News

What is a ‘document’ for the purposes of the RTI and IP Acts?

February 1, 2014 - 11:29am

The External Review Team has developed some tips when considering the definition of a ‘document’ under the Right to Information Act 2009 (Qld) (RTI Act) and the Information Privacy Act 2009 (Qld) (IP Act).

This is an important question as only documents, as specifically defined in the legislation, are subject to the formal access and amendment application processes. While the full definitions are set out in the RTI Act, here is a quick reminder:

Read more...

Can internal review timeframes be extended?

February 1, 2014 - 11:09am

Both the Right to Information Act 2009 (Qld) (RTI Act) and Information Privacy Act 2009 (Qld) (IP Act) allow a person to apply to have the decision on their access application reviewed by the agency that dealt with the application. This is known as internal review.

Read more...

Refusing to amend personal information under the IP Act

February 1, 2014 - 10:52am

Under the Information Privacy Act 2009 (Qld) (IP Act), an agency may decide to refuse to amend personal information in response to an amendment application if it is not satisfied that the personal information is inaccurate, incomplete, out-of-date or misleading.

Read more...

Deferral of access and written notices

February 1, 2014 - 10:41am

If a decision-maker decides to give access to a document contrary to the views of a relevant third party, section 37(3)(c) of the Right to Information Act 2009 (Qld) (RTI Act) and section 56(3)(c) of the Information Privacy Act 2009 (Qld) (IP Act) requires the agency or Minister to give both the access applicant and the consulted third party a prescribed written notice of that decision.

Read more...

How privacy principles affect contracted service providers

February 1, 2014 - 10:37am

It is not uncommon for agencies to enter into an agreement with an external service provider to perform a service that falls within the agency’s functions. The service may be provided directly to the agency, such as ICT operations or internal audit, or may be provided to a third party on behalf of the agency, such as the provision of a community health service.

Read more...