Key published decisions applying section 191 RTI Act

Henderson and The Public Trustee of Queensland (Unreported, Queensland Right to
Information Commissioner, 14 March 2011)

The applicant sought access to certain information from the Public Trustee of Queensland (PTQ). PTQ provided full access to 51 pages relevant to the access application. On external review the applicant submitted that PTQ had not located all documents relevant to the access request and that the PWN lacked status because it was not signed.

Though it had no bearing on the outcome of the review, the RTI Commissioner noted that the PWN complied with the requirements of section 191 of the RTI Act because it was dated, included the name and designation of the decision maker and outlined the reasons for the decision. The RTI Commissioner confirmed with the decision maker that the unsigned letter was the PWN and accepted the explanation that the letter was unsigned due to an administrative oversight. In considering the effect of this omission, the RTI Commissioner indicated that whilst it would be best practice to sign the PWN, failure to do so did not invalidate the PWN. [31]

Last updated: May 20, 2013