Review of the Right to Information Act 2009 and Information Privacy Act 2009
The Right to Information Act 2009 (RTI Act) and Information Privacy Act 2009 (IP Act) are an important part of Queensland Government’s integrity framework. The Acts aim to make more Queensland Government information available and ensure protection of an individual’s privacy in the public sector environment.
Section 183 of the RTI Act and section 192 of the IP Act require the Minister to undertake a review of the Acts.The review must consider whether the primary objects of the Acts remain valid, whether the Acts are meeting their primary objects and whether the provisions of the Acts are appropriate for meeting their primary objects.
The review commenced in 2011 and two discussion papers were released for public comment in 2013. Sixty four submissions were received in response.
A further consultation paper was released in 2016 to assist the review. Sixty-nine submissions were received in response to the 2016 consultation paper from government agencies, community organisations, individuals, corporations and media representatives; highlighting the importance of public debate and consultation in relation to right to information and information privacy related issues.
The review has now been completed and a copy of the review report was tabled in Parliament by the Honourable Yvette D’Ath MP, Attorney-General and Minister for Justice and Minister for Training and Skills on 12 October 2017. Read the review report.
In preparing the review report, more reliance was placed on those submissions received in 2017 than on those received in 2013. The consultation paper advised that, in general, submissions would be treated as public documents and published on the DJAG website, with the submitter’s name. However it noted that DJAG may decide not to publish certain material, including:
- defamatory statements or comments
- irrelevant and redundant comments
- comments that violate another person’s privacy
- material that may be in breach of copyright law
- material breaching other law.
Further, some submitters requested that their submission remain confidential.
It is acknowledged that the views of those who previously made submissions in 2013, including government departments and agencies, may have changed, and that some are from agencies that no longer exist.
Consultation paper and discussion papers
Submissions
List of submissions received in 2017
There were 69 written responses to the 2016 consultation paper. Three submissions have not been published because they are regarded as confidential. One submission has been withheld.
- 01 Australian Privacy Foundation
- 02 Bar Association Queensland
- 03 Brisbane City Council
- 04 Brisbane Residents United
- 05 Bruce Baer Arnold
- 06 Caxton Legal Centre Inc
- 07 Community Legal Centres Queensland Inc
- 08 Coolum Residents Association
- 09 Crime and Corruption Commission
- 10 CS Energy Ltd
- 11 Department of Agriculture and Fisheries, Department of Tourism, Major Events, Small Business and the Commonwealth Games, Department of Natural Resources and Mines, Department of Energy and Water Supply, Department of Environment and Heritage Protection
- 12 Department of Communities Child Safety and Disability Services
- 13 Department of Education and Training
- 14 Department of Health
- 15 Department of Housing and Public Works
- 16 Department of Science Information Technology and Innovation
- 17 Department of Transport and Main Roads
- 18 Dereka Ogden
- 19 Development Watch Inc
- 20 Energy Queensland Limited
- 21 Environment Council of Central Queensland
- 22 Environmental Defenders Office
- 23 Gecko Environment Council Association Inc
- 24 Glass Media Group Pty Ltd
- 25 Greg and Joan Darlington
- 26 Helen Underwood [withheld]
- 27 Inspector General Emergency Management
- 28 James Cook University
- 29 Jeremy Tager
- 30 Jonathan Peter
- 31 Joint Media Organisations
- 32 Kenneth Park
- 33 Legal Aid Queensland
- 34 Local Government Association of Queensland
- 35 Lockyer Valley Regional Council
- 36 Mackay Conservation Group
- 37 Megan Carter
- 38 Micah Projects
- 39 Mudjimba Residents Association
- 40 Nathan Laurent
- 41 North Queensland Conservation Council
- 42 Office of the Information Commissioner
- 43 Peakcare Queensland Inc
- 44 QSuper [confidential]
- 45 Queensland Audit Office
- 46 Queensland Council for Civil Liberties
- 47 (former) Queensland Integrity Commissioner
- 48 Queensland Investment Corporation
- 49 Queensland Nurses' Union
- 49 Queensland Police Service
- 50 Queensland Ombudsman
- 52 Queensland Treasury
- 53 Queensland University of Technology
- 54 Queensland Urban Utilities
- 55 Reg Lawler
- 56 Residents for Responsible Development
- 57 Sam McRorie (Sunshine Coast Hospital and Health Service)
- 58 Samantha Rose
- 59 Sean Kelly
- 59 UnitingCare Queensland
- 60 Stephen Keim
- 61 SunWater [confidential]
- 63 University of Queensland
- 64 University of Southern Queensland
- 65 University of the Sunshine Coast
- 66 Whistleblowers Action Group Queensland Inc
- 67 Wide Bay Burnett Environment Council Inc
- 68 William Forgan Smith
- 69 Group of individuals [confidential]
List of submissions received in 2013
There were 64 written responses to the 2013 consultation paper. Six submissions have not been published because they are regarded as confidential. One submission has been withheld.
- 01 Aaron Munsie
- 02 Attorney General s Department Commonwealth
- 03 Brisbane City Council
- 04 Commission for Children and Young People and Child Guardian
- 05 Courier Mail
- 06 Crime and Misconduct Commission [confidential]
- 07 CS Energy Ltd
- 08 DAF DNRM DEHP DTESB DEWS and DNPSR
- 09 Department of Communities Child Safety and Disability Services
- 10 Department of Education Training and Employment
- 11 Department of Health
- 12 Department of Justice and Attorney General Right to Information and...
- 13 Department of Natural Resources and Mines Mine Safety and Health
- 14 Department of Science Information Technology Innovation and the A...
- 15 Department of State Development Infrastructure and Planning
- 16 Department of Transport and Main Roads
- 17 Desley Peters
- 18 Don Wills
- 19 Energex
- 20 Gerry Cottle
- 21 Helen Underwood [withheld]
- 22 Jennifer Stewart
- 23 John Sleigh
- 24 Joseph Maurirere
- 25 Kalinga Wooloowin Residents Association Inc
- 26 Legal Aid Queensland
- 27 Lisa Seddon
- 28 Liz McGuire
- 29 Lucio Piccoli
- 30 Mackay Regional Council
- 31 Megan Carter
- 32 Metro North Hospital and Health Service
- 33 Microsoft Australia
- 34 Nine Network Australia
- 35 Office of the Australian Information Commissioner
- 36 Office of the Information Commissioner
- 37 Port of Townsville Limited
- 38 Powerlink [confidential]
- 39 QIC Limited
- 40 Queensland Association of Independent Legal Services
- 41 Queensland Government Chief Information Office
- 42 Queensland Law Society
- 43 Queensland Ombudsman
- 44 Queensland Police Service
- 45 Queensland Ports Association Inc. [confidential]
- 46 Queensland Public Interest Law Clearing House
- 47 Queensland Rail
- 48 Queensland Treasury and Trade
- 49 Queensland Urban Utilities
- 50 Redland City Council
- 51 Robert Bowles
- 52 Rockhampton Regional Council
- 53 Scenic Rim Regional Council
- 54 SEQ Water
- 55 Seven Network
- 56 Stadiums Queensland
- 57 Steven Wheeler
- 58 Sunshine Coast Regional Council
- 59 SunWater [confidential]
- 60 The Public Trustee
- 61 Tourism and Events Queensland [confidential]
- 62 UnitingCare Community and Blue Care
- 63 University of Queensland
- 64 Individual submission [confidential]