Information Sheet
INFORMATION SHEET -
Right to Information Act 2009 and
Information Privacy Act
2009 Exempt information: Crime and Corruption
Commission investigations - a guide for applicants
The
Right to information Act 2009 (
RTI Act) allows people to access information held
by government agencies.1 This right of access is subject to some limitations which
include the exempt information provisions in Schedule 3 of the RTI Act.
Schedule 3, section 10(4) of the RTI Act makes certain information relating to a
Crime and Corruption Commission (
CCC) investigation exempt from release. This is
referred to as the CCC exempt information provision.
What information does the CCC exempt information provision apply to?
The CCC exempt information provision applies to all information which has been
obtained, used or prepared by the CCC, or another agency, as part of an
investigation relating to the CCC’s prescribed functions, ie. crime, intelligence and/or
corruption2.
The words ‘obtained, used or prepared’ create a very large class of information
which will cover most information relating to the investigation. If the CCC created it,
acquired it, considered it or in any way put the information to use in the investigation,
the exempt information provision will apply.
What do the CCC’s functions cover3?
The CCC’s
crime functions relate to the investigation of major crime which has
been referred to it. The CCC’s
intelligence functions relate to conducting
intelligence activities to support its other functions and collecting and analysing
intelligence data.
The CCC’s
corruption functions only relate to investigations into serious and
systemic corruption. The CCC’s corruption functions also specifically involve
conducting or monitoring investigations into allegations of police misconduct.
1 Chapter 3 of the
Information Privacy Act 2009 also allows an individual to access their personal information. In this
information sheet references to an ‘agency’ include Ministers, unless otherwise specified.
2 RTI Act, Schedule 3, section 10(9)
3 The
Crime and Corruption Act 2001, sections 25, 33 and 53.
Right to Information and Privacy Guidelines
1
What if the CCC asks the agency involved to carry out the investigation?
In some circumstances when an agency reports a matter/complaint to the CCC, the
CCC will refer the matter back to the agency to investigate. The CCC then monitors
the investigation and the agency has to report the outcome to the CCC.
Any information obtained, used or prepared by the agency as part of that
investigation will also be exempt under the CCC exempt information provision.4
Will I be able to access this information as part of my RTI application?
If the investigation is not finalised you will not be able to access this information.
The exempt information provisions in Schedule 3 of the RTI Act set out information
which Parliament has decided it is contrary to the public interest to release. If
information falls into one of the exempt information provisions the agency is not
required to release it.
Under the RTI Act, there is no scope for a decision maker to consider public interest
factors favouring disclosure of information which is found to be exempt.
The Office of the Information Commissioner (
OIC) has no power on external review
to require the release of information that it has determined is exempt information.
Can I ever access this information?
You may be able to access some of this information once the CCC investigation is
finalised, but only if it is information
about you5. Generally, information is considered
to be
about the subject of the investigation and not about the person who made the
complaint or third parties involved in the investigation6.
Even if the exception applies, the agency decision-maker may still need to consider
the other access limitations in the RTI Act—including other exempt information
provisions and the public interest factors. This means that you may be refused
access to the information on a different basis even if you apply again once the CCC
investigation is finalised.
For additional information and assistance please refer to the OIC’s
access guidelines or the
annotated legislation, or contact the Enquiries
Service on 07 3234 7373 or email
xxxxxxxxx@xxx.xxx.xxx.xx.
4
G8KPL2 v Department of Health (Unreported, Queensland Information Commissioner, 31 January 2011).
5 RTI Act Schedule 3, section 10(6). This is referred to as the exception to the CCC exempt information provision.
6
G8KPL2 v Department of Health (Unreported, Queensland Information Commissioner, 31 January 2011).
Right to Information and Privacy Guidelines
2
This information sheet is introductory only, and deals with issues in a
general way. It is not legal advice. Additional factors may be relevant in
specific circumstances. For detailed guidance, legal advice should be
sought.
If you have any comments or suggestions on the content of this document,
please submit them to
xxxxxxxx@xxx.xxx.xxx.xx
Published 27 August 2012 and Last Updated 1 July 2014
Changes to legislation after the update date are not included in this document
Right to Information and Privacy Guidelines
3