What is Right to Information

The Right to Information Act 2009 (RTI Act) and the Information Privacy Act 2009 (IP Act) form the legislative basis upon which the Queensland Government exercises its commitment to transparency in government. The RTI Act and IP Act replace the Freedom of Information Act 1992 (Qld) and provide for a legal right of access to information held by state and local government agencies, unless on balance it is contrary to the public interest to do so. For clarification on what determines the ‘public interest’, refer to schedule 4 of the RTI Act. Schedule 4 stipulates what is:

  • irrelevant to deciding the public interest
  • favouring disclosure in the public interest
  • favouring non-disclosure in the public interest and
  • favouring non-disclosure in the public interest because of public interest harm in disclosure.

The RTI Act and IP Act aim to make more information available, provide equal access to information across all sectors of the community and provide appropriate protection for an individual’s privacy.

The nature of information sought determines which Act the application is based upon. The RTI Act protects your right to access information of a non-personal nature. The IP Act protects your right to access information of a personal nature.

The Queensland Government developed the IP Act to ensure that personal information held by Queensland Government agencies is collected lawfully and is protected from unauthorised use, access and disclosure. It also recognises that people can gain access to their own personal information to check its accuracy and request changes if necessary.

The Commission has developed its own Right to Information Guidelines and Privacy Policy which can be located under Policies and Guidelines.

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