Right to Information and Privacy

Right to Information and Privacy

Right to Information

From 1 July 2009, the Right to Information Act 2009  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.

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.

How Do I Access Information?

Information may be accessed by:
Viewing Council Web site www.banana.qld.gov.au

  • Publication Scheme
  • Disclosure Log
  • Administrative Access

Contacting Council for further information:

In person at a Council Administration Centre:

  • 62 Valentine Plains Road, Biloela  4715
  • 18 Yaldwyn Street, Taroom  4420
  • 34 Gillespie Street, Moura  4718

By phone 07 49929500, or
By emailing enquiries@banana.qld.gov.au

Application Forms, Guidelines and Fees

Application forms, guidelines & fees can be accessed, down loaded and printed from the web site of the Officer of the Information Commissioner, Queensland, http://www.rti.qld.gov.au

Information Privacy

Banana Shire Council is committed to providing, as far as possible an open, accountable and transparent environment whilst protecting the personal and private information of individuals. Council respects the privacy of individuals.

Personal Information

Any information (whether fact or not) that would allow a person to be identified.

The Information Privacy Act 2009 defines personal information as "Any information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion."

Examples of personal information include (but are not limited to):

  • An individual's name, address, telephone number or email address,
  • An individual's fingerprints,
  • A photograph of an individual,
  • Video footage,
  • An individual's bank account details and leave details
  • Letter to and from an individual
  • An individual's prior dealings with police

Privacy Principles

Banana Shire Council will comply with the Queensland information privacy principles in Schedule 3 of the Information Privacy Act 2009.

Collection and Use of Personal Information

Council will only capture and retain the personal information of individuals where it is lawful and necessary to provide Council services and for good governance or it is related to the functions of Council or Council is required by legislation to obtain such information.

Personal Information will only be used for the purpose or purposes for which it is collected and not disclosed for any purpose other than the purpose for which it was collected without the consent of the person who provided the information unless Council is required or authorised by law to do so.

Council will inform an individual why it is collecting personal information and how it plans to use it or this will be obvious when the information is collected.

Personal Information Collection Notice (Privacy Statement)

Access to Personal Information

An individual has the right to access the individual's personal information held by Council and to request that this information be amended to ensure it is accurate.

Protection of Documents

Council will protect personal information it has collected and will restrict access to personal information in data and documents to officers who are required to use this information to carry out a lawful function of Council.