Freedom of Information
Freedom of Information Act 1992
Reprinted as in force on 1 July 2009
The reprints used for the Office of the Information Commissioner’s annotated version of the Freedom of Information Act 1992 (Qld), RTI Act and IP Act (annotated legislation) are sourced from, and used with the permission of, the Office of The Queensland Parliamentary Counsel. The annotated legislation is updated from time to time to incorporate significant amendments. The current reprint of the FOI Act is available from the Office of the Queensland Parliamentary Counsel.
An Act to require information concerning documents held by government to be made available to members of the community, to enable members of the community to obtain access to documents held by government and to enable members of the community to ensure that documents held by the government concerning their personal affairs are accurate, complete, up-to-date and not misleading, and for related purposes.
Sections of the act annotations
Annotations highlighted.
- Part 1 Preliminary (1-17)
- Division 1 Introductory (1-3)
- Division 2 Object of Act and matters relevant to its administration and interpretation (4-6)
- Division 3 Interpretation (7-9A)
- Division 4 Operation and application of Act (10-13)
- 10 Act applies to document whenever it came into existence
- 11 Act not to apply to certain bodies etc.
- 11A Application of Act to GOC's
- 11B Application of Act to corporatised corporations
- 11C Application of Act to coronial documents
- 11CA Application of Act to particular documents under the Ambulance Service Act 1991
- 11D Application of Act to other Acts
- 11E Application of Act to offenders or agents
- 12 Application of Act to Information Commissioner
- 13 Act binds Crown
- Division 5 Relationship with other laws (14-17)
- Part 2 Publication of certain documents and information (18-20)
- Part 3 Access to documents (21-52A)
- Division 1 Access (21-35)
- 21 Right of access
- 22 Documents to which access may be refused
- 23 Non-official documents in Queensland State Archives etc.
- 24 Official documents in Queensland State Archives
- 25 How applications for access are made
- 25A Initial duties of agency or Minister in relation to application
- 26 Transfer of applications
- 27 How applications are dealt with
- 27A Calculation of appropriate period for s 27 Section 27(3) and (4)
- 27B Extended processing period
- 28 Refusal of access-matter of document exempt
- 28A Refusal of access-document nonexistent or unlocatable
- 29 Refusal to deal with application - agency's or Minister's functions
- 29A What an agency or Minister must do before refusing to deal with application under section 29
- 29B Refusal to deal with application-previous application for same documents
- 30 Forms of access
- 31 Access may be deferred in certain cases
- 31A Time limit for access
- 32 Deletion of exempt matter
- 33 Persons who are to make decisions for agencies and Ministers
- 34 Notification of decisions and reasons
- 35 Information as to existence of certain documents
- Division 1A Fees and charges (35A-35E)
- Division 2 Exempt matter (36-50)
- 36 Cabinet matter
- 37 Executive Council matter
- 38 Matter affecting relations with other governments
- 39 Matter relating to investigation by ombudsman, reviews by Service Delivery and Performance Commission or audits by auditor-general etc.
- 40 Matter concerning certain operations of agencies
- 41 Matter relating to deliberative processes
- 42 Matter relating to law enforcement or public safety
- 42AA Matter created for ensuring security or good order of corrective services facility
- 42A Matter relating to national or State security
- 43 Matter affecting legal proceedings
- 44 Matter affecting personal affairs
- 45 Matter relating to trade secrets, business affairs and research
- 46 Matter communicated in confidence
- 47 Matter affecting the economy of State
- 47A Matter relating to investment incentive scheme
- 48 Matter to which secrecy provisions of enactments apply
- 49 Matter affecting financial or property interests
- 50 Matter disclosure of which would be contempt of Parliament or contempt of court
- Division 2A Children (50A)
- Division 3 Consultation (51)
- Division 4 Internal review (52-52A)
- Division 1 Access (21-35)
- Part 4 Amendment of information (53-60)
- Division 1 Application for amendment of information (53-59)
- 53 Person may apply for amendment of information
- 54 Form of application for amendment of information
- 54A Transfer of applications
- 54B Refusal to deal with application-agency’s or Minister’s functions
- 54C What an agency or Minister must do before refusing to deal with application under s 54B
- 54D Refusal to deal with application-previous application for same amendment
- 54E Discretion to amend information
- 55 Amendment of information by alteration or notation
- 56 Notation to information
- 57 Time within which agency or Minister must notify applicant
- 57A Extended processing period
- 58 Decision to be made by authorised person and reasons given
- 59 Particular notations required to be added
- Division 2 Internal review (60)
- Division 1 Application for amendment of information (53-59)
- Part 5 External review of decisions (72-101)
- Division 1 Conduct of review (72-89A)
- 72 Procedure of review
- 73 Applications for review
- 73A Agency or Minister to be informed of application for review of deemed decision
- 74 Agency or Minister to be informed before review of decision
- 75 Preliminary inquiries
- 76 Inspection by commissioner of documents from agency or Minister
- 77 Commissioner may decide not to review
- 78 Participants in review
- 79 Applications where decisions delayed
- 80 Mediation
- 81 Onus
- 82 Requirement to provide better reasons
- 83 Conduct of reviews
- 84 Review of Minister’s certificates
- 85 Power to obtain information and documents and compel attendance
- 86 Power to examine witnesses
- 86A False or misleading information
- 87 Commissioner to ensure non-disclosure of particular matter
- 87A Exception for successful challenge of s 35 notice
- 88 Powers of commissioner on review
- 89 Decisions of commissioner
- 89A Correction of mistakes in decisions
- Division 2 Miscellaneous (90-101)
- 90 Delegation
- 91 Protection of commissioner etc. from personal liability
- 92 Restrictions under other laws not applicable
- 93 Secrecy
- 94 Failure to produce documents or attend proceedings
- 95 Cost of review
- 96 Disciplinary action
- 96A Vexatious applicants
- 96B Declaration may be varied or revoked
- 97 Reference of questions of law to Supreme Court
- 98 Cost in proceedings
- 99 Commissioner may appear in proceedings
- 99A Third party proceedings
- 100 Intervention by Attorney-General
- 101 Reports of commissioner
- Division 1 Conduct of review (72-89A)
- Part 5A Office of the Information Commissioner (101A-101W)
- Division 1 General (101A-101F)
- Division 2 Information Commissioner (101G-101P)
- 101G Appointment
- 101H Procedure before appointment
- 101I Term of appointment
- 101J Remuneration and conditions
- 101K Leave of absence
- 101L Preservation of rights if public service officer appointed
- 101M Oath before performing duties
- 101N Restriction on outside employment
- 101O Resignation
- 101P Acting commissioner
- Division 3 Commissioner may be removed or suspended from office (101Q-101U)
- Division 4 Staff of the office (101V-101W)
- Part 6 Miscellaneous (102-109)
- 102 Protection against actions for defamation or breach of confidence
- 103 Protection in respect of offenses
- 104 Protection of agency etc. from personal liability
- 105 Precautions
- 106 Offence of unlawful access
- 107 Application of Ombudsman Act
- 108 Report to Legislative Assembly by agencies and Ministers
- 108A Strategic review of commissioner
- 108AA Conduct of strategic review
- 108AB Report of strategic review
- 108C Functions of parliamentary committee
- 109 Regulation-making power
- Part 7 Transitional provisions (111-125)
- Division 2 Provision for Terrorism (Community Safety) Amendment Act 2004 (111)
- Division 3 Provision for Transport Infrastructure Amendment Act 2004 (112)
- Division 4 Provisions for Freedom of Information and Other Legislation Amendment Act 2005 (113-122)
- 113 Definition for div 4
- 114 Application of amendments to existing applications
- 115 Application of particular amendments to reviews etc.
- 116 Charges for existing applications for access
- 117 Continuation of appointment as commissioner
- 118 Continuation of current staff member’s employment under Public Service Act 1996
- 119 Report to Legislative Assembly
- 120 Reports of commissioner
- 121 Amendment of regulation by Freedom of Information and Other Legislation Amendment Act 2005 does not affect powers of Governor in Council
- 122 Re-enactment of regulation-making power does not affect validity of Freedom of Information Regulation 1992
- Division 5 Provision for State Development and Public Works Organisation and Other Legislation Amendment Act 2005 (123)
- Division 6 Provisions for Judicial Remuneration Act 2007, part 5, division 4 (124-125)
- Schedule 1 Secrecy provisions giving exemption
- Schedule 2 Application of Act to GOCs
- Schedule 3 Application of Act to other Acts
- Schedule 4 Process for assessment of charges
