Application of section 191 RTI Act

Relevant considerations

Does the prescribed written notice of decision (PWN) state the required details?

a)  The decision and reasons for the decision

Under section 191(a) and (b), the PWN must include the decision made by the agency or Minister along with the reasons for that decision.  In providing reasons for a decision, the agency or Minister is required to detail findings on material questions of fact along with the evidence on which those findings were based.1

b)  The day the decision was made and the name and designation of the person making the decision

Section 191(c) requires the agency or Minister to state the date the decision was made and section 191(d) requires the PWN to state the name and the designation of the person making the decision.

The section does not require the PWN to be signed.  The RTI Commissioner has previously noted that whilst it is best practice to sign the PWN, failure to do so does not invalidate the PWN.2

c) Rights of review

Section 191(e) requires the agency or Minister to state the rights of review available under this Act in relation to that decision, including the procedures and time limits to follow in applying for the review.

  • 1 Section 27B of the Acts Interpretation Act 1954 (Qld).
  • 2 Henderson and The Public Trustee of Queensland (Unreported, Queensland Right to Information Commissioner, 14 March 2011).

Last updated: May 20, 2013