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Accessing information from government. a better question is - what isn’t a document?. document includes— (a) any paper or other material on which there is writing; and
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a better question is - what isn’t a document? document includes— (a) any paper or other material on which there is writing; and (b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; and (c) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being produced or reproduced.
I’ll tell you what I want, what I really, really want • Health records • Child safety records • Personnel records – disciplinary files and reports • Police records • Documents that detail what exactly happened here • Documents that show how it all went down • Documents that explain why did this even happen Ah – jus’ give us EVERYTHIN’ ya got
Please, sir, can I have some in the first place? Government information will be released administratively as a matter of course, unless there is a good reason not to, with applications under this Act being necessary only as a last resort - Preamble to the Right to Information Act 2009 (Qld)
“Please exhaust the following administrative access schemes prior to applying through Right to Information.” • Court Transcripts and Recordings • Court Briefs – QP9s • Coronial documents • Crime Reports • Criminal History – Queensland • Digital record of interviews and evidence • Police Certificates – National criminal history • Fingerprints Management Support Manual • Operational Procedures Manual • Photographs • Person history • Police Museum • Operational Policies • Queensland State Archives external research requests • Traffic manuals • Traffic history • Traffic incident reports • Traffic Statistics – Road Data • State Penalties Enforcement Register
“Fees associated with the purchase of documents within administrative access schemes are provided on our QPS Schedule of Fees and Charges 1 July 2016.”
Publication Schemes • All agencies must have a scheme on their website • Seven classes of information • Should be updated regularly to ensure information is accurate, current and being accessed
‘Crime. It’s an ugly word. Here’s a few people who found out just how ugly crime can be - the hard way.’
RTI Act Objective To give a right of access to documents in the government’s possession or under the government’s control Unless, on balance, it is contrary to the public interest to give access
IP Act Objective • To provide for fair collection and handling of personal information in the public sector environment – privacy protections • To provide a right for individuals to access their own personal information, unless on balance it would not be in the public interest, and to have it amended where it is incorrect.
applying for access • Prescribed form – no choice • Parallel streams – RTI and IP • Cost implications • Application fee RTI - $43.35 – RTI only • Processing charges (over 5 hours) – $6.70 per 15 minutes – RTI only – includes those 5 hours • Photocopying fee – 25 cents per page • Access charges – IP • Concession card holders exempt from charges
access charges The access charge under section 77 of the Act in relation to an access application for a document is the total of— (a) the actual cost incurred by the agency or Minister for any of the following— (i) any engagement of another entity to search for and retrieve the document; (ii) any relocation of the document necessary to allow access to be given to the document; (iii) any written transcription of the words recorded or contained in a document mentioned in section 83(1)(d) of the Act; (iv) any creation of a written document mentioned in section 83(1)(e) of the Act; (v) otherwise giving access to the document (except by giving the applicant a black-and-white photocopy of the document in A4 size), for example, by the reproduction of the document; (b) if the applicant is given a black-and-white photocopy of the document in A4 size—$0.25 for each page.
yes, you, laddie (3) Also, 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 client agreement authorising a legal practitioner to act for an applicant
me, myself, I For sections 43(4) and 44(6) of the Act, the evidence of identity prescribed for a person is a document verifying the person’s identity, including, for example— (a) a passport; or (b) a copy of a certificate or extract from a register of births; (c) a driver licence; or (d) a statutory declaration from an individual who has known the person for at least 1 year; or (e) if the person is a prisoner within the meaning of the Corrective Services Act 2006—a copy of the person’s identity card from the department administering that Act that is certified by a corrective services officer within the meaning of that Act. (2) If a document under this section, other than a document mentioned in subsection (1)(e), is a photocopy of an original document, the document must be certified by a qualified witness as being a correct copy of the original document.
and in the darkness bind them… RTI Act section 6 and IP Act section 7(1) Relationship with other Acts prohibiting disclosure of information This Act overrides the provisions of other Acts prohibiting the disclosure of information (however described).
Oh, yeah...except the RTI Act 3) On an application, an agency may refuse access to a document of the agency and a Minister may refuse access to a document of the Minister— (a) to the extent the document comprises exempt information under section 48; or (b) to the extent the document comprises information the disclosure of which would, on balance, be contrary to the public interest under section 49; or (c) to the extent the document is sought under an application by or for a child and comprises the child’s personal information the disclosure of which would not be in the child’s best interests under section 50; or (d) to the extent the document comprises an applicant’s relevant healthcare information the disclosure of which might be prejudicial to the physical or mental health or wellbeing of the applicant under section 51; or (e) because the document is non-existent or un-locatable as mentioned in section 52; or (f) because other access to the document is available as mentioned in section 53.
don’t even bother thinking of going there • Schedule 1 – documents to which this Act does not apply – 15 categories • Schedule 2, Part 1 – entities to which this Act does not apply – 8 entities • Schedule 2, Part 2 - entities to which this Act does not apply in relation to a particular function – 21 entities • Schedule 3 – exempt information – 12 categories
Schedule 3 - exempt information • Cabinet matters • Executive Council information • Incoming briefs for Government • BCC Establishment and Co-ordination Committee • Local Government budget • Sovereign communications • Contempt of Court or Parliament • Breach of confidence • National or State security • Law enforcement or public safety • Investment Incentive Scheme • Specific legislative provisions
close to home 7 Information subject to legal professional privilege Information is exempt information if it would be privileged from production in a legal proceeding on the ground of legal professional privilege.
Schedule 2 – entities to which RTI does not apply • The Governor • The Parliament; and • The Parliamentary Service • Commissions of Inquiry • Parents and Citizens Associations • Grammar Schools • Limited functions of Courts and Tribunals, Government Owned Corporations, State Financial Institutions, Statutory Bodies
public interest balancing test Four parts • Factors irrelevant to deciding the public interest • Factors favouring disclosure in the public interest • Factors favouring non-disclosure in the public interest • Factors favouring nondisclosure in the public interest because of public interest harm in disclosure
curmudgeons of the world unite Disclosure of the information could reasonably be expected to cause embarrassment to the Government or to cause a loss of confidence in the Government. Disclosure of the information could reasonably be expected to result in the applicant misinterpreting or misunderstanding the document. Disclosure of the information could reasonably be expected to result in mischievous conduct by the applicant. The person who created the document containing the information was or is of high seniority within the agency.
You say potahto, I say potayto… Part 2 - for Disclosure of the information could reasonably be expected to contribute to the protection of the environment. Part 3 - against Disclosure of the information could reasonably be expected to impede the protection of the environment. Part 2 - for Disclosure of the information could reasonably be expected to advance the fair treatment of individuals and other entities in accordance with the law in their dealings with agencies. Part 3 - against Disclosure of the information could reasonably be expected to prejudice the fair treatment of individuals and the information is about unsubstantiated allegations of misconduct or unlawful, negligent or improper conduct.
tomayto, tomahto, potayto, potahto Part 2 - for Disclosure of the information could reasonably be expected to contribute to the administration of justice for a person. Part 3 - against Disclosure of the information could reasonably be expected to impede the administration of justice for a person. Part 2 - for Disclosure of the information could reasonably be expected to contribute to the administration of justice, generally including procedural fairness. Part 3 - against Disclosure of the information could reasonably be expected to impede the administration of justice, generally including procedural fairness.
Willsford and Brisbane City Council • Applicant has suffered loss or damage or some kind of wrong, in respect of which a remedy is, or may be, available under the law • they have a reasonable basis for seeking to pursue the remedy; and • disclosing the information in issue would assist the applicant to pursue the remedy or to evaluate whether a remedy is available or worth pursuing.
whose information is it really? Part 2 – for The information is the applicant’s personal information. Part 3 - against Disclosure of the information could reasonably be expected to prejudice the protection of an individual’s right to privacy. Part 4 – new improved against Disclosure of the information could reasonably be expected to cause a public interest harm if disclosure would disclose personal information of a person, whether living or dead.
you decide, gentle reader… Part 2 – for The information is the personal information of an individual who is deceased (the deceased person) and the applicant is an eligible family member of the deceased person. Part 3 – against The information is the personal information of an individual who is deceased (the deceased person), the applicant is an eligible family member of the deceased person and the disclosure of the information could reasonably be expected to impact on the deceased person’s privacy if the deceased person were alive.
Yeah – I’ll have me some o’ that ole accountability pie… Disclosure of the information could reasonably be expected to reveal the reason for a government decision and any background or contextual information that informed the decision. Disclosure of the information could reasonably be expected to promote open discussion of public affairs and enhance the Government’s accountability. Disclosure of the information could reasonably be expected to contribute to positive and informed debate on important issues or matters of serious interest. Disclosure of the information could reasonably be expected to inform the community of the Government’s operations, including in particular, the policies, guidelines and codes of conduct followed by the Government in its dealings with member of the public.
why are you even asking me? – the answer is no (1) An agency or Minister may give access to a document that contains information the disclosure of which may reasonably be expected to be of concern to a government, agency or person (the relevant third party) only if the agency or Minister has taken the steps that are reasonably practicable— (a) to obtain the views of the relevant third party about whether— (i) the document is a document to which this Act does not apply; or (ii) the information is exempt information or contrary to public interest information;.
If it was anyone else but them… • They’d just use the information to bag us. • They don’t want the information, they just want to make us waste time and resources. • They would take it out of context. • They wouldn’t understand it, anyhow.
curmudgeons of the world unite again … Disclosure of the information could reasonably be expected to result in the applicant misinterpreting or misunderstanding the document. Disclosure of the information could reasonably be expected to result in mischievous conduct by the applicant. …
document non-existent and un-locatable 52 Document nonexistent or unlocatable (1) For section 47(3)(e), a document is non-existent or un-locatable if— (a) the agency or Minister dealing with the application for access is satisfied the document does not exist; or (b) the agency or Minister dealing with the application for access is satisfied— (i) the document has been or should be in the agency’s or Minister’s possession; and (ii) all reasonable steps have been taken to find the document but the document can not be found.
not all documents, not all the time 7 Making and keeping of public records (1) A public authority must— (a) make and keep full and accurate records of its activities… record means recorded information created or received by an entity in the transaction of business or the conduct of affairs that provides evidence of the business or affairs
document non-existent • Documents that do not exist • Are there reasonable grounds to be satisfied that the requested document does not exist? • Destroyed – flood, fire • This file contains the complete set of papers, except for a number of secret documents, a few others which are part of still active files, some correspondence lost in the floods of 1967... Was 1967 a particularly bad winter? • No, a marvellous winter. We lost no end of embarrassing files. • Reported lost • Officially disposed of • Never existed • Administrative oversight If the document should exist but it cannot be found: 2. Have all reasonable steps been taken to find the document?
but what about ‘government information’ held by non-government?
well, there’s always… Information Privacy Principle 6—Access to documents containing personal information (1) An agency having control of a document containing personal information must give an individual the subject of the personal information access to the document if the individual asks for access. (2) An agency is not required to give an individual access to a document under subsection (1) if— (a) the agency is authorised or required under an access law to refuse to give the access to the individual; or (b) the document is expressly excluded from the operation of an access law.
bound contracted service providers 35 Binding a contracted service provider to privacy principles (1) An agency entering into a service arrangement must take all reasonable steps to ensure that the contracted service provider is required to comply with [the privacy obligations] as if it were the agency, in relation to the is charge of its obligations under the arrangement.
which of course, includes… Information Privacy Principle 6—Access to documents containing personal information (1) An agency having control of a document containing personal information must give an individual the subject of the personal information access to the document if the individual asks for access. Information Privacy Principle 7—Amendment of documents containing personal information • An agency having control of a document containing personal information must take all reasonable steps, including by the making of an appropriate amendment, to ensure the personal information— (a) is accurate; and (b) having regard to the purpose for which it was collected or is to be used and to any purpose directly related to fulfilling the purpose, is relevant, complete, up to date and not misleading.
who are we again? • External review • Privacy • Information and Assistance
Support Guidelines and Information Sheets available on the OIC website – www.oic.qld.gov.au Enquiries Service: 3234 7373 (8:30am-4:30 pm) enquiries@oic.qld.gov.au
