Previously known as Freedom of Information (FOI). The Right to Information Act 2009 (the RTI Act) commenced on 1 July 2009 and Information Privacy Act 2009 (the IP Act), comes into force on 1 July 2010 replacing the Freedom of Information Act 1992 and Information Standards 42 and 42A: Information Privacy. The RTI deals with applications for non-personal information and IP deals with requests for personal information and amendments of personal information. The Right to information Act is the Queensland Government’s approach to ensure that the community is provided with greater access to information held by government agencies – unless on balance it is contrary to the public interest to provide that information. This approach is provided for in the Right to Information Act 2009 (RTI). For more background information about the government's approach and details about the new legislation please visit the RTI Queensland Government web site. The primary object of the IP Act is to provide for
It is the government’s intention that by proactively making information available, formal applications under the Right to Information Act will be made as a last resort.
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The Information Privacy Act 2009 (IP Act 2009) guides how you can:
Information Privacy legislation also guides how government agencies manage your personal information. This aspect of the new legislation will apply to Queensland local government as of 1 July 2010.
Applications can be lodged in person at the Customer Service Centres or by post addressed to: Right to Information Review Officer Whitsunday Regional Council PO Box 104 PROSERPINE QLD 4800
There may be access limitations to information held by Council, for example that involve operational and investigation documents. This does not mean that an application to access such information cannot be made. To obtain access to documents relating to a particular investigation, the documents must consist of information about the applicant and the investigation must be finalised. It is possible that parties not involved in an investigation may not be able to access investigation files. This is about making applicants aware that there are exemption provisions that may apply to applications for access to information held by Council.
For the purposes of RTI and IP, the term “document” includes files, computer printouts, maps, plans, photographs, tape recordings, films or videotapes and other means of storing information, no matter how old or recent.
Some documents are exempt under these Acts to protect essential public interests or the personal or business information of others. Sometimes part of a document may not be available if it contains information which is exempt (e.g. name and address of complainant/s). If you are refused access to a document or given partial access only, Council must give you written reasons for the decision. Council must also tell you of your rights of appeal.
Personal information 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. When you want to see documents containing information about your own personal information, you will have to show proof of identity.
Personal information 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.
When you want to see documents containing information about your own personal information, you will have to show proof of identity.
There is no application fee to look at documents about your personal information. You can also ask for a free copy of these documents (available via CD or email only). If you require a hard copy of your personal information documents, there will be a photocopying charge of $0.20 per A4 page applicable. However, there is a fee for non-personal applications, (go to RTI Queensland Government web site for current fees) and other charges for making photocopies, plus special rates for other means of information storage (e.g. video). If the time taken to process your application exceeds five hours, there will be an additional charge of $5.80 per 15 minutes (or part thereof).
Before making an application contact Council on 4945 0200 to discuss the information you want to access. You can then make an informed decision about whether you will receive the information and if it is worth paying the application fee (if applicable).
The RTI and IP Acts requires that your application be made in writing. You may use an official application form which is available at RTI Queensland Government website.
Please remember complainant details (name, address, etc.) are generally not released.
For further information on RTI or IP matters please contact Council on 4945 0200. Alternatively, you can email info@whitsundayrc.qld.gov.au.