Application of Schedule 3, section 12 RTI Act

Relevant considerations

1. Does the information contain only the applicant's personal information?

Schedule 3, section 12(2) provides an exception to the schedule 3, section 12(1) exemption; information will not be exempt under schedule 3, section 12(1) if it is personal information of the applicant.

'Personal information' is defined in section 12 of the IP Act:

Personal information is information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained.

See 'Section 12 IP Act' Annotation.

As only an individual can have personal information for the purpose of the RTI Act, this exception can only apply where the applicant is an individual (ie. a natural person as set out in schedule 1 of the Acts Interpretation Act 1954 (Qld)).1

Where the personal information of the applicant cannot be separated from the personal information of other persons, the schedule 3, section 12(2) exception to the exemption does not apply.2

2. Is disclosure prohibited by a provision listed in schedule 3, section 12(1)?

Information will be exempt if its disclosure is prohibited by any of the specific provisions listed in schedule 3, section 12(1) of the RTI Act.

  • 1 Lis-Con Concrete Constructions Pty Ltd and Queensland Treasury and Trade (Unreported, Queensland Information Commissioner, 13 November 2012) at paragraph 31; Fendley Consultancy Pty Ltd and Queensland Treasury and Trade (Unreported, Queensland Information Commissioner, 26 April 2013) at paragraph 33.
  • 2 SYT and Department of Health (Unreported, Queensland Information Commissioner, 15 March 2010) at paragraph 33. [up]

Last updated: May 20, 2013