What is Right to Information
Right to Information (RTI) is the Queensland Government's approach to giving the community greater access to information and commenced on 1 July 2009. The RTI reforms aim to make more information available, provide equal access to information across all sectors of the community, and provide appropriate protection for individuals' privacy.
RTI gives you the right to access and amend information held by public sector agencies in Queensland, unless there is a good reason for it not to be provided. You have a right to access your personal information held by government under the Information Privacy Act 2009. You have a right to access personal and non-personal information held by government under the Right to Information Act 2009.
In relation to records held by the Office of the Public Guardian, please be aware of legislation that determines the actions of this office:
- Public Guardian Act 2014 s.142 outlines some of the matters the Public Guardian must take into consideration in determining whether or not to release confidential information.
- Right to Information Act 2009: Schedule 2, Part 2 (10) of the RTI Act provides that information obtained by the investigation function of the Public Guardian is exempt from the RTI Act, while Schedule 4 sets out additional factors to be considered when determining the public interest.
- Guardianship and Administration Act 2000 s.249 (3) outlines the protected use of confidential information. The Public Guardian has the discretion to release confidential information if it is considered that the release of information is necessary and reasonable in the public interest. The Public Guardian Act 2014 s.140 (4) outlines the ways in which a person may make a record of confidential information or disclose it to someone else.
Documents about an audit or investigation undertaken by the Public Guardian cannot be accessed under the RTI Act. Part 2, Schedule 2 of the RTI Act excludes the provision of audit and investigation documents under the Right to Information scheme. This exclusion applies to documents about an investigation into any complaint or allegation that an adult is being or has been neglected, exploited or abused; or has inappropriate or inadequate decision-making arrangements.
The Information Privacy legislation aims to regulate public sector handling of the personal information requested, collected, used and disclosed as part of its business functions.
The legislation defines personal information as information or as an opinion, including:
- information or an opinion forming part of a database
- whether true or not
- 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.
For more information about RTI, visit the Queensland Government Right to Information website (http://www.qld.gov.au/righttoinformation).
For further information on Information Privacy, visit the Office of the Information Commissioner Queensland website (https://www.oic.qld.gov.au/).
Right to Information and Information Privacy Contact
Right to Information and Information Privacy Manager
Office of the Public Guardian
PO Box 13554
George Street Brisbane QLD 4003
Call: 1300 653 187
Fax: 07 3738 9496
Email: publicguardian@publicguardian.qld.gov.au