The Right to Information Act 2009 (Qld) (RTI Act) gives people the right to apply for access to documents held by government agencies (and Ministers). Anyone can apply to access government documents.

If you receive a letter or email that says you are being consulted as a third party under the RTI Act, it means that the agency:

  • has received an RTI application
  • is thinking about releasing information to the RTI applicant that you might have concerns about; and
  • wants to know if you have any objections to the information being released.

What am I being consulted about?

You are being consulted about whether:

Exempt information

Information is exempt if it falls into one of the categories listed in Schedule 3 of the RTI Act. This includes information which is confidential, legally privileged, or could endanger a law enforcement investigation.

Contrary to the public interest information

Information which is not exempt is subject to the public interest balancing test. This is where an agency identifies relevant public interest factors for and against disclosure and balances them to decide whether it would be contrary to the public interest to release the information.

The public interest factors are listed in Schedule 4 of the RTI Act.

Can I find out who applied for the information?

In some circumstances, the identity of the applicant may impact your views about whether you object to release of the information. In others, it will be irrelevant.

If the agency is not able to tell you the applicant’s identity they may be able to tell you what sort of applicant they are, for example, whether they are a member of a community group, a concerned citizen, or a member of the media.

How long do I have to respond to the consultation?

The agency will give you a reasonable opportunity to respond to the consultation. If you have concerns about the timeframe, tell the agency as soon as possible.

How do I object to the proposed disclosure?

You must tell the agency that you object to the disclosure and why. You should do this in writing.

What if I don’t object?

You are not required to advise the agency if you don’t object to the information being released, but it may assist the decision maker if you let them know.

If you have no objections to the disclosure of the information, the agency decision maker will proceed to make a decision in accordance with the RTI Act. It is unlikely that you will be contacted again.

What happens if I object?

The agency will consider your views and any objections you raised and take them into account when making their decision.

  • If the agency decides not to release the information, they will give the applicant a decision stating that the agency has refused access to the information. The agency may also notify you of the decision.The applicant will then have 20 business days to seek a review of the decision to refuse access.
  • If the agency decides to release the information over your objections, they will give you a decision notice with reasons for the decision and your review rights. Even though the agency has decided to release information over your objections, the applicant will not actually be given a copy of it.

Do I have any review rights?

You  can apply for a review of the decision to release documents over your objections.

Important: You must apply for a review within 20 business days from the date on the decision notice.

If you do not lodge a review application within 20 business days, the agency can give the documents to the applicant.

What if there are documents I wasn’t consulted about?

If you have reasonable grounds to believe that the agency holds documents that would be of concern to you that you have not been consulted on, you should discuss this with the agency.

You may not have been consulted because the agency is not considering releasing those documents.

If you believe there are documents being released that you were not consulted on, you have the right to seek a review of the decision. It is important to exercise these review rights as quickly as possible, before documents are actually released.