Schedule 5 Dictionary

access application means an application by an individual under chapter 3 to access a document to the extent it contains the individual's personal information.

access charge see section 77.

access law means a law of the State that provides for access by persons to documents.

adult child means a child who is 18 years or more.

adult sibling means a sibling who is 18 years or more.

agency

(a) for chapter 3—has the meaning given by section 17; or

(b) otherwise—has the meaning given by section 18, but for chapter 6, includes a chapter 3 agency.

agent, in relation to an application, means a person who makes the application for another person.

amendment application means an application by an individual under chapter 3 to amend a document in relation to the individual's personal information contained in the document.

appeal tribunal, for chapter 3, part 11, see section 129.

applicant, in relation to an application, means—

(a) if the application is made for a person—the person; or

(b) otherwise—the person making the application.

appropriately qualified, in relation to a healthcare professional, means having the qualifications and experience appropriate to assess relevant healthcare information in a document.

approved form means a form approved under section 200.

ASIO means the Australian Security Intelligence Organisation established under the Australian Security Intelligence Organisation Act 1979 (Cwlth).

Assembly means the Legislative Assembly.

backup system means a system that has, for disaster recovery purposes, copied electronic data onto a separate data storage medium, for example, onto a backup tape.

bound contracted service provider means the contracted service provider under a service arrangement if—

(a) under section 35(1) and (2), the contracting agency is required to take all reasonable steps to ensure the contracted service provider is required to comply with the privacy principles as if it were the contracting agency; and

(b) under the service arrangement, the contracted service provider is required to comply with the privacy principles as if it were the contracting agency.

chapter 3 agency means an agency for chapter 3.

chapter 3 document means a document of an agency for chapter 3 or a document of a Minister for chapter 3.

community safety department means the department in which the Corrective Services Act 2006 is administered.

complainant, for a privacy complaint, means the person who makes the complaint.

compliance notice see section 158.

consent, for the NPPs, means express consent or implied consent.

considered decision—

(a) for an access application—see section 65; or

(b) for an amendment application—see section 70.

contracted service provider see section 34.

contracting agency see section 34.

contrary to public interest document means a document containing contrary to public interest information where it is not practicable to give access to a copy of the document from which the contrary to public interest information has been deleted.

contrary to public interest information means information the disclosure of which would, on balance, be contrary to public interest under the Right to Information Act, section 49.

control, of a document, for the application of the privacy principles, see section 24.

coroner see the Coroners Act 2003.

court includes a justice and a coroner.

decision-maker means—

(a) for an access or amendment application to an agency—the person with power in relation to all or part of the application under section 50; or

(b) for an access or amendment application to a Minister—the Minister or the person with power in relation to all or part of the application under section 51.

deemed decision—

(a) for an access application—see section 66; or

(b) for an amendment application—see section 71.

director-general, of ASIO, means the person appointed as Director-General of Security under the Australian Security Intelligence Organisation Act 1979 (Cwlth).

designated person, for the NPPs, see the Hospital and Health Boards Act 2011, schedule 2.

disclose, personal information, for the application of the privacy principles, see section 23.

document

(a) of an agency, for chapter 3—see section 13; or

(b) of a Minister, for chapter 3, see section 14; or

(c) otherwise—see section 15.

document to which the privacy principles do not apply see section 16.

eligible family member

1 eligible family member, of a deceased person, means—

(a) a spouse of the deceased person; or

(b) if a spouse is not reasonably available—an adult child of the deceased person; or

(c) if a spouse or adult child is not reasonably available—a parent of the deceased person; or

(d) if a spouse, adult child or parent is not reasonably available—an adult sibling of the deceased person; or

(e) if a spouse, adult child, parent or adult sibling is not reasonably available and the deceased person was not an Aboriginal person or Torres Strait Islander—the next nearest adult relative of the deceased person who is reasonably available; or

(f) if a spouse, adult child, parent or adult sibling is not reasonably available and the deceased person was an Aboriginal person or Torres Strait Islander—a person who is an appropriate person according to the tradition or custom of the Aboriginal or Torres Strait Islander community to which the deceased person belonged and who is reasonably available.

2 A person described in item 1 is not reasonably available if—

(a) a person of that description does not exist or is deceased; or

(b) a person of that description can not be reasonably contacted; or

(c) a person of that description is unable or unwilling to act as the eligible family member of the deceased person for the purposes of this Act.

entity to which the privacy principles do not apply see section 19 exempt document means a document containing exempt information where it is not practicable to give access to a copy of the document from which the exempt information has been deleted.

exempt information means information that is exempt information under the Right to Information Act.

external review see section 98. external review application see section 98.

function includes a power. generally available publication means a publication that is, or is to be made, generally available to the public, however it is published.

health agency means the health department or a Hospital and Health Service.

healthcare professional means a person who carries on, and is entitled to carry on, an occupation involving the provision of care for a person's physical or mental health or wellbeing, including, for example—

(a) a doctor, including a psychiatrist; or

(b) a psychologist; or

(c) a social worker; or

(d) a registered nurse.

health department means the department in which the Hospital and Health Boards Act 2011 is administered.

health information, about an individual, for the NPPs, means—

(a) personal information about the individual that includes any of the following—

(i) the individual's health at any time; (ii) a disability of the individual at any time;

(iii) the individual's expressed wishes about the future provision of health services to the individual;

(iv) a health service that has been provided, or that is to be provided, to the individual; or

(b) personal information about the individual collected for the purpose of providing, or in providing, a health service; or

(c) personal information about the individual collected in connection with the donation, or intended donation, by the individual of any of the individual's body parts, organs or body substances.

health professional, for the NPPs, see the Hospital and Health Boards Act 2011, schedule 2.

health service means—

(a) an activity performed in relation to an individual that is intended or claimed, expressly or otherwise, by the individual or by a person performing the activity—

(i) to assess, record, preserve or improve the individual's health; or

(ii) to diagnose an illness or disability of the individual; or

(iii) to treat an illness or disability of the individual or a suspected illness or disability; or

(b) the dispensing on prescription of a drug or medicinal preparation by a pharmacist.

health service chief executive see the Hospital and Health Boards Act 2011, schedule 2.

holds, in relation to an office, includes performs the duties of the office.

Hospital and Health Service means a Hospital and Health Service established under the Hospital and Health Boards Act 2011, section 17.

information commissioner means the information commissioner under the Right to Information Act.

internal review see section 93.

internal review application see section 93.

IPP means an information privacy principle stated as a section of schedule 3.

judicial member, for chapter 3, part 11, see section 129.

law enforcement agency means—

(a) for the purposes of IPP 11(1)(e)—an enforcement body within the meaning of the Privacy Act 1988 (Cwlth) or any entity mentioned in paragraph (b); or

(b) otherwise—

(i) the Queensland Police Service under the Police Service Administration Act 1990; or

(ii) the Crime and Corruption Commission; or

(iii) the community safety department; or

(iv) any other agency, to the extent it has responsibility for—

(A) the performance of functions or activities directed to the prevention, detection, investigation, prosecution or punishment of offences and other breaches of laws for which penalties or sanctions may be imposed; or

(B) the management of property seized or restrained under a law relating to the confiscation of the proceeds of crime; or

(C) the enforcement of a law, or of an order made under a law, relating to the confiscation of the proceeds of crime; or

(D) the execution or implementation of an order or decision made by a court or tribunal.

Minister includes an Assistant Minister.

narrow

(a) for an access application, means change the application by reducing the part of a document or the number of documents to which access is sought under the application; or

(b) for an amendment application, means change the application by reducing the part of a document or the number of documents sought to be amended under the application.

NPP means a national privacy principle stated as a section of schedule 4.

officer, in relation to an agency, includes—

(a) the agency's principal officer; and

(b) a member of the agency; and

(c) a member of the agency's staff; and

(d) a person employed by or for the agency.

OIC means the office of the information commissioner under the Right to Information Act.

parliamentary committee means—

(a) if the Legislative Assembly resolves that a particular committee of the Assembly is to be the parliamentary committee under this Act—that committee; or

(b) if paragraph (a) does not apply and the standing rules and orders state that the portfolio area of a portfolio committee includes the privacy commissioner—that committee; or

(c) otherwise—the portfolio committee whose portfolio area includes the department, or the part of a department, in which this Act is administered.

participant, in an external review, means a person who is a participant in the review under section 102.

personal information see section 12.

portfolio area see the Parliament of Queensland Act 2001, schedule.

portfolio committee see the Parliament of Queensland Act 2001, schedule.

prescribed information means—

(a) exempt information mentioned in the Right to Information Act, schedule 3, section 1, 2, 3, 4, 5, 9 or 10; or

(b) personal information the disclosure of which would, on balance, be contrary to the public interest, under the Right to Information Act, section 47(3)(b).

prescribed written notice means a notice under section 199.

principal officer means—

(a) in relation to a department—the chief executive of the department; or

(b) in relation to a local government—the chief executive officer (however described) of the government; or

(c) in relation to a government owned corporation—the chief executive officer (however described) of the government owned corporation; or

(d) in relation to a subsidiary of a government owned corporation—the principal officer (however described) of the subsidiary; or

(e) in relation to a public authority for which a regulation declares an office to be the principal office—the holder of the office; or

(f) in relation to another public authority—

(i) if it is an incorporated body that has no members—the person who manages the body's affairs; or

(ii) if it is a body (whether or not incorporated) that is constituted by 1 person—the person; or

(iii) if it is a body (whether or not incorporated) that is constituted by 2 or more persons—the person who is entitled to preside at a meeting of the body at which the person is present.

privacy commissioner means the Privacy Commissioner appointed under this Act.

privacy complaint see section 164.

privacy principles means the requirements applying to an entity under chapter 2.

processing period, for an access or amendment application, for chapter 3, see section 22.

publication includes a book, magazine or newspaper.

public authority has the meaning given by section 21.

public library includes—

(a) the State library; and

(b) a local government library; and

(c) a library in the State that forms part of a public tertiary educational institution.

relevant chief executive means—

(a) for information held by a Hospital and Health Service—the health service chief executive or the chief executive of the health department; or

(b) for information held by the health department—the chief executive of the health department.

relevant entity, for chapter 5, see section 164.

relevant healthcare information means healthcare information provided by a healthcare professional.

respondent, for a privacy complaint, see section 164.

reviewable decision means any of the following decisions in relation to an access or amendment application—

(a) a decision that an access or amendment application is outside the scope of this Act under section 52(1)(b);

(b) a decision that an access or amendment application does not comply with all relevant application requirements under section 53(6);

(c) a decision under section 54(5)(b) that an application purportedly made under this Act can not be dealt with under this Act;

(d) a decision—

(i) to disclose a document contrary to the views of a relevant third party obtained under section 56; or

(ii) to disclose a document if an agency or Minister should have taken, but has not taken, steps to obtain the views of a relevant third party under section 56;

(e) a decision refusing to deal with an access or amendment application under chapter 3, part 4;

(f) a decision refusing access to all or a part of a document under section 67 or refusing amendment of a document under section 72;

(g) a decision under section 76(5) that information to which a notice under section 76(2) relates is not information in relation to which the applicant was entitled to apply to the agency or Minister for amendment of the document;

(h) a decision deferring access to a document under section 87;

(i) a decision about whether an access charge is payable in relation to access to a document (including a decision not to waive charges);

(j) a decision giving access to documents subject to the deletion of information under section 88;

(k) a decision giving access to documents in a form different to the form applied for by the applicant, unless access in the form applied for would involve an infringement of the copyright of a person other than the State;

(l) a deemed decision.

review under this Act means internal review or external review.

Right to Information Act means the Right to Information Act 2009.

RTI commissioner means the RTI commissioner under the Right to Information Act.

sensitive information, about an individual, for the NPPs, means—

(a) personal information about the individual that includes any of the following—

(i) the individual's racial or ethnic origin;

(ii) the individual's political opinions;

(iii) the individual's membership of a political association;

(iv) the individual's religious beliefs or affiliations;

(v) the individual's philosophical beliefs;

(vi) the individual's membership of a professional or trade association;

(vii) the individual's membership of a trade union;

(viii) the individual's sexual preferences or practices;

(ix) the individual's criminal record; or

(b) information that is health information about the individual for the NPPs.

service arrangement see section 34.

standing rules and orders see the Parliament of Queensland Act 2001, schedule.

subsidiary see the Government Owned Corporations Act 1993.

transfer period, for an access or amendment application, for chapter 3, see section 22.

use, personal information, see section 23.