What is the Freedom of Information (FOI) Act?
The Freedom of Information Act (FOI) gives people the right to access information from Queensland Government agencies, including councils, subject to a number of exemptions to protect public and private interests.
This does not include information that is already available under an existing "access arrangement”, such as council minutes, which are available without applying under FOI.
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How can the Freedom of Information Act help?
The FOI Act has three main aims, which fall into the following categories:
- Availability
Council is required to make available to you documents about its functions and operations. This includes information about its structure, decision-making processes, public participation through boards, councils or committees, and policy documents. You can download some of these documents, such as Council's User Guide to Council Operations (pdf) and Code of Conduct (pdf) documents, for free. You can also ask to see such documents or purchase copies at Council’s Administration Centre.
- Access
The FOI Act also gives you the right to apply for documents, including those about you, held by Council. You can examine and have copies of these documents. You also have rights of appeal if Council does not give you access to documents you want to see.
- Amendment
You can apply for information about your personal affairs to be changed if you believe it is inaccurate, incomplete, out-of-date or misleading.
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What is a 'document' under FOI?
For the purposes of FOI, the term “document” includes files, computer printouts, maps, plans, photographs, tape recordings, films or videotapes and other means of storing information, no matter how old or recent.
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Can I see all documents?
Some documents are exempt under the Act to protect essential public interests or the personal or business affairs of others. Sometimes part of a document may not be available if it contains information which is exempt (e.g. name and address of complainant/s).
If you are refused access to a document or given partial access only, Council must give you written reasons for the decision. Council must also tell you of your rights of appeal.
Documents already publicly available (such as birth certificates, and including those available for a fee), under other legislation, or administrative processes, are not available through FOI.
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What are 'personal affairs' documents?
Personal affairs documents include information on any matter of personal or private concern to an individual such as medical records, family or domestic relationships, income, assets and financial records, but not documents which merely contain a reference to a person.
When you want to see documents containing information about your own personal affairs, you will have to show proof of identity.
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How much will it cost?
There is no application fee to look at documents about your personal affairs. You can also ask for a free copy of these documents.
However, there is an application fee of $38.00 for requests for access to non-personal affairs documents (i.e. complaints made by another person) and other charges for making photocopies, plus special rates for other means of information storage (e.g. video). If the time taken to process your application exceeds two hours, there will be an additional charge of $5.80 per 15 minutes (or part thereof).
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How do I make an FOI request?
Before making an application contact Council on 3412 5910 or 3412 4665 to discuss the information you want to access. You can then make an informed decision about whether you will receive the information and if it is worth paying the application fee (if applicable).
The FOI Act requires that your application be made in writing. You may use an official application form which will be made available to you when you contact Council on 3412 5910 or 3412 4665.
Please remember complainant details (name, address, etc.) are generally not released.
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What happens when access is granted?
Council will let you see the documents, and if you wish, give you a copy (note: for non-personal applications, you will need to pay an application fee - see above). In some cases, another form may be more appropriate, such as listening to a tape recording or watching a video.
If, for some reason, copies of documents cannot be made and sent to you, Council will discuss with you how, when and where you can view the material.
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Can I have documents corrected?
You can apply to Council for correction or amendment of any part of the information about your personal affairs that you believe is inaccurate, incomplete, out-of-date or misleading.
The amendment is made by altering the record or by adding a notation to the document. If Council refuses, or makes different changes, it must inform you of its reasons and your rights of appeal.
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Can other people apply for documents about me?
Most documents concerning your personal affairs will be exempt. However, if the document is not exempt, Council will contact you if it believes the disclosure would be of substantial concern to you.
If Council decides to release any information against your wishes Council must provide you with written reasons as well as your rights to appeal. No documents will be released until you have had the chance to appeal.
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What if I'm not satisfied?
If you are not satisfied with any decision about your application, you have the right to ask for a review.
For instance, you may have been refused access to a whole or part of a document, refused an amendment, or perhaps you are concerned that your personal or business affairs will be disclosed to someone else.
Internal review
The first step is to apply for an internal review within 28 days of being told of the decision. A person senior to the original decision-maker will review your application and inform you of the review decision within 14 days. Reasons will be given if access or amendment is still refused.
External review
If you are still dissatisfied, you can write to the Information Commissioner (Queensland Ombudsman) and apply for an external review. The Commissioner may change or confirm the decision made on your FOI request or try to mediate a settlement between the parties.
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Further information about Council FOI
For detailed information on FOI matters please contact Council on 3412 5910 or 3412 4665. Alternatively, email council@logan.qld.gov.au.
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