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Freedom of Information (FOI)

Freedom of Information Act 1992

The object of the Queensland Freedom of Information Act 1992 (the FOI Act) is to extend as far as possible the right of people to access information held by Queensland government.

The Queensland FOI Act applies to ministers, government departments, local councils and most semi-government agencies and statutory authorities. It does not apply to commonwealth government departments or interstate government departments (although similar legislation exists in most jurisdictions).

How can the Freedom of Information Act help?

The FOI Act gives you the legal right to:

Access information - you can apply for documents (including those about you) held by Queensland government. There may be a charge and application fee. You can examine or take copies of documents. If an agency does not give you access to documents requested you have rights of appeal.

Amend information - you can apply to have information about your personal affairs changed if you believe it is inaccurate, incomplete, out-of-date or misleading.

Available information - the FOI Act requires government agencies to make certain information available and accessible to the community. Each agency is required to publish a Statement of Affairs which provides information about its functions and operations, including structure, decision-making processes, public participation through boards, councils or committees, and policy documents. You can either ask to see these or purchase a copy at an agency's office. For more information on the types of documents kept by the Department and the process for accessing information you may go to Disability Services Queenslands' Statement of Affairs.

What are 'documents'?

Documents include files, computer print-outs, maps, plans, photographs, tape recordings, films or videotapes and other means of storing information (no matter how old or recent).

If you are refused access to a document or given partial access, the agency must give you written reasons for the decision. The agency must also tell you of your rights of appeal.

Documents already publicly available such as birth certificates (including those for a fee) under other legislation, or administrative processes are not available through FOI. These include documents held by Queensland State Archives and the State Library.

What are 'personal affairs' documents?

Personal affairs documents include information on any matter of personal or private concern to an individual, such as medical records, family or domestic relationships, income, assets and financial records, but not documents which merely contain a reference to a person.

When you want to see documents containing information about your personal affairs you will have to show proof of identity.

How much will it cost?

Personal affairs applications are free of application fees and processing charges. You may apply to look at documents concerning your personal affairs and you may request copies of relevant documents free of charge.

Non-personal affairs applications require an up-front application fee of $36.50 before processing can commence. Cheques/Money Orders are payable to Disability Services Queensland. Processing charges of $5.60 for each 15 minutes (or part of 15 minutes) for applications taking over two hours to complete may apply. There is also a charge for making photocopies at $0.20 for each A4 page requested. (Special copying rates may apply for copying larger sizes and for information stored by other means). Please note that costs are subject to change. Intending applicants should contact the FOI Unit for details.

How do I make an FOI request to Disability Services Queensland?

The Department can only provide access to information held by the agency. Applications for documents held by other government agencies should be made direct to the agency. However, if you send your letter to the wrong agency, the agency will try to forward it to the correct one.

To make a FOI application to Disability Services Queensland you must either write a letter or lodge an application using the Request for Access to Documents form (PDF 37 kB). Applications must include:

It is recommended that you contact the Freedom of Information Unit for information and assistance when you are considering making a request under the FOI Act.

What happens when access is granted?

You may inspect the agency's documents and obtain a copy if you wish. In some cases, another form of access may be more appropriate, such as listening to a tape recording or watching a video. If for some reason copies of documents cannot be made and sent to you the agency will discuss with you how, when and where you can view the material.

If you live in a non-metropolitan area, arrangements can be made to view documents.

Can I have documents corrected?

You can apply to an agency for correction or amendment of any part of the information about your personal affairs which you believe is inaccurate, incomplete, out-of-date or misleading. An amendment is made by altering the record or adding a notation to the document. If the agency refuses, or makes different changes, it must inform you of its reasons and your rights of appeal.

Can I access information about another person?

Usually you cannot access another person's information without their written authority. The authority should be signed by the person giving the authority and witnessed by someone who has known that person for more than 12 months and is not a relative. The witness must be a person over 18 years of age. The witness cannot be the applicant.

You may be required to pay fees and charges to access documents about another person.

Can other people apply for documents about me?

Most documents concerning your personal affairs will be exempt. However, if the document is not exempt the agency will contact you if it believes the disclosure would be of substantial concern to you. If the agency decided to release any information against your wishes it must provide you with written reasons as well as your rights of appeal. No documents will be released until you have had the chance to appeal.

What if I'm not satisfied?

If you are not satisfied with any decision you have a right to ask for a review. For example, you may have been refused access to whole or part of a document, refused an amendment, or you may be concerned that your personal or business affairs will be disclosed to someone else. The first step is to apply in writing for an internal review within 28 days of being informed of the decision. A person senior to the original decision-maker will review your application and inform you of the review decision within 28 days. Reasons will be given if access or amendment is still refused as well as your further avenues for seeking a review.

You also have the right to seek an External Review if you are dissatisfied with the Internal Review decision; you contend that fees and charges should not apply; or if your application is not processed within the prescribed timeframes outlined in the FOI Act.

The Office of the Information Commissioner is the External Review body for FOI decisions.

For more information

The FOI Unit, Disability Services Queensland can provide you with more information on FOI / administrative law matters and assistance with making a request to the Department under the FOI Act.

Freecall:
1800 460 906
Telephone:
(07) 3235 9644
Facsimile:
(07) 3210 1182
Email:
foi_disability@disability.qld.gov.au
Postal Address:
Freedom of Information Unit
Disability Services Queensland
GPO Box 806
Brisbane QLD 4001

To view the Freedom of Information Act 1992 visit the Queensland Parliamentary Counsel website.

For more information visit the FOI website of the Department of Justice and Attorney-General (the lead agency for Queensland government FOI policy).

Last updated August 2008