Right to Information
Right to Information Act 2009
Reprint No. 2 [as amended by all amendments that commenced on or before 22 February 2013]
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 RTI Act is available from the Office of the Queensland Parliamentary Counsel.
An Act about rights to government and other information.
Sections of the act with annotations
Annotations highlighted.
- Preamble
- Chapter 1 Preliminary (1-18)
- Part 1 Introductory (1-9)
- 1 Short title
- 2 Commencement
- 3 Object of the Act
- 4 Act not intended to prevent other publication or access
- 5 Relationship with other Acts requiring publication or access
- 6 Relationship with other Acts prohibiting disclosure of information
- 7 Relationship with other Acts regulating disposal of information
- 8 Relationship with Information Privacy Act
- 9 Act binds State
- Part 2 Interpretation (10-18)
- 10 Definitions
- 11 Meaning of document to which this Act does not apply
- 12 Meaning of document of an agency
- 13 Meaning of a document of a Minister
- 14 Meaning of agency
- 15 Local government references for this Act
- 16 Meaning of public authority
- 17 Meaning of entity to which this Act does not apply
- 18 Meaning of processing period, revision period and transfer period
- Part 1 Introductory (1-9)
- Chapter 2 Disclosure other than by application under this Act (19-22)
- Chapter 3 Disclosure by application under this Act (23-122)
- Part 1 Right to access (23)
- Part 2 Access application (24-29)
- Part 3 Dealing with application (30-38)
- Division 1 Decision-maker
- Division 2 Preliminary contact with applicant (32-36)
- Division 3 Contact with relevant third party (37)
- Division 4 Transfers (38)
- Part 4 Refusal to deal with application (39-43)
- Part 5 Decision (44-55)
- 44 Pro-disclosure bias in deciding access to documents
- 45 Considered decision on access application
- 46 Deemed decision on access application
- 47 Grounds on which access may be refused
- 48 Exempt information
- 49 Contrary to public interest
- 50 Contrary to child's best interests
- 51 Contrary to applicant's best interests - healthcare information
- 52 Document non-existent or unlocatable
- 53 Other access available
- 54 Notification of decision and reasons
- 55 Information as to existence of particular documents
- Part 6 Charging regime (56-67)
- Part 7 Giving access (68-78)
- Division 1 Giving access to applicant (68-77)
- 68 Forms of access
- 69 Time limit for access
- 70 Precautions
- 71 Precautions for children
- 72 Deferral of access
- 73 Deletion of irrelevant information
- 74 Deletion of exempt information
- 75 Deletion of contrary to public interest information
- 75A Deletion of contrary to child's best interests information
- 75B Deletion of contrary to applicant's best interests information - relevant healthcare information
- 76 Giving summary of personal information to applicant of intermediary
- 77 Giving relevant healthcare information to applicant's nominated healthcare professional
- Division 2 Giving access to others (78-78B)
- Division 1 Giving access to applicant (68-77)
- Part 8 Internal review (79-83)
- Part 9 External review (84-113)
- Division 1 Preliminary (84-87)
- Division 2 Application (88-89)
- Division 3 After application made (90-94)
- Division 4 Conduct of external review (95-97)
- Division 5 Powers of Information commissioner on external review (98-109)
- 98 Preliminary inquiries
- 99 Better reasons
- 100 Access to documents
- 101 Access in particular form
- 102 Requiring a search
- 103 Requiring information, documents and attendance
- 104 Examining witnesses
- 105 Additional powers
- 106 Restrictions under other laws not applicable
- 107 Information commissioner to ensure proper disclosure and return of documents
- 108 Information commissioner to ensure nondisclosure of particular information
- 109 Exception for successful challenge of s 55(2) notice
- Division 6 Decision on external review (110-111)
- Division 7 Miscellaneous (112-113)
- Part 10 Vexatious applicants (114-115)
- Part 11 References of questions of law and appeals (116-122)
- 116 Definitions for pt 11
- 118 Reference of questions of law to Queensland Civil and Administrative Tribunal
- 119 Appeal to Queensland Civil and Administrative Tribunal on question of law
- 120 Application to Queensland Civil and Administrative Tribunal for review of decision about financial hardship status
- 121 Application to Queensland Civil and Administrative Tribunal for review of vexatious applicant declaration
- 122 Rules and procedures of Queensland Civil and Administrative Tribunal
- Chapter 4 Office of the Information Commissioner (123-168)
- Part 1 General (123-124)
- Part 2 Information Commissioner (125-143)
- 125 General power
- 126 Information commissioner not subject to direction
- 127 Control of the office of the information commissioner
- 128 Support functions
- 129 Decision-making functions
- 130 External review functions
- 131 Performance monitoring functions
- 132 Power to issue guidelines
- 133 Budget and performance
- 134 Appointment
- 135 Procedure before appointment
- 136 Term of appointment
- 137 Remuneration and conditions
- 138 Leave of absence
- 139 Preservation of rights if public service officer appointed
- 140 Oath before performing duties
- 140A Declaration of interests
- 140B Conflicts of interest
- 141 Restriction on outside employment
- 142 Resignation
- 143 Acting information commissioner
- Part 3 Staff of the office of the Information commissioner (144-146)
- Part 4 Right to Information Commissioner (147-158)
- 147 Right to Information Commissioner
- 148 Role and function of RTI Commissioner
- 149 RTI Commissioner subject to direction of information commissioner
- 150 Appointment
- 151 Procedure before appointment
- 152 Term of appointment
- 153 Remuneration and conditions
- 154 Leave of absence
- 155 Preservation of rights if public service officer appointed
- 156 Restriction on outside employment
- 157 Resignation
- 158 Acting RTI Commissioner
- Part 5 Commissioner may be removed or suspended from office (159-164)
- Part 6 Proceedings (165-168)
- Chapter 5 Protections and offences (169-179)
- Part 1 Protections (169-174)
- 169 Meaning of access was required or permitted to be given under this Act
- 170 Access - protection against actions for defamation or breach of confidence
- 171 Publication - protection against actions for defamation or breach of confidence
- 172 Access - protection in respect of offences
- 173 Publication - protection in respect of offences
- 174 Protection of agency, Information Commissioner etc. from personal liability
- Part 2 Offences (175-179)
- Part 1 Protections (169-174)
- Chapter 6 Miscellaneous provisions (180-193)
- Chapter 7 Repeal and transitional provisions (194-206D)
- Part 1 Repeal (194)
- Part 2 Transitional provisions for Act No. 13 of 2009 (195-203)
- 195 Outdated references
- 196 Continuation of appointment as information commissioner
- 197 Continuation of appointment as acting information commissioner
- 198 Pre-enactment recruitment process
- 199 Applications under Freedom of Information Act 1992
- 200 Time limit for access under Freedom of Information Act 1992 continues to apply
- 201 Statements of affairs
- 202 Refusal to deal with application - previous application for same documents
- 203 Delayed appeals and application to QCAT
- Part 3 Transitional provisions for State Penalties Enforcement and Other Legislation Amendment Act 2009 (204-206)
- Part 4 Transitional provision for Integrity Reform (Miscellaneous Amendments) Act 2010 (206A)
- Part 5 Transitional provisions for Court and Civil Legislation Amendment Act 2017 (206B)
- Part 6 Transitional provision for Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019 (206C)
- Part 7 Transitional provision for Biodiscovery and Other Legislation Amendment Act 2020 (206D)
- Chapter 8 Traditional provisions for members of QR Group (207-209)
- Schedule 1 Documents to which this Act does not apply
- 1 Security document
- 2 Documents under Terrorism (Preventative Detention) Act 2005
- 3 Particular documents under Crime and Corruption Act 2001
- 4 Particular documents under Police Powers and Responsibilities Act 2000
- 5 Particular documents under Police Service Administration Act 1990
- 6 Documents received or created by integrity commissioner for Integrity Act 2009, ch 3
- 7 Documents received or created by Prostitution Licensing Authority
- 8 Particular coronial document during investigation
- 9 Root cause analysis document
- 10 Particular documents under Workers' Compensation and Rehabilitation Act 2003
- 11 Particular documents under Biodiscovery Act 2004
- 12 Particular documents under Gene Technology Act 2001
- 13 Particular documents under Sugar Industry Act 1999
- 14 Particular GOC documents created or received before commencement
- 15 Particular corporatised corporation documents created or received before commencement
- 16 Particular documents relating to judicial appointments
- Schedule 2 Entities to which this Act does not apply
- Schedule 3 Exempt information
- 1 Cabinet matter brought into existence before commencement
- 2 Cabinet information brought into existence on or after commencement
- 3 Executive Council information
- 4 Information briefing incoming Minister
- 4A BCC Establishment and Coordination Committee information
- 4B Budgetary information for local governments
- 5 Information revealing particular Sovereign communications
- 6 Information disclosure of which would be contempt of court or Parliament
- 7 Information subject to legal professional privilege
- Overview of Schedule 3, section 7 RTI Act
- Application of Schedule 3, section 7 RTI Act
- Key published decisions applying Schedule 3, section 7 RTI Act
- Key common law decisions
- 8 Information disclosure of which would found action for breach of confidence
- 9 National or State security information
- 10 Law enforcement or public safety information
- 11 Investment incentive scheme information
- 12 Information disclosure of which prohibited by Act
- Schedule 4 Factors for deciding the public interest
- Part 1 Factors irrelevant to deciding the public interest
- Part 2 Factors favouring disclosure in the public interest
- Part 3 Factors favouring nondisclosure in the public interest
- Part 4 Factors favouring nondisclosure in the public interest because of public interest harm in disclosure
- 1 Affecting relations with other governments
- 2 Affecting investigations by ombudsman or audits by auditor-general
- 3 Affecting particular operations of agencies
- 4 Disclosing deliberative processes
- 5 Disclosing information brought into existence for ensuring security or good order of corrective services facility
- 6 Disclosing personal information
- 7 Disclosing trade secrets, business affairs or research
- 8 Affecting confidential communications
- 9 Affecting State economy
- 10 Affecting financial or property interests of State or agency
- Schedule 5 Dictionary
