Under the Right to Information Act 2009 (Qld) (RTI Act) and the Information Privacy Act 2009 (Qld) (IP Act) the Information Commissioner provides a decision-making function in matters relating to the RTI Act and the IP Act.
The decision-making functions of the Information Commissioner, include:
- deciding if an application for external review warrants an extension of time
- deciding if an out-of-time external review application will be accepted
- deciding if an application from a non-profit organisation warrants financial hardship status
- making, varying or revoking a declaration that an applicant is vexatious
- investigating and reviewing access to information decisions made by Queensland Government agencies
- investigating and reviewing whether a Queensland Government agency has taken reasonable steps to identify and locate documents applied for by an applicant
- waiving, or modifying, privacy obligations due to the public interest clause
- issuing a Queensland Government agency with a compliance notice
- dealing with a privacy complaint made against a Queensland Government agency.
In addition to these obligations, the Information Commissioner may refer a question of legal practice to the Queensland Civil and Administrative Tribunal.
External review decisions made by the Information Commissioner may be appealed on a point of law to the Queensland Civil and Administrative Tribunal. If you would like further information regarding appeals visit QCATs website.
An application for a statutory order of review of decisions made by the Information Commissioner may also be made to the Supreme Court of Queensland under the Judicial Review Act 1991 (Qld).
If you have any questions regarding the process of Office of the Information Commissioner for making an external review decision, or decisions previously published by the Information Commissioner, contact us.