Queensland Numbered Acts

RIGHT TO INFORMATION AND INTEGRITY (OPENNESS AND TRANSPARENCY) AMENDMENT ACT 2012 No. 45 - SECT 6

Section 78—

omit, insert—

'(1) This section applies if a person makes a valid access application to a department or a Minister.

'(2) The department or Minister must, as soon as practicable after the application is made, include the following information about the application in a disclosure log—

(a) details of the information being sought by the applicant, as stated in the application;

(b) the date the application was made.

'(3) If the department or Minister decides to give access to a document that does not contain personal information of the applicant and the applicant accesses the document within the access period, the following must be included in a disclosure log as soon as practicable after the applicant accesses the document—

(a) a copy of the document;

(b) the applicant's name;

(c) if access to the document was sought for the benefit of, or use of the document by, an entity other than the applicant—the name of the other entity.

'(4) If the department or Minister decides to give access to a document that does not contain personal information of the applicant and the applicant fails to access the document within the access period, details identifying the document, and information about the way in which the document may be accessed and any applicable charge, must be included in a disclosure log as soon as practicable after the access period ends.

'(5) A person may access a document the details of which are included in a disclosure log under subsection (4) on payment of the applicable charge, and in the way mentioned in the disclosure log.

'(6) After a person accesses a document under subsection (5)—

(a) no further charge is payable for access to the document by any person; and

(b) a copy of the document must be included in a disclosure log.

'(7) However, the inclusion of a document or information in a disclosure log under this section is subject to section 78B(2).

'(8) In this section—

valid access application means an access application that—

(a) is in a form complying with all relevant application requirements; and

(b) is not an application to which section 32 applies.

'(1) If an agency makes a decision in relation to an access application to give access to a document that does not contain personal information of the applicant and the applicant accesses the document within the access period—

(a) a copy of the document may be included in a disclosure log, if this is reasonably practicable; or

(b) otherwise—details identifying the document and information about the way in which the document may be accessed may be included in a disclosure log.

'(2) A person may access a document the details of which are included in a disclosure log under subsection (1)(b) for no charge and in the way mentioned in the disclosure log.

'(3) If an agency decides to give access to a document that does not contain personal information of the applicant and the applicant fails to access the document within the access period, details identifying the document, and information about the way in which the document may be accessed and any applicable charge, may be included in a disclosure log.

'(4) A person may access a document the details of which are included in a disclosure log under subsection (3) on payment of the applicable charge, and in the way mentioned in the disclosure log.

'(5) After a person accesses a document under subsection (4)—

(a) no further charge is payable for access to the document by any person; and

(b) a copy of the document may be included in a disclosure log.

'(6) However, the inclusion of a document or information in a disclosure log under this section is subject to section 78B(2).

'(7) In this section—

agency does not include a department or a prescribed entity under section 16.

'(1) An agency maintaining a disclosure log must ensure the disclosure log complies with any guidelines published by the Minister on the Minister's website (to the extent the guidelines are consistent with this Act).

'(2) Without limiting subsection (1), an agency must delete from any document or information included in a disclosure log under section 78 or 78A, any information (including an individual's name)—

(a) the publication of which is prevented by law; or

(b) that may be defamatory; or

(c) that, if included in the disclosure log, would unreasonably invade an individual's privacy; or

(d) that is, or allows to be ascertained, information—

(i) of a confidential nature that was communicated in confidence by a person other than the agency; or

(ii) that is protected from disclosure under a contract; or

(e) that, if included the disclosure log, would cause substantial harm to an entity.

'(3) In this section—

agency includes a Minister but does not include a prescribed entity under section 16.'.