Overview of Section 30(3)(c) FOI Act

Section summary

If providing access in the form requested by an applicant would infringe the copyright of a person other than the State, an agency or Minister may refuse access in that form and grant access in another form.

Background

The application of section 30(3)(c) of the FOI Act was affected by the insertion of section 101C(1)(f) into the FOI Act by the Freedom of Information and Other Legislation Amendment Act 2005 (Qld). The explanatory notes¹ to the bill explain that the Information Commissioner does not have jurisdiction where access in the form applied for would involve an infringement of the copyright of a person other than the State.

Other relevant FOI Act sections

Section 101C(1)(f) FOI Act
This provision provides the Information Commissioner with jurisdiction to review a decision of an agency or Minister granting access to documents in a form different to that applied for by the applicant. However, this provision also operates to remove such jurisdiction where access in the form applied for would involve an infringement of the copyright of a person other than the State.

¹ Explanatory notes to the Freedom of Information and Other Legislation Amendment Bill 2005 (Qld).