Timeframes for noncompliant and other defective applications

Under the Right to Information Act 2009 (Qld) (RTI Act)¹, agencies² have specific timeframes in which actions must be undertaken and decisions must be made. One of these is the processing period.

What is the processing period?

The processing period is the time an agency has to give an applicant a reviewable decision.³ It is 25 business days long.⁴

When does the processing period begin?

The processing period begins on the next business day after an application is received by an agency,⁵even if the application does not comply with all legislative requirements, ie it is defective.⁶  Examples of an application being defective are:

• not complying with the application requirements in section 24 of the RTI Act, ie being noncompliant⁷
• being solely for documents outside the scope of the Act, ie for schedule 1 and/or schedule 2, part 2 documents⁸
• including some documents outside the scope of the Act in its scope, ie a mixed application⁹
• for an IP Act application, not being limited to documents containing the applicant's personal information.¹⁰

When managing a defective application, it can be helpful to think of the processing period that begins when it's received as the initial processing period, because the processing period will begin again as soon as the defects are rectified, as if the application had been 're-presented' to the agency.

How do you manage a defective application?

Agencies must follow the process set out in the Act for dealing with the specific defect or defects in the application, including giving the applicant whatever reasonable opportunities the Act requires.

It's important to remember that there is no requirement to give the applicant formal notices or letters when communicating with them about the defects in their application. When dealing with more than one defect, the issues can be combined into a single communication. File notes and/or following up in writing is recommended, but where possible, making contact by phone or, if not appropriate, email, will hopefully speed up and deformalise the process.

If the defect can be rectified, and the applicant rectifies it before the end of the initial processing period, the processing period will begin again from day one¹¹ on the next business day after the applicant rectifies the defect. If the application had more than one defect, it will begin again from day one on the next business day after the applicant has rectified all the defects.

Note that when considering which documents are in scope of an application, it will be documents that existed on the day the application was received, not the day the defects were rectified.¹²

For more information refer to Managing noncompliant applications, Applications made under the wrong Act, and Applications outside the scope of the Act.

Can you ask for an extension in the initial processing period?

Agencies can request extra time under section 35 of the RTI Act, as long as the request is made before the end of the processing period or the end of any previously requested extension.

It is important to be aware of the applicant's circumstances and any delays they may cause, for example when communicating with prisoners, and ask for extensions where appropriate.

What if the applicant won't rectify the defect?

If the applicant won't rectify the defect, the agency must give them a reviewable decision under the relevant section of the Act before the end of the initial processing period (or any extension).

For example, if the application was noncompliant because the applicant refused to provide certified ID for an application that included their personal information, the agency would make a decision to refuse to deal with the application because it did not comply with all relevant application requirements.

What if they don't rectify and you don't issue a decision in time?

By the end of the initial processing period (or any extension) either:

• the applicant must have rectified the defect or defects (recommencing the processing period); or
• the agency must have issued a reviewable decision under the relevant section of the Act that governs that defect or defects.

If neither of these happen, the agency will be deemed to have made a decision under section 46 of the RTI Act, refusing access to the documents applied for.¹³

What about defects that can't be rectified?

An application that is only for documents outside the scope of the Act cannot be rectified and agencies need to follow the process in section 32 of the RTI Act.

If they fail to do so, and the applicant is not given a reviewable decision before the end of the processing period, the agency will be deemed to have refused access to the documents.

Refer to Applications outside the scope of the Act for more information.

What if the application isn't defective?

The processing period starts on the next business day after the application arrives and the agency can simply process it, ensuring they give the applicant a reviewable decision before the end of the processing period or any extension.