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Application of Section 50A FOI Act

Relevant considerations

1. Is the application made by or on behalf of a child under section 25 of the FOI Act?

For section 50A to apply, the application on behalf of a child must be made under section 25 of the FOI Act and state:

  • that it is made on behalf of a child by a parent or a person having guardianship of the child; and
  • the name of the child and the name of the parent or other person.

Section 50A(5) defines ‘child’, ‘guardianship’ and ‘parent’ for the purposes of this section.

In determining whether to disclose relevant matter, where an application is made by a child under section 25 of the FOI Act, an agency or Minister must consider whether the child has capacity to:

  • understand the information and the context in which it was recorded; and
  • make a mature judgment as to what might be in his or her best interests.

2. Does the relevant matter contain information affecting the personal affairs of the child?

The Information Commissioner has considered that ‘personal affairs’ for the purposes of the FOI Act means the affairs of or relating to the private aspects of a person's life.1 See ‘Section 44 FOI Act’ Annotation.

Whether matter comprises information concerning a child’s personal affairs is a question of fact, to be determined according to the proper characterisation of the information.2 The personal affairs of a child are separate from the personal affairs of their parent or guardian.3 Further, an applicant’s familial relationship to another person does not confer any entitlement to access the information concerning the personal fairs of that other person under the FOI Act.4 [54]

If the relevant documents relate to the personal affairs of the child, the agency or Minister must consider the following issues.

a) Does the document contain matter that would be exempt if the application were made by a person other than the child or their agent?

If the relevant documents relate to the personal affairs of the child and contain matter that would be exempt if the application were made by a person other than the child or their agent, the agency of Minister must:

  • be satisfied of the identity of the child and the parent or other person before granting access to the information; and
  • ensure that any information intended for the child is received only by the parent or other person.

b) Would disclosure of the relevant matter be in the child’s best interests?

If the relevant documents relate to the personal affairs of the child and the agency considers access would not be in the best interests of the child, the agency or Minister may refuse access to all or part of the information under section 50A(3) of the FOI Act.

In deciding whether to give the child access to all or part of the information, the agency or Minister must consider whether the child has the capacity to understand the information and the context in which it was recorded and make a mature judgment as to their own best interests.

1Stewart and Department of Transport (1993) 1 QAR 227 at paragraphs 54-55. [up]
2FGP and Department of Education, Training and the Arts; and LYU (Third party) (Unreported, Queensland Information Commissioner, 24 December 2007) at paragraph 52. [up]
3FGP and Department of Education, Training and the Arts; and LYU (Third party) (Unreported, Queensland Information Commissioner, 24 December 2007) at paragraph 52, adopting the reasoning in KT and Brisbane North Regional Health Authority (1998) 4 QAR 287 at paragraph 31. [up]
4FGP and Department of Education, Training and the Arts; and LYU (Third party) (Unreported, Queensland Information Commissioner, 24 December 2007) at paragraph 54. [up]

Last updated: March 5, 2012