Cassowary Coast Regional Council

Right to Information and Information Privacy Right to Information and Information Privacy

Trust and Transparency

Right to Information (RTI) Day will be held on 28 September and we are an official partner.  The theme this year is ‘Trust and Transparency’.

Throughout the week we will confirm our commitment to improving access to information for the community consistent with the Right to Information Act 2009 and the Information Privacy Act 2009.  These Acts are part of a broader framework supporting Council to meet community expectations for a more open, transparent and accountable government.

An important activity associated with RTI Day is the Solomon Lecture.  The Solomon lecture will be hosted by the Queensland Office of the Information Commissioner in partnership with the Public Service Commission on 24 September 2018 from 11am to 12.30pm, at Level 4, 1 William Street, Brisbane.  More information and register at https://solomonlecture.eventbrite.com.au If you cannot attend we encourage you to which the livestream which can be accessed via https://www.oic.qld.gov.au/rtiday2018

Our publication scheme http://www.cassowarycoast.qld.gov.au/web/guest/publication-scheme1 and administrative access arrangements, such as online services, are examples of how we can proactively release information to individuals and the community.  However, we remain responsible for protecting sensitive information from release where the RTI Act and IP Act recognise to do so would be contrary to the broader public interest, for example certain law enforcement information.

 

The Right to Information Act 2009 (RTI Act) and the Information Act 2009 (IP Act) aim to make more information available, provide equal access to information across all sectors of the community, and appropriate protection for individuals' privacy.  Right to information gives you the right to access and amend information held by public sector agencies in Queensland unless there is a good reason for it not to be provided.  You have a right to access your personal information held by government under the Information Privacy Act 2009.  You have a right to access personal and non-personal information held by government under the Right to Information Act 2009.  This legislation replaces the former Freedom of Information Act 1992.

Application Fee and Processing Charges (1 July 2018)

As at 1 July 2018 the access application is $49.70 and the processing charge is $7.70 for each 15 minutes or part thereof.

OIC resources, including the Fees and Charges guideline, have been updated to reflect the change.

There are also new versions of the application forms available on the www.rti.qld.gov.au website.

Making an Application

Under the Right to Information Act 2009 any person has the right of access to most documents held by Council. Documents held by Council include paper files, microfiche, print-outs, computer records, files, visual material, and audio recordings.

Applications must be made by completing the attached application form. All applications must provide sufficient information to enable the identification of the documents requested as well as certified identification of the applicant (e.g. driver's licence, birth certificate etc.) within 10 business days of lodging the application. Council's RTI officer will determine whether the information or document requested is available under the provisions of the Right to Information Act 2009.

Applications relating to ‘personal information' do not require an application fee.

You will be given notices outlining:

  • That you are required to pay a charge
  • What the estimated charge may be
  • What the basis is for calculating the estimate
  • That you can consult with the agency to amend the application in order to reduce the charge
  • That you must agree in writing to pay the application charge, withdraw or request waiver of charges on the grounds of financial hardship.

Council has 25 business days in which to provide applicants with a decision regarding access for information. There are some factors that can alter this limit as per s.69 of the Act.

Administrative Access

Council endeavours to place as much information as possible on its website.  However, if you have been unable to find what you are looking for on our website please contact Council's Governance Coordinator by phone: (07) 4030 2268. The coordinator will advise whether it can be released administratively.

Alternatively, it may be necessary to lodge an application under the RTI Act.

Third Party Consultation

If the requested documents contain information which may reasonably be expected to be of concern to a government, agency or relevant third party then the documents may not be released until consultation with the third party occurs. Should consultation be required, a further 10 business days is added onto the timeframe to allow for this.

Lodgement and Payment

Applications can be submitted in the following ways to Council:

By post addressed to:

Chief Executive Officer
Cassowary Coast Regional Council
PO Box 887
Innisfail Qld 4860

In person at the following locations:

  • Innisfail Shire Hall, 70 Rankin Street, Innisfail
  • Tully Civic Centre, 38-40 Bryant Street, Tully

Council's operating hours are Monday to Friday 8.30am to 4.30pm.

Fees and Charges

  • Right to Information Application Fee $49.70
  • Processing Charge $7.70 per 15 minutes
  • Access Charge for providing photocopies of documents $0.25 per page

Payment can be made in the following ways:

  • Cheque – crossed, marked ‘not negotiable' and payable to the Cassowary Coast Regional Council
  • EFTPOS or credit card payment (1% surcharge applies for credit card payments)
  • Cash (do not send through the mail)

Information Privacy Amendments

A person may apply to Council for an amendment of information relating to their personal information that they claim is inaccurate, incomplete, out of date or misleading.

An application for an amendment of information is made via the application form for information privacy amendment, and must identify what information the person claims is inaccurate, incomplete, out of date or misleading. The application should also state the amendments necessary for the information to be accurate.

Personal Information Holdings Factsheet 

Appeal Rights

If you are unhappy with a decision on your application, you have a right to ask for an internal review, except where the decision is made by the Principal Officer of the Cassowary Coast Regional Council.

If you do not want to ask for an internal review, you may seek an external review of your application and findings by contacting the Office of the Information Commissioner at the following address:

PO Box 10143
Adelaide Street
Brisbane  Qld  4000
Phone: (07) 3405 1111

Further Information

For further information on Right to Information, please visit www.rti.qld.gov.au and www.oic.qld.gov.au or contact Council's Governance Coordinator by phone: (07) 4030 2268 and Council's Governance Officer by phone: (07) 4043 9122.