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LGS-PR-002: Freedom of Information
Provides a means of access to Departmental records. Freedom of Information legislation provides members of the public a legally enforceable right to access records held by Government. It also provides a right to amend personal affairs information contained in Government records.
Statement of intent
The Freedom of Information Act 1992 (the Act) 
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extends as far as possible the right of the community to have access to information held by the Queensland Government. The Department of Education and Training is committed to openness and accountability to the community by compliance with the Freedom of Information Act 1992.
The Act provides a right to:
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access documents of an agency and official documents of a Minister. This right is subject to the terms of the Act and the application of the exemption provisions set out in sections 36 —50 of the Act.
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apply for amendment of personal affairs information, contained in documents held by the Department, that the applicant believes is inaccurate, incomplete, out of date or misleading.
Often the preferred method of public access is outside Freedom of Information channels.
A student, or their parent/guardian, can access their student records, except for guidance and some behaviour management records, through school administration. This process is detailed in IFM-PR-005: Access to Records Held in Schools.
Current government employees can access their employment records under Public Service Regulation 1997 (new window) , s16. Under s16D employees may inspect, take extracts from, or obtain copies of their employee records. To do so employees should contact the Human Resource Manager in Central Office or their region.
Responsibilities
Applicants for access to or amendment of documents: - apply in writing, by letter, email or using the Application Form (new window) 616k ;
- provide sufficient information about requested documents to allow departmental officers to identify them within the Department's records;
- provide contact details, including postal address, telephone number and email (if applicable);
- provide certified proof of identification (e.g., drivers licence, passport, birth certificate, Medicare card, Court orders);
- include the application fee (new window) 616k (cheque or money order) if applying for documents that do not relate to their own personal affairs (note that applications for documents that do not relate to their personal affairs also attract processing and access charges);
- include, if they are lawyers or other officials acting on someone's behalf, an authority to act consent signed by their client.
- lodge applications at any school or departmental office to be forwarded to the Freedom of Information Unit. To minimise processing delays, it is recommended that all applications be sent directly to the Freedom of Information Unit:
Freedom of Information Coordinator
Legal and Administrative Law Branch
PO Box 15033
CITY EAST QLD 4002
If amending personal affairs, applicants also: -
specify where existing information is inaccurate, incomplete, out of date or misleading;
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specify required amendments.
If applying to access a child's personal affairs on behalf to the child, parents/guardians, as applicants: -
comply with Section 50A of the Act which provides that a parent or guardian of a child may make an application for access to documents on behalf of the child for documents that solely concern the "personal affairs" of the child (an application made under s.50A will not incur the
fee or charges imposed for non-personal applications) by:
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specifying in writing that the application is made on behalf of the child;
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stating your name and the names of the child or children concerned; and
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providing sufficient information confirming your identity and your relationship with the child or children concerned.
In deciding on an application made under s.50A, the decision-maker may refuse access to all or part of the information concerning the child if it is determined that access would not be in the best interests of the child. To avoid further delays parents/guardians may wish to advise of the reasons they consider that access to the documents requested is in the best interests of the child.
In determining whether access is in the best interests of the child the decision-maker considers the consequences of giving the applicant access to the information having regard to such factors as:
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the relationship of the child with the parent or guardian;
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the wishes of the child, subject to the capacity of the child;
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the need to protect the child from any physical or psychological harm caused by any abuse or violence;
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any orders of a court that impact upon the child 's relationship with the parent or guardian; and
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any other factors considered relevant on a case by case basis.
Departmental employees receiving requests: -
forward any requests that are or might be freedom of information requests immediately to the manager — i.e., Principal (school staff), regional Executive Director (regional/district employees), relevant Assistant Director-General and/or Director (central office employees);
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contact the Freedom of Information Co-coordinator, telephone (07) 3405 5675, immediately on receipt of a request that is or might be a freedom of information request;
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assist persons to access and amend documents under the Act by directing inquiries to the Freedom of Information Unit;
Departmental employess receiving search requests from the Freedom Information Unit: -
ensure a thorough search is conducted of all records in their area, including electronic records that may hold documents relevant to the scope of the application;
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forward copies of all relevant documents, along with a copy of the search request form signed by the relevant Assistant Director-General, to the Freedom of Information Unit within the designated timeframe;
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identify and make known any issues/concerns with the proposed release of the documents concerned.
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are not required to create any documents in response to a search request. Access under the Freedom of Information Act is access to documents that are in the possession or control of the Department at the time the application was made. Printing documents stored on a computer is not considered to be creating a document if it already existed electronically.
Freedom of Information Officers: -
make initial decisions, as delegated officers, pursuant to the Act regarding access to and amendment of departmental records;
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conduct internal reviews of initial decisions. Internal reviews are to be conducted by an officer other than the initial decision maker who is at an equivalent or higher classification level;
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liaise with, and assist, the Office of the Information Commissioner regarding external review of decisions;
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assist and advise applicants and departmental officers on all freedom of information matters.
Department of Education and Training: -
discharges its obligations under the Act in a timely manner;
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reports annually to Parliament through the Attorney-General on the Department 's freedom of information operations;
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prepares a Statement of Affairs annually;
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makes available for inspection and purchase the Department 's most recent Statement of Affairs and each of its policy documents.
Contacts
For further information, please contact:
Document information
Approval record: TRIM 06/061077
Date of implementation: 2006-07-01 Date of publication: 2006-06-23 Date to be reviewed: 2008-07-01 This procedure replaces: - LL-07: Freedom of Information - Version: 2005
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