Application of section 37 RTI Act

It is important to remember that the requirement to consult with a third party only applies to information being considered for release.

Once information is being considered for release, and there is a reasonable expectation that it would be of concern to a third party, then reasonable steps must be taken to seek that third party's views.

Section 37 only allows the third party to provide their views on:

• whether the document is a document to which the RTI Act does not apply; or
• whether the information is exempt information or contrary to the public interest information.

Refer to Consulting with a relevant third party for guidance on applying this section.

Key decisions

Hof and Rockhampton Regional Council [2015] QICmr 8 (15 April 2015)

6ZJ3HG and Department of Environment and Heritage Protection; OY76VY (Third Party) [2016] QICmr 8 (24 February 2016)

Campbell and North Burnett Regional Council; Melior Resources Incorporated (Third Party) [2016] QICmr 4 (29 January 2016)