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Freedom of Information

The Freedom of Information Act 1992 gives you the legal right to apply for access to documents held by the Department of Communities and to amend documents relating to your own personal affairs.

Applicants can apply to see any departmental document and you do not have to give a reason for wanting this information.

If you are refused access to a document or given partial access, we must give you written reasons for the decision. We must also tell you of your rights of appeal.

Documents already publicly available such as birth certificates (including those for a fee) under other legislation, or administrative processes are not available through Freedom of Information. These include documents held by Queensland State Archives and the State Library.

How much will this cost?

There are no fees or charges to access documents about your personal affairs and there are no charges for copies of these documents.

Personal affairs documents – include information on any matter of personal or private concern to an individual such as medical records, family or domestic relationships, income, assets and financial records.

You may have to pay to access documents about work-related matters, or for documents about another person or activities of the department.

Non-personal affairs documents – include work-related matters, or documents about another person or activities of the department.

An application fee of $38.00 applies when the documents do not relate to your personal information and this should be paid when making the request. Cheques/Money Orders are payable to Department of Communities. Processing charges of $5.80 for each 15 minutes for applications taking over two hours to complete may apply. There is also a charge for making photocopies at $0.20 for each A4 page. Freedom of Information staff can provide more information about this.

How do I make a Freedom of Information request?

We can only provide access to information held by our department. Applications for documents held by other government agencies should be made direct to the agency.

To make a Freedom of Information application to the Department of Communities, you must either lodge an application using the Request for Access to Documents form (PDF 37 kB) or write a letter. A current form of identification should be certified and accompany any FOI request. Freedom of Information staff can provide more information about this.

It is recommended that you contact the Freedom of Information Unit for information and assistance when you are considering making a request.

What happens when access is granted?

You may obtain a copy of the documents or inspect the documents if you wish. In some cases, another form of access may be more appropriate, such as listening to a tape recording or watching a video. If for some reason copies of documents cannot be made and sent to you, we will discuss with you how, when and where you can view the material.

Can I access information about another person?

Usually you cannot access another person’s information without their written authority. The authority should be signed by the person giving the authority and witnessed by someone who has known that person for more than 12 months and is not a relative. The witness must be a person over 18 years of age. The witness cannot be the applicant.

You may be required to pay fees and charges to access documents about another person.

Can other people apply for documents about me?

Most documents concerning your personal affairs will be exempt. However, if the document is not exempt the department will contact you if it believes the disclosure would be of substantial concern to you. If the department decided to release any information against your wishes it must provide you with written reasons as well as your rights of appeal. No documents will be released until you have had the chance to appeal.

What if I am not satisfied?

If you are not satisfied with any decision you have a right to ask for a review. For example, you may have been refused access to whole or part of a document, refused an amendment, or you may be concerned that your personal or business affairs will be disclosed to someone else. The first step is to apply in writing for an internal review within 28 days of being informed of the decision. Your application will be reviewed and you will be informed of the review decision within 28 days. Reasons will be given if access or amendment is still refused as well as your further avenues for seeking a review.

You also have the right to seek an external review if you are dissatisfied with the internal review decision. The Office of the Information Commissioner is the external review body for Freedom of Information decisions.

For more information

For more information about the Freedom of Information process, contact the Freedom of Information unit.

Postal address:
Freedom of Information Unit
Department of Communities
GPO Box 806
Brisbane Qld 4001
Freecall:
1800 460 906
Telephone:
(07) 3235 9644
Facsimile:
(07) 3210 1182
Email:

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Last updated: 08 September 2008.