Access under the statutory schemes - the RTI and the IP Acts

There are two key Acts that people can use to access documents held by Queensland Government: the Information Privacy Act 2009 (IP Act) and the Right to Information Act 2009 (RTI Act).

Both the RTI Act and the IP Act allow people to apply for documents containing information.  Documents include files, computer printouts, maps, plans, photographs, tape recordings, films or videotapes and other means of storing information, and copies, extracts from or parts of documents.

The IP Act creates a right for individuals to apply for their own personal information. The RTI Act creates a right for individuals to apply for all other information. Which Act your application will be dealt with under will depend on the type of information you are seeking.

Which Act should I apply under?

If you are not sure, just contact the department and you will be advised which Act is the appropriate one for you to lodge your access application.

The IP Act is appropriate if you are applying only for documents containing your own personal information (or personal information of another person and you are applying on their behalf).  Personal information is information or an opinion about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. Information does not have to be correct in order to be personal information. Information does not have to contain a name to be personal information.

The RTI Act is the appropriate Act if you are applying for documents that are non-personal in nature then the RTI Act is the appropriate Act. The RTI Act is also the appropriate Act if you are applying for documents that contain both your own personal information (or on behalf of another person) as well as documents that do not contain your own personal information.

The IP Act is the appropriate act to apply under if you are just seeking to access documents containing your personal information.

RTI applications

RTI applications received in the Department of Justice and Attorney-General are generally for the following:

• Workplace Health and Safety Queensland investigation files
• Electrical Safety Office investigation files
• Director of Public Prosecutions, prosecution files
• policy and legislation files
• Coroner files
• internal recruitment, grievance and disciplinary staff files.