Information Sheet
INFORMATION SHEET –
Right to Information Act 2009 and
Information Privacy
Act 2009
Applying for documents: Which Act? - A guide for
applicants
Queensland’s Information Access Scheme
Queensland's information access scheme creates two different Acts that people
can use to access documents held by Queensland Government:
the Information
Privacy Act 2009 (Qld) (
IP Act) and the
Right to Information Act 2009 (Qld)
(
RTI Act).
Both the RTI Act and the IP Act allow people to apply for documents containing
information. The IP Act creates a right for individuals to apply for their own
personal information. The RTI Act creates a right for individuals to apply for all
other information. The Act under which your application will be dealt will depend
upon the type of information you are seeking.
What is personal information?
Personal information is information or an opinion about an individual whose
identity is apparent, or can reasonably be ascertained, from the information or
opinion. Information does not have to be correct in order to be personal
information. Information does not have to contain a name to be personal
information.
Simply put, your personal information is information that is about you. It does not
have to be sensitive or relate only to your private life. It could, for example, be
information about where you work or where you go to school, or about your
business affairs or your work roster.
Which Act is relevant to my application?
Applications for access to information under the RTI Act or the IP Act must be
made on the approved form1 or by contacting the relevant government agency2.
There is a section on the approved form for applicants to indicate which
description most closely describes their application for access by checking one of
three boxes.
If you indicate that you are seeking access to:
1 The approved form can be downloaded from the RTI website at www.rti.qld.gov.au or, alternatively, you can
contact the OIC Enquiries service on 3234 7373 to request a copy to be sent to you.
2 In this information sheet, references to an “agency” include Ministers, unless otherwise specified.
Right to Information and Privacy Guidelines
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x documents that are non-personal in nature – your application will be dealt
with under the RTI Act.
For example – documents about a new government initiative
x personal information relating to yourself or on behalf of another person –
your application will be dealt with under the IP Act.
For example –
documents about your
medical treatment in
a public hospital
x documents that contain both personal information relating to yourself or on
behalf of another person and documents which may contain the personal
information of another person and/or non-personal information – your
application will be dealt with under the RTI Act.
For example – documents about a recruitment process for a Queensland
government job you applied for, including job applications submitted by
other people
The table of example applications and scenarios contained within this information
sheet may provide further guidance for determining which Act applies.
What will it cost me to apply?
There is an application fee3 that must be paid when you apply for access to
documents under the RTI Act. No action can be taken on your application until
this fee is paid. There may also be charges relating to processing the application
and accessing the documents.
There is no application fee for applications seeking access to only documents
containing your personal information under the IP Act. Under the IP Act, there
may be charges relating to accessing the documents.
Where do I go for more information?
The Office of the Information Commissioner's website (www.oic.qld.gov.au)
contains guidelines and information sheets on the RTI Act and the IP Act.
For further information on how to make access applications under the RTI Act or
IP Act please refer to the following information sheets:
x
How to make an application under the RTI Act
x
How to make an application under the IP Act
3 See Guideline – Fees and Charges
Right to Information and Privacy Guidelines
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Table of example applications and scenarios
Application
Which Act?
Why?
The applicant is seeking documents about
himself that is his personal information.
An applicant
It is inevitable that there will be the personal
applies for 'my
IP Act
information of others contained in the
medical records'.
document—such as the names of nurses or
doctors—but that is not enough to make this
into an application which must be decided
under the RTI Act.
The applicant is seeking documents about
An applicant
herself. The fact that someone has made a
applies for 'all
complaint about an individual is their personal
documents about
IP Act
information. It is also the personal information
the complaint
of the person who made the complaint, but that
made about me'.
does not stop it from being the personal
information of the applicant.
Applying for
photographs of
The fact that the photographs and recordings
dogs, including my
triggered an investigation and were shown to
dogs, and
the victim of a dog attack are not enough to
interview
make them personal information about the
recordings of a
RTI Act
applicant. The fact that photos are of an
person attacked
applicant’s dog are not enough to make it the
by my dogs where
applicant’s personal information where there is
the photos and
no information of the applicant, or linkable to
recordings have
the applicant, written or marked on the photos.4
no information
about me.
The applicant may or may not have been the
An applicant
subject of one of those grievance
applies for 'details
investigations.
of all grievance
RTI Act
investigations
Regardless, the applicant's request is for
undertaken in
information about each and every investigation,
2008'.
which means that the intent is for more than
just information about himself.
4 As occurred in
Tomkins and Rockhampton Regional Council QICmr 2 (22 January 2016)
Right to Information and Privacy Guidelines
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Application
Which Act?
Why?
If the mother is making the application on
An applicant
behalf of the child under section 45 of the IP
applies for
Act, then this will be an IP Act application.
documents about
IP Act or RTI
her child's care in
Act
If it is not being made on behalf of the child,
an after school
then it is an RTI application, because it is one
program.
individual applying for the personal information
of another individual.
An applicant
applies for
A deceased person does not have personal
documents
RTI Act
information, so the application for information
relating to the
about the deceased is not an IP application.
shifts worked by a
deceased person.
An applicant
applies for all
Regardless of whether the applicant is one of
documents about
those public service officers or one of the
complaints made
RTI Act
people who complained, this will be an RTI
about public
application, because applicant is seeking more
service officers in
than just the applicant's personal information.
Town X.
An applicant
applies for
Even if the applicant was one of the protesters,
documents about
RTI Act
the applicant is clearly seeking access to more
the protests to ban
than just the applicant's personal information.
logging in a state
forest.
For additional information and assistance please refer to the OIC’s
guidelines, or contact the Enquiries Service on 07 3234 7373 or email
xxxxxxxxx@xxx.xxx.xxx.xx.
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 1 July 2009 and Last Updated 19 July 2016
Changes to legislation after the update date are not included in this document
Right to Information and Privacy Guidelines
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