In effect from: 1 July 2025

RTI applications as a last resort

As set out in the objects of the RTI Act, formal access applications are intended to be a last resort for the community to access information. In some circumstances a formal access application will be the only option, eg where information is subject to legislative confidentiality provisions or contains third party personal information, but agencies should do their best to provide alternative methods.

Developing administrative access schemes, supporting proactive disclosure, and maintaining robust publication schemes and disclosure logs will assist in ensuring information is made available to the community as informally as possible.

Note: references to an agency on this page include a Minister.

Proactive disclosure

Proactive disclosure occurs where an agency proactively releases information without being asked for it, for example by publishing datasets on its website.

Publication schemes and disclosure logs are forms of proactive disclosure mandated by the RTI Act, but agencies should consider proactively disclosing additional information.

Proactive information release puts information into the community faster and at lower cost, reduces agency time and resources spent processing individual information requests, and demonstrates a commitment to openness, accountability, and transparency.

Strategies to enhance proactive disclosure include:

  • putting systems in place to identify information suitable for proactive release and maximising its release giving authority to officers to release information without the need for an access application under the RTI Act and ensuring they understand and are encouraged to do so
  • publishing datasets in accessible formats that promote their reuse
  • making sure website pathways to access information are clear and easy to use
  • adding metadata to documents to make them discoverable through search engines.

Effective proactive disclosure makes information as simple as possible to find. As part of achieving effective proactive disclosure, agencies should ensure their publication scheme, disclosure log, administrative access schemes and links to datasets available through the Queensland Government Open Data portal are easy to locate on the agency website.

Administrative access

Administrative access refers to the release of information by means other than a formal access application under the RTI Act. Administrative access:

  • puts information into the community faster and at lower cost
  • reduces agency time and resources spent processing individual information requests; and
  • demonstrates a commitment to openness, accountability and transparency, which in turn may increase confidence in government.

Administrative access schemes are generally reactive (responding to requests for information when received) but also include proactive schemes for disseminating information in advance of requests, such as in publication schemes and libraries.

Administrative release is a discretionary process but the framework for release is based on the same philosophy underpinning the RTI Act. Administrative access schemes are often designed to give individuals access to their own personal information, except where legislation (such as the Adoption Act 2009 (Qld)) prevents such release, or the information contains the personal information of another person, which would require the agency to consider the disclosure rules contained in the Queensland Privacy Principles.

However, administrative release is not restricted to providing access to an individual’s personal information; other information may also be sought and released under administrative access schemes.

An important consideration when deciding whether information can be provided administratively is the sensitivity of the requested information. Some factors to take into account when determining the sensitivity of the information include the identity of the recipient and the security classification of the information (if applicable).

Although sensitive information may be released in some cases under administrative access, agencies must take proper account of relevant factors in assessing whether it should be released. For example, although medical records may contain sensitive information, administrative release to the person who is the subject of the records will be appropriate in most cases.

Access under other legislation

In addition to providing access under an administrative arrangement, some agencies provide access to information under legislation other than the RTI Act. For example, access is available, either free or for a charge, to information contained in the:

  • Register of Land Titles established under the Land Act 1994 (Qld)
  • Register of Births, Deaths and Marriages, established under the Births, Deaths and Marriages Registration Act 2003 (Qld); and
  • Water Allocations Register, established under the Water Act 2000 (Qld).

One-off requests for administrative access

Agencies regularly provide information outside of a set scheme in response to one-off requests from the public, other agencies, and the media, eg statistical data or reports from research and policy areas. This routine release of information is consistent with the pro-disclosure principles in the RTI Act.

However, agencies should ensure that, when considering one-off requests, information is only released in accordance with the appropriate agency policies, which take into account its security classification, contents, and other factors relevant to its potential release, eg legislative confidentiality provisions. Any release of information in response to one-off requests must be approved by the relevant delegate or other person with appropriate authority.

Frameworks for administrative release

Many agencies already have an established framework, approved by the chief executive, for administratively releasing specific kinds of information that is commonly requested. The framework may address release of broad classes of documents, and may delegate authority to approve release of others. The framework should include processes and protocols that give consideration to information security including the privacy principles within the IP Act.

This approach will maximise information flow, but also protect information the release of which could cause harm. The aim of an administrative release framework is not to restrict disclosure of information, but to ensure third party interests are not compromised.

Having a framework in place for administrative release of information which covers both formalised access schemes and other, more general, releases of information can significantly increase the effectiveness of information access by:

  • assisting agency staff to understand their roles and responsibilities in relation to the proactive release of information
  • creating confidence in agency staff to release information
  • building privacy considerations into the release of information so that personal information is protected as a matter of course when information is released
  • ensure that the website pathways to access are clear and easy to follow, and the administrative access arrangements are well promoted and highly visible
  • increasing agency responsiveness to requests for information; and
  • ensuring the public understand how administrative access works in the agency.

The framework should:

  • emphasise that, where possible, information should be released administratively and formal applications under the RTI legislation should only be required as a last resort
  • ensure staff understand who is authorised to release information and under what circumstances
  • explain that, under the RTI Act, the agency would not be required to release certain information and there are factors favouring disclosure and non-disclosure of information which will affect whether information should be released administratively
  • ensure that mechanisms are in place to prevent third party interests from being inappropriately compromised
  • comply with the privacy principles under the IP Act
  • ensure access pathways are clear and easy to find and follow; and
  • be approved by the chief executive.

When is administrative access appropriate?

Administrative access is appropriate where any of the following apply:

  • there is demand for access to the requested information
  • there are no significant adverse effects as a result of disclosing the information, either generally or to particular applicants (this is discussed below); and
  • the information involved is of a kind that would be released if it was requested under the RTI Act, either generally or to particular applicants.

As a general rule, the sorts of documents that may be suitable for administrative release include those:

  • provided to the agency by the person seeking access to them (for example, correspondence sent to the agency from the requester)
  • provided by the agency to the person seeking access to them (for example, previous correspondence sent by the agency  to the requester)
  • which are publicly available; and
  • which are routinely made available by the agency.

Benefits of an administrative access scheme

Potential benefits of administrative access schemes include:

  • reduced number of access applications made under the RTI Act
  • quicker outcomes and greater satisfaction for users of the agency’s services
  • lower costs for members of the public and agencies (compared to the potential processing and access fees and charges under the RTI Act)
  • demonstrating that agencies are operating in accordance with the spirit of openness and accountability in the RTI Act; and
  • engagement with the community rather than automatic deferral to formal legal processes.

Individuals who are not provided with any or all of the information they have requested administratively may still apply under the RTI Acts for access to that information.

Potential risks of administrative access schemes

A comprehensive administrative access scheme provides many benefits, as outlined above, but it also raises potential risks, such as:

  • inadvertent disclosure of a third party’s personal information in breach of the privacy principles
  • disclosure of information which compromises other essential government or private interests (for example,  prejudicing an investigation, waiving legal professional privilege, disclosing confidential or commercial information)
  • breach of statutory provisions affecting the operation of government— some Acts prohibit the release of information except in certain limited circumstances
  • breach of contractual terms affecting the release of information; and
  • breach of copyright and issues related to intellectual property.

The above may result in agencies, Ministers or the State being exposed to legal action, as well as distress to individuals, adverse media reports, or complaints against agencies. This is why it is important to have clear policies in place surrounding administrative access schemes.

Requests for someone else’s personal information

If a person requests access to someone else’s personal information, it may not be possible to release the information administratively as to do so may potentially breach the privacy principles.

If you receive such a request, a good starting point is to consult with the agency’s Privacy Contact Officer, particularly if employees have not been provided with a clear decision making framework for the administrative release of information. The Privacy Contact Officer can advise whether any proposed disclosure is in accordance with privacy principles and any other legislative confidentiality requirements. Agency staff should also be provided with privacy training to assist agencies in meeting their privacy obligations.

Publishing documents released under administrative access arrangements

Agencies are not obliged to publish copies or details about information released under administrative access in their disclosure log. However, agencies are encouraged to consider publishing as much information as possible, where appropriate, in their disclosure log in the interests of openness and accountability. Please note, documents containing personal information about the requestor are not included in disclosure logs. Similarly certain types of information are required to be deleted from information included in a disclosure log, as set out in section 78B of the RTI Act.

Relationship with the RTI Act

Applying for, or obtaining access to, documents under an administrative access scheme does not prevent a person from applying for access under the RTI Act at a later stage. However, where a document is available through administrative access or another legislative scheme (even if there is a cost involved) agencies may be able to refuse access under section 53 of the RTI Act.

Publication schemes

A publication scheme is a collection of information that must be published on an agency's website, unless doing so is not reasonably practicable. Agencies are required to have a publication scheme that meets the requirements of section 21 of the RTI Act unless they are a prescribed entity under section 16(2).

Under section 21(1), publication schemes must contain details about:

  • the agency's structure and functions and how the agency's functions affect members of the public
  • any arrangements that enable members of the public to engage with the agency's functions
  • the types of information held by the agency
  • the types of information the agency makes publicly available and how that information is made available; and
  • procedures for asking for information, including, for example, any fee or charge that may be payable.

A Regulation can require additional information to be included in a publication scheme.

Publishing significant and new information

Publication schemes should include significant information and be updated to include new information. Examples of significant information that should be published and kept up to date are:

  • legislation
  • policies and procedures
  • publications
  • initiatives
  • projects
  • lists of data holdings
  • agency restructures.

Agencies are encouraged to review their systems for publication of information to the agency’s public website to ensure that information being published is reviewed and maintained according to the requirements. This includes a system for ensuring document links are up to date.

Agencies should ensure they have clearly assigned responsibility for maintaining the publication scheme.

Queensland Privacy Principle 1

Under Queensland Privacy Principle 1 (QPP 1) in the Information Privacy Act 2009 (Qld), agencies are required to have a privacy policy that includes the information specified by QPP 1.4. It may be useful to consider whether QPP 1 and publication scheme obligations can be met together.

Information that shouldn’t be included

Agencies are not required to include exempt or contrary to the public interest information in a publication scheme.

Additionally, agencies must ensure they do not breach their privacy obligations under the Information Privacy Act 2009 (Qld) or any confidentiality or secrecy obligations under agency-specific legislation when adding information to a publication scheme.

Format, accessibility, and availability of information

Information listed in a publication scheme should be accessible through a direct website link. If someone is unable to access an agency's publication scheme through the website, agencies should meet all reasonable requests to provide the information in an alternative format.

If it is not reasonably practicable for an agency to publish part of its publication scheme on its website, it must publish information about how that part can be accessed. For example, if information is only available in hard copy, information about how to access it must be included in the publication scheme.

Contact details

The publication scheme should include appropriate contact details. If these are the general customer service contacts, customer service staff should be given appropriate training.

Easy to locate

The OIC recommends to agencies that they make their publication scheme:

  • easy to find
  • easy to use
  • up to date
  • useful (meaningful, explanatory and in compliance with legislative requirements)

When OIC audits an agency's publication schemes, it considers how many steps (or mouse clicks) are required to reach it from the home page. An agency should ensure its publication scheme is easy to find, for example via a ‘Right to Information’ link in the website footer or on the home page.

If it is not possible to include a Right to Information link in the footer or on the homepage, agencies should ensure that a member of the public can navigate to the publication scheme in a logical manner. For example, by locating the RTI link on the ‘About us’ menu of the website.

Agencies should also ensure the publication scheme can be located by using the website’s search function.

Accessibility

Publication schemes and linked documents should be accessible to the community, including people who are vision, speech, or hearing impaired or whose language may not be English.

Queensland Government's Digital Services policy requires Queensland Government agencies (excluding local councils and some others) to meet certain minimum requirements for the creation and maintenance of agency internet sites, which includes the following strategies for ensuring that web pages are accessible to as many people as possible:

  • Consistent User Experience (CUE) Standard; and
  • World Wide Web Consortium (W3C) Web Content Accessibility Guidelines

These standards may also be useful for agencies which are not required to comply with them.

Fees and charges

Generally, unless the information is part of an existing administrative or statutory scheme for which charges are payable, information in the publication scheme should be made available at no cost.

However, where provision of documents would impose significant costs on an agency, eg posting and printing significant amounts of information for someone who cannot access the publication scheme online, an agency could charge for the reasonable actual costs of providing the information.

How long should information stay on the website?

Agencies need to ensure information in the publication scheme is relevant, up to date and accurate, and that outdated material is archived or removed. Each agency should implement procedures to ensure that new information covered by the publication scheme is available and that any outdated information is replaced or archived.

Disclosure logs

Section 78A of the Right to Information Act 2009 (Qld) (RTI Act) provides for documents released by an agency or Minister in response to an access application under the RTI Act to be included on a disclosure log.

Disclosure logs are intended to prevent multiple applications on the same subject and increase the flow of information to the community. They are part of an agency's website that contains documents—or information about how to get copies of them—that have been released under an RTI application.

Well-designed disclosure logs which are current, complete, and accurate allow people to access information easily, quickly, and freely, and assist with achieving the goal of applying under the RTI Act being a last resort. This can save money and effort for agencies and the community.

After the application is finished

When an access application is finalised and the applicant has accessed the documents the documents may be uploaded to the disclosure log, subject to some exceptions.

Section 78A does not apply to documents that contain an applicant’s personal information. This means that if an applicant’s personal information appears anywhere in a document, the document should not be placed on the agency disclosure log. Details on what should be removed from documents placed on a disclosure log are set out below.

Documents may be included in the disclosure log if:

  • an agency has decided to give access to them in response to a formal application under the RTI Act
  • they do not include personal information of the applicant (and any section 78B(1) information has been removed); and
  • they were accessed by the applicant within the access period.

If it is not reasonably practicable to include the document itself (because, for example, the electronic version of the document is too large to be published on the agency’s website) then details identifying the document and information about how that document can be accessed may instead be stated.

Information that must not be included in a disclosure log

Section 78B(1) of the RTI Act requires an agency to remove any information (including an individual's name) from material intended for publication on the disclosure log that:

  • is prevented by law from publication
  • may be defamatory
  • would unreasonably invade an individual’s privacy if it was included in the disclosure log
  • is, or allows to be ascertained, information of a confidential nature that was communicated in confidence by a person other than the agency that is protected from disclosure under a contract; or
  • would cause substantial harm to an entity if it was included in the disclosure log.

Where documents intended for the disclosure log contain this kind of information, 78B(1) requires agencies to either remove the information or not publish the document. Good recordkeeping is an important part of complying with section 78B(1), and agencies need to ensure they record their reasons for not publishing documents on the disclosure log or for redacting information. If an agency commonly decides not to publish certain information in its disclosure log, they should explain this practice in the disclosure log.

Where applications regularly result in the same kinds of redactions/non-publication under section 78B(1), it may be more efficient to develop a pre-publication checklist, identifying the common kinds of information that need to be removed.

Blank pages

There is no public benefit in publishing blank pages. If refusal of access and/or redaction under 78B(1) removes all information from a page or document, agencies do not need to publish them.

To avoid unnecessary queries, agencies should consider including information on their disclosure log pages explaining that where pages are blank as a result of decision-making processes, these pages are not included on the disclosure log.

OIC’s audit of departmental disclosure logs

The Office of the Information Commissioner audited departmental disclosure logs in 2020 and made several recommendations.

Many of these recommendations apply to all agency disclosure logs, including that disclosure logs should be easy to find, easy to use, up-to-date, and useful. They should be readily locatable on websites, and integrate browse, search and/or filter functions. Information should be published promptly and be kept complete and accurate.

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