Information Privacy
The Queensland Government collects and manages personal information held in government in accordance with Information Privacy Act 2009 (IP Act). The primary intent of the legislation is to protect the privacy of personal information of the people of Queensland collected and used in the delivery of government services and the conduct of government business. Further information can be obtained from http://www.rti.qld.gov.au or alternately contact the Manager, Right to Information and Privacy.
Manager, Right to Information and Privacy
Legal Services
Department of Public Works
GPO Box 2457
Brisbane QLD 4001
From 1 July, the Information Privacy Act 2009 replaced Queensland’s administrative privacy scheme under Information Standard 42 and Information Standard 42A. For further information on the new legislation go to http://www.rti.qld.gov.au/privacy
How do I make a application to access my personal information?
Information Privacy application forms are available online. The application must be:
• in the approved form;
• give sufficient information concerning the document to enable the responsible officer of the agency or the Minister to identify the document and
• State an address to which notices under the Act may be sent to the applicant.
The applicant must provide with the application or within 10 business days after making the application evidence of identity or any applicant’s agent’s authorisation and evidence of the identity for the agent.
Applications should be sent to:
Manager, Right to Information and Privacy
Legal Services
Department of Public Works
GPO Box 2457
Brisbane QLD 4001
How much will it cost?
There is no application fee for an individual who wishes to access their personal information. However, access charges will be imposed for any documents that are provided to the applicant. The access charges are 20 cents per page.
When will the application be processed?
The department must acknowledge the application within 10 business days of receipt. The department has 25 business days in which to make a decision. This period can be extended if consultation with a third party is required.
What about consultation?
When processing Information Privacy applications, it may become necessary for the decision-maker to consult with a third party or parties, if the release of the documents in question may reasonably be expected to be of concern to that party.
While the views of the third party are taken into account, the final decision lies with the decision maker.
If the third party is dissatisfied with the decision in relation to those documents, they may seek a review of the decision. The documents in question will not be provided to the applicant until the rights of review of the third party have expired and not been exercised or the review application is decided.
What happens when access is granted?
You will be notified in writing of the decision to grant access. If you have been granted access to documents, you will be provided with a copy of the documents or you may wish to inspect the documents. In some cases, another form 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 decision maker will discuss with you how, when and where you can view the material.
What if I am refused access?
If you are refused access to a document; or the document is exempt in full or in part the department must give you written reasons for the decision. The department must also tell you of your rights of appeal.
What are my rights of appeal?
If you are not satisfied with any decision about your application, you have a choice to ask for a either an internal review to the department or external review to the Office of the Information Commissioner.
Internal review (Optional)
If you choose the option of applying for an Internal Review you must apply to the department within 20 business days of being advised of the decision. There is no fee or charge payable by an applicant for requesting an internal review of the decision. An application for review must be in writing.
A person who is not less senior to the original decision-maker will review your application and inform you of the review decision within 20 business days.
External review
You may choose to apply directly to the Office of the Information Commissioner for external review of an original decision instead of applying for internal review.
Applications may be sent to the Office of the Information Commissioner, GPO Box 10143, Adelaide St Brisbane QLD 4000
However, if you have applied for internal review to the department and are dissatisfied with the decision, you may apply for an external review within 20 business days of the department's decision. The Information Commissioner may overturn or uphold the decision made on your RTI request or try to mediate a settlement between the parties.
No fee or charge is payable for requesting an external review.
Can I have documents amended?
If you have had access to a document from an agency or Minister containing information relating to your personal information, or the personal information of a deceased person to whom you are next of kin, you can apply to an agency or Minister for amendment of any part of the information if it is inaccurate, incomplete, out of date or misleading.
Requests for amendment must:
• be in writing
• specify an address to which notices may be sent
• give particulars of the matters in relation to which you believe the information
• kept by the department or the Minister is inaccurate, incomplete, out-of-date or misleading
• specify the amendments you wish to be made.
All applications for amendment of information should be sent to:
Manager, Right to Information and Privacy
Legal Services
Department of Public Works
GPO Box 2457
Brisbane QLD 4001
You will be notified of a decision within 25 business days from the date on which the application was received by the department.
Further information
Manager, Right to Information and Privacy
Legal Services
Department of Public Works
GPO Box 2457
Brisbane QLD 4001
Tel: 07 3224 5245
Fax: 07 3224 6