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:
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.
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in response to an amendment application if it is not satisfied that the personal information is inaccurate, incomplete, out-of-date or misleading.
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.
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.