Overview of Schedule 3, section 10(4) RTI Act

Sections 47(3)(a) and 48 of the RTI Act provide that access may be refused to a document to the extent that it comprises ‘exempt information’.  Schedule 3 sets out the types of information which Parliament has considered to be ‘exempt information’ because their disclosure would, on balance, be contrary to public interest.

Section summary

Information is exempt information if it consists of information obtained, used or prepared for an investigation by a prescribed crime body or another agency, in the performance of the prescribed functions of a prescribed crime body.  This exemption is subject to the exception in schedule 3, section 10(6) of the RTI Act.

Background

On 1 July 2014, this section was substantially amended to reflect changes made to the Crime and Misconduct Commission (CMC) by the Crime and Misconduct Commission and Other Legislation Amendment Act 2014 (Qld).  This Act changed the name of the CMC to the Crime and Corruption Commission (CCC) and replaced its misconduct function with a corruption function.

Corruption under the Crime and Corruption Act 2001 (Qld) (formerly called the Crime and Misconduct Act 2001 (Qld)) means both corrupt conduct and police misconduct.  Apart from those changes, this section essentially replicates section 42(3A) of the repealed FOI Act.

Effect of the changes

The CCC’s new corruption function is more narrowly defined than the previous misconduct function.  The OIC’s CCC exempt information guideline provides information about the amended provision.

Last updated: May 1, 2018