About Us
Home / Right to Information / Making an Access Application
Making an Access Application
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 Publication 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 to:
- 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.
Access applications are dealt with by decision-makers in our Legal and Administrative Review team. The role of the decision-maker is facilitative. The decision-maker can help applicants to frame their applications or to clarify the intent of their application.
On a case by case basis the decision-maker will arrange additional assistance for applicants who request assistance with their application, including where the applicant:
- is a child
- is from a non-English speaking background or is unable to write
- is indigenous, or
- has a physical or intellectual disability.
Answers to questions
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. However, 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:
https://www.smartservice.qld.gov.au/services/information-requests/home.action
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 documentation that will enable us to verify your name, address and signature, for example:
- a current driver licence, or
- a statutory declaration from a person who has known you for at least a year confirming that you are the named person living at the stated address and whose signature appears on the application form.
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 (currently $38) 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.
The decision-maker will notify you if it is decided that an application fee is payable in relation to your application and you have not provided the application fee. This decision is reviewable.
If an application fee is payable, it cannot be waived.
Processing and access charges
If your application is not exclusively for your own personal information, processing and access charges will also be payable. 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.
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.
Processing Charge
The processing charge is calculated based on the time spent processing your application, including searching for or retrieving documents and making the decision, if that time exceeds a total of five hours.
The charge is calculated at the rate of $5.80 per quarter hour of time spent processing the application.
Access Charge
Copies of documents in black and white A4 format are charged at 20c per page. Other forms of access (for example, to film and videotape, photographs and digitally stored data) are charged at no more than the actual cost incurred by the Commission in giving access to the documents.
The access charge is calculated at the rate of $5.80 per quarter hour of time spent preparing the documents for access (including inspection).
Charges Estimate Notice
We must provide a charges estimate notice to you. The final amount of processing and access charges will not be more than the amount advised in the charges estimate notice.
We will do all we can to minimise the amount of any charges payable by you. In addition, after receiving the charges estimate notice, you may choose to reduce the scope of your application with a view to minimising the charges that will be incurred.
In relation to the timeframe within which the Commission must deal with the application, the ‘clock stops’ from the date of the charges estimate notice until you agree to pay the charges or the charges are waived or set aside upon review.
Waiver of charges
A possible waiver of charges is available to persons in financial hardship. The only way to establish financial hardship is by providing a health care card issued under the Social Security Act 1991 (Cwlth) or a pensioner concession card issued by the Commonwealth department that administers the Veterans’ Entitlements Act 1986 (Cwlth), and evidence that you are currently entitled to those benefits.
A non-profit organisation may also seek waiver on the basis of financial hardship by applying to the Office of the Information Commissioner.
For more information about fees and charges, see the RTI Act and the Right to Information Regulation 2009.
Time frames 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 should 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, and any amount payable before access will be given, and
- 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 the consulted third parties to exercise their review rights, should they choose 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 attached 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 when they receive the decision.
The application for an internal review must be in writing and should be forwarded to the Principal Advisor, Legal and Administrative Review.
The application will be reviewed by someone who is at least as senior than the original decision-maker. The Principal Advisor, Legal and Administrative Review 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 of receiving the initial decision or the internal review decision or, in the event of a deemed refusal, 20 business days after they receive notice of the deemed refusal.
This application must be in writing and should be addressed to the Information Commissioner at:
Information Commissioner
GPO Box 3314
Brisbane Qld 4000
(07) 3005 7100
How to contact us
Location of Premises
Commission for Children and Young People and Child Guardian
Level 17, 53 Albert Street
Brisbane QLD 4000
Postal Address
Principal Advisor, Legal and Administrative Review
Commission for Children and Young People and Child Guardian
PO Box 15217
Brisbane City East QLD 4002
Other means
Telephone (07) 3211 6700 or Freecall 1800 688 275
Fax (07) 3035 5900
Email ccyp_rti@ccypcg.qld.gov.au
Website www.ccypcg.qld.gov.au
Last Updated: November 9, 2009
