Right to Information

Moreton Bay Regional Council is committed to providing residents with open and transparent access to information about council’s services, activities and business operations. 


What is Right to Information and Information Privacy Access?

The Right to Information Act 2009 [PDF 885KB] (RTI Act) gives you the right to access information contained in documents held by Council. The RTI Act promotes the release of information by Council unless this information is exempt or its release would be contrary to the public interest.

The Information Privacy Act 2009 [PDF 1MB] (IP Act) governs how Council manages your personal information and how you can access and amend your personal information held by Council. 

How do I access information held by Council?  

There are a number of ways in which you can access information held by Council, as follows:

  • You may search for information published in Council's Publication Scheme and on Council's website (including PD Online);
  • You may perform searches for the conveyance of a property including:
    • a property search;
    • a name and address search;
    • a building and plumbing search;
    • a planning and development certificate search;
    • a flood level information search; and
    • a health licensed premises search. 
     
  • If you are a party to civil legal proceedings and the information is relevant to an issue in the proceedings, you may request information under section 134A of the Evidence Act 1977; and
  • If the information you are seeking is not available via one of these avenues, you may request access to the information under the RTI Act or IP Act.

How do I make an application under the RTI Act or the IP Act? 

To make an application under the RTI Act, you are required to:

  • complete the application form;
  • pay the application fee set by the RTI Act (currently $46.40); and
  • provide identification if any of the information you are seeking contains your personal information.

To make an application under the IP Act, you are required to:

You must provide sufficient detail in your application to enable identification of the information requested. If you require assistance, you are encouraged to contact the RTI and IP unit at Council.  

You can lodge an application:

How long will it take to process the application? Under the RTI Act and IP Act, Council has up to 25 business days to process an application. However, additional time is provided if Council needs to consult any third parties regarding the release of the information. Council may also request an extension of time due to the complexity and scale of your application. 

What are the costs involved? 

Applications under the RTI Act

An application fee of $46.40 is payable and you may also need to pay processing charges and access charges. 

A processing charge is a cost based on the time it takes Council to process your application.  Processing charges are payable if it takes Council more than five hours to process your application. In this event, a charges estimate notice will be provided to you, which will:

  • inform you of the estimated amount of the processing charge; and
  • include a schedule of documents that will detail the documents that Council expects to locate for your application.

The charges estimate notice will give you the opportunity to:

  • agree to the charges and continue with your application;
  • amend your application to exclude certain information contained in the schedule of documents to reduce the charge;
  • withdraw your application; or
  • elect to review the decision to impose a processing charge (the amount of the charge is not reviewable)    

Please note that additional access charges will apply if you request a photocopy of the documents released to you. No access charges apply if you request for the documents to be released to you via email or on CD or DVD.  

Processing and access charges are set by the State Government. The processing charge is $7.20 per 15 minutes spent processing your application. Access charges relating to the photocopying of documents is 25c per page.

Applications under the IP Act 

There are no processing charges payable for an application made under the IP Act.  Access charges will apply if you request a photocopy of the documents released to you. No access charges apply if you request for the documents to be released to you via email or on CD or DVD.  

Access charges are set by the State Government. Access charges relating to the photocopying of documents is 25c per page. 

Will I receive the documents that I apply for? 

The documents located by Council in response to your application need to be assessed against the RTI Act or the IP Act to determine whether they can be released to you. Some information in the documents located may contain information which cannot be released because:

  • the information is exempt information (for example, legal advice); or
  • on balance, it would be contrary to the public interest to release the information (for example, information that contains personal information or commercially sensitive information).

If there is some information in a document that cannot be released, this information may be removed electronically from the version provided to you.  You will be advised of the reasons why the information has been removed.

Publications Scheme  

Council publishes a wide range of information that is available on Council's Publication Scheme at no charge. This information can also be viewed or obtained at one of Council's Customer Service centres.

Council welcomes any comments you have in relation to the publication scheme.

Privacy

Council is committed to protecting your right to privacy and protecting the personal information that it collects, uses and stores in accordance with the Information Privacy Principles set out in the IP Act.

Council has adopted an Information Privacy Plan which details how personal information is managed within Council and in accordance with the IP Act. 

If you believe that Council has not dealt with your personal information in accordance with the Information Privacy Principles, you may make a complaint to Council, in one of the following ways:

More information 

If you have any questions about right to information or information privacy, please email  or phone (07) 3480 6713. 

More information about the RTI Act and the IP Act is available on the website of the Office of the Information Commissioner at www.oic.qld.gov.au or the Queensland Government's Right to Information website at www.rti.qld.gov.au.

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