Right to Information and Information Privacy

Mareeba Shire Council is committed to providing the community with open and transparent access to information about its services and activities. Our website already contains a lot of information about our services and business operations, and we are committed to adding to this information.

The Right to Information is the Queensland Government’s approach to giving the community greater access to information. This approach is provided for in the Right to Information Act 2009 (RTI Act). For more background information about the government’s approach please visit the RTI Queensland Government website.

The Queensland Government made a commitment to provide access to information held by the government, including Councils, unless on balance it is contrary to the public interest to provide that information.

The Right to Information aims to make more information available, provide equal access to information across all sectors of the community, and provide appropriate protection for individual privacy.

This does not include information that is already available under an existing “access arrangement”, such as Council minutes, which are available without applying under RTI.

If you are looking for information about how Mareeba Shire Council operates, a good starting point is the Publication Scheme which sets out key information and how it can be accessed.

The Right to Information aims to increase public access to government information. As a general principle, the Queensland Government has moved to a “push model”, where information should be released or made available as a matter of course, rather than waiting for the public to “pull” information through recourse to Legislation. The access provisions embodied in the RTI Act may be considered as a last resort to access information that is not otherwise available.

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.

Click here for more information and to view Council’s Publication Scheme.

Another source of information is Council’s Disclosure Log. The Disclosure Log describes the documents that have been provided in response to requests for information under the RTI Act. Once released, these documents are available to everyone.

The Disclosure Log lists details of the requests made and the information provided in response to those requests, but does not include identifying details of the applicants.

Should you have any questions or wish to obtain a copy of the released documents, please contact Council’s Right to Information Officer on phone 1300 308 461 or email info@msc.qld.gov.au.

Please provide the following information when contacting Council:

• your request for the relevant Disclosure Log documents
• the application number as a reference
• your email or postal address

Council recognises circumstances which support the need to provide access to information where it is lawful to do so by means other than a formal access application under the RTI Act. Administrative release of information reduces time, resources and costs and demonstrates commitment to openness, accountability and transparency. Requests for administrative access to information held by Council must be made in writing.

For the purposes of RTI and IP, the term ‘document’ includes files, computer printouts, maps, plans, photographs, tape recordings, films or videotapes and other means of storing information, no matter how old or recent.

Some documents are exempt under the RTI Act, to protect essential public interests or the personal or business information of others. Sometimes part of a document may not be available if it contains information which is exempt (e.g. name and address of complainant/s).

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

Documents already publicly available (including those available for a fee), under other legislation, or administrative processes, are not available through RTI.

Personal information means information or an opinion about an identified individual or an individual who is reasonably identifiable from the information or opinion:

(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.

When you want to see documents containing your own personal information, you will have to show proof of identity.

On 1 July 2009 the Information Privacy Act 2009 (IP Act) came into effect.

The IP Act provides for the fair collection and handling of personal information in the public sector environment.

The Act documents Ten Queensland Privacy Principles (QPPs) that regulate how Queensland government agencies collect, store, use, and disclose personal information. These principles aim to protect the privacy of individuals while ensuring government agencies can effectively carry out their functions

Council’s QPP Privacy Policy

Mareeba Shire Council has in place a QPP Privacy Policy through which we commit to the effective management of personal information in accordance with the Queensland Privacy Principles.

If you have been unable to access information you believe to be held by Council, you may make an application under the RightTo Information Act 2009.

Applications may incur charges, and you are encouraged to talk to Council’s Right To Information officer to discuss the type of information you are requesting, and any expected costs.

Applications can be made using the Right to Information and Information Privacy Access Application online form.

You may download a copy of this form and send to:

RTI/IP Officer
Mareeba Shire Council
PO Box 154
MAREEBA QLD 4880

You can also email your application to info@msc.qld.gov.au.

Under the Right to Information Act 2009 you may apply for an amendment to a document that contains your personal information, if that document contains information that is inaccurate, incomplete, out of date or misleading. Please note that this is not required for changes of name, address etc.

You should submit applications in writing , or by using the using the Right to Information Personal Information Amendment Application to:

RTI/IP Officer
Mareeba Shire Council
PO Box 154
MAREEBA QLD 4880

You can also email your application to info@msc.qld.gov.au.

Your Application should include:

• sufficient detail to enable Council to identify the relevant documents,
• the information you claim is inaccurate, incomplete, out of date or misleading and state the grounds for the claim;
• the amendments necessary for the information to be accurate or not misleading;
• the information necessary to complete the information or bring it up to date.

It will also need to be accompanied by your contact details and evidence of identity.

Costs of applying for documents held by Council can be viewed here. Applications made under the IP Act may not incur any charges.

Council will let you see the documents, and if you wish, give you a copy (note: for non-personal applications, you will need to pay an application fee). In some cases, another form 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, Council will discuss with you how, when and where you can view the material.

If you are not satisfied with any decision about your application, you have the right to ask for a review.

For instance, you may have been refused access to a whole or part of a document, refused an amendment, or perhaps you are concerned that your personal or business information will be disclosed to someone else.

You have the options of applying for an:

Internal review

A person more senior to the original decision-maker will review your application and inform you of the review decision within 20 business days, including reasons as to why the original decision is affirmed, modified or overturned.

External review

You can also write to the Information Commissioner and apply for an external review. The Commissioner may change or confirm the decision made on your RTI request or try to mediate a settlement between the parties.

For detailed information on RTI or IP matters please contact Council’s Right to Information Officer on phone 1300 308 461 or email info@msc.qld.gov.au.