Making an application

You will need to complete the approved RTI access application form. Forms can be completed and lodged online, however there are certain mandatory requirements for a valid application that can only be sent via ordinary mail (discussed below). 

You can:

• apply online using the RTI online application or
• download the RTI application form and post it to the RTI and Privacy Unit (details on right).

Making a valid application

• forward payment of the $39.00 RTI application fee with your application (which cannot be waived)
• provide an address in your application to which we can send written correspondence. Your application must also:
• • If the application is for information that contains your personal information, provide us with a certified copy of your identification (at the time of making the application or within 10 business days after submitting your application).
  • If someone is acting as your agent or on your behalf, they must also provide evidence that they have authority to act on your behalf and a certified copy of their identification.

Certified identification documents cannot be submitted electronically.

Documents must be certified by a Commissioner for Declarations, Justice of the Peace or solicitor.

• to locate a JP in your area phone (07) 3239 6098 or 1300 301 147 or go to Find a JP
• to locate a solicitor, visit Queensland Law Society - Find a Solicitor.

Information needed to be able to search for documents

The Act states that an applicant must give sufficient information concerning the document to enable a responsible officer of the department to identify the document. The following table provides a guide to the information we require applicants to provide in the RTI application form to meet these requirements and ensure an application is valid. Failure to supply sufficient information may render an application non-compliant under the Right to Information Act 2009 (RTI Act), causing delays in processing.

What will happen after I make my application to access documents?

Once your application has been received it will be reviewed to ensure that all the necessary information and documentation has been included to make it compliant. If it is not compliant you will be asked to provide further information to make it compliant within 15 days of the application. Once your application is compliant you will receive a written acknowledgement of receipt of the application.

If you do not provide us with requested information when we ask, we may refuse to progress your application on the basis it is noncompliant.

Notice of decision

When your request has been processed, you will be sent a letter setting out the decision and the reasons for the decision explaining what documents were located and why you may have been refused access to documents (or parts of documents).

Time for making decision

The RTI Act generally requires the agency to make a decision on your application within 25 business days from the date it was received. This period can be extended by 10 business days if another person or agency needs to be consulted and by further periods in some circumstances. 

Failure to make a decision in time

If we do not make a decision on your application in time, the RTI Act ‘deems’ us to have made a decision refusing you access to requested documents. At this stage you may apply to the Information Commissioner for external review.

Costs

Application Fee

A $39.00 application fee is payable for applications that include documents that do not contain your own personal information. Please note that the application fee is mandatory in these circumstances because the RTI Act does not permit us to waive the application fee (although we are required to refund it if we do not make our decision on your application in time).

As noted above, your application fee must accompany your application.

Processing charges

If we decide processing or access charges will be payable, a Charges Estimates Notice will be issued to you. This notice will state how many hours it is likely to take to process the application and how much it is likely to cost. If it is likely that the processing time will be five hours or less, you will not be charged.

Processing charges are $6.00 per 15 minutes (or part of 15 minutes). Processing charges are not payable to the extent a document contains an applicant’s personal information.

The Charges Estimates Notice will also give you some information about the documents that have been located that appear to fall within the terms of your request as stated on your RTI application form.

If you want to reduce the number or types of documents and reduce the charges, you can contact the RTI and Privacy Unit to discuss ways in which the terms of the application can be amended so as to reduce the charges.

If you narrow the terms of the application another Charges Estimates Notice will be issued so that you will be aware of the likely costs of continuing with the application. At this stage of the application you may withdraw without any liability for processing charges.

You have 20 business days in which to reply to the Charges Estimates Notice. If you do not reply within the prescribed period then your application is taken to be withdrawn and the file will be closed. It is important that you take note of this date. 

If you miss the due date you will need to lodge a fresh application and meet all the compliance requirements again including paying another $39.00 application fee.

Access charges

In addition to processing charges, applicants are liable for processing charges. Access charges are set at:

• black and white copies: 20 cents per A4 page
• colour copies – actual cost
• CD – no cost
• actual costs for copies of documents, for example, audio or video reproduction.

If it is uneconomical to recoup the costs of the access charges then the department is permitted under the Act not to charge for access.

For all charges, you will be advised of the final total payable in you notice of decision. Please note that the final amount payable cannot exceed the amount set out in the relevant Charges Estimate Notice.

Can charges be waived?

Individuals

The only ground for waiver of charges under the RTI Act is financial hardship. For individuals, financial hardship is simply assessed by whether or not you hold either a health care card or pensioners’ concession card from Centrelink, or a pensioner concession card from the Department of Veteran Affairs. Agencies will require you to provide a certified copy of your concession card (both sides) when you apply for the charges to be waived.

If you lodge your application in person, bring along your original concession card, which will then be sighted and returned to you. If you post your application, you will need to have a copy of your original concession card certified by a Commissioner for Declarations, Justice of the Peace or solicitor.

Non-profit organisations

Charges may also be waived where a non-profit organisation can show financial hardship. Non-profit organisations are organisations that are not carried on for the profit or gain of their individual members (for example charities, churches and clubs). 

A non-profit organisation may apply to the Information Commissioner for financial hardship status by making a written application by post, fax or email (details to the right).

When to make a financial hardship application

If you wish to make an access application but think your organisation is in financial hardship and cannot afford to do so, you can apply to the Information Commissioner for a decision about your financial hardship status before you make an access application to an agency or Minister.

The Right to Information Application Form identifies that applications for financial hardship status need to be made before applying for access to documents.

Making a financial hardship status application prior to making an access application ensures:

• the Information Commissioner has sufficient time to assess the application and make a decision on financial hardship status before an agency or Minister begins preparation of a Charges Estimates Notice (which may end up being unnecessary if charges have to be waived).
• where an application is granted by the Information Commissioner, you can then make an access application to an agency or Minister and be certain that your organisation will not have to pay any processing or access charges in relation to the application.
• where an application is not granted by the Information Commissioner, you may choose not to proceed with making an access application because your organisation cannot afford to pay the processing and access charges.

When can I get access to the documents?

You must pay any applicable processing and access charges before you can gain access to documents. You have 60 business days within which to access any relevant documents. 

Any applicable processing charges must be also paid even if access to the documents is refused, or you fail to see does not seek the information within the access period.

What if I do not agree with a decision?

If the department makes a decision in relation to your application for access to documents, including a decision to refuse you access to documents, that no documents exist or can be located, or not to waive charges, you may either:

• apply for an internal review of the decision, by a different departmental officer no less senior than the original decision-maker
• apply directly to the Information Commissioner for an external review of the decision.

You should note that in general, a 20 business day time limit applies in which you can lodge an application for review.