From 1 July 2009 the Right to Information Act 2009 "the Act" replaced the Freedom of Information Act 1992 and the Information Privacy Act 2009 replaced Queensland's administrative privacy regime IS42 and IS42A. This has occurred as a result of a review of the Freedom of Information Act 1992 by Dr David Solomon. Download The Solomon Report 2.84MB
The right to information effectively means increased public access to government information. The Queensland Government has recognised the need for a "push model" of proactively releasing information to the public sector rather than waiting for the public to "pull" information out under legislation. It has been suggested that the use of the Act be used as a last resort to access information.
The Premier has directed that all agencies publish a publication scheme that explains the information that the public can access. This scheme sets out classes of information and the terms on which council will make this information available.
Recommendation 108 of Dr Solomon's Report calls for the traditional Statement of Affairs under section 18 of the Freedom of Information Act 1992 be replaced by the adoption of a publication scheme which will include:
Council's statement of principles underlying the scheme
The classes of information that council will make available through the scheme
An information disclosure log indicating information released in relation to information requests, and
How you can access the information and who to contact in relation to the publication scheme.
The classes of information that council will make available through the publication scheme will not generally include information that is:
Prevented by law from disclosure or is exempt under the Act
Information in draft form
Information that is no longer readily available as it is contained in archives or is difficult to access for similar reasons.
Information not covered by the publication scheme
Not all the information the council publishes is detailed in the publication scheme. Information that is not published can be requested under the Right to Information Act. Your request will be considered under the provisions of the Right to Information Act and the Information Privacy Act. Application forms and guidelines can be accessed, down loaded and printed from the web site of the Officer of the Information Commissioner, Queensland using the link below:
Information that is exempt
The Right to Information Act sets out a range of information that is exempt from publication. If you make a request for information which the council considers to be exempted, we will advise you of the reasons for the exemptions.
Charges for information
There will be no charge for examining any publication scheme information contained on the council's web site. However, there may be a charge if a large volume of printed material is required. You will be told about any photocopying charges at the time of your request.
The cover price will be charged for any publications produced by the council for sale. Charges will be kept under review and there is no intention to charge for material that has previously been available for free.
Feedback on the publication scheme
Your comments are highly valued and any feedback you provide will be used as part of the review to make improvements to the publication scheme.
Any comments, compliments or complaints should be addressed to:
Chief Executive Officer
Banana Shire Council
PO Box 412
Biloela Qld 4715
Publication scheme focus areas
The Information Commissioner is responsible for enforcing the operation of the publication scheme. In the case of a failure to deliver information through the scheme, you may also complain directly to the Information Commissioner at any time. Contact details are as follows:
Postal address: PO Box 10143
Brisbane Qld 4000
Phone: 07 3234 7373
Fax: 07 3005 7150