Under the Right to Information Act 2009 (RTI Act), anyone can apply to access documents of Queensland government agencies. Under the Information Privacy Act 2009 (IP Act), individuals can apply to access or amend documents that contain their personal information.
There are some limitations, however, and some documents are excluded from the Acts.
What is an RTI processing file?
When you apply to an agency under the RTI or IP Act, the agency opens a file, referred to as an RTI processing file. This file contains the documents created as part of processing your application.
Can I apply for my RTI processing file?
No. RTI processing files are excluded from the Acts1 and cannot be applied for. This was decided by the Commissioner,2 based on a Queensland Civil and Administrative Tribunal decision.3
If there was an internal review of the decision made on your application, this also applies to internal review files and they cannot be applied for.
Can I apply for someone else's RTI processing file?
No, the same rules apply to someone else's RTI processing file.
- 1 Under schedule 2, part 2, item 7 of the RTI Act, which also applies to the IP Act.
- 2 T71 and Queensland Police Service [2022] QICmr 10 (4 March 2022).
- 3 Carmody v Information Commissioner & Ors (5) [2018] QCATA 18, applying commentary of Hoeben J.
Current as at: April 12, 2022