Freedom of information
The Queensland Freedom of Information Act 1992 (PDF, 660 KB) commenced in 1992. It gives people the right to access information held by government agencies unless the information is exempt from release.
How to make a FOI application
Types of documents available
Types of documents not available
Fees and charges
Time taken to process applications
Updating your personal information
Requesting a review of a decision
Where to lodge a FOI application
How to make a FOI application
Anyone can apply to obtain information held by the Department under the Freedom of Information Act (FOI Act). For example, an insurance company of loss adjuster wishing to access a copy of a Workplace Health and Safety Queensland investigation file. This is an FOI application and fees and charges may apply.
Applications must:
- be in writing
- use FOI Application form (PDF, 732 KB)
- be accompanied with applicable fees
- clearly identify the documents required
- indicate the type of access required - inspection or a copy (CD or hardcopy)
- include your full contact details
Types of documents available
Personal affairs documents contain information on any matter of personal or private concern to an individual, such as:
- medical records
- family or domestic relationships
- assets
- financial
- superannuation
- training records
but do not include documents which merely contain a reference to a person’s name.
You may need to show proof of your identity to view documents containing your personal affairs information.
Please note only individuals can have personal affairs, not companies, clubs, or other organisations.
Types of documents not available
Access may be refused to some documents under the FOI Act, including matters:
- under legal or professional privilege
- relating to the personal affairs of others
- regarding commercial affairs information, or
- regarding any information that would enable the existence or identity of a confidental source of information in relation to the enforcement or administration of the law, to be ascertained.
If the department decides not to give you access to a particular document, you will be provided with:
- details of the withheld document
- written reasons supporting the decision
- advice of your rights for a review of the decision
Any documents where the State Government does not hold the copyright will only be available by viewing.
Fees and charges
If your application is solely for access to documents that contain information concerning your personal affairs no fees or charges will be payable.
If your FOI application includes any documentation that does not relate to your personal affairs, then an application fee is payable.
Currently the application fee is $38.00.
Other processing charges may apply to an application including:
- black and white photocopying at 20 cents per page
- colour photocopying 40 cents per page
- processing charge of $5.80 per 15 minutes or part thereof (where the time taken to process the application exceeds 2 hours)
- inspection fee of $5.80 for each 15 minutes or part thereof
- reasonable costs to cover:
- provision of audio/video tapes, x-rays, plans etc
- a viewing or hearing of a video or audio recording;
- production of a transcript (e.g. audio recording, shorthand writing, etc) and
- production of a written document from a computer or some other system
- providing electronic files on CD at $5.00 each
The application fee and all charges (other than those for inspection of documents) must be paid to the department before you are given access to the documents. Fees for document inspection are payable at the completion of the inspection.
The application fee cannot be waived.
However you may not have to pay the processing and/or copy charges if you have a:
- health care card;
- Centrelink pensioner concession card; or
- Veterans Affairs pensioner concession card.
For further information about the waiving of charges, please contact the FOI Coordinator.
Time taken to process applications
You will be advised in writing within 14 days of the department receiving your application. In normal circumstances your application will be completed and a letter advising of the decision on access to the requested documents will be provided to you within 45 days of receiving your application.
If your application includes documents from another party, for example other government agencies or someone who may have concerns with the release of certain information, consultation with this other party may be required. In this case the department has an additional 15 days to provide you with your letter of decision on access.
If you live outside Brisbane arrangements can be made to view the documents in one of the Department’s regional offices.
Updating your personal information
The department tries to keep all personal information accurate and up-to-date. If you need to update your personal information, please contact privacycontactofficer@dir.qld.gov.au.
Requesting a review of a decision
If you are not satisfied with any decision about your application, you have the right to ask for a review. Your review rights will be provided to you at each stage of processing of your FOI application.
If access to information is denied, you have the right to have the access decision reviewed by another officer of the agency. If you are still dissatisfied, you have the right to request a review by the Office of the Information Commissioner .
Where to lodge a FOI application
Send your written FOI application:
FOI Coordinator
Administrative Law Unit
Department of Employment and Industrial Relations
GPO Box 69
BRISBANE QLD 4001
Fax: 07 3225 1454
Last updated 25 August 2008