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Right to Information & Information Privacy

Helpful documents to assist you with finding information and accessing documents from Council.

Right to Information

The Right to Information Act 2009 (RTI) deals with applications for non-personal information.

The Right to Information has a positive bias in favour of giving the community greater access to information. For more information see the Office of the Information Commissioner Queensland's website.

The Queensland Government is committed 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 Act aims to make more information available, enables any person to apply to access information and at the same time provides appropriate protection for individual privacy.

Information Privacy

The Information Privacy Act 2009 deals with requests for personal information. It also provides protection of personal information collected and held by Council by providing rules for what Council must do with personal information.

Limitations on access

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.

How can the RTI and IP Acts help?

The RTI and IP Acts have 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 the Publication Scheme and Staff Code of Conduct documents, for free. You can also ask to see such documents or purchase copies at Council's Administration Centre, noting that the Publication Scheme is not available in hard copy format.

Access

The RTI and IP Acts give you the right to apply for documents, including those about you that are held by Council. You can examine and have copies of these documents. You also have the right to review Council's decision if it will not grant you access to the documents.

Amendment

You may apply, under the IP Act to amend documents containing your personal information that Council holds, where you believe that the information is inaccurate, misleading, out-of-date or incomplete.

What is a 'document' under the RTI and IP Acts?

For the purposes of these Acts, the term 'document' includes emails, files (both electronic and hard copy), computer printouts, maps, plans, photographs, tape recordings, films or videotapes and other means of storing information, no matter how old or recent.

Can I see all documents?

Some documents are exempt under the Acts in order to protect the public interest 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 its decision. Council must also tell you about your rights to have the decision reviewed.

Documents already publicly available (such as birth certificates, and including those available for a fee), under other legislation, or administrative processes, may not be available through RTI or IP.

How much will it cost?

Please note that a merchant fee of 0.5% will need to be added to the below charges if you pay by credit card.

Application TypeActApplication FeeProof of Identity RequiredProcessing FeesTimeframe for Decisions
Personal InformationInformation Privacy ActNilYesNil25 Business Days
Non-Personal InformationRight to Inforrmation Act$48.00NoIf more that 5 hours spent processing application a charge of $7.45 for each 15 minutes spent25 Business Days

How do I make an RTI or IP application?

Before making an application, contact the Administrative Review & Ethics Program on (07) 3412 3412 to discuss the information you wish to access. You can then make an informed decision. The ARE team can send you the application form as well helpful information on the legislative process.

What happens when access is granted?

Council will let you see the documents or more usually will send you copies of the documents.

Can other people apply for documents about me?

Yes, although documents containing your personal information will be exempt under both Acts. However, if the document is not exempt, Council will contact you if it believes the disclosure would be of concern to you.

If Council decides to release any information that you have asked the Council not to disclose and given your reasons, Council must provide you with its decision and advise your rights to have the decision reviewed.

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 or perhaps you are concerned that your personal or business information will be disclosed to someone else.

Options of applying

Internal review

A person in a more senior role to the original decision-maker will review your application and inform you of their decision within 20 business days, including reasons; or

External review

You can apply to the Information Commissioner for an external review of Council's decision. The Commissioner may change or confirm the decision made on your RTI or IP request.

Amending personal details in documents

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 Council's Administrative Review and Ethics Program on (07) 3412 3412.

Where do I find information?

If you are looking for information about how Logan City Council operates, a good starting point is the Publication Scheme 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 Act 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 defamation may apply.

Publication Scheme

Section 21 of the Right to Information Act 2009 requires Council to have in place a Publication Scheme. The purpose of this is to present in a user-friendly way, a comprehensive overview of Council's organisation, its relationship to the community and the various means for access to Council's administrative and political processes.

Please click on the link for Council's Publication Scheme (not available in hard copy format)

Disclosure Log

The Disclosure Log lists details of the requests that have been made since 2009 and the information provided in response to those requests. It does not include identifying details of the applicants.

Disclosure Logs are available below:

Should you have any questions or wish to obtain a copy of the released documents, please contact Council's Administrative Review and Ethics Program on (07) 3412 3412.

Further information about RTI and IP

For detailed information on RTI or IP matters please contact the Administrative Review & Ethics Program on (07) 3412 3412.