Application of section 14 RTI Act

Relevant considerations

1. Is the entity a department?

'Department' is not defined in the RTI Act. The Acts Interpretation Act 1954 (Qld) (AIA) provides that in 'an Act, a reference to a department is a reference to an entity that is a department of government under the Public Service Act 2008'. Under the Public Service Act 2008 (Qld) (PSA), a department is an entity declared to be a department of government by the Governor in Council by gazette notice.1

2. Is the entity a local government?

'Local government' is not defined in the RTI Act, however under the Acts Interpretation Act 1954 (Qld) (AIA), 'local government' means:

  • the Brisbane City Council;2 or
  • a local government under the Local Government Act 2009 (Qld) (LGA).

A local government under the LGA is an elected body that is responsible for the good rule and local government of a part of Queensland.3

Section 15 of the RTI Act specifically includes the Wide Bay Water Corporation as a local government for the purposes of the RTI Act.

3. Is the entity a public authority?

See 'Section 16 RTI Act' Annotation

4. Is the agency a government owned corporation or a subsidiary of a government owned corporation?

The RTI Act does not define 'government owned corporation' (GOC). Under the AIA4, 'GOC' has the meaning set out in the Government Owned Corporations Act 1993 (Qld) (GOC Act). Under the GOC Act, a GOC is a government entity that is:5

  • established as a body corporate under an Act or under the Corporations Act 2001 (Cth); and
  • declared under a regulation to be a GOC.

Section 4 of the GOC Act states that a 'government entity' includes:6

  • a government company7 or part of a government company; or
  • a State instrumentality, agency, authority or entity or a division, branch or other part of a State instrumentality, agency, authority or entity; or
  • a department or a division, branch or other part of a department; or
  • a GOC Act entity;8 or
  • an entity prescribed by regulation.

A subsidiary of a GOC includes:9

  • for a GOC or candidate GOC—a government entity declared by regulation to be a subsidiary of the GOC or candidate GOC; and
  • for a candidate GOC associate—a GOC Act entity declared by regulation to be a subsidiary of the associate.
  • 1 Sections 7 and 14 of the PSA. See also the current Administrative Arrangement Order, which sets out the principal responsibilities of Government Ministers and their portfolios: Administrative Arrangements Orders. [up]
  • 2 Schedule 1 of the AIA. [up]
  • 3 Section 8(1) of the LGA. [up]
  • 4 Schedule 1 of the AIA. [up]
  • 5 Section 5 of the GOC Act. [up]
  • 6 Section 4 of the GOC Act. [up]
  • 7 Section 2 of the GOC Act: 'Government company' means a corporation incorporated under the Corporations Act, all the stock or shares in the capital of which is or are beneficially owned by the State. [up]
  • 8 Section 2 of the GOC Act: 'GOC Act entity' means an entity established by a regulation under the GOC Act. [up]
  • 9 Section 2 of the GOC Act. [up]

Last updated: March 16, 2012