Our ref
RTI-4053
Your ref
Department of
Enquiries Helen
Adcock
Transport and Main Roads
23 February 2024
Ms Leslie Haighway
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Haighway
Right to Information Access Application - Decision on non-compliant application -
RTI-4053
I refer to your request received on 22 January 2024 seeking information held by the
Department of Transport and Main Roads (
department) which was considered as an
access application under the
Right to Information Act 2009 (Qld) (
RTI Act) requesting:
The number of complaints the department has received about the speed camera
deployed at Torrens Creek in August 2023.
I also refer to my letter of 22 January 2024 in which I advised that your application was not
valid as it did not comply with the requirements of section 24(2) of the RTI Act.
My letter provided you with an opportunity to consult with the department with a view to
making your application in a manner which complies with section 24(2) of the RTI Act. A
response to this notice was due within 10 business days of you receiving my letter.
In your response dated 26 January 2024 you asked why a fee is required to access public
information when government is funded by all tax/rate/vehicle registration payers. Further
information on accessing information held by the Queensland Government is available via
Accessing information held by Government | Office of the Information Commissioner
Queensland (oic.qld.gov.au)
Whilst you responded to my letter your response did not satisfy the legislative requirements
and by my calculations the 10 business day time period has lapsed.
Decision
On 23 February 2024 I made a decision under section 33(6) of the RTI Act 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 (Attachment A).
Office of Corporate Counsel
Telephone 07 3066 0709
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
In addition, 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.
If you are not satisfied with this decision, you can apply for a review under the RTI Act.
Please refer to Attachment B for complete details regarding your rights of review.
Yours sincerely
Helen Adcock
Principal Advisor (RTI and Privacy)
Page 2 of 8
ATTACHMENT A
Statement of Reasons
for a decision under the
Right to Information Act 2009
Reference Number:
RTI-4053
Applicant:
Leslie Haighway
Decision Maker:
Helen
Adcock
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:
23 February 2024
The following is a Statement of Reasons for the decision to refuse to deal with a request
under the
Right to Information Act 2009 (Qld) (
RTI Act).
Legislation references
Sections of legislation referenced in this Statement are provided in Attachment C.
Scope of request
On 22 January 2024 the Department of Transport and Main Roads (
department) received a
request for access to the below information which was considered as an access application:
The number of complaints the department has received about the speed camera
deployed at Torrens Creek in August 2023.
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
Page 3 of 8
(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)(ii)-
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.
I did not consider that the original access application met these minimum requirements as
payment of the application fee was required in addition to confirmation in writing on whether
the applicant was seeking access to the information for the use or benefit of another person,
company or body.
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.
Consultation
On 22 January 2024 I wrote to the applicant stating that I had formed the view that
the application was not valid and that a written response providing the additional
information was required within 10 business days of receiving this notification. In the
applicant’s response she failed to provide the additional information required for the
application to be considered valid.
Refusal to deal with an application
I consider that by the steps set out above, I have undertaken all of 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.
Page 4 of 8
Section 191 of the RTI Act sets out the requirements for a prescribed written notice and I
consider these requirements have been met in this statement of reasons.
I consider that the response time of 10 business days to be a reasonable opportunity for the
applicant to respond to my letter either providing the additional information required or to
undertake further consultation.
As the applicant’s response did not provide the required information I consider it appropriate
to make a decision on whether or not to deal with this application.
Decision
After consideration of the above, I have decided under section 33(6) of the RTI Act to refuse
to deal with this access application as it does not comply with all relevant legislative
requirements.
Page 5 of 8
ATTACHMENT B
Right to Information Act 2009
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 will 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 will be referred to another officer of this agency who is at least as
senior as the original decision-maker and who will consider the matter afresh. You will 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 6 of 8
ATTACHMENT C
Right to Information Act 2009
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)(ii)-
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 will 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).
(5) In this section—
evidence of identity means the evidence of identity prescribed under a regulation.
Page 7 of 8
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 all 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 8 of 8