The Queensland Freedom of Information Act 1992 (FOI Act) provides the public with a legally enforceable right to obtain information about the operations of Queensland government agencies, to gain access to documents held by government agencies, and to seek amendment of information held by government agencies concerning their personal affairs if that information is inaccurate. QUT is subject to the FOI Act, because it is a public authority established by an Act of the Queensland Parliament.
- How does the University keep the public informed about its operations?
- What access and amendment rights are conferred by the Act?
- What documents can you see?
- Is any information not available?
- How do you make an FOI request for access to documents?
- What does the University do when it receives your FOI request?
- What are 'personal affairs' documents?
- In what form will the documents be given?
- Will there be a charge to obtain access to documents under FOI?
- How do you make an FOI request to amend documents?
- How do you ask for amendments to be made to documents?
- What does the University do when it receives your request for amendment of information?
- What decisions can you appeal against?
- What are your rights of appeal?
- Further information
1. How does the University keep the public informed about its operations?
The University is required to publish annually a detailed statement of its affairs describing:
- Its structure and functions
- How its functions affect the public
- How the public may participate in the exercise of the University's functions and the formulation of University policy
- The boards, committees, and councils that advise the University and whose meetings are open or its minutes available to the public
- The kinds of documents held by the University, and how members of the public may obtain access to them
- How members of the public may seek amendment of the University's documents concerning their personal affairs.
The University is also required to make available for public inspection a copy of its rules, guidelines and practices that are used in making decisions which affect members of the public.
2. What access and amendment rights are conferred by the Act?
The FOI Act gives you a legal right to:
- Seek access to documents, including those about your personal affairs, held by the University
- Appeal against the University's refusal to grant you access to a document
- Request that information about your personal affairs contained in a University document be amended if you believe the information is inaccurate, incomplete, out of date, or misleading
- Appeal against the University's refusal to amend a personal record.
3. What documents can you see?
The FOI Act gives you a right to seek access to documents irrespective of when they were created. Documents include files, reports, emails, computer printouts, maps, plans, photographs, and audio and video tape recordings.
If you make an FOI request for access to a document and that document is already available, for instance in a public library or can be purchased from the University through existing arrangements, the University may refuse access under the Act.
4. Is any information not available?
The Act provides that access to certain documents or to certain information contained in documents may be refused in order to protect essential public interests or the private or business affairs of others. Such information is referred to as exempt material. Access to documents which contain information about the private affairs of others will generally be refused.
The University may also refuse access to documents on the grounds that there would be a substantial and unreasonable workload in dealing with the application.
If a request to obtain access is refused, the University will give you specific written reasons for the decision. The University will also advise you of your right to appeal against the decision.
5. How do you make an FOI request for access to documents?
An FOI request must be made in writing. The following steps should be followed when applying for access under FOI:
- Download the application form or make a written request by either letter or email
- Provide as much information as you can to enable identification of the documents of interest to you
- State whether you wish to inspect the documents, obtain a copy, obtain a transcript, or listen to or watch a tape recording
- Post, deliver or email your application to the University through the FOI Officer
- Pay the relevant application fee if you are requesting non-personal documents
6. What does the University do when it receives your FOI request?
The University is required:
- To acknowledge, within 14 days, receipt of your request
- To consult with you about any difficulties in dealing with your request
- Within 45 days to give you access to the documents or to give you specific written reasons for refusing access. If the documents pre-date 1987, and are not personal affairs documents, or if the University must consult with a third party before releasing the documents, the University has 60 days to respond to your request.
7. What are 'personal affairs' documents?
'Personal affairs' documents contain information of private concern to an individual, such as medical history, family or domestic relationships, and personal financial records. A document is not a 'personal affairs' document if it merely contains reference to a person's name.
If you wish to obtain access to documents concerning your own personal affairs, proof of your identity will be required (eg passport, driver's licence, student identity card).
8. In what form will the documents be given?
If you wish only to inspect the documents you will be provided with reading facilities. At your request, the University will provide you with a copy of the documents. In either case, special arrangements may need to be made, for example, to allow you to listen to or watch a tape recording, or to provide you with computer printouts or transcripts of documents.
Special arrangements may also apply if you want to obtain access to documents containing information about your physical or mental health. The University may decide to give the documents to a doctor of your choice who meets with the University's approval.
9. Will there be a charge to obtain access to documents under FOI?
There is no application fee for access to documents concerning your personal affairs, nor is there a charge for photocopies of personal affairs documents.
A $38.00 application fee is payable for requests for access to documents which do not concern your personal affairs. In addition, for non-personal applications, charges of $5.80 per 15 minutes, for time spent searching for documents and processing the application, and for supervising inspection of documents, are payable. A charge for photocopying of 20 cents per A4 page is also applied, and the University may recover its costs for giving access in another form (eg viewing or obtaining a copy of a video).
If you make a non-personal application, you will receive a preliminary assessment of charges and you may consult with the University on options for reducing the cost of the application. In limited circumstances charges may be waived on grounds of financial hardship. The processing charges are also waived if the total time involved is less than two hours.
10. How do you make an FOI request to amend documents?
You have the right to apply for amendment of information relating to your own personal affairs contained in University documents if you believe that information to be inaccurate, incomplete, out-of-date, or misleading. If the University agrees to amend the information this may be done by altering the information or adding a notation to the information.
11. How do you ask for amendments to be made to documents?
A request to amend personal affairs information must be made in writing. The following steps should be followed:
- Make a written request either via letter or email.
- Identify what information is inaccurate, incomplete, out-of-date, or misleading
- Explain what the facts are; what proof you have; and what amendments you would like made
- Post, deliver or email your application to the FOI Officer.
12. What does the University do when it receives your request for amendment of information?
The University is required within 30 days to notify you of its decision. If the University does not make the amendments you request, it will give you specific written reasons for its decision, and will advise you of your right to appeal against the decision.
13. What decisions can you appeal against?
You have the right to appeal against the following decisions:
- A refusal to grant access to a document or to grant access at the time requested
- A refusal to grant access to part of a document
- A decision to allow another person access to a document which you consider to be exempt from access
- A decision to give you access to a document containing information about you of a medical or psychiatric nature through a doctor rather than directly to you
- A decision to levy an application fee or a charge for access which you think is unreasonable
- A refusal to amend personal affairs information that you believe to be inaccurate, incomplete, out-of-date, or misleading, or to amend that information in the way requested.
14. What are your rights of appeal?
Internal Review
If the decision on your FOI request was made by a University officer other than the Vice-Chancellor, you may request the University to reconsider its decision.
An application for internal review must be lodged within 28 days of notification of the decision. The application must be in writing or made via email.
The review process will be assisted if you state why you think the decision should be changed, or what aspects of the decision are of concern to you.
A fresh decision will be made within 14 days by the Registrar as Review Officer. Reasons will be given if your request is not met.
External Review
The Information Commissioner is an independent body responsible for reviewing the FOI decisions of all agencies.
An application to the Commissioner for external review may be made if:
- Your request was decided originally by the Vice-Chancellor; or
- You are dissatisfied with the outcome of an internal review.
You cannot appeal to the Information Commissioner if an internal review was possible but you did not exercise that right of appeal.
An application for external review must be in writing, and made within 60 days of notification of the decision. However, if you are seeking external review of a decision to disclose information contrary to your wishes, you must apply within 28 days.
The Commissioner will keep you informed about the conduct of the review and may seek further information or submissions from you.
The onus lies with the University to justify its decision. The Commissioner has the power to affirm, vary, or set aside the University's decision or to substitute a decision. The Commissioner also has the power to attempt to negotiate a settlement at any time.
If you think the Information Commissioner has made an error on a question of law, you may refer the matter to the Supreme Court for a determination.
15. Further Information
Further information on FOI matters may be obtained by contacting:
FOI Officer
Governance Services
QUT - Gardens Point Campus
GPO Box 2434
Brisbane QLD 4001
Phone: (07) 3138 2902
Fax: (07) 3138 1818
Email: foi@qut.edu.au