Schedule 5 Dictionary

access application means an application under this Act for access.

access charge see section 57.

access was required or permitted to be given under this Act, for chapter 5, part 1, see section 169.

adult child means a child who is 18 years or more.

adult sibling means a sibling who is 18 years or more.

agency see section 14.

agent, in relation to an application, means a person who makes the application for another person.

appeal tribunal, for chapter 3, part 11, see section 116.

applicant, in relation to an application, means—

(a) if the application is made for a person—the person; or

(b) otherwise—the person making the application.

application fee, in relation to an access application, means the application fee prescribed under a regulation.

appropriately qualified, for a healthcare professional, means having the qualifications and experience appropriate to assess relevant healthcare information.

approved form means a form approved under section 192.

Assembly means the Legislative Assembly.

backup system means a system that has, for disaster recovery purposes, copied electronic data onto a separate data storage medium, for example, onto a backup tape.

change of ownership, for chapter 8, see section 207.

charge does not include an application fee.

charges estimate notice see section 36.

commencement, for chapter 8, see section 207.

commissioner, for chapter 4, part 5, see section 159.

community service obligations see the Government Owned Corporations Act 1993.

competitive commercial activity means an activity carried on, on a commercial basis, in competition with an entity, other than—

(a) the Commonwealth or a State; or

(b) a State authority; or

considered decision see section 45.

contrary to public interest document means a document containing contrary to public interest information where it is not practicable to give access to a copy of the document from which the contrary to public interest information has been deleted.

contrary to public interest information means information the disclosure of which would, on balance, be contrary to the public interest under section 49.

coroner see the Coroners Act 2003.

coronial document see the Coroners Act 2003.

corrective services facility means a corrective services facility as defined under the Corrective Services Act 2006.

court includes a justice and a coroner.

decision-maker means—

(a) for an access application to an agency—the person with power in relation to all or part of the application under section 30; or

(b) for an access application to a Minister—the Minister or the person with power in relation to all or part of the application under section 31.

deemed decision see section 46.

disclosure log means part of an agency's website called a disclosure log.

document—

(a) of an agency—see section 12; or

(b) of a Minister—see section 13.

document to which this Act does not apply see section 11.

eligible family member—

1 eligible family member, of a deceased person, means—

(a) a spouse of the deceased person; or

(b) if a spouse is not reasonably available—an adult child of the deceased person; or

(d) if a spouse, adult child or parent is not reasonably available—an adult sibling of the deceased person; or

(e) if a spouse, adult child, parent or adult sibling is not reasonably available and the deceased person was not an Aboriginal person or Torres Strait Islander—the next nearest adult relative of the deceased person who is reasonably available; or

(f) if a spouse, adult child, parent or adult sibling is not reasonably available and the deceased person was an Aboriginal person or Torres Strait Islander—a person who is an appropriate person according to the tradition or custom of the Aboriginal or Torres Strait Islander community to which the deceased person belonged and who is reasonably available.

2 A person described in item 1 is not reasonably available if—

(a) a person of that description does not exist or is deceased; or

(b) a person of that description can not be reasonably contacted; or

(c) a person of that description is unable or unwilling to act as the eligible family member of the deceased person for the purposes of this Act.

entity to which this Act does not apply see section 17.

exempt document means a document containing exempt information where it is not practicable to give access to a copy of the document from which the exempt information has been deleted.

exempt information see section 48.

Note—

Access to a document may be refused to the extent it comprises exempt information—see section 47(3)(a).

external review see section 84.

external review application see section 84.

freight operations means 1 or more of the following operations—

(a) coal operations;

(b) bulk freight operations;

(d) general freight operations;

(e) agricultural freight operations.

function includes a power.

government includes an agency and a Minister.

healthcare professional means a person who carries on, and is entitled to carry on, an occupation involving the provision of care for a person's physical or mental health or wellbeing, including, for example—

(a) a doctor, including a psychiatrist; or

(b) a psychologist; or

(d) a registered nurse.

holds, in relation to an office, includes performs the duties of the office.

information commissioner means the Information Commissioner.

Information Privacy Act means the Information Privacy Act 2009.

interim period, for chapter 8, see section 207.

internal review see section 79.

internal review application see section 79.

judicial appointments adviser means an entity that has a function under a judicial appointment protocol of —

(a) considering expressions of interest for judicial appointments in Queensland; and

(b) preparing, and presenting to the Attorney-General, a list of candidates who are suitable for judicial appointment in Queensland.

judicial appointments protocol means a protocol establishing a process for considering, consulting on or recommending candidates for judicial appointment in Queensland.

judicial member, for chapter 3, part 11, see section 116.

justice department means the department in which the Attorney General Act 1999 is administered.

member of QR Group, for chapter 8, see section 207.

Minister includes an Assistant Minister.

narrow, for an access application, means change the application by reducing the part of a document or the number of documents to which access is sought under the application.

non-profit organisation means an organisation that is not carried on for the profit or gain of its individual members.

Examples of entities that may be non-profit organisations—

charities, churches, clubs, environment protection societies

officer, in relation to an agency, includes—

(a) the agency's principal officer; and

(b) a member of the agency; and

(d) a person employed by or for the agency.

OIC means the office of the information commissioner.

parliamentary committee means—

(a) if the Legislative Assembly resolves that a particular committee of the Assembly is to be the parliamentary committee under this Act—that committee; or

(b) if paragraph (a) does not apply and the standing rules and orders state that the portfolio area of a portfolio committee includes the information commissioner—that committee; or

(c) otherwise—the portfolio committee whose portfolio area includes the department, or the part of a department, in which this Act is administered.

participant, in an external review, means a person who is a participant in the review under section 89.

personal information see the Information Privacy Act.

Note—

Under the Information Privacy Act, personal information is information or an opinion, including 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, from the information or opinion.

policy document, in relation to an agency, means—

(a) a document containing interpretations, rules, guidelines, statements of policy, practices or precedents; or

(b) a document containing details of an administrative scheme; or

(c) a document containing a statement of the way, or intended way, of administration of an enactment or administrative scheme; or

(d) a document describing the procedures to be followed in investigating a contravention or possible contravention of an enactment or administrative scheme; or

(e) another document of a similar kind;

that is used by the agency in connection with the performance of such of its functions as affect or are likely to affect rights, privileges or other benefits, or obligations, penalties or other detriments, to which members of the community are or may become entitled, eligible, liable or subject, but does not include an enactment that has already been published.

portfolio area see the Parliament of Queensland Act 2001, schedule.

portfolio committee see the Parliament of Queensland Act 2001, schedule.

prescribed information means—

(a) exempt information mentioned in schedule 3, section 1, 2, 3, 4, 5, 9 or 10; or

(b) personal information the disclosure of which would, on balance, be contrary to the public interest under section 47(3)(b).

prescribed written notice means a notice under section 191.

principal officer means—

(a) in relation to a department—the chief executive of the department; or

(b) in relation to a local government—the chief executive officer (however described) of the local government; or

(c) in relation to a government owned corporation—the chief executive officer (however described) of the government owned corporation; or

(d) in relation to a subsidiary of a government owned corporation—the principal officer (however described) of the subsidiary; or

(e) in relation to a public authority for which a regulation declares an office to be the principal office—the holder of the office; or

(f) in relation to another public authority—

(i) if it is an incorporated body that has no members—the person who manages the body's affairs; or

(ii) if it is a body (whether or not incorporated) that is constituted by 1 person—the person; or

(iii) if it is a body (whether or not incorporated) that is constituted by 2 or more persons—the person who is entitled to preside at a meeting of the body at which the person is present.

privacy commissioner means the Privacy Commissioner under the Information Privacy Act.

processing charge see section 56.

processing period see section 18.

publication scheme see section 21.

public authority see section 16.

public library includes—

(a) the State library; and

(b) a local government library; and

QR Limited, for chapter 8, see section 207.

quasi-judicial entity means an entity that exercises quasi-judicial functions.

related body corporate, for chapter 8, see section 207.

relevant healthcare information means healthcare information given by a healthcare professional.

reviewable decision means any of the following decisions in relation to an access application—

(a) a decision that an access application is outside the scope of this Act under section 32(1)(b);

(b) a decision that an access application does not comply with all relevant application requirements under section 33(6);

(i) to disclose a document contrary to the views of a relevant third party obtained under section 37; or

(ii) to disclose a document if an agency or Minister should have taken, but has not taken, steps to obtain the views of a relevant third party under section 37;

(d) a decision refusing to deal with an application under chapter 3, part 4;

(e) a decision refusing access to all or part of a document under section 47;

(f) a decision deferring access to a document under section 72;

(g) a decision about whether a processing charge or access charge is payable in relation to access to a document (including a decision not to waive charges);

(h) a decision giving access to documents subject to the deletion of information under section 73;

(i) a decision giving access to documents in a form different to the form applied for by the applicant, unless access in the form applied for would involve an infringement of the copyright of a person other than the State;

(j) a deemed decision.

review under this Act means internal review or external review.

revision period see section 18.

RTI commissioner see section 147(1).

schedule of relevant documents see section 36.

standing rules and orders see the Parliament of Queensland Act 2001, schedule.

strategic review report see section 188.

subsidiary see the Government Owned Corporations Act 1993.

transfer period see section 18.

Treasurer, for chapter 8, see section 207.