Page menu

Right to Information and Information Privacy

What is Right to Information?

Queensland legislation replacing Freedom of Information (FOI) laws came into effect on 1 July 2009, namely:

Right to Information Act 2009

Information Privacy Act 2009

The Right to Information Act (RTI) aims to make more government information available to all sectors of the community. The RTI Act is complemented by the Information Privacy Act 2009 (IP Act), which establishes a right to access and to amend personal information.

 

What is Information Privacy?

The Information Privacy Act (IP) guides how you can:

  • access your personal information; and
  • advise us about any changes or amendments to your personal information.

Information Privacy legislation also guides how Council manages your personal information.

Western Downs Regional Council Privacy Statement

Information Privacy Policy

Website Collection Notice

 

More about Right to Information and Information Privacy

You can find more about the Right to Information on the Queensland Government’s website.

You can find more about Information Privacy on the Queensland Government’s website.

 

How can I access Council information?

Information held by Council can be accessed in the following key ways:

Disclosure Log

Provides access to information given out in response to a non-personal legislative application:

  • A disclosure log is another method that enables the public to access information.
  • The log contains information released through formal, non-personal Right to Information requests. It ensures that any information given out in response to a legislative application is made available to a wider public, not just the person that requested it.
  • View Council’s disclosure log.

If you have been unable to find the information you are seeking on our Disclosure Log, please contact Council to discuss whether the information is able to be released under our administrative access:

Western Downs Regional Council
PO Box 551
DALBY Q 4405
Telephone: 1300 COUNCIL (1300 268 624)
Facsimile: 1300 FAXWDRC (1300 329 937)
Email: info@wdrc.qld.gov.au

 

Administrative access scheme

Provides access to personal and non personal information:

The phrase ‘administrative access’ or ‘administrative release’ simply means providing information to a person in an informal way – it could be provided verbally over the phone, in an email, or by post for example. An applicable fee may be charged for access to the information.

It is a quick and simple way to give you information, without you having to resort to formal legal processes to obtain information.

In the first instance please contact:

Governance Team
Western Downs Regional Council
PO Box 551
DALBY Q 4405
Telephone: 1300 COUNCIL (1300 268 624)
Facsimile: 1300 FAXWDRC (1300 329 937)
Email: info@wdrc.qld.gov.au

or write to Council:

Western Downs Regional Council
PO Box 551
DALBY Q 4405

If the Chief Executive Officer (or their nominated officer) decides the information requested could not be provided administratively (for example if there are commercial sensitivities), you will be instructed to complete a formal Right to Information Application.

 

Right to Information applications

Provides access to personal and non-personal information:

There will be situations where a member of the public seeks information that isn’t available through the Disclosure Log or Administrative Access Scheme.

If the Chief Executive Officer (or their nominated officer) decides the information requested could not be provided administratively, you will be instructed to complete a Formal Right to Information Application and lodge it to:

Western Downs Regional Council
PO Box 551
DALBY Q 4405
Email: info@wdrc.qld.gov.au

All applications under the RTI Act must:

  • be in the approved form and accompanied by the application fee;
  • give sufficient information concerning the documents to enable a responsible officer of the department to identify the documents;
  • state an address to which notices under the RTI Act may be sent;
  • (if you are also seeking access to your personal information) provide evidence of your identity within ten (10) business days; and
  • (if you are an agent applying on behalf of someone else) provide evidence of your identity and evidence of your authorisation (e.g. court order) within ten (10) business days.

Charges under the RTI Act

Applications under the RTI Act (whether non-personal or coupled with a request for personal information) incur the following charges:

  • $48.00 application fee;
  • $29.80 per hour ($7.45 per 15 minutes or part there of) processing charge for applications taking longer than 5 hours to process; and
  • $0.25 per A4 page access charges.

How long will it take to process an information access or amendment request?

You will receive acknowledgement of receipt of your request within fifteen (15) business days.

Council is required to respond to your application within 25 business days of receipt. If consultation with another person or entity is required under the RTI Act or IP Act, another ten (10) business days is permitted to process the application. You will be advised if consultation is necessary.

Also, if the decision-maker needs more time to consider your application for other reasons, you will be notified and your permission will be requested to extend the processing period.

Applications made on behalf of children

Section 25 of the RTI Act and section 45 of the IP Act provides that a parent or guardian of a child may make an application on behalf of the child for access to documents. In making an application pursuant under the RTI or IP Act the parent or guardian must:

  • specify in writing that the application is made on behalf of the child;
  • state his/her name and the names of the child or children concerned; and
  • provide documents proving his or her identity and evidence of their relationship to the child or children concerned.

Access to or amendment of your ‘personal information’

“Personal information” is information or an opinion, including information or an opinion forming part of a database, whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

The [Italic] Information Privacy Act 2009 (Qld) (IP Act) provides safeguards for the handling of personal information in the public sector and allows access to and amendment of that personal information.

If you wish to access documents held by Council containing your personal information or if you wish to amend the personal information that Western Downs Regional Council holds about you, we recommend you lodge a request by downloading and completing an Information Access Application form or Information Privacy Personal Amendment Application form and lodge it to:

Western Downs Regional Council
PO Box 551
DALBY Q 4405
Email: info@wdrc.qld.gov.au

There are no application fees or processing charges for a personal information request or amendment under the IP Act.

If you have had access to a document that contains your personal information that is inaccurate, incomplete, out-of-date or misleading, please ensure that your application specifies:

  • what particulars you wish amended;
  • why you believe the information to be incomplete, incorrect, out-of-date or misleading;
  • the amendments you wish to make; and
  • your address and telephone number so you can be advised of the result of your application.

 

Accessing or Amending Your Personal Information

‘Personal information’ is information or an opinion, including information or an opinion forming part of a database, whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

The Information Privacy Act 2009 (Qld) (IP Act) provides safeguards for the handling of personal information in the public sector and allows access to and amendment of that personal information.

If you wish to access documents held by Council containing your personal information or if you wish to amend the personal information that Western Downs Regional Council holds about you, we recommend you lodge a request by downloading and completing an Information Access Application form or Information Privacy Personal Amendment Application form and lodge it to:

Western Downs Regional Council
PO Box 551
DALBY Q 4405
Email: info@wdrc.qld.gov.au

There are no application fees or processing charges for a personal information request or amendment under the IP Act.

If you have had access to a document that contains your personal information that is inaccurate, incomplete, out-of-date or misleading, please ensure that your application specifies:

  • what particulars you wish amended;
  • why you believe the information to be incomplete, incorrect, out-of-date or misleading;
  • the amendments you wish to make;
  • your address and telephone number so you can be advised of the result of your application.