What is Freedom of Information?
Queensland's Freedom of Information Act of 1992 gives people a legally enforceable right to access information held by government agencies - including local government
“Access” may be provided by allowing inspection of documents, providing photocopies, or (now RSC’s preferred mode) by providing electronic files.
People cannot however use FOI 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 everyday example of this for RSC is that 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 FOI application for the same documents would be refused.
Statement of Affairs
The FOI requires Councils to publish a Statement of Affairs that sets out information concerning the operations of Council, particularly its structure, functions, policies, rules and practices and the types of documents published and available to the public. Download Redland City Council’s Statement of Affairs >>
Correcting Personal Records
The FOI Act also provides the right for people to request amendment of personal documents held by Council if they consider the documents to be inaccurate, incomplete, out-of-date or misleading.
When do Fees Apply or not Apply to FOI Applications?
Applications for documents relating to your personal affairs (see explanation of personal affairs below) are free. No application fees, processing charges or access charges apply in these cases.
A fee of $36.50 applies for all other applications. Processing and access charges may also apply to these applications.
Processing charges are currently $5.60 for each 15 minutes if over two hours is spent processing applications. The fees cover time spent by staff in searching for and researching documents, as well as third party consultation, making decisions on access and supervising the inspection of the material.
Access charges include a $5 fee (per CD) when documents are provided as pdf files saved onto a CD (this is usually by far the cheapest option), or B&W photocopies are 20C per A4 page or $1.50 per A3 page. Colour copies are extra.
The application fee cannot be waived, however processing and access charges can be waived due to financial hardship – this only applies is the applicant is the holder of a concession card or is a non-profit organisation in financial hardship.
1. Documents relating to applicant’s personal affairs – no charges
No fees or processing charges apply to requests for documents relating to the applicant’s personal affairs.
“Personal affairs” in the context of FOI relate to the private aspects of a person’s life, and therefore 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. If just one document falling within the terms of the application contains information that is not about the applicant’s personal affairs, the full application fee and processing charges will be payable. We consult applicants in these cases to see if the non-personal documents are in fact required.
Only natural persons have personal affairs – companies, clubs, associations and other organisations do not. Accordingly, an application fee and relevant charges will always be payable for applications lodged by such entities.
The most common application in this category 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 fee or processing charges will apply.
People often think that information about their personal affairs extends to their business or professional affairs, but that is not the case. Requests for information concerning their business affairs will attract a fee and possibly processing charges. For example, applications that relate to rental properties owned by the applicant are considered to relate to their “business affairs” and fees and charges will be payable.
2. Documents not relating to applicant’s personal affairs
When documents are requested that do not relate to the personal affairs of the applicant, an application fee will apply and additional charges may also apply for the more complex or large requests to cover time spent gathering information, assessing it for release under the FOI Act and preparing it for release (more than 2 hours spent by Council in total).
For example, 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.
What Information May be Exempt from Release?
The FOI Act extends as far as possible the right of the community to have access to information held by government agencies and Councils. 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 the release 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 FOI 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.
How Long Will an Application Take?
FOI applications must, under the Act, be processed within 45 days, or 75 days for documents older than five years or where third party consultation is required. These timeframes are extended in a number of circumstances (such as where we are waiting for applicants to respond to notices we issue).
In practice, most simple FOI applications (those that seek only a few documents, where third party consultation is not required and where no significant exemption provisions are relevant) are usually finalised within about 5 working days.
Where applications involve the personal affairs of a third party, Council may be required to consult with them if we consider that the release of the documents would be of “substantial concern” to them. In that case, no documents can be released until the consultation period has expired and any appeals have been finalised.
The most important thing is for applicants to provide as much information as possible when lodging the application to help us find the documents you are looking for. If we have any questions about what you are seeking access to, we will contact you to discuss your application.
How do you apply or make an enquiry?
You can download a form 
[PDF 50KB] and post to Council or drop off at a Customer Service Centre
or you can apply in writing to:
The FOI Officer
Redland Shire Council
PO Box 21
Cleveland Qld 4163
or by e-mailing us at foi@redland.qld.gov.au
or by telephoning us on 3829 8565, 3829 8594 to make an enquiry
or in person at:
Redland Shire Council Customer Service Centres
Bloomfield St, Cleveland or
Noeleen St, Capalaba
What can you ask for?
You can ask for documents held by Redland Shire Council. Under the Act a document can be a paper file, microfiche, printouts, computer records, visual material (e.g. films, photographs) and audio-visual recordings (e.g. tapes or electronic recordings).
If you are asking for another person’s documents, these will not usually be provided unless there is an overriding public interest, or unless that person has given you authorisation in writing.
Proof of Identity
Before you are given access to your personal documents you will need to provide proof of your identity by producing documents such as a full birth certificate, or a photo drivers’ licence