Queensland Consolidated Acts

INFORMATION PRIVACY ACT 2009 - SECT 68

68 Notification of decision and reasons—access application

(1) An agency or Minister must give a prescribed written notice to an applicant for an access application of—

(a) the decision on the application, including a decision to refuse to deal with the application; and

(b) if the application relates to a document that is not a document in the possession, or under the control, of the agency or Minister—the fact that the document is not a document in the possession, or under the control, of the agency or Minister.

(2) In addition to the details that must be stated in a prescribed written notice, the notice must also specify the following—

(a) if access to a document is to be given—

(i) an itemisation of any access charges payable by the person; and

(ii) the period within which the applicant may access the document under section 84 (the
"access period" );

(b) if access is to be given to a copy of a document subject to the deletion under section 88 of irrelevant information—the fact that the document is such a copy;

(c) if access is to be given to a copy of a document subject to the deletion under section 89 of exempt information—

(i) the fact that the document is such a copy; and

(ii) the provision of the Right to Information Act , schedule 3 under which the information is exempt information; and

(iii) the reasons for the decision classifying the information as exempt information;

(d) if access is to be given to a copy of a document subject to the deletion under section 90 of contrary to public interest information—

(i) the fact that the document is such a copy; and

(ii) the factors identified as favouring disclosure and the factors identified as favouring non-disclosure under the Right to Information Act , section 49 , as applied under this Act; and

(iii) the reasons why disclosure of the information would, on balance, be contrary to the public interest under the Right to Information Act , section 49 , as applied under this Act;

(e) if access to a document is to be given subject to deferral under section 87 —

(i) the reason for the deferral; and

(ii) the day on which the agency or Minister expects the document to be presented or released as mentioned in section 87 ;

(f) if dealing with the access application is refused under section 59 —

(i) the provision of the Right to Information Act , schedule 3 under which the information in the document is exempt information; and

(ii) the reasons for the decision classifying the information as exempt information;

(g) if access to a document is refused under section 67 —

(i) the provision of the Right to Information Act , section 47 (3) , as applied under this Act, under which access is refused; and

(ii) if access is refused under the Right to Information Act , section 47 (3) (a) , as applied under this Act—

(A) the provision of the Right to Information Act , schedule 3 under which the information in the document is exempt information; and

(B) the reasons for the decision classifying the information as exempt information; and

(iii) if access is refused under the Right to Information Act , section 47 (3) (b) , as applied under this Act—

(A) the factors identified as favouring disclosure and the factors identified as favouring non-disclosure under the Right to Information Act , section 49 ; and

(B) the reasons for the decision that, on balance, disclosure would be contrary to the public interest; and

(iv) if access is refused under the Right to Information Act , section 47 (3) (c) , as applied under this Act—the reason under the Right to Information Act , section 50 the agency or Minister considers access would not be in the best interests of the child; and

(v) if access is refused under the Right to Information Act , section 47 (3) (d) , as applied under this Act—the reason under the Right to Information Act , section 51 the agency or Minister considers that the disclosure to the applicant might be prejudicial to the physical or mental health or wellbeing of the applicant; and

(vi) if access is refused under the Right to Information Act , section 47 (3) (e) , as applied under this Act—the provision of the Right to Information Act , section 52 (1) under which the document is non-existent or unlocatable; and

(vii) if access is refused under the Right to Information Act , section 47 (3) (f) , as applied under this Act—the type of access to the document under the Right to Information Act , section 53 that is available.

(3) An agency or Minister is not required to include any exempt information or contrary to public interest information in the notice.

(4) Subsection (2) (a) (ii) does not apply if the document is given with the notice.

(5) This section does not apply in relation to a deemed decision.