Noncompliant applications

Where an applicant makes an access applications under the Right to Information Act 2009 (Qld) (RTI Act)1 that is not valid (called a purported application) an agency is required to follow specific steps, giving the applicant a chance to make the application valid. If the applicant does not make their application valid, the agency2 can make a decision not to process the application because it is not valid. This is a reviewable decision.

What is a valid application?

The requirements of a valid application are set out in section 24 of the RTI Act. It must:

  • be in the approved form (see www.rti.qld.gov.au for a copy of the approved form)
  • be accompanied by the application fee3
  • give sufficient information concerning the document to enable an officer of the agency to identify it;
  • state whether or not they are accessing the documents to benefit another entity (the beneficiary) and, if they are, identify the beneficiary4;
  • where the application is for the applicant's personal information, include evidence of ID and, if they have an agent, include evidence of the agent's ID and evidence of authority5; and
  • state an address to which notices may be sent.

Refer to Appendix One for assistance on determining who is the applicant, who is the agent, and who is the beneficiary.

Sufficient information concerning the document to enable an officer of the agency to identify it

An access application must give sufficient information concerning the document to enable a responsible officer of the agency to identify the document. Applicants must describe the documents they want to access with sufficient specificity to allow the decision-maker to identify the documents being applied for, conduct searches for the documents; and make decisions on the documents.

The size of the agency and the way documents are stored and filed (eg centrally versus regionally) will be relevant when making this determination.

For detailed information on assessing the terms of an application to determine if it is valid, please refer to Assessing the Terms of an Access Application.

Remember

The processing period does not commence until the application complies with the requirements of the Act.

What if an application is non-compliant?

An agency must make reasonable efforts to contact the applicant within 15 business days to tell them why their application is non-compliant6 and give them a reasonable opportunity to consult with the agency with the goal of making the application compliant. What is reasonable will depend on the circumstances.

OIC encourages agencies that have received noncompliant applications from applicants in extenuating circumstances, such as prisoners, to consider allowing a minimum of 20 business days. For all other applicants, 15 business days will generally be reasonable if there are no circumstances which could delay the process.

It may be necessary to work with the applicant to make their application compliant, and agencies should consider extending time where it is appropriate to do so. If the applicant does not make the application compliant, the agency can make a decision not to process the application.

  • 1 And the Information Privacy Act 2009 (Qld) (IP Act).
  • 2 In this Guideline, references to an 'agency' also include Ministers, unless otherwise specified.
  • 3 There is no application fee for IP applications.
  • 4 This does not apply to IP applications.
  • 5 Refer to the Evidence of Identity and Authority guideline.
  • 6 Section 33 of the RTI Act.

Appendix One

Who is the applicant?

The applicant is the person who is seeking the document, as per the completed form.  They can never be the same person as the agent or the entity for whose benefit the applicant is applying (the beneficiary).  Generally, the person who pays the application fee will be the applicant.

People completing the application form may be confused about whether they answer the question referring to agents or to beneficiaries if they are applying on someone else’s behalf. If they have put the same details in both sections of the application form you will need to contact them to clarify the situation.

There are a number of possible combinations of agent, applicant and beneficiary:

  • Applicant (individual or company/organisation with a nominated contact person).

Examples

Rory (applicant) applies for access to Amy’s personnel file.

New Dog Magazine (applicant) applies for documents about the Department of Dogs’ State-wide ban on off-leash dog parks. Donna is a journalist employed by the Magazine and the nominated contact person.

  • Applicant (eg individual or company/organisation with a nominated contact person) who intends to benefit another entity.6

Examples

A freelance journalist (applicant) wants to demonstrate to New Dog Magazine that her proposed story is accurate; she applies to the Department of Dogs for access to documents about the number of purebred dogs registered in the last decade, intending to give the documents to the Magazine (beneficiary).

A parent (applicant) applies to the Department of Roads for information about plans to upgrade a road near their children’s school. They intend to give the information they receive to the Parents & Citizens Association (beneficiary).

  • Agent acting on behalf of Applicant.

Examples

Tony (applicant) wants to access his complaint file from the Department of Complaints but he is in hospital. He asks Sandra (agent) to make the application for him and deal with the process.

New Dog Magazine (applicant) intends to sue their competitor and wants access to the Department of Publications’ records. They retain a lawyer (agent) to make the application on their behalf.

  • Agent acting on behalf of Applicant and the applicant has the intention of benefiting another entity.

Example

New Dog Magazine (applicant) retains a lawyer (agent) to apply on its behalf to the Department of Dogs for documents about their ban on off-leash parks. They intend to give any documents they access to the Dog Club (beneficiary) and the local newspaper (beneficiary).

Current as at: March 6, 2018