Refusal to deal - Previous application for same documents

Overview

Under the Right to Information Act 2009 (Qld) (RTI Act) Queensland government agencies¹ can refuse to deal with applications for access to documents or amendment of personal documents if the applicant has previously applied for the same.

Where an applicant has already applied for the documents

Section 43 of the RTI Act enables an agency to refuse to deal with an access application (or part of an application) if:

• the applicant has previously made an access application to the agency
• that application was not taken to have been withdrawn under sections 42(4) of the RTI Act
• the applicant makes a new application to the same agency for access to one or more of the same documents applied for under the first application; and
• the applicant does not give a reasonable basis for applying again.

Section 78P of the RTI Act enables an agency to refuse to deal with an amendment application (or part of an application) in the same way, if the first application was not taken to have been withdrawn under section 78O(4) of the RTI Act.

While the new application must cover the same documents previously applied for, it does not need to be phrased identically to the previous application. As set out in T95 and Queensland Police Service:²

the previous application was for documents relating to ‘an examination authority’. The later application was for documents relating to ‘execution of involuntary order to the mental health board’. Based on the subject matter of the applications and the documents located in the first application, the Commissioner was satisfied that the scope of the later application captured the same information requested in the first application.

The first application can still be active, i.e., the decision not yet issued, when the agency refuses to deal with the second application.

What if the second application is a mix of new documents and previously applied for documents?

An agency can only refuse to deal with an application to the extent it seeks access to or amendment of the documents previously applied for. If part of the application is for new documents and part is for previously applied for documents, the agency can refuse to deal with those parts that are the same as the previous documents and deal with the rest of the application.

What if the first application went to, or is on, review?

An agency can refuse to deal with a later application for the same documents even if the first application was, or currently is, the subject of a review.⁴

What is a reasonable basis for reapplying?

Each agency must determine whether any grounds for reapplying given by the applicant are reasonable, however these could include a change in circumstances that will impact the documents. For example, if access was previously refused because the release would prejudice an ongoing investigation which is now finalised, the fact that the investigation is finalised would be a reasonable basis for reapplying.

Other reasons could include the loss or destruction of the documents, a change in family relationships or family circumstances that could alter the weighting of the public interest factors, expiry of a confidentiality clause, or the applicant having new information.