Charging for applications received before 1 July 2021

The fees and charges for applications made under the Right to Information Act 2009 (RTI Act) changed on 1 July 2021.1 The application fee increased from $51.70 to $52.60 and the processing charge from $8.00 to $8.15 for each fifteen minutes or part thereof.

Applications received before the new fees and charges came into effect

Applications received by an agency before the new fees and charges came into effect on 1 July 2021 will be charged at the old rates. This will be the case for both compliant and non-compliant applications.2

Compliant applications received before 1 July 2021 are charged at the old fee structure because the RTI process began before the Right to Information Regulation 2009 was amended to provide for the new fees and charges.

Non-compliant applications received before 1 July 2021 are also charged at the old fee structure because the RTI Act sets out a specific process to be followed by an agency on receipt of a non‑compliant application. The process for responding to non-compliant applications begins when it is received by the agency and, as such, the old fee structure will apply.

For example, a non-compliant application is received by an agency on 25 June 2021 and it is non-compliant because the applicant did not pay the application fee.  The applicant would make the application compliant by paying $51.70.  Once the application was made compliant, the processing of it would be charged at $8.00 per fifteen minutes.

  • 1 See Justice Legislation (Fees, Allowances and Other Amounts) Amendment Regulation 2021
  • 2 Section 20(2)(c) of the Acts Interpretation Act 1954 (Qld) provides that the amendment of an Act does not affect the Act’s previous operation or anything which was begun under the Act before the amendment.