This Guideline explains the concept of administrative access to information and how it supports proactive disclosure of information. It also identifies the type of information most suited to release under an administrative access scheme, and the considerations which should be taken into account in providing such information. The Guideline identifies circumstances when it is more appropriate that requests for information be made under the Right to Information Act 2009 (Qld) (RTI Act) or the Information Privacy Act 2009 (Qld) (IP Act).
The RTI and IP Acts require government agencies to make information available to the public unless there is a good reason not to. Government-held information should, where possible, be given through informal means like an agency's website, publication scheme, or through administrative release.
A formal application for government-held information under the RTI or IP Act should only be made as a last resort.1 Therefore agencies2 need to assess whether additional or enhanced administrative access schemes can help to reduce the need for formal applications under the RTI or IP Act.
‘Administrative access’ refers to the release of information by means other than a formal access application under the RTI or IP Acts.
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. This Guideline focuses on reactive release following a specific request. Proactive release is discussed in more detail in the Guideline Proactive disclosure and publication schemes.
Administrative access:
Administrative release is a discretionary process but the framework for release is based on the same philosophy underpinning the RTI and IP Acts. Administrative access schemes are often designed to give individuals’ access to their own personal information3, 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 privacy principles.4
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. The Information Sheet Accessing my medical records contains more information.
Where it is decided that information cannot be released administratively, the person requesting it should be advised that they can apply for access under the RTI or IP Acts.
The RTI and IP Acts establish a formal process for agencies to follow when deciding whether to grant access to information. When processing RTI and IP access applications, agencies are required to consider factors such as:
These Acts also provide specific processes in relation to matters such as:
In addition to providing access under an administrative arrangement, some agencies provide access to information under specific legislation. For example, access is available, either free or for a minor charge, to information contained in the:
Agencies regularly provide information in response to requests from the public, other agencies and the media – for example, statistical data and reports from agencies’ research and policy areas. In many cases, this information will also be published online.
This routine release of information is consistent with the pro-disclosure principles in the RTI Act. However, agencies should ensure that, regardless of the nature of the request, information is provided in accordance with the appropriate agency policies which: take account of the content of the document; its security classification and factors supporting release or withholding of information; and that release of the information is approved by the relevant delegate within the agency. This applies particularly where documents have not previously been published or released.
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:
The framework should:
Administrative access is appropriate where any of the following apply:
As a general rule, the sorts of documents that may be suitable for administrative release include those:
Potential benefits of administrative access schemes include:
Individuals who are not provided with any or all of the information they have requested administratively may still apply under the RTI or IP Acts for access to that information.
The Department of Education, Training and Employment has implemented an administrative access scheme to provide a means of access to documents held by schools, for example, student records. The framework describes the types of documents held by schools and indicates whether access to the documents may be given administratively. It also guides Principals through the process of handling requests by providing guidance on special matters that the Principal needs to take into account in deciding whether to give a person access to documents and offers details on how to make an application for access, including an Administrative Access Form.
A comprehensive administrative access scheme provides many benefits, as outlined above, but it also raises potential risks, such as:
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.
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.6
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.7
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 or the IP 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.8
If an agency receives an application which is stated to be made under the RTI or IP Acts, but which covers documents to which the applicant would obtain full access under an administrative access scheme, the applicant should be advised of this fact. If the applicant agrees, the application can be withdrawn and access given through an administrative access scheme, rather than going through the formal RTI process.
If the requested document would not be disclosed in full under the administrative release scheme then the application should be dealt with under the RTI or IP Acts.
If the reverse happens, and an agency receives a request for administrative access to information which would more appropriately be handled through the formal process, the applicant should again be contacted and be advised to apply under the RTI or IP Acts.
Agencies will need to develop polices to verify the identity of individuals where access to documents containing the individual’s own personal information is being sought. These measures may vary depending on the information being sought and the extent to which agencies have personal contact with applicants.
In developing policies agencies should consider what identification documents are acceptable, what certification is required, how identification documents will be received by the agency (e.g. via post, fax or email) and how to ensure compliance with the privacy principles relating to the collection of personal information.
In most cases, there will be no review rights if an agency refuses access under administrative schemes, other than through the agency’s complaints handling systems. If a person is dissatisfied with the agency’s response to their administrative request for information, the agency should advise the person of their right to apply for access to the information under the RTI Act or IP Act.
Promoting administrative access schemes can improve customer service, reduce formal RTI and IP applications and encourage open, transparent and accountable government. OIC regularly audits agency websites and finds that agencies should improve the visibility of administrative access schemes on their website to facilitate access.
Strategies for promoting administrative access schemes include:
The operation of administrative access schemes and any opportunities for new schemes should be reviewed on a regular basis.
Strategies for maintaining administrative access schemes include:
The following lists some administrative access schemes currently operating in agencies. They apply across a wide range of agencies and cover a diverse range of documents. While the schemes differ in their detail, they consistently provide a vast amount of information outside of legislative access schemes.
Hospital and Health Services – requests for access to an individual’s own health record.
Legal Aid Queensland (LAQ) – requests for access to an individual’s own legal files if LAQ has acted as their solicitor.
Department of Education Training and Employment – requests from students and parents for access student records held by schools.
Department of Housing and Public Works – requests from applicants, former applicants, tenants and ex-tenants of the department for access to specified parts of their tenancy file.
Queensland Police Service – requests for access to court briefs, criminal history information, crime reports and traffic incident reports.
The Public Trustee – requests for information relating to Enduring Powers of Attorney, free Wills, investment, executor and financial administration services.
Please contact the relevant agency if you have queries about their administrative access schemes.
The Office of the Information Commissioner (OIC) promotes open government and can assist agencies:
This checklist is designed to assist agencies to identify information that may be suitable for administrative access, implement an administrative access scheme and monitor performance.
Administrative Access Checklist | Yes | No |
Know your information holdings | ||
Information holdings are described in a complete and up-to-date information asset register.9 | ||
Information holdings which include personal information or other sensitive material have been identified and appropriately classified.4 | ||
Information can be extracted and made available in accessible formats.10 | ||
Metadata describes information holdings in a manner which is meaningful to external stakeholders.11 | ||
Third-party information is licensed for electronic distribution.12 | ||
Publication schemes, disclosure logs and existing administrative access schemes are reviewed to identify key information holdings already available.13 | ||
Any charges for administrative access to information are regularly reviewed.14 | ||
Know the needs of your information stakeholders | ||
Community engagement strategies seek input on stakeholder’s information requirements.15 | ||
Frontline staff are engaged in identifying frequent information requests. | ||
Right to Information and Information Privacy applications are analysed to identify common information requests. | ||
Website usage statistics, phone and e-mail contacts data is analysed to identify frequent information requests.16 | ||
Agency communications and media units are consulted on frequent information requests and proactive information campaigns. | ||
Establish administrative access | ||
Projects for the development of administrative access schemes are identified in information management planning. | ||
Quality assurance is conducted based on an assessment of risk.17 | ||
Appropriate terms and conditions are applied to the use of information accessed administratively.18 | ||
Administrative access schemes are approved through appropriate governance arrangements. 19 | ||
Promote and monitor administrative access | ||
Administrative access is given prominence on the agency website.20 | ||
Frontline staff are well informed about administrative access available and are able to assist the public in requesting access.21 | ||
Performance data on volume, timeliness, cost, user satisfaction and complaints is included in executive management reports and the agency’s annual report. 22 | ||
The operation of administrative access schemes and the opportunities for new schemes is reviewed on a regular basis |
Current as at: August 2, 2022