Access keys | Skip to primary navigation | Skip to secondary navigation | Skip to content | Skip to footer
Problems viewing this site
Skip BreadcrumbHome > About us > Freedom of information

Freedom of information

On this page:

What is freedom of information?

The Queensland Freedom of Information Act 1992 (the FOI Act):

  • gives you a right to apply for access to documents held by government agencies
  • gives you a right to apply for amendment of personal information about you held by government agencies
  • requires government agencies to publish information about their structure, what they do and what documents they hold.

The FOI Act applies to Queensland ministers, Queensland government departments, local councils and most semi-government agencies and statutory authorities. It does not apply to documents held by the commonwealth government or by other state governments.

What are documents?

Documents includes files, computer printouts, maps, plans, photographs, tape recordings, films or videotapes and other means of storing information. Documents already publicly available, 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 do I make an FOI application?

The application must be in writing and provide such information concerning the document as is reasonably necessary to enable an officer to identify the document. Your application will be acknowledged within fourteen days of it being received.

How much will it cost?

There is no application fee to look at documents about your 'personal affairs'. You can also ask for a free copy of these documents. Proof of identity will be required before providing access to 'personal affairs' documents. However, there is an application fee of $36.50 for requests for access to 'non-personal affairs' documents and other charges for making photocopies, plus special rates for other means of information storage.

What happens when access is granted?

You will be notified in writing of the decision to grant access. You may inspect the agency's documents and obtain a copy. 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 FOI Coordinator will discuss with you how, when and where you can view the material.

Can I have documents amended?

You can apply to an agency for correction or amendment of any part of the information about your 'personal affairs' that you believe is inaccurate, incomplete, out-of-date or misleading. Requests for amendment must be in writing and specify the information that requires amendment.

The 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.

What if I'm refused access?

If you are not satisfied with any decision about your application, you have a right to ask for a review.

For instance, you may have been refused access to whole or part of a document, refused an amendment or perhaps you are concerned that your personal or business affairs will be disclosed to someone else.

Internal review

The first step is to apply for an internal review within 28 days of being told 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.

External review

If you are still dissatisfied, you can write to the Office of the Information Commissioner, PO Box 10143 Adelaide Street, Brisbane, Queensland 4000 and apply for an external review. The Information Commissioner may change or confirm the decision made on your FOI request or try to mediate a settlement between the parties.

Administrative access - client files

Where Legal Aid Queensland acts for you as your solicitor, you are entitled to certain documents held on your file(s). You can apply in writing to LAQ for access to those documents. For further information, download the Administrative Access Adobe PDF iconpolicy document (PDF - 81k).

 

Last updated 20 May 2008
FOI contact
Principal FOI Officer
Legal Aid Queensland
GPO Box 2449
Brisbane QLD 4001
Telephone: 1300 65 11 88
Facsimile: 07 3238 3340
Form
FOI application form (PDF - 167k)