Post-application documents

Under the Right to Information Act 2009¹ (Qld) (RTI Act), people have the right to apply to an agency² for access to documents. This right only extends to documents and information³ that exist on the day an application is received,⁴ regardless of whether the application complies with all legislative requirements.⁵

Agencies have the discretion to give access to other documents created after the valid application was received, but these are called post-application documents.⁶

What is a post-application document?

A post-application document:

• is a document that did not exist or was not in the possession or control of the agency on the day the agency received the valid application; but
• is not one of the documents the RTI Act specifically allows an agency to create after receiving the valid application.

Agencies are not required to give an applicant a post-application document, but in some circumstances they may wish to do so, for example where a specifically relevant document arrived in the agency shortly after the date of the application.

There are no requirements for how an agency gives access to post-application documents, however:

• an agency cannot charge for a post-application document; and
• an applicant has no review rights in relation to a post-application document.⁷

What is not a post-application document?

Section 68 of the RTI Act provides for agencies to give access by creating written documents from:

• words recorded in the form of sound
• words in the form of shorthand or code; or
• information not contained in a written document, eg electronic databases, but only if a written document can be created using equipment ordinarily available to the agency.

A written document created under section 68 is not a post-application document. Refer to Providing access to documents for more information on section 68 of the RTI Act.

Providing access to post-application documents

Agencies have the discretion to give post-application documents to an applicant, but unless the applicant agrees, post-application documents cannot be provided instead of documents in scope of the application.

Where the agency believes an applicant's scope could be satisfied by a post-application document, for example where they are seeking statistical data that does not exist but could be compiled, the agency could contact the applicant to discuss providing a post-application document.

When taking this approach, the decision maker should:

• Contact the applicant to see if they will accept post-application documents in place of all or part of their application. Where post-application documents will be an extra, rather than a substitute, the applicant's agreement is not necessary, but they should be clearly marked and their presence explained in the decision letter.
• If the applicant agrees to accept post-application documents in place of all or part of  their application, confirm they will withdraw their application or amend their scope, whichever is appropriate.
• Ensure the applicant understands there is no charge for post-application documents but that there are also no review rights.
• Make a file note of the conversation with the applicant and/or confirm the conversation in writing.