New Legislation in force from 1 July 2009
The new Right to Information Act 2009 and Information Privacy Act 2009 take effect from 1 July. This legislation replaces the Freedom of Information Act 1992.
What is Right to Information?
The new Right to Information Act 2009 gives people a legally enforceable right to access information held by government agencies - including local government. This Act encourages ‘agencies’ to give access to government documents unless it is contrary to the public interest.
What is a Document?
You can ask for documents held by Redland City Council. Under the Right to Information Act 2009 a document can be:
- paper files
- microfiche
- printouts
- computer records
- visual material (e.g. films, photographs)
- audio-visual recordings (e.g. tapes or electronic recordings)
Access to documents may be provided by:
- Inspection of documents
- Photocopies
- Electronic files (provided in PDF format on CD or via email if file size allows).
What Information May be Exempt from Release?
The aim of the Right to Information Act is to create a ‘push’ model for access to government documents. However, the Act also recognises that competing interests need to be balanced.
Some of the more common examples of information that would not be released are given below. Information about these matters will usually not be released unless its disclosure would be, on balance, in the public interest.
Information would be likely to be exempt from release if it could reasonably be expected to:
- prejudice a current Council investigation of the possible contravention of a local law
- endanger a person’s life or result in a person being subject to serious harassment or intimidation
- endanger the security of a building or facility
- be subject to legal professional privilege
- be of substantial concern to a third party – in this case, the third party would usually be consulted by the Right to Information team to seek their view on its release.
Probably the most common exemption from release for Council is where it would disclose information concerning the personal affairs of another person. Examples of information that usually concerns a person’s personal affairs include:
- personal details like date of birth or height, signature, home address or telephone number, personal income;
- family relationships, personal relationships with other people;
- information on the pets that they own.
A typical example of when personal information would be released in the public interest is when a person’s dog has been proven to have caused injury or damage to another person or their property, and the injured person seeks the name and address of the animal’s owner so they can pursue action to gain compensation.
1. What is Personal affairs?
‘Personal affairs’ in the context of right to information, relates to the private aspects of a person’s life, and does not usually include employment, business or professional affairs. The information sought must be about the personal affairs of the applicant, and not just relate to an issue of concern to the applicant.
Example of personal affairs……
- The most common personal affairs application received by Council is from people requesting information about complaints made about them or their activities on their private residential property by other parties. Because this relates to their personal affairs, no application fee or processing charges apply.
Our most common exemption from release for Council is where it would disclose information concerning the personal affairs of another person. Examples of information that usually concerns a person’s personal affairs include:
- personal details like date of birth or height, signature, home address or telephone number, personal income;
- family relationships, personal relationships with other people;
- information on the pets that they own.
A typical example of when personal information would be released in the public interest is when a person’s dog has been proven to have caused injury or damage to another person or their property, and the injured person seeks the name and address of the animal’s owner so they can pursue action to gain compensation.
2. What is non-Personal affairs?
If you are asking for documents which do not relate to your own personal information.
Example of non-personal affairs……
- An application for access to a report on road resurfacing near the applicants’ home that was prepared by Council officers does not relate to an applicant’s personal affairs and would therefore attract an application fee and possibly processing charges as well. It may have an effect on the applicant but is not related to their own personal affairs).
3. What is a mixed application?
An application requesting both ‘personal’ and ‘non-personal’ documents will be classed as a ‘mixed application’ and will attract the application fee and possible processing charges.
4. What is business affairs?
If the applicant is lodging an application as a business owner or applying on behalf of a business, a club, association or other organisation, this is classed as ‘business affairs’.
Examples of business affairs…
- Applications that relate to rental properties owned by the applicant are considered to relate to their ‘business affairs’ and will attract the application fee and possible processing charges.
Applications for amendment of personal information
Note: under Chapter 8, Section 202 of the Information Privacy Act 2009, Local Government is not required to fully comply with this Act (other than Chapter 3), until 1 July 2010.
The Information Privacy Act 2009 provides the right for people to access and request amendment of personal information held by Council if they consider it to be inaccurate, incomplete, out-of-date or misleading, unless, on balance, it is contrary to the public interest to allow the information to be amended.
Under the Act (Chapter 3) Personal Information is described as “information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.” Applications for amendment of personal information are free.
Application Types, Fees and Timeframes
|
Application Type
|
Act
|
Application Fee
|
Proof of Identity Required
|
Processing Fees
|
Timeframe for Decision
|
Timeframe for Consultation (if required)
|
| 1. Personal Affairs |
Information Privacy Act |
Nil |
Yes |
Nil |
25 business days |
Not applicable |
| 1.(a) Personal Affairs (acting on behalf of another person) |
Information Privacy Act |
Nil |
Yes (from both parties) |
Nil |
25 business days |
Not applicable |
| 2. Non-Personal Affairs |
Right to Information Act |
$38 |
Nil |
First 5 hours free then $5.80 per each 15 minutes spent |
25 business days |
+ 10 business days |
| 3. Mixed Application (both non-personal and personal affairs) |
Right to Information Act |
$38 |
Yes |
First 5 hours free then $5.80 per each 15 minutes spent |
25 business days |
+ 10 business days |
| 4. Business Affairs |
Right to Information Act |
$38 |
Nil |
First 5 hours free then $5.80 per each 15 minutes spent |
25 business days |
+ 10 business days |
| 5. Amendment (of personal information) |
Information Privacy Act |
Nil |
Yes |
Nil |
25 business days |
Not applicable |
Evidence of identity
You must provide evidence of your identity with your application or within 10 business days of making your application in order for your application to be processed. If you are not seeking any personal information, you are not required to provide evidence of your identity.
Sufficient identification includes one of the following:
(a) Current driver’s licence
(b) Passport (identifying page of current passport)
(c) Birth Certificate (or extract)
(d) Copy of prisoner’s identify card certified by a corrective services officer
(e) Statutory declaration of an individual who has known the applicant for at least one year
Lodging your application:
- In person – produce the original identification document for the Customer Service Officer/Right to Information Officer to sight.
- By post – attach a certified copy* of your identification document to your application
- By email or fax – provide a certified copy* of your identification
* witnessed by a lawyer or notary public, a commissioner for declarations or a justice of the peace
Publication Scheme
The Right to Information Act 2009 requires agencies to operate a ‘publication scheme’. Under the old Freedom of Information Act this was referred to as a ‘Statement of Affairs’
The ‘publication scheme’ must set out the classes of information that the agency has available and the terms on which it will make the information available (including any charges). Examples include the operations of Council, particularly its structure, functions, policies, rules and practices and the types of documents published and available to the public.
General Information
Documents already available under other legislation or process:
People cannot use the Act to gain access to documents where the same access is already available under another piece of legislation or process, even if a fee or charge applies.
An example of this is under the Integrated Planning Act, people can apply for access to copies of approved building plans and development approvals subject to paying the required fee, therefore an application for the those documents would be refused.
Waiver of Application Fee
The application fee cannot be waived, however processing and access charges can be waived due to financial hardship – this only applies if the applicant is the holder of a concession card or is a non-profit organisation in financial hardship.
Questions?
E-mail us at foi@redland.qld.gov.au or telephone us on ph 3829 8718, 3829 8594, or 3829 8562 to make an enquiry, or in person at:
Redland City Council Customer Service Centres
Bloomfield St, Cleveland or Noeleen St, Capalaba