Right to Information
On this page:
- What is the Right to Information?
- Where do I find information?
- Disclosure log
- Limitations on access
- Amending personal details in documents
- Publication scheme
- How can the RTI and IP Acts help?
- What is a 'document' under RTI and IP?
- Can I see all documents?
- What are 'personal information' documents?
- How much will it cost?
- How do I make a RTI or IP request?
- What happens when access is granted?
- Can other people apply for documents about me?
- What if I'm not satisfied?
- Further information about Council RTI and IP
Previously known as Freedom of Information (FOI). On 1 July 2009 the old Freedom of Information Act 1992 was replaced by two pieces of legislation. These are the Right to Information Act 2009 (RTI) and the Information Privacy Act 2009 (IP). The RTI deals with applications for non-personal information and IP deals with requests for personal information and amendments of personal information.
The Right to Information is the Queensland Government's approach to giving the community greater access to information. This approach is provided for in the Right to Information Act 2009 (RTI). For more background information about the government's approach and details about the new legislation please visit the RTI Queensland Government website.
The Queensland Government made a commitment to provide access to information held by the government, including Councils, unless on balance it is contrary to the public interest to provide that information.
The Right to Information aims to make more information available, provide equal access to information across all sectors of the community, and provide appropriate protection for individual privacy.
This does not include information that is already available under an existing "access arrangement", such as council minutes, which are available without applying under RTI.
If you are looking for information about how Logan City Council operates, a good starting point is the Publication Scheme (PDF 888 KB) which sets out key information and how it can be accessed.
Another source of information is Council's Disclosure Log. The Disclosure Log describes the documents that have been provided in response to requests for information under the RTI since 1 July 2009. Once released, these documents are available to everyone. Having said that, care still needs to be taken when re-publishing information from the Disclosure Log as the defamation and breach of confidence laws may apply.
RTI commenced on 1 July 2009. Documents released to applicants under the Act will be progressively published via Council's disclosure log.
The Disclosure Log (PDF 8 KB) lists details of the requests made in the current financial year and the information provided in response to those requests, but does not include identifying details of the applicants.
Previous financial year disclosure logs are available below:
- 2011/2012 Disclosure Log (PDF 12 KB)
- 2010/2011 Disclosure Log (PDF 16 KB)
- 2009/2010 Disclosure Log (PDF 24 KB)
Should you have any questions or wish to obtain a copy of the released documents, please contact Council's Research and Project Officer from the Governance branch.
Please provide the following information when contacting Council:
- your request for the relevant disclosure log documents
- the application number as a reference
- your email or postal address.
There may be access limitations to information held by Council, for example that involve operational and investigation documents. This does not mean that an application to access such information cannot be made. To obtain access to documents relating to a particular investigation, the documents must consist of information about the applicant and the investigation must be finalised. It is possible that parties not involved in an investigation may not be able to access investigation files. This is about making applicants aware that there are exemption provisions that may apply to applications for access to information held by Council.
Under the IP Act, you may apply to amend documents containing personal information where you believe that the information is inaccurate, misleading, out of date or incomplete.
Please contact the Research and Project Officer, Governance branch on 07 3412 3412.
Section 21 of the The Right to Information Act 2009 requires Council to have in place a Publication Scheme (PDF 888 KB). The purpose of this document is to present, in a consolidated, user-friendly form, a comprehensive overview of Council's organisation, its relationship to the community and the various avenues for public access to Council's administrative and political processes.
If you are having difficulty accessing the above link to the PDF version of the Publication Scheme, the scheme is available for viewing at all of Council's libraries and the City Administration Centre. A hardcopy can be mailed to you at a fee of $0.50 per printed page; $46.50 for a complete single-sided copy, $23.50 for double-sided.
The RTI and IP Acts have three main aims, which fall into the following categories:
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 the Publication Scheme (PDF 888 KB) and Staff Code of Conduct (PDF 1134 KB) documents, for free. You can also ask to see such documents or purchase copies at Council's Administration Centre.
The RTI and IP Act give 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.
You can apply to have documents concerning your personal information changed if you believe it is inaccurate, incomplete, out-of-date or misleading.
For the purposes of RTI and IP, 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.
Some documents are exempt under these Acts to protect essential public interests or the personal or business information 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 RTI or IP.
Personal information 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.
When you want to see documents containing information about your own personal information, you will have to show proof of identity.
|Application Type||Act||Application Fee||Proof of Identity Required||Processing Fees||Timeframe for Decision||Timeframe for Consultation (if required)|
|Personal Information||Information Privacy Act||Nil||Yes||Nil||25 business days||+10 days|
|Personal Information (acting on behalf of another person)||Information Privacy Act||Nil||Yes (from both parties)||Nil||25 business days||+10 days|
|Non-Personal Information||Right to Information Act||$40.50||Nil||If more than 5 hours spent processing application a charge of $6.00 for each 15 minutes spent||25 business days||+10 days|
|Mixed Application (both non-personal and personal Information)||Right to Information Act||$40.50||Yes||If more than 5 hours spent processing application a charge of $6.00 for each 15 minutes spent||25 business days||+10 days|
|Business Information||Right to Information Act||$40.50||Nil||If more than 5 hours spent processing application a charge of $6.00 for each 15 minutes spent||25 business days||+10 days|
|Amendment of personal information||Information Privacy Act||Nil||Yes||Nil||25 business days||Not applicable|
Before making an application, contact Council 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 RTI and IP Acts 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.
Please remember that complainant details (name, address, etc.) are generally not released.
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.
Most documents concerning your personal information 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.
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 information will be disclosed to someone else.
You have the options of applying for an:
A person more senior to the original decision-maker will review your application and inform you of the review decision within 20 business days, including reasons as to why the original decision is affirmed, modified or overturned.
You can also write to the Information Commissioner and apply for an external review. The Commissioner may change or confirm the decision made on your RTI or IP request or try to mediate a settlement between the parties.
For detailed information on RTI or IP matters please contact Council.