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Making an access application

Application form
Evidence of identity

Application fee
Processing and access charges
Charges Estimate Notice
Waiver of charges
Timeframes for processing applications
The decision
Access to information
Amendment of personal information
Internal review
External review

The Commission is committed to providing access to information it holds, to the greatest extent possible. As far as possible, the Commission proactively discloses information on its website, and that information can be accessed either through the relevant topic areas or the Publications​ Scheme. In addition, the Commission has an administrative release scheme that you can use to access your own personal information.

Access under the Information Privacy Act 2009​ or the Right to Information Act 2009.

If the information you wish to access is not already published or available administratively, you can apply for access your own personal information under the Information Privacy Act 2009 (IP Act), or information that is not exclusively your personal information under the Right to Information Act 2009 (the RTI Act).

The IP Act and the RTI Act give all members of the community the general right to access documents in the possession of the Commission, unless on balance it is contrary to the public interest to provide that information. The IP Act and the RTI Act provide for access to documents; they do not provide a mechanism for obtaining answers to questions or reasons for decisions. If the information you seek is not contained in documents, we will try to provide information in response to your request. 

Making an application

Application form

An application under either the IP Act or the RTI Act must be made on the approved form.

When identifying the documents you wish to access, you should provide as much information as possible about the nature of the documents to enable the documents to be located. 

Evidence of identity

If your application is for your own personal information, you must provide evidence of identity with your application. This is to protect your privacy and to ensure that your personal information is not disclosed to any other person. Appropriate evidence of identity includes a certified copy of documentation that will enable us to verify your name, address and signature, for example: a current driver licence, etc.

Application fee

If your application is not exclusively for your own personal information, then it will be necessary for you to apply for access under the RTI Act and an application fee will be payable with the application. It is not a valid application and processing times do not begin to run until the application fee is received. You will be notified if an application fee is payable in relation to your application and you have not provided the application fee. If an application fee is payable, it cannot be waived.

Processing and access charges

The amount of the fees and charges is set by the Queensland Government and not by the Commission. If your application is for personal information, an access charge may be payable. The Office of the Information Commissioner provides information for when charges may be applicable.

Any processing and access charges must be paid before access is given. The processing charge is payable even if access is not given because the information is exempt from disclosure.

Timeframes for processing applications

The decision-maker must generally make a decision within 25 business days.

The time by which the decision is required to be made will be extended by 10 business days where there is a need to consult with a third party or another government agency about the release of information.

The time will also be extended if the application is for non-personal information and steps need to be taken in relation to processing and access charges, as outlined above.

If it is not possible to process the application within the prescribed time, the decision-maker might request an extension of time in which to finalise the request. If you do not agree to the extension of time, you can apply to the Information Commissioner for external review of the deemed decision to refuse you access.

The decision

You will be advised of the decision by a letter which will include:

  • the decision (or notification that a document is not held by the Commission) if access is to be given
  • the period within which you may access the document if access is to be given subject to the deletion of exempt information
  • the section of the relevant Act under which the information is exempt and the reason for the decision if the application is refused, the reasons for the refusal details of processing and access charges
  • any amount payable before access will be given
  • your rights of review.

Access to information

Access can be given by a variety of methods including providing you with photocopies of documents or by allowing you to inspect the original documents (unless exempt information is deleted, in which case only 'marked up' copies of the documents can be inspected).

Access to electronically stored information is possible when the Commission can produce a document or report using the information and communication technology resources normally employed in performing its functions.

Access may be deferred if third parties have been consulted and a decision is made to release information against their objections. The deferral of access is to allow consulted third parties time to apply for review of the decision should they wish to do so.

Amendment of personal information

If you have had access to your personal information held by the Commission, you may apply under the IP Act to have the information amended if it is inaccurate, incomplete, out-of-date or misleading. Please use the amendment application form.

The Commission may amend records by: altering the information, or adding an appropriate notation to the information. If the Commission refuses to amend information, you can require the Commission to add a notation to the document.

Internal review

Applicants for access or amendment and any third party who has been consulted, may lodge an application for internal review of a decision within 20 business days from the date of the decision.

The application for an internal review must be in writing and should be forwarded to the Manager, Corporate Services.

The application will be reviewed by someone who is at least as senior as the original decision maker. The Manager, Corporate Services will ensure that this occurs and also that the internal reviewer has the necessary independence from the information so that there is no conflict of interest.

The internal reviewer will make a fresh determination and the decision may be the same as or different from the original decision. The internal reviewer will advise both the applicant and any concerned third parties of the decision and their rights of appeal and review.

The internal reviewer must process the application for review and notify the applicant of the decision within 20 business days of receipt of the request for internal review. If they do not do so, then the decision is a deemed affirmation of the original decision and the applicant may apply for an external review.

External review

An applicant or third party may choose not to seek internal review and apply directly to the Information Commissioner for external review of the decision. Alternatively, they may seek external review of an internal review decision, or a deemed decision if a decision is not made with the statutory time frame.

An applicant or third party must apply to the Information Commissioner for external review within 20 business days from the date of the initial decision or the internal review decision.

This application must be in writing and should be addressed to the Office of the Information Commissioner at:

Office of the ​Information Commissioner 
PO Box 10143
Adelaide Street​
Brisbane Qld 4000 

You may also contact the Office of the Information Commissioner on (07) 3234 7373 or enquiries@oic.qld.gov.au.

Last modified: 
15 December 2017