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Right to Information Act 2009

Act No. 13 of 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 informati

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S.Chapter 1 Preliminary
S.17 Meaning of entity to which this Act does not apply
S.18 Meaning of processing period, revision period and transfer period
S.18A Effect of publication by Cabinet on public interest immunity
S.Chapter 2 Disclosure other than by application under this Act
S.19 Other ways of accessing information
S.20 Requirement for policy documents to be publicly available
S.21 Requirement for publication scheme
S.22 Disclosure under publication scheme
S.22A Civil liability of Minister for disclosing information
S.Chapter 3 Disclosure by application under this Act
S.23 Right to be given access to particular documents
S.24 Making access application
S.25 Making access applications for children
S.26 Access application may not be made to commissioner
S.27 Application for documents then existing
S.28 Application for metadata
S.29 Application not for backup system documents
S.30 Decision-maker for application to agency
S.31 Decision-maker for application to Minister
S.32 Application outside scope of Act
S.33 Noncompliance with application requirement
S.34 Application for personal information
S.35 Longer processing period
S.36 Schedule of relevant documents and charges estimate notice
S.37 Disclosure of concern to third party
S.38 Transfer of application
S.39 Pro-disclosure bias in deciding to deal with applications
S.40 Exempt information
S.41 Effect on agency’s or Minister’s functions
S.42 Prerequisites before refusal because of effect on functions
S.43 Previous application for same documents
S.44 Pro-disclosure bias in deciding access to documents
S.45 Considered decision on access application
S.46 Deemed decision on access application
S.47 Grounds on which access may be refused
S.48 Exempt information
S.49 Contrary to public interest
S.50 Contrary to child’s best interests
S.51 Contrary to applicant’s best interests—healthcare information
S.52 Document nonexistent or unlocatable
S.53 Other access available
S.54 Notification of decision and reasons
S.55 Information as to existence of particular documents
S.56 Meaning of processing charge
S.57 Meaning of access charge
S.58 Duty in relation to processing charge and access charge
S.59 No processing charge for personal information
S.60 Requirement to pay charges
S.61 Amount of charges
S.62 Refund of excess payment
S.63 Waiver under div 3 only
S.64 Uneconomical to charge
S.65 Agency or Minister has delayed
S.66 Applicant under financial hardship
S.67 Financial hardship status for non-profit organisation
S.68 Forms of access
S.69 Time limit for access
S.70 Precautions
S.71 Precautions for children
S.72 Deferral of access
S.73 Deletion of irrelevant information
S.74 Deletion of exempt information
S.75 Deletion of contrary to public interest information
S.75A Deletion of contrary to child’s best interests information
S.75B Deletion of contrary to applicant’s best interests information—relevant healthcare information
S.76 Giving summary of personal information to applicant or intermediary
S.77 Giving relevant healthcare information to applicant’s nominated healthcare professional
S.78 Disclosure logs—departments and Ministers
S.78A Disclosure logs—other agencies
S.78B Requirements about disclosure logs
S.79 Definitions for pt 8
S.80 Internal review
S.81 Decisions that may not be reviewed
S.82 Applying for internal review
S.83 When internal review application to be decided
S.84 Definitions for pt 9
S.85 External review
S.86 Decisions that may not be reviewed
S.87 Onus
S.88 Applying for external review
S.89 Participants in external review
S.90 Early resolution encouraged
S.91 Agency or Minister to be informed of application for external review of deemed decision
S.92 Agency or Minister to be informed before external review of decision
S.93 Applications where decision delayed
S.94 Information commissioner may decide not to review
S.95 Procedure on external review
S.96 Requirement to assist during review
S.97 Conduct of reviews
S.98 Preliminary inquiries
S.99 Better reasons
S.100 Access to documents
S.101 Access in particular form
S.102 Requiring a search
S.103 Requiring information, documents and attendance
S.104 Examining witnesses
S.105 Additional powers
S.106 Restrictions under other laws not applicable
S.107 Information commissioner to ensure proper disclosure and return of documents
S.108 Information commissioner to ensure nondisclosure of particular information
S.109 Exception for successful challenge of s 55(2) notice
S.110 Decision on external review
S.111 Correction of mistakes in decisions
S.112 Costs of external review
S.113 Disciplinary action
S.114 Vexatious applicants
S.115 Declaration may be varied or revoked
S.116 Definitions for pt 11
S.118 Reference of questions of law to Queensland Civil and Administrative Tribunal
S.119 Appeal to Queensland Civil and Administrative Tribunal on question of law
S.120 Application to Queensland Civil and Administrative Tribunal for review of decision about financial hardship status
S.121 Application to Queensland Civil and Administrative Tribunal for review of vexatious applicant declaration
S.122 Rules and procedures of Queensland Civil and Administrative Tribunal
S.Chapter 4 Office of the Information Commissioner
S.123 Information Commissioner and office of the information commissioner
S.124 Office of the information commissioner is a statutory body
S.125 General power
S.126 Information commissioner not subject to direction
S.127 Control of the office of the information commissioner
S.128 Support functions
S.129 Decision-making functions
S.130 External review functions
S.131 Performance monitoring functions
S.132 Power to issue guidelines
S.133 Budget and performance
S.134 Appointment
S.135 Procedure before appointment
S.136 Term of appointment
S.137 Remuneration and conditions
S.138 Leave of absence
S.139 Preservation of rights if public service officer appointed
S.140 Oath before performing duties
S.140A Declaration of interests
S.140B Conflicts of interest
S.141 Restriction on outside employment
S.142 Resignation
S.143 Acting information commissioner
S.144 Staff employed under Public Sector Act 2022
S.145 Delegation
S.146 Staff subject only to direction of information commissioner
S.147 Right to Information Commissioner
S.148 Role and function of RTI commissioner
S.149 RTI commissioner subject to direction of information commissioner
S.150 Appointment
S.151 Procedure before appointment
S.152 Term of appointment
S.153 Remuneration and conditions
S.154 Leave of absence
S.155 Preservation of rights if public service officer appointed
S.156 Restriction on outside employment
S.157 Resignation
S.158 Acting RTI commissioner
S.159 Definition for pt 5
S.160 Grounds for removal or suspension
S.161 Removal on address
S.162 Suspension on address
S.163 Suspension if Assembly not sitting
S.164 Acts Interpretation Act 1954
S.165 Third party proceedings
S.166 Costs in proceedings
S.167 Information commissioner or RTI commissioner may appear in proceedings
S.168 Intervention by Attorney-General
S.Chapter 5 Protections and offences
S.169 Meaning of access was required or permitted to be given under this Act
S.170 Accessprotection against actions for defamation or breach of confidence
S.171 Publicationprotection against actions for defamation or breach of confidence
S.172 Accessprotection in respect of offences
S.173 Publicationprotection in respect of offences
S.174 Protection of agency, information commissioner etc. from personal liability
S.175 Direction to act in particular way
S.176 Unlawful access
S.177 False or misleading information
S.178 Failure to produce documents or attend proceedings
S.179 Disclosure or taking advantage of information
S.Chapter 6 Miscellaneous provisions
S.180 Operation of Public Records Act 2002
S.181 Non-official documents in Queensland State Archives etc.
S.182 Official documents in Queensland State Archives
S.183 Review of Act
S.184 Reports of information commissioner
S.185 Report to Assembly on Act’s operation
S.186 Strategic review of office
S.187 Conduct of strategic review
S.188 Report of strategic review
S.189 Functions of parliamentary committee
S.190 Power of person acting for another person
S.191 Contents of prescribed written notice
S.192 Approval of forms
S.193 Regulation-making power
S.Chapter 7 Repeal and transitional provisions
S.194 Repeal
S.195 Outdated references
S.196 Continuation of appointment as information commissioner
S.197 Continuation of appointment as acting information commissioner
S.198 Pre-enactment recruitment process
S.199 Applications under Freedom of Information Act 1992
S.200 Time limit for access under Freedom of Information Act 1992 continues to apply
S.201 Statements of affairs
S.202 Refusal to deal with application—previous application for same documents
S.203 Delayed appeals and applications to QCAT
S.204 Definition for pt 3
S.205 Retrospective validation for particular delegations and directions
S.206 Decision under s 55(2) is a reviewable decision
S.206A Declaration of interests by information commissioner
S.206B Application of sch 1, s 16
S.206C Exempt information—BCC Establishment and Coordination Committee information
S.206D Continued exclusion for particular biodiscovery documents
S.206E Definitions for part
S.206F Existing appointments unaffected
S.206G Existing strategic review
S.206S Documents received or created by Prostitution Licensing Authority for repealed Prostitution Act 1999
S.Chapter 8 Transitional provisions for members of QR Group
S.207 Definitions for ch 8
S.208 Application of Act to members of QR Group during interim period
S.209 Certain provisions continue to apply until change of ownership despite their repeal
S.13 Particular documents under Sugar Industry Act 1999
S.13A Particular documents under Brisbane Olympic and Paralympic Games Arrangements Act 2021
S.14 Particular GOC documents created or received before commencement
S.15 Particular corporatised corporation documents created or received before commencement
S.16 Particular documents relating to judicial appointments
S.1 Cabinet matter brought into existence before commencement
S.2 Cabinet information brought into existence on or after commencement
S.Schedule 3 Exempt information
S.3 Executive Council information
S.4 Information briefing incoming Minister
S.4B Budgetary information for local governments
S.5 Information revealing particular Sovereign communications
S.6 Information disclosure of which would be contempt of court or Parliament
S.7 Information subject to legal professional privilege
S.8 Information disclosure of which would found action for breach of confidence
S.9 National or State security information
S.10 Law enforcement or public safety information
S.11 Investment incentive scheme information
S.12 Information disclosure of which prohibited by Act
S.Schedule 4 Factors for deciding the public interest
S.Schedule 5 Dictionary

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