice department or a judicial
appointments adviser for the purpose of—
(i) consulting on, or nominating, candidates for
judicial appointment in Queensland; or
(ii) otherwise carrying out a function under a judicial
appointments protocol.

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Schedule 2

Schedule 2 Entities to which this Act does

not apply

section 17

Part 1 Entities to which this Act does

not apply

1 the Governor
2 the Assembly, a member of the Assembly, a committee of the
Assembly, a member of a committee of the Assembly, a
parliamentary commission of inquiry or a member of a
parliamentary commission of inquiry
3 the Parliamentary Judges Commission of Inquiry appointed
under the expired Parliamentary (Judges) Commission of
Inquiry Act 1988
4 a commission of inquiry issued by the Governor in Council,
whether before or after the commencement of this schedule
5 the parliamentary service established by the Parliamentary
Service Act 1988
6 a quality assurance committee established under the Hospital
and Health Boards Act 2011, section 82
7 a parents and citizens association under the Education
(General Provisions) Act 2006
8 a grammar school to which the Grammar Schools Act 2016
applies

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Schedule 2

Part 2 Entities to which this Act does

not apply in relation to a
particular function

1 a court, or the holder of a judicial office or other office

connected with a court, in relation to the court’s judicial
functions
2 a registry or other office of a court, or the staff of a registry or
other office of a court in their official capacity, so far as its or
their functions relate to the court’s judicial functions
3 a tribunal in relation to the tribunal’s judicial or quasi-judicial
functions
4 a tribunal member or the holder of an office connected with a
tribunal, in relation to the tribunal’s judicial or quasi-judicial
functions
5 a registry of a tribunal, or the staff of a registry of a tribunal in
their official capacity, so far as its or their functions relate to
the tribunal’s judicial or quasi-judicial functions
6 a quasi-judicial entity in relation to its quasi-judicial functions
7 a member of, or the holder of an office connected with, a
quasi-judicial entity, in relation to the entity’s quasi-judicial
functions
8 the staff of a quasi-judicial entity in their official capacity, so
far as their functions relate to the entity’s quasi-judicial
functions
9 Queensland Treasury Corporation in relation to its borrowing,
liability and asset management related functions
10 the public guardian under the Public Guardian Act 2014 in
relation to an investigation or audit under that Act
11 the Health Rights Commissioner in relation to the conciliation
of health service complaints under the repealed Health Rights
Commission Act 1991, part 6
12 the Health Quality and Complaints Commission in relation to
the conciliation of health service complaints under—
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(a) the repealed Health Rights Commission Act 1991,

part 6; or
(b) the Health Quality and Complaints Commission Act
2006, chapter 6
12A the health ombudsman in relation to the conciliation of a
health service complaint under the Health Ombudsman Act
2013 or the repealed Health Quality and Complaints
Commission Act 2006
13 CS Energy Limited ACN 078 848 745, or a subsidiary of CS
Energy Limited, in relation to its functions, except so far as
they relate to community service obligations
13A CleanCo Queensland Limited ACN 628 008 159, or a
subsidiary of CleanCo Queensland Limited, in relation to its
functions, except so far as they relate to community service
obligations
14 Ergon Energy Queensland Pty Ltd ACN 121 177 802 in
relation to its functions, except so far as they relate to
community service obligations
15 QIC Limited ACN 130 539 123, or a subsidiary of QIC
Limited, in relation to its functions, except so far as they relate
to community service obligations
16 a rail government entity under the Transport Infrastructure
Act 1994 in relation to freight or insurance operations, except
so far as they relate to community service obligations
19 Stanwell Corporation Limited ACN 078 848 674, or a
subsidiary of Stanwell Corporation Limited, in relation to its
functions, except so far as they relate to community service
obligations
21 a declared entity under the Infrastructure Investment (Asset
Restructuring and Disposal) Act 2009, all or part of whose
businesses, assets and liabilities are being disposed of in a
declared project under that Act, in relation to the following
functions—
(a) if all of the entity’s businesses, assets and liabilities are
being disposed of—all of the entity’s functions;
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(b) otherwise—the functions that relate to the businesses,

assets and liabilities being disposed of
22 the Cross River Rail Delivery Authority established under the
Cross River Rail Delivery Authority Act 2016, section 8, in
relation to its functions, except so far as they relate to
community service obligations under that Act

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Schedule 3

Schedule 3 Exempt information

section 48

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

1 Cabinet matter brought into existence before

commencement
Matter is exempt information if the matter is—
(a) brought into existence before the commencement of this
section; and
(b) mentioned in section 36(1) of the repealed Freedom of
Information Act 1992; and
(c) not officially published by decision of Cabinet.

2 Cabinet information brought into existence on or after

commencement
(1) Information is exempt information for 10 years after its
relevant date if—
(a) it has been brought into existence for the consideration
of Cabinet; or
(b) its disclosure would reveal any consideration of Cabinet
or would otherwise prejudice the confidentiality of
Cabinet considerations or operations; or
(c) it has been brought into existence in the course of the
State’s budgetary processes.
(2) Subsection (1) does not apply to—
(a) information brought into existence before the
commencement of this section; or
(b) information officially published by decision of Cabinet.
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(3) Without limiting subsection (1), the following documents are

taken to be documents comprised exclusively of exempt
information under subsection (1)—
(a) Cabinet submissions;
(b) Cabinet briefing notes;
(c) Cabinet agendas;
(d) notes of discussions in Cabinet;
(e) Cabinet minutes;
(f) Cabinet decisions;
(g) a draft of a document mentioned in any of paragraphs
(a) to (f).
(4) A report of factual or statistical information attached to a
document mentioned in subsection (3) is exempt information
under subsection (1) only if—
(a) its disclosure would have an effect mentioned in
subsection (1)(b); or
(b) it was brought into existence for the consideration of
Cabinet or for the State’s budgetary processes.
(5) In this section—
Cabinet includes a Cabinet committee or subcommittee.
consideration includes—
(a) discussion, deliberation, noting (with or without
discussion) or decision; and
(b) consideration for any purpose, including, for example,
for information or to make a decision.
draft includes a preliminary or working draft.
relevant date, for information, means—
(a) for information considered by Cabinet—the date the
information was most recently considered by Cabinet;
or
(b) for other information—the date the information was
brought into existence.
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3 Executive Council information

(1) Information is exempt information if—
(a) it has been submitted to Executive Council; or
(b) it was brought into existence for submission to
Executive Council and is proposed, or has at any time
been proposed, to be submitted to Executive Council by
a Minister; or
(c) it was brought into existence for briefing, or the use of,
the Governor, a Minister or a chief executive in relation
to information—
(i) submitted to Executive Council; or
(ii) that is proposed, or has at any time been proposed,
to be submitted to Executive Council by a
Minister; or
(d) it is, or forms part of, an official record of Executive
Council; or
(e) its disclosure would involve the disclosure of any
consideration of Executive Council or could otherwise
prejudice the confidentiality of Executive Council
considerations or operations; or
(f) it is a draft of matter mentioned in any of paragraphs (a)
to (e); or
(g) it is a copy of or extract from, or part of a copy of or
extract from, information mentioned in any of
paragraphs (a) to (f).
(2) Subsection (1) does not apply to information officially
published by decision of the Governor in Council.
(3) In this section—
chief executive means a chief executive of a unit of the public
sector.
consideration includes—
(a) discussion, deliberation, noting (with or without
discussion) or decision; and

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(b) consideration for any purpose, including, for example,

for information or to make a decision.
draft includes a preliminary or working draft.
official record, of Executive Council, includes an official
record of information submitted to Executive Council.
submit information to Executive Council includes bring the
information to Executive Council, irrespective of the purpose
of submitting the information to Executive Council, the nature
of the information or the way in which Executive Council
deals with the information.

4 Information briefing incoming Minister

Information is exempt information for 10 years after the
appointment of a Minister for a department if the information
is brought into existence by the department to brief an
incoming Minister about the department.

4B Budgetary information for local governments

(1) Information brought into existence in the course of a local
government’s budgetary processes is exempt information for
10 years after the date it was brought into existence.
(2) Subsection (1) does not apply to information officially
published by decision of the local government.

5 Information revealing particular Sovereign

communications
Information is exempt information if its disclosure would
reveal—
(a) any communications between the Sovereign and the
Sovereign’s representative; or
(b) any communications between the Sovereign, or the
Sovereign’s representative, and the Premier.

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6 Information disclosure of which would be contempt of

court or Parliament
Information is exempt information if its public disclosure
would, apart from this Act and any immunity of the Crown—
(a) be in contempt of court; or
(b) be contrary to an order made or direction given by—
(i) a royal commission or commission of inquiry; or
(ii) a person or body having power to take evidence on
oath; or
(c) infringe the privileges of—
(i) Parliament; or
(ii) the Parliament of the Commonwealth or a State, or
a House of such a Parliament; or
(iii) the Legislative Assembly of Norfolk Island.

7 Information subject to legal professional privilege

Information is exempt information if it would be privileged
from production in a legal proceeding on the ground of legal
professional privilege.

8 Information disclosure of which would found action for

breach of confidence
(1) Information is exempt information if its disclosure would
found an action for breach of confidence.
(2) However, deliberative process information is not exempt
information under subsection (1) 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
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(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 National or State security information

(1) Information is exempt information if its disclosure could
reasonably be expected to damage the security of the
Commonwealth or a State.
(2) For subsection (1), the security of the Commonwealth
includes—
(a) matters relating to detecting, preventing or suppressing
activities, whether within or outside Australia, that are
subversive of, or hostile to, the interests of the
Commonwealth or a country allied or associated with
the Commonwealth; and
(b) the security of a communications system or
cryptographic system of the Commonwealth or another
country used for—
(i) the defence of the Commonwealth or a country
allied or associated with the Commonwealth; or
(ii) the conduct of the international relations of the
Commonwealth.
(3) For subsection (1), the security of a State includes matters
relating to detecting, preventing or suppressing activities,
whether within or outside the State, that are subversive of, or
hostile to, the interests of the State.

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10 Law enforcement or public safety information

(1) Information is exempt information if its disclosure could
reasonably be expected to—
(a) prejudice the investigation of a contravention or possible
contravention of the law (including revenue law) in a
particular case; or
(b) enable the existence or identity of a confidential source
of information, in relation to the enforcement or
administration of the law, to be ascertained; or
(c) endanger a person’s life or physical safety; or
(d) result in a person being subjected to a serious act of
harassment or intimidation; or
(e) prejudice a person’s fair trial or the impartial
adjudication of a case; or
(f) prejudice the effectiveness of a lawful method or
procedure for preventing, detecting, investigating or
dealing with a contravention or possible contravention
of the law (including revenue law); or
(g) prejudice the maintenance or enforcement of a lawful
method or procedure for protecting public safety; or
(h) endanger the security of a building, structure or vehicle;
or
(i) prejudice a system or procedure for the protection of
persons, property or the environment; or
(j) facilitate a person’s escape from lawful custody; or
(k) prejudice the wellbeing of a cultural or natural resource
or the habitat of animals or plants.
(2) However, information is not exempt information under
subsection (1) if it consists of—
(a) matter revealing that the scope of a law enforcement
investigation has exceeded the limits imposed by law; or
(b) matter containing a general outline of the structure of a
program adopted by an agency for dealing with a
contravention or possible contravention of the law; or
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(c) a report on the degree of success achieved in a program

adopted by an agency for dealing with a contravention
or possible contravention of the law; or
(d) a report prepared in the course of a routine law
enforcement inspection or investigation by an agency
whose functions include that of enforcing the law (other
than the criminal law or the law relating to corruption
under the Crime and Corruption Act 2001; or
(e) a report on a law enforcement investigation that has
already been disclosed to the entity the subject of the
investigation.
(3) Also, information is exempt information if—
(a) it consists of information given in the course of an
investigation of a contravention or possible
contravention of the law (including revenue law); and
(b) the information was given under compulsion under an
Act that abrogated the privilege against
self-incrimination.
(4) Also, information is exempt information if it consists of
information obtained, used or prepared for an investigation by
a prescribed crime body, or another agency, in the
performance of the prescribed functions of the prescribed
crime body.
(5) Also, information is exempt information if it consists of
information obtained, used or prepared—
(a) for an investigation by a part of the Queensland Police
Service known as the State Intelligence Group; or
(b) for an investigation by a part of the Queensland Police
Service known as the State Security Operations Group;
or
(c) by Crime Stoppers Queensland Limited ACN 010 995
650.
(6) However, information is not exempt information under
subsection (4) or (5) in relation to a particular applicant if—
(a) it consists of information about the applicant; and
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(b) the investigation has been finalised.

(7) A reference in this section to a repealed Act includes a
reference to the repealed Act as originally enacted and as in
force from time to time.
(8) A reference in this section to a contravention or possible
contravention of the law includes a reference to corruption or
possible corruption under the Crime and Corruption Act
2001.
(9) In this section—
corruption functions see the Crime and Corruption Act 2001,
section 33.
crime function see the Crime and Corruption Act 2001,
section 25.
intelligence functions mean the functions mentioned in the
Crime and Corruption Act 2001, section 53.
law includes law of the Commonwealth, a State or a foreign
country.
prescribed crime body means—
(a) the Crime and Corruption Commission; or
(b) the former Criminal Justice Commission; or
(c) the former Queensland Crime Commission.
prescribed functions means—
(a) in relation to the Crime and Corruption
Commission—the crime function, the intelligence
functions and the corruption functions; and
(b) in relation to the former Criminal Justice
Commission—the functions of the former Criminal
Justice Commission under the repealed Criminal Justice
Act 1989 in relation to organised or major crime, or in
relation to misconduct or official misconduct, within the
meaning of that Act; and
(c) in relation to the former Queensland Crime
Commission—the functions of the former Queensland
Crime Commission under the repealed Crime
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Commission Act 1997 in relation to relevant criminal

activity or major crime within the meaning of that Act.

11 Investment incentive scheme information

(1) Information is exempt information for the relevant period if its
disclosure could reasonably be expected to disclose
information about—
(a) a particular incentive given to, or arranged for, a relevant
person under a contract in relation to an investment
incentive scheme; or
(b) an incentive sought by, or proposed for, a relevant
person whether or not an incentive was, in fact, given to,
or arranged for, the relevant person under an investment
incentive scheme.
(2) In this section—
department means the department administered by the
Minister having responsibility for business, industry
development, and investment opportunities and attraction, as
identified in the Administrative Arrangements and within
which that responsibility is administered.
incentive includes any of the following—
(a) an amount that is a refund of all or part of an amount
paid as a tax, fee or charge;
(b) another amount, whether as a lump sum or by
instalments;
(c) a benefit that is not an amount mentioned in
paragraph (a) or (b).
investment incentive scheme means a written scheme that—
(a) promotes projects by giving incentives; and
(b) includes processes for assessing an application under
the scheme; and
(c) is administered by the department.

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project means a project or proposed project that involves

investing or spending money, or the continued investing or
spending of money, and is intended to create job opportunities
or to continue existing jobs.
relevant period—
(a) for an incentive given or arranged under a contract,
means the period ending at the earlier of—
(i) 1 year after the contract ends; or
(ii) 8 years after the contract begins; or
(b) for an incentive that was sought or proposed but that was
not given or arranged, means the period ending 8 years
after the last written communication between the
department and the relevant person in relation to the
incentive.
relevant person means a person to the extent the person is or
was any 1 or more of the following—
(a) a person who inquires of, or enters into discussions
with, the department or a public service employee about
an incentive for a project, whether or not the person
makes an application under an investment incentive
scheme for an incentive;
(b) a person who makes an application under an investment
incentive scheme, whether or not the person is given an
incentive;
(c) a person who is given an incentive for a project, whether
or not the person continues to be subject to a provision
of an agreement about the incentive that allows the
department to monitor the person or project.

12 Information disclosure of which prohibited by Act

(1) Information is exempt information if its disclosure is
prohibited by 1 of the following provisions—
• Aboriginal Cultural Heritage Act 2003, section 29(2)
• Adoption Act 2009, section 314
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• Auditor-General Act 2009, section 53

• Australian Crime Commission (Queensland) Act 2003,
sections 19 and 20, to the extent they apply to a
summons or notice that includes a notation under
section 21 of that Act
• Child Protection Act 1999, sections 186 to 188
• Child Protection (Offender Reporting and Offender
Prohibition Order) Act 2004, sections 51C and 70
• Financial Intermediaries Act 1996, section 239
• G20 (Safety and Security) Act 2013, section 85
• Maintenance Act 1965, section 129
• Meriba Omasker Kaziw Kazipa (Torres Strait Islander
Traditional Child Rearing Practice) Act 2020, section
102
• Mineral and Energy Resources (Financial Provisioning)
Act 2018, section 80(2) or 82(2)
• Public Health Act 2005, chapter 8, part 7A, division 6
and chapter 12, part 8, division 1A
• Public Interest Disclosure Act 2010, section 65(1)
• Taxation Administration Act 2001, part 8, so far as it
applies to personal confidential information under that
Act
• Torres Strait Islander Cultural Heritage Act 2003,
section 29(2)
• Witness Protection Act 2000, sections 36 and 38
• Youth Justice Act 1992, section 288.
(1A) Information is exempt information if its disclosure was
prohibited by the repealed Transport (Rail Safety) Act 2010,
part 9, division 2, as in force at any time before its repeal.
(2) Information is not exempt information under subsection (1) or
(1A) in relation to an access application if it is only personal
information of the applicant.

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(3) Subject to subsection (2), information is exempt information

if it is contained in a document mentioned in section 112(1) of
the repealed Freedom of Information Act 1992.

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Schedule 4 Factors for deciding the public

interest

section 49

Note—
Access to a document may be refused to the extent the document
comprises information the disclosure of which would, on balance, be
contrary to the public interest under section 49—see section 47(3)(b).

Part 1 Factors irrelevant to deciding

the public interest

1 Disclosure of the information could reasonably be expected to

cause embarrassment to the Government or to cause a loss of
confidence in the Government.
2 Disclosure of the information could reasonably be expected to
result in the applicant misinterpreting or misunderstanding the
document.
3 Disclosure of the information could reasonably be expected to
result in mischievous conduct by the applicant.
4 The person who created the document containing the
information was or is of high seniority within the agency.

Part 2 Factors favouring disclosure in

the public interest

1 Disclosure of the information could reasonably be expected to

promote open discussion of public affairs and enhance the
Government’s accountability.

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2 Disclosure of the information could reasonably be expected to

contribute to positive and informed debate on important issues
or matters of serious interest.
3 Disclosure of the information could reasonably be expected to
inform the community of the Government’s operations,
including, in particular, the policies, guidelines and codes of
conduct followed by the Government in its dealings with
members of the community.
4 Disclosure of the information could reasonably be expected to
ensure effective oversight of expenditure of public funds.
5 Disclosure of the information could reasonably be expected to
allow or assist inquiry into possible deficiencies in the
conduct or administration of an agency or official.
6 Disclosure of the information could reasonably be expected to
reveal or substantiate that an agency or official has engaged in
misconduct or negligent, improper or unlawful conduct.
7 The information is the applicant’s personal information.
8 The information is the personal information of a child within
the meaning of section 25, the agent acting for the applicant is
the child’s parent within the meaning of section 25 and
disclosure of the information is reasonably considered to be in
the child’s best interests.
9 The information relates to a person who has died and both of
the following apply—
(a) the information would, if the person were alive, be
personal information of the person;
(b) the applicant is an eligible family member of the person.
10 Disclosure of the information could reasonably be expected to
advance the fair treatment of individuals and other entities in
accordance with the law in their dealings with agencies.
11 Disclosure of the information could reasonably be expected to
reveal the reason for a government decision and any
background or contextual information that informed the
decision.

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12 Disclosure of the information could reasonably be expected to

reveal that the information was—
(a) incorrect; or
(b) out of date; or
(c) misleading; or
(d) gratuitous; or
(e) unfairly subjective; or
(f) irrelevant.
13 Disclosure of the information could reasonably be expected to
contribute to the protection of the environment.
14 Disclosure of the information could reasonably be expected to
reveal environmental or health risks or measures relating to
public health and safety.
15 Disclosure of the information could reasonably be expected to
contribute to the maintenance of peace and order.
16 Disclosure of the information could reasonably be expected to
contribute to the administration of justice generally, including
procedural fairness.
17 Disclosure of the information could reasonably be expected to
contribute to the administration of justice for a person.
18 Disclosure of the information could reasonably be expected to
contribute to the enforcement of the criminal law.
19 Disclosure of the information could reasonably be expected to
contribute to innovation and the facilitation of research.

Part 3 Factors favouring

nondisclosure in the public
interest

1 Disclosure of the information could reasonably be expected to

prejudice the collective responsibility of Cabinet or the
individual responsibility of members to Parliament.
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2 Disclosure of the information could reasonably be expected to

prejudice the private, business, professional, commercial or
financial affairs of entities.
3 Disclosure of the information could reasonably be expected to
prejudice the protection of an individual’s right to privacy.
4 The information is the personal information of a child within
the meaning of section 25, the applicant is the child’s parent
within the meaning of section 25 and disclosure of the
information is reasonably considered not to be in the child’s
best interests.
5 The information relates to a person who has died and all of the
following apply—
(a) the information would, if the person were alive, be
personal information of the person;
(b) the applicant is an eligible family member of the person;
(c) the disclosure of the information could reasonably be
expected, if the person were alive, to impact on the
person’s privacy.
6 Disclosure of the information could reasonably be expected to
prejudice the fair treatment of individuals and the information
is about unsubstantiated allegations of misconduct or
unlawful, negligent or improper conduct.
7 Disclosure of the information could reasonably be expected to
prejudice security, law enforcement or public safety.
8 Disclosure of the information could reasonably be expected to
impede the administration of justice generally, including
procedural fairness.
9 Disclosure of the information could reasonably be expected to
impede the administration of justice for a person.
10 Disclosure of the information could reasonably be expected to
prejudice the security or good order of a corrective services
facility.
11 Disclosure of the information could reasonably be expected to
impede the protection of the environment.
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12 Disclosure of the information could reasonably be expected to

prejudice the economy of the State.
13 Disclosure of the information could reasonably be expected to
prejudice the flow of information to the police or another law
enforcement or regulatory agency.
14 Disclosure of the information could reasonably be expected to
prejudice intergovernmental relations.
15 Disclosure of the information could reasonably be expected to
prejudice trade secrets, business affairs or research of an
agency or person.
16 Disclosure of the information could reasonably be expected to
prejudice an agency’s ability to obtain confidential
information.
17 Disclosure of the information could reasonably be expected to
prejudice the competitive commercial activities of an agency.
18 Disclosure of the information could reasonably be expected to
prejudice the conduct of investigations, audits or reviews by
the ombudsman or auditor-general.
19 Disclosure of the information could reasonably be expected to
prejudice the management function of an agency or the
conduct of industrial relations by an agency.
20 Disclosure of the information could reasonably be expected to
prejudice a deliberative process of government.
21 Disclosure of the information could reasonably be expected to
prejudice the effectiveness of testing or auditing procedures.
22 Disclosure of the information is prohibited by an Act.

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Part 4 Factors favouring

nondisclosure in the public
interest because of public
interest harm in disclosure

1 Affecting relations with other governments

(1) Disclosure of the information could reasonably be expected to
cause a public interest harm if disclosure could—
(a) cause damage to relations between the State and another
government; or
(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—

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(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.
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(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—

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(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

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(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—
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(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.
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(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.

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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.
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.
appeal tribunal, for chapter 3, part 11, 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.

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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 see section 45.
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 application to an agency—the person with
power in relation to all or part of the application under
section 30; or
(b) for an access application to a Minister—the Minister or
the person with power in relation to all or part of the
application under section 31.

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deemed decision see section 46.

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 person or Torres Strait
Islander—the next nearest adult relative of the
deceased person who is reasonably available; or
(f) if a spouse, adult child, parent or adult sibling is
not reasonably available and the deceased person
was an Aboriginal person or Torres Strait
Islander—a person who is an appropriate person
according to the tradition or custom of the
Aboriginal or Torres Strait Islander community to
which the deceased person belonged and who is
reasonably available.
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
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(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.
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.
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
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(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 means the Information Privacy Act
2009.
interim period, for chapter 8, see section 207.
internal review see section 79.
internal review application see section 79.
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 member, for chapter 3, part 11, 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, 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.
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

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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.
Note—
Under the Information Privacy Act, personal information is
information or an opinion, including information or an opinion forming
part of a database, whether true or not, and whether recorded in a
material form or not, about an individual whose identity is apparent, or
can reasonably be ascertained, from the information or opinion.
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
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(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

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(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.
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 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.
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Schedule 5

reviewable decision means any of the following decisions in

relation to an access application—
(a) a decision that an access application is outside the scope
of this Act under section 32(1)(b);
(b) a decision that an access 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 an 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 about whether a processing charge or access
charge is payable in relation to access to a document
(including a decision not to waive charges);
(h) a decision giving access to documents subject to the
deletion of information under section 73;
(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 deemed decision.
review under this Act means internal review or external
review.
revision period see section 18.
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RTI commissioner see section 147(1).

schedule of relevant documents see section 36.
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 see section 18.
Treasurer, for chapter 8, see section 207.

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