Request for access to documents under the Queensland
Right to Information Act 2009 or the
Information Privacy Act 2009
What is the Right to Information Act 2009 & the Information Privacy Act 2009?
The
Right to Information Act 2009 (RTI Act) and
Information Privacy Act 2009 (IP Act) came into effect on 1 July 2009.
Both Acts give you the right to apply for access to documents held by Government agencies, which includes Council.
How do I apply?
The Queensland Government has an approved application form which must be used to make an application for
documents under the RTI Act or IP Act. A copy of the approved form is provided with this Information Sheet, and
can also be accessed
at www.rti.qld.gov.au
How do I lodge my application?
Your application may be lodged via any of the fol owing methods:
1. In person at one of Council's customer service centres
Administration Centre – 150 Wembley Road, Logan Central
Beenleigh Customer Service Centre – 105 George Street, Beenleigh
Jimboomba Customer Service Centre – 18-22 Honora Street, Jimboomba
2. Via email to
xxxxxxx@xxxxx.xxx.xxx.xx
3. By post to Logan City Council, PO Box 3226, Logan Central QLD 4114
IMPORTANT: To ensure the security of your credit card details, please do not include credit card details on
the application form. You can ring Council to arrange payment via credit card.
What other documents do I need to supply with my application?
Proof of Identity
Before you are given access to your personal information, you will need to provide proof of your identity either with
your application or within 10 business days of making an application. You can either provide a certified copy of the
document, or you can arrange a time to come in to Council to have your proof of identity sighted by an officer.
Documents that provide sufficient evidence of identity include:
•
Current driver’s licence
•
Identifying page of current passport
•
Birth certificate
•
Copy of a prisoner's identity card certified by the corrective services officer
•
A statutory declaration of an individual who has known the applicant for at least one year
A certified copy is a true and correct copy of the original document, which has been signed by a lawyer or notary
public, a Commissioner for Declarations or a Justice of the Peace who must sight the original document and be able
to say that the certified copy is a true and correct copy of the original document. A digital copy or photocopy of the
certified copy cannot be accepted. The certified copy itself must be provided.
What can I ask for?
You can ask for any documents that are held or control ed by Logan City Council. Under both Acts a “document” can
be a paper file, microfiche, printout, computer record and file, visual material (e.g. x-rays, films, photograph, audio
and audio-visual material including CD's and DVDs, CCTV footage).
Request for access to documents under the Queensland
Right to Information Act 2009 or the
Information Privacy Act 2009
Where we cannot grant you access to a document, we will explain why in our decision letter to you.
Where documents are available through other means (i.e. through public records, through a disclosure log or via a
Council search (whether or not a fee is payable)), these documents wil not be available through Right to
Information/Information Privacy (RTI/IP) application.
Council is required to publish a disclosure log on our website, which details those documents already made available
under the RTI Act. Before lodging your application, please check the log to ensure that the documents you are seeking
are not already available upon request. You can access the disclosure log at
: https://www.logan.qld.gov.au/right-to-
information/access
Should you wish to obtain a copy of the released documents, please send your request to the RTI Officer, Governance
Branch, v
ia xxxxxxx@xxxxx.xxx.xxx.xx or to Logan City Council, PO Box 3226, Logan City DC Qld 4114.
Do I have to give a reason for applying for access to Council held documents?
Providing a reason for accessing Council held documents is not required, but can be beneficial where Council is unsure
whether access should be granted on “public interest” grounds.
Do I have to pay for this?
RTI Application
An application fee is payable for applications requesting access to non-personal information or a combination of
personal and non-personal information. The application fee is a requirement under section 24(4) of the
Right to
Information Act 2009 and cannot be waived.
The application fee can be paid by credit card, cheque, cash or money order and must accompany your application.
Your application cannot be processed without payment of the application fee.
IP Application
There is no application fee for application requesting access to personal information only under the IP Act.
Processing Costs
If your application is considered to involve non-personal information (RTI application) and the processing and/or
inspection time associated with your application is less than five (5) hours, no charge is payable.
If the time taken exceeds five (5) hours a charge per fifteen (15) minutes (or part thereof) applies to every hour.
For
example, if processing your RTI application takes six (6) hours, there is no 'free' five (5) hour period and the total
charge wil be based upon the total six (6) hours. Processing charges are payable before access to the documents is
allowed.
There is no charge for the processing of documents that contain your personal information only (IP Application and
any applicable documents under an RTI application).
Access Charges
Where physical copies of documents are requested (both RTI and IP applications), there wil be a charge per A4 page
for each black and white copy. Additional charges for copies of other documents (e.g. x-rays, colour copies, A3) will
be payable.
Request for access to documents under the Queensland
Right to Information Act 2009 or the
Information Privacy Act 2009
Applying for a Waiver of the Processing and Access Charges
You can apply in writing for a waiver of the processing and access charges. For a waiver of the processing and access
fees to apply, you will need to establish that you satisfy the grounds for financial hardship under s66 of the RTI Act
and can produce a valid concession card. It is important to note that even if you are able to show financial hardship,
the waiver will only apply to the processing and access charges and you will still have to pay the application fee.
How do I pay?
Payment of the relevant charges can be made by credit card, cheque, cash or money order.
You may choose to pay for these charges either by telephone, by post or in person at one of our customer service
centres listed below.
Administration Centre – 150 Wembley Road, Logan Central
Beenleigh Customer Service Centre – 105 George Street, Beenleigh
Jimboomba Customer Service Centre – 18-22 Honora Street, Jimboomba
Logan City Council has registered for GST and has been issued with an Australian Business Number (ABN) 21 627 796
435
What happens if I ask for another person's personal documents?
Usual y you cannot access another person's document unless that person has authorised in writing that you can
access them.
Complainant details (i.e. name, address and telephone number) are generally not available via an RTI/IP application.
This is because complainant/ third party details (name, address and telephone number) are the personal information
of the complainant. If you request complainant/ third party details as part of an RTI application, the
complainant/third party must be consulted by Council particularly if the release of the information is likely to be of
concern to them. Where complainant/ third party details are requested in an RTI application, they wil only be
released if either the consent of the complainant/ third party has been obtained for the release of their details or if
it is considered to be in the public interest for the complainant/third party details to be released to you.
Authority to act as an agent
Where an application is in relation to the personal information of a third person or client, both the RTI Act and IP Act
require a letter of authority signed by the third person or client authorising the agent to act as an "agent" on their
behalf. This letter will also need to be accompanied by proof of identity of the third party or client as well as proof
of identity of the agent (refer to ‘Proof of Identity’ section for acceptable identity documents)
The RTI Act Section 24(3) requires the agent to provide these documents either at the time of application or within
10 business days after making an application.
What happens next?
Once a valid RTI or IP application is received, Council has 25 business days to process the application and provide a
decision. However, that legislative period may be extended in certain situations such as where you have requested a
large number of documents or where we have to consult third parties.
During the course of your application the Council RTI case officer may need to contact you to clarify what you are
after and to keep you aware of progress. For this reason it is very helpful if you can supply a phone number or email
address for easy contact.
Request for access to documents under the Queensland
Right to Information Act 2009 or the
Information Privacy Act 2009
What if I am unhappy with the decision made on my application?
If you are not satisfied with a decision that Council has made about your RTI or IP application, you have the option of
asking for an Internal Review. This is where a more senior officer will review the original decision made about your
request.
Alternatively, you have the right to ask for an External Review of the decision be the Queensland Information
Commissioner.
Full review rights information will be given to you in any decision letter you receive from Council.
Further information
For details and information on how to make an RTI/IP application or for further information, please contact:
Integrity & Information Program
Corporate Governance Branch
Logan City Council
PO Box 3226
LOGAN CITY DC QLD 4114
Business hours:
8:00am - 5:00pm Monday – Friday
Telephone:
(07) 3412 3412
Email:
xxxxxxx@xxxxx.xxx.xxx.xx
Legislation
Publications of both Acts are available through public libraries, community centres and government agencies. You
can also download a copy from:
RTI –
https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/R/RightInfoA09.pdf
IP –
https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/I/InfoPrivA09.pdf
Enquiry Service Office of the Information Commissioner Queensland
For general enquiries on the operation and application of Queensland’s Right to Information and Information Privacy
legislation: Telephone: (07) 3234 7373
Fax: (07) 3405 1122
Email:
xxxxxxxxx@xxx.xxx.xxx.xx
Website:
www.oic.qld.gov.au
Privacy Colection Notice
By making an application, you acknowledge that Logan City Council is col ecting your personal information for the
purposes of processing your application. Your personal information may be accessed by employees, contractors,
and/or Council ors of Logan City Council, and other Government agencies. Your personal information wil be
handled in accordance with the Information Privacy Act 2009 (Qld) and may be released to other parties where
Logan City Council is required or authorised by law to do so. For more information on Council’s Privacy Policy, see
https://www.logan.qld.gov.au/information-and-privacy/privacy
