The Queensland Government, Local Government Authorities and other government agencies (“Government Agencies”) receive, process and retain significant amounts of information about both private individuals and companies.
From 1 July 2009, the Right to Information Act 2009 (“the RTI Act”) replaced the Freedom of Information Act 1992 and is part of a broader “push” model of greater proactive and routine release of information. The RTI Act provides a right of access to Government Agency information unless, on balance, it is contrary to the public interest to release the information.
Seeking Information
There are two aspects to the Right to Information which are worthy of consideration. The first aspect is that the Government Agency may hold information which you seek. For example, if you have a complaint you might make a request for information to determine the steps that have been taken to resolve a dispute. You may also want to ascertain the factual basis for a decision.
Section 21 of the RTI Act requires that an agency, other than an excluded entity, must publish a scheme setting out the classes of information and the terms on which it will make information available. These schemes require each Government Agency to routinely make information available. The effect is much cheaper and simpler access to information about policies and decision making procedures.
Access to individual documents, however, requires an application under the RTI Act. It helps if you provide as much information as possible about the document you are seeking, for example, the title, subject matter, agency reference number, type of document or the date it was produced. Poorly detailed requests are likely to result in the Government Agency being unable to decide whether documents are relevant. In some cases requests will be rejected because the request is too broad.
Documents can be delivered by email or on CD. The documents will be accompanied by details of any documents for which access has been refused and reasons for the refusal. The refusal can be challenged by an application to the Office of the Information Commissioner (“the OIC”). The OIC can then require the Government Agency to produce all documents even including those which the agency might argue are privileged from disclosure. The OIC will then review the documents and order that you be given access to documents as appropriate under the RTI Act.
Limiting Access
The second aspect to the Right to Information is the possible effect that providing access to information might have. For example, if you have written a letter of complaint you may have included confidential information. The Government Agency may also hold incorrect information that may cause you harm if it is disclosed.
The RTI Act includes a number of categories of documents which are excluded from being accessed. As might be expected these include Cabinet documents and the like, but also excluded are documents which might found an action if disclosure would constitute breach of confidence. This may be the case where you have included confidential information in a letter of complaint. Among other categories excluded are documents which are reasonably likely to result in a person being subjected to a serious act of harassment or intimidation or prejudice a person’s fair trial or the impartial adjudication of a case.
The Government Agency is required to seek your views on whether a document is excluded before providing access.
Conclusion
The two aspects of the RTI Act are equally important. On the one hand it provides simpler and cheaper access to information. On the other hand there is a real risk that the Government Agency might provide inappropriate access to information held about you. This highlights the need for considered advice when communicating with Government Agencies including local government.
wilson/ryan/grose Lawyers can provide advice about communicating with Government Agencies, assist with requests under the RTI Act and assist in limiting access to information about you.
Please contact Ross Sheehy on 4760 0170 for further information.
