Right to Information & Information Privacy
Helpful information to assist you with finding 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.
Council is committed to provide access to information held by our agency, unless on balance it is contrary to the public interest to provide that information.
The object of the RTI Act is to give a right of access to information in the government's possession or under the government's control, unless, on balance, it is contrary to the public interest to give the access. Section 23 of the RTI Act gives a right of access, subject to certain limitations set out in the RTI Act, to documents of an agency and documents of a Minister.
The Information Privacy Act 2009 (IP) deals with applications for personal information.
The object of the IP Act is to provide the fair collection and handling in the public sector environment of personal information; and a right of access to, and amendment of, personal information in the government’s possession or under the government’s control unless, on balance, it is contrary to the public interest to give the access or allow the information to be amended.
Administrative access refers to the release of information by means other than a formal access application under the RTI or IP Acts. The administrative access scheme is designed to give individuals access to their own personal information, except where legislation prevents such release.
Anyone can apply for access to information under the administrative access scheme. However, there is no guarantee that access will be given. In most cases the administrative access scheme will be used by applicants who require access to their own personal information.
Applications should be made in writing, by email, in person or by post. Applications must include the applicant’s full name, contact details and provide details about the information that is being requested. Applications for copies of the applicant’s own personal information must be signed and email requests must include a scanned attachment containing the applicant’s signature. The applicant will also need to provide either original or certified copies of identification documents (i.e. Driver’s licence, passport).
Council has the right to refuse access under the administrative access scheme, and if appropriate, refer enquiries to the more formal RTI Act or IP Act processes.
How can the RTI and IP Acts help?
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.
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.
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.
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.
Information on Logan City Council's committment to The Information Privacy Act 2009 is available on our Privacy page.
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?
|Application Type||Act||Application Fee||Proof of Identity Required||Processing Fees||Timeframe for Decisions|
|Personal Information||Information Privacy Act||Nil||Yes||Nil||25 Business Days|
|Non-Personal Information||Right to Inforrmation Act||$49.70||No||If more that 5 hours spent processing application a charge of $7.70 for each 15 minutes spent (previously $7.45 at 30.06.18)||25 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. Before entering the application process, it is best to check whether the information required is accessible via administrative or other means (e.g. through Council’s publication scheme). If so, an application under the RTI Act 2009 or IP Act 2009 should not be lodged.
Applications under the RTI Act 2009 and IP Act 2009 are made by completing the Information Access Application form, you can download the form here. For further information please download Council's fact sheet here.
The application may be lodged and paid via any of the methods listed below. To ensure the security of your credit card details, please do not include credit card details on the Information Access Application form.
In person at one of Council's customer service centres located at Logan Central, Jimboomba or Beenleigh. Payments can be made in cash, via cheque, money order or using EFTPOS
Via email to Council@logan.qld.gov.au. Payment can be made via:
By post to Logan City Council, PO Box 3226, Logan Central QLD 4114. Payment can be made via:
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
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
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.
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.
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)
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:
- 2018/2019 Disclosure Log
- 2017/2018 Disclosure Log
- 2016/2017 Disclosure Log
- 2015/2016 Disclosure Log
- 2014/2015 Disclosure Log
- 2013/2014 Disclosure Log
- 2012/2013 Disclosure Log
- 2011/2012 Disclosure Log
- 2010/2011 Disclosure Log
- 2009/2010 Disclosure Log
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.