Queensland Consolidated Acts

INFORMATION PRIVACY ACT 2009 - SECT 84

84 Time limit for access

(1) This section applies if an applicant for an access application for a document is given access to the document.

(2) The person may access the document—

(a) if the giving of access is deferred under section 56 (3) (d) or 87 , within—

(i) 40 business days after the date of the notice that access is no longer deferred; and

(ii) any additional period allowed by the agency or Minister; or

(b) otherwise, within—

(i) 40 business days after the date of the decision to give the person access to the document; and

(ii) any additional period allowed by the agency or Minister.

(3) For subsection (2) (b) (i) , the date of the decision to give the person access to the document is—

(a) if the person is given access because of a decision of the agency or Minister—the date of the prescribed written notice; or

(b) if the person is given access because of a decision of the information commissioner, QCAT or a court—the date of the decision; or

(c) if the person is given access because of an informal resolution of an external review—the date of the notice of the information commissioner given under section 103 (4) (a) ; or

(d) if the person is given access because of an informal resolution of a proceeding under part 11 —the date of the informal resolution.

(4) If the person does not seek to access the document within the 40 business days, or any additional period allowed by the agency or Minister, the person’s entitlement to access under the application ends.

(5) To remove any doubt, it is declared that subsection (2) does not entitle a person to access a document without paying any access charge payable under part 6 .