Relevance to the RTI Act

Importantly, the RTI Act deals with ‘personal information’ (defined in section 12 of the Information Privacy Act 2009 (Qld)), rather than the ‘personal affairs of a person’. Accordingly, decisions under section 44(1) of the FOI Act have limited application to the RTI Act.

Schedule 4, part 4 of the RTI Act lists factors favouring nondisclosure in the public interest because of public interest harm in disclosure. Relevantly, section 44 of the FOI Act is replicated by schedule 4, part 4, item 6 of the RTI Act as a public interest factor favouring nondisclosure because of public interest harm in disclosure, rather than a ground for exemption.