Right to Information / Information Privacy

Access to Council Documents

Right to Information Legislation

On 1 July 2009 the Freedom of Information Act was replaced by new legislation namely:-

  • Right to Information Act 2009 (RTI); and,
  • Information Privacy Act 2009 (IP Act).

The objective of the RTI is to improve availability and delivery of government information to the public.  The preamble to the RTI states that it is fundamental to an open and participatory government that information is provided as a matter of course, unless there are good reasons for not doing so. The policy framework will be based on guiding information policy principles, strategies and standards that position legislative access as the act of “last resort” in accessing government information.

The objective of the IP ACT is to establish guidelines:-

  • enabling personal information held by a government agency to be accessed by that person concerned; and,
  • about how government agencies manage personal information to ensure protection of a persons privacy.

Your Right to Information

In accordance with the requirements of S.21 of the RTI, Council has prepared and adopted a Publication Scheme that sets out the kinds of information that Council should make routinely available.  The information provided through the Publication Scheme replaces the Statement of Affairs published under S.18 of the Freedom of Information Act 1992. 

Please note that the Publication Scheme documents are not the only documents that Council needs make available.  Other documents held by Council are discoverable unless legislative or other appropriate protections, including personal information or commercially sensitive material for example, apply.

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How to Access Council Information 

Check to see if the information you are looking for is already available from Council’s:-

  • Publication Scheme document – Council’s Publication Scheme document helps you find information which is routinely published by Council.  In most cases, this information is available online and can be accessed directly from the Publication Scheme.
  • Disclosure Log – released Right to Information requests – in the disclosure log, you will find details of non-personal information released under the Right to Information Act 2009.  The Right to Information Act 2009 came into effect from 1 July 2009.
  • Website – try using the search function on the website located at the top right of the screen or try using the advanced search.
  • Administration Office – contact Council if the information is not available in any of the abovementioned formats.  We will then determine if Council holds and can release the information.  We may require you to make an RTI request to access the information.

Making an Application 

If you are seeking information held by Council that is not available through the Publication Scheme and which Council cannot release without application, you will be requested to submit a Right to Information request on the application form below.  The procedure to be followed in lodging an information request is located on the Right to Information website. Council has 25 business days in which to provide applicants with a decision regarding access for information.  There are some factors that can alter this limit as per s.69 of the RTI.

91kb  Right to Information Application

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Third Party Consultation 

If the documents requested contain information which may reasonably be expected to be of concern to a government, agency or relevant third party, then the documents may not be released until consultation with the third party occurs.  Should consultation be required, a further 10 business days is added onto the timeframe to allow for this.

Lodgement and Payment

Applications can be submitted in the following forms:

By post addressed to:
The Chief Executive Officer
Charters Towers Regional Council
PO Box 189
Charters Towers  QLD    4820

In person at the following offices:
Administration Office, 12 Mosman Street, Charters Towers
City Hall, 70 Mosman Street, Charters Towers

Opening hours are Monday to Friday 8.30am to 4.00pm.

Payment can be made in the following forms:
Cheque
Eftpos and Credit Card Payment
Cash (do not send through the mail)

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Amendment of Records 

A person may apply to Council for an amendment of information relating to their personal information that they claim is inaccurate, incomplete, out of date or misleading.

An application for an amendment of information must be done with the application form for Information Privacy Amendment and identify what information they claim is inaccurate, incomplete, out of date or misleading.  The application should also state the amendments necessary for the information to be accurate.

95kb  Information Privacy Personal Information Amendment Form

Appeal Rights

If you are unhappy with a decision on your application, you have a right to ask for an internal review except where the decision is made by the Chief Executive Officer, Charters Towers Regional Council.

If you are not satisfied with the internal review decision, you may appeal to the Information Commissioner for an external review.

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Further Information  

You can find out more about the Right to Information or Information Privacy Principles on the Queensland Government's Right to Information website.

You can find out more about how the Charters Towers Regional Council manages personal information by perusing Council's Privacy Statement.

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