Our ref
RTI-4013

Enquiries
Catherine Troccaz
Department of
Transport and Main Roads

22 January 2024

Ms Leslie Haighway
By email only: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear Ms Haighway

RTI Access Application - Decision on non-compliant application - RTI-4013

I refer to your access application to the Department of Transport and Main Roads
(department) requesting access to information under the Right to Information Act 2009
(Qld) (RTI Act).

I also refer to the department’s letter dated 5 January 2024, in which Principal Advisor,
Helen Adcock (Ms Adcock) advised that in order for your request to be considered as a
compliant application under section 24(2) of the RTI Act, you would be required to pay the
statutory application fee of $55.75.

Ms Adcock also advised in her letter that until the noncompliance described above was
corrected, the application could not be progressed as a valid application. She further advised
that a response was due by 19 January 2024 and that if a response was not received by that
date, a decision wil  be made to refuse to further deal with the application.

Decision

By delegation under section 30(1) of the RTI Act and pursuant to section 33(6) of the RTI
Act, on 22 January 2024, I made the decision to refuse to deal with your access application
as it does not comply with all relevant legislative requirements.

Details of my decision are provided in my Statement of Reasons at Attachment A.

Human rights

I had regard to the Human Rights Act 2019 (HR Act) including the right to seek and receive
information in section 21 of that Act.  I consider that in applying the RTI Act to your
application, I am acting compatibly with human rights as required by section 58 of the HR
Act.

Review rights

If you are not satisfied with this decision, you can apply for a review under the RTI Act.
Please refer to Attachment C for complete details regarding your rights of review.

Governance Branch
Telephone  07 3066 7535
RTI, Privacy and Complaints Management

Website
www.tmr.qld.gov.au
61 Mary Street Brisbane Queensland 4000

Email
xxxxxxxxxx@xxx.xxx.xxx.xx
GPO Box 1549 Brisbane Queensland 4001

ABN 39 407 690 291

Additional information

If, based on the information available to you to date, you have concerns about the location of
the camera, you may wish to consider lodging a complaint with the department. Information
about how to lodge a complaint is available at:

https:/ www.tmr.qld.gov.au/about-us/contact-us/compliments-and-complaints

Contact

If you have any queries about this decision notice, please contact me.

Yours sincerely

Catherine Troccaz
Advisor (RTI and Privacy)

Page 2 of 8

ATTACHMENT A

Statement of Reasons
for a decision under the
Right to Information Act 2009 (Qld)

Reference Number:
RTI-4013

Applicant:

Leslie Haighway

Decision Maker:

Catherine Troccaz
RTI, Privacy and Complaints Management Team

Department of Transport and Main Roads

Authority:
By delegation under section 30(2) of the Right to Information Act
2009 (Qld)

Date of Decision:
22 January 2024

The following is a Statement of Reasons for the decision to refuse to deal with an access
application under the Right to Information Act 2009 (Qld) (RTI Act).

Legislation references

Sections of legislation referenced in this Statement are provided in Attachment B.

Background information

On 13 December 2023, the Department of Transport and Main Roads (department)
received an application for access to:

Dear Queensland Department of Transport and Main Roads, I would like to know in
the last 5 years the serious accidents east of Torrens Creek to warrant a speed
camera on the edge of town. It detected me doing 90kph in a 60kph zone where as a
Melbourne ion I thought I was in the 100kph zone.

Based on the scope of the request, the department interpreted that the applicant was
requesting information on road crash data only. Therefore, by email dated 18 December
2023, the applicant was provided with links to publicly available road crash data as well as
details on how to access administratively road crash data not already published.

In response to the above, on 29 December 2024, the applicant emailed the department
seeking an:

… internal review of Queensland Department of Transport and Main Roads's
handling of my FOI request 'Torrens Creek serious accidents east of Torrens Creek'.
I would like to know why this mobile speed camera was in this position, nearly on the
edge of town (population 70 +) when there have been no serious accidents in the last
5 years. I would also like the fines and demerit points squashed or reduced.
Page 3 of 8

By letter dated 5 January 2024, Right to Information and Privacy Principal Advisor Helen
Adcock (Ms Adcock) explained why the department’s response dated 18 December 2023
was not considered a ‘reviewable decision’ and therefore not capable of an internal review.

Ms Adcock also explained that the RTI Act does not grant an applicant a right to obtain
answers to questions asked of a government agency; however, that an agency may
consider providing (if and where practicable) access to documents already in its possession
that may contain answers to questions.

In her letter, Ms Adcock also advised that given the contents of the applicant’s email dated
29 December 2023, she had formed the view that they stil  wished to continue with their
request under the RTI Act.

Requirements for a valid application

Section 23 of the RTI Act gives a person a right to access documents held by the
department subject to other requirements as set out in Chapter 3, Part 2 of the RTI Act.

Part 2, Section 24(2) of the RTI Act sets out the minimum requirements for a valid
application, more specifically:

(2) The application must—
  (a)  be in the approved form and be accompanied by the application fee; and
(b)  give sufficient information concerning the document to enable a responsible
officer of the agency or the Minister to identify the document; and
(c)  state an address to which notices under this Act may be sent to the applicant;
and
(d)  state whether access to the document is sought for the benefit of, or use of
the document by-
(i)  the applicant; or
(ii)  another entity; and
Example for paragraph (d)(i )-
A journalist makes an access application for a document for use of the
document by an electronic or print media organisation.
(e)  if access to the document is sought for the benefit of, or use of the document
by, another entity other than the applicant – the name of the other entity.

Prerequisites before refusal to deal with an application

Section 33 of the RTI Act sets out the requirements for what an agency must do when
dealing with an invalid application. More specifically, section 33(2), (3) and (7) of the RTI Act
state:

(2) The agency or Minister must make reasonable efforts to contact the person within
15 business days after the purported application is received and inform the person
how the application does not comply with a relevant application requirement.

(3) An agency or Minister must not refuse to deal with an application because it does
not comply with all relevant application requirements without first giving the applicant
a reasonable opportunity to consult with a view to making an application in a form
complying with all relevant application requirements.

(7) In this section—
relevant application requirement, for an access application, means a
matter set out in section 24(2) or (3) that is required for the application.
Page 4 of 8

Consultation

On 5 January 2024, Ms Adcock wrote to the applicant stating that for their request to
be considered as a valid application in accordance with section 24(2) of the RTI Act,
they would be required to pay the statutory application fee of $55.75. The letter
provided details of the two methods by which payment could be made.

Ms Adcock also advised in her letter that a response was due by 19 January 2024
(that is, within 10 business days of the applicant receiving the letter) and that if a
response was not received by that date, a decision wil  be made to refuse to further
deal with the application.

I note the applicant emailed the department on 16 January 2024 stating that they
were:

… very disappointed with your response to the speed camera at Torrens
Creek as we all know there have been no serious accidents or deaths to
warrant that camera, also putting extra 60kph signs very close to where the
camera was shows something not quite right. Me and many other motorists
wil  have to pay the fine because the system is geared for you, it's to
expensive to fight it.

I appreciate the applicant may be disappointed, however, as outlined above, it is a
requirement under section 24(2) of the RTI Act that the application fee be paid in
order for an application to continue to be dealt under the RTI Act.

Refusal to deal with an application

I consider that by the steps set out above, the department has satisfied the requirements set
out in section 33(2) and (3) of the RTI Act prior to making a decision on this access
application.

Section 33(6) of the RTI Act sets out the time frame within which an applicant must be
notified of the agency’s decision. More specifically:

(6) If, after giving the opportunity mentioned in subsection (3) and any consultation,
an agency or Minister decides the application does not comply with all relevant
application requirements, the agency or Minister must, within 10 business days after
making the decision, give the applicant prescribed written notice of the decision.

Section 191 of the RTI Act sets out the requirements for a prescribed writ en notice and I
consider these requirements have been met in this statement of reasons.

Decision

After consideration of the above, I have decided under section 33(6) of the RTI Act to refuse
to further deal with the access application as it does not comply with all relevant
requirements under section 24(2) of the RTI Act.

Page 5 of 8

ATTACHMENT B

Right to Information Act 2009 (Qld)
23 Right to be given access to particular documents
(1) Subject to this Act, a person has a right to be given access under this Act to—
(a) documents of an agency; and
(b) documents of a Minister.

Notes— 1 See part 2 for how to exercise this right to access.
2 Exclusions of the right are provided for under part 4 (which provides particular circumstances
where an entity may refuse to deal with an application) and section 47 (which provides grounds
on which an entity may refuse access).
3 A limitation on the right is set out in section 73 (which provides that, in particular circumstances,
an entity may delete irrelevant information from a document before giving access).

(2) Subsection (1) applies to documents even if they came into existence before the commencement
of this Act.
Note— Section 27 deems an access application to apply only to documents that are, or may be, in
existence on the day the application is received.

24 Making access application
(1) A person who wishes to be given access to a document of an agency or a document of a
Minister under this Act may apply to the agency or Minister for access to the document.

Notes—
1 Minister is defined to include a Parliamentary Secretary—see schedule 6.
2 Section 25 provides for access applications by parents for children and section 190 clarifies the
powers of those acting for others.
3 For an application made for a person, the person (and not the agent) is the applicant—see
schedule 6, definition applicant. This may be particularly relevant for section 66 (Applicant under
financial hardship).

(2) The application must—
(a) be in the approved form and be accompanied by the application fee; and
(b) give sufficient information concerning the document to enable a responsible officer of
the agency or the Minister to identify the document; and
(c) state an address to which notices under this Act may be sent to the applicant; and
(d) state whether access to the document is sought for the benefit of, or use of the
document by-
(i)  the applicant; or
(ii)  another entity; and
Example for paragraph (d)(i )-
A journalist makes an access application for a document for use of the document by an electronic or
print media organisation.
(e) if access to the document is sought for the benefit of, or use of the document by,
another entity other than the applicant – the name of the other entity.

(3) Also, if the application is for access to a document containing personal information of the
applicant, the applicant must provide with the application or within 10 business days after making
the application—
(a) evidence of identity for the applicant; and
(b) if an agent is acting for the applicant—evidence of the agent’s authorisation and
evidence of identity for the agent.
Examples of an agent’s authorisation—
• the wil  or court order appointing the agent to act as the applicant’s guardian
• the client agreement authorising a legal practitioner to act for an applicant
• if the application is made in reliance on section 25, evidence the agent is the child’s
parent

(4) The application fee mentioned in subsection (2)(a) may not be waived.
Note—
However, an application fee must be refunded if a deemed decision is made—see section 46(1).

Page 6 of 8

(5) In this section—
evidence of identity means the evidence of identity prescribed under a regulation.

30 Decision-maker for application to agency
(1) An access application to an agency must be dealt with for the agency by the agency’s principal
officer.

(2) The agency’s principal officer may delegate the power to deal with the application to another
officer of the agency.

33 Noncompliance with application requirement
(1) This section applies if—

(a) a person purports to make an access application for a document to an agency or
Minister; and
(b) the application does not comply with all relevant application requirements.

(2) The agency or Minister must make reasonable efforts to contact the person within 15 business
days after the purported application is received and inform the person how the application does
not comply with a relevant application requirement.

(3) An agency or Minister must not refuse to deal with an application because it does not comply
with all relevant application requirements without first giving the applicant a reasonable opportunity
to consult with a view to making an application in a form complying with al relevant application
requirements.

(4) The applicant is taken to have made an application under this Act if and when the application is
made in a form complying with all relevant application requirements.

(5) If, after giving the opportunity mentioned in subsection (3) and any consultation, an agency or
Minister decides the application does not comply with all relevant application requirements, the
agency or Minister must, within 10 business days after making the decision, give the applicant
prescribed written notice of the decision.

(6) In this section—
relevant application requirement, for an access application, means a matter set out in
section 24(2) or (3) that is required for the application.

191 Contents of prescribed written notice
If an agency or Minister must give a person a prescribed written notice of a decision under this Act,
the notice must be in writing and state the following details—
(a) the decision;
(b) the reasons for the decision;
Note—
See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for
decision).
(c) the day the decision was made;
(d) the name and designation of the person making the decision;
(e) if the decision is not the decision sought by the person—any rights of review under this
Act in relation to the decision, the procedures to be followed for exercising the rights and
the time within which an application for review must be made.

Page 7 of 8

ATTACHMENT C

Right to Information Act 2009 (Qld)

REVIEW RIGHTS

If you are dissatisfied or aggrieved with the decision of this department made under the Right to
Information Act 2009 (Qld) (RTI Act), you can apply for an internal or external review of the decision.

An application for internal review must be in writing (detailing your grounds for appealing), state an
address to which notices under the RTI Act may be sent and be lodged with the Department within 20
business days of the date of the written notice of this decision. Any personal information you provide
in your application for an internal review wil  be managed in accordance with the Information Privacy
Act 2009 (Qld). Applications for internal review should be forwarded:

By Post to:

Director

RTI, Privacy and Complaints Management

Department of Transport and Main Roads

GPO Box 1549

BRISBANE QLD 4001

OR

By Email to:

Director

RTI, Privacy and Complaints Management

Department of Transport and Main Roads

xxxxxxxxxx@xxx.xxx.xxx.xx

Your internal review application wil  be referred to another officer of this agency who is at least as
senior as the original decision-maker and who wil  consider the matter afresh. You wil  be notified of
the decision within 20 business days after the agency receives your internal review application. Using
the internal review option gives the agency an opportunity to consider additional evidence or
information that is raised in an internal review application and conduct any necessary further
searches.

You do not have to request an internal review to be eligible to apply for an external review by the
independent Information Commissioner. You may apply for external review by the Information
Commissioner under section 85 of the RTI Act. External reviews may take 4‐5 months to complete.

An application for external review must be in writing (detailing your grounds for appealing), state an
address to which notices under the RTI Act may be sent and be lodged with the Information
Commissioner within 20 business days of the date of the written notice of this decision. Under the
RTI Act and the Acts Interpretation Act 1954 (Qld), you are taken to "receive" this decision on the day
on which you should receive it in the ordinary course of post.

An application for external review can be forwarded to the Office of the Information Commissioner by
the following methods:

In person:
Level 11, 53 Albert Street, Brisbane 4000

Post:
PO Box 10143, Adelaide Street, Brisbane Qld 4000

Email:
xxxxxxxxxxxxxx@xxx.xxx.xxx.xx

Online:
https://www.oic.qld.gov.au/about/right-to-information/apply-for-external-
review-of-an-access-or-amendment-decision

If you have any questions about submitting an external review, you can contact the Office of the
Information Commissioner on 07 3234 7373.
Page 8 of 8

Document Outline