Remember: one access application = one decision

June 1, 2014 - 12:04pm

As a decision maker, you are only able to make one decision about access in relation to an application. This decision must deal with all of the documents relevant to the access application. The Right to Information Act 2009 (Qld) and the Information Privacy Act 2009 (Qld) do not allow you to split the application into parts and make separate decisions because:

  • there are delays in obtaining some of the documents relevant to the application
  • there are too many documents to deal with in one decision; or
  • the applicant is seeking access to some documents urgently but is happy to grant an extension in relation to other documents. 

If you do make multiple decisions about one application, only the first decision will have any legal effect.

Special consideration for Hospital and Health Services

A Hospital and Health Service (HHS) may be made up a number of individual hospitals, each one with an independent decision maker. It is important to remember that the HHS is the agency, not each hospital, so when an HHS receives a single application that captures documents in multiple hospitals only one decision can be made for all the documents.

Each HHS may have a different way of dealing with this situation — for example, they may nominate one hospital to deal with the application and send all the documents there — but whatever approach is adopted the end result must be one single decision made by one decision maker as delegate of the CEO of the HHS.