Customer Contact
1300 COUNCIL (1300 268 624)
07 4679 4000
www.wdrc.qld.gov.au
Address all correspondence to the
Chief Executive Officer PO Box 551, DALBY, QLD 4405
xxxx@xxxx.xxx.xxx.xx
ENQUIRIES TO:
K Gillespie
P 1300 268 624
P 07 4679 4000 (interstate)
FILE REF:
AD8.1.4
RTI 23/24-012
ECM DOC SET
5115276
KMG
18 July 2024
KJA
Via email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear LFC
RE:
APPLICATION UNDER THE RIGHT TO INFORMATION ACT 2009
NOTICE UNDER SECTION 33(2) OF THE RIGHT TO INFORMATION ACT 2009
I refer to your application which was received by Western Downs Regional Council on 21 June 2024 seeking
access to the following documentation:-
'…I would like to formally request to see all of the written comments from the Dalby community that
were submitted in the 'Have Your Say: Dalby Cultural Centre Development' survey.'
Further, I refer to correspondence dated 26 June 2024 advising that I had formed the view that your
application was not valid because the application was not in the approved form, and no application fee
accompanied the application. This letter provided you the opportunity to rectify by 17 July 2024. No
response was received.
The purpose of this correspondence therefore is to notify you of my decision on your application.
link to page 2 link to page 2
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DECISION NOTICE
Right to Information Act 2009
I confirm that as a decision maker with delegated authority by the Chief Executive Officer to make decisions
on application
s1, I have made a decision to
refuse to deal with your application because it is
noncompliant with the application requirements in section 24 of the RTI Act.
The relevant sections of the RTI Act are set out below:
24. Making access application
(1) A person who wishes to be given access to a document of an agency or a document of a Minister
under this Act may apply to the agency or Minister for access to the document.
(2) The application must—
(a) be in the approved form and be accompanied by the application fee; and
(b) give sufficient information concerning the document to enable a responsible officer of the
agency or the Minister to identify the document; and
(c) state an address to which notices under this Act may be sent to the applicant; and
(d) state whether access to the document is sought for the benefit of, or use of the document
by—
(i) the applicant; or
(ii) another entity; and
Example for paragraph (d)(ii)—
A journalist makes an access application for a document for use of the document by an
electronic or print media organisation.
(e) if access to the document is sought for the benefit of, or use of the document by, an entity
other than the applicant—the name of the other entity. ...
(4) The application fee mentioned in subsection (2)(a) may not be waived.
33. Noncompliance with application requirement
(1) This section applies if—
(a) a person purports to make an access application for a document to an agency or Minister; and
(b) the application does not comply with all relevant application requirements.
(2) The agency or Minister must make reasonable efforts to contact the person within 15 business days
after the purported application is received and inform the person how the application does not comply
with a relevant application requirement.
(3) An agency or Minister must not refuse to deal with an application because it does not comply with all
relevant application requirements without first giving the applicant a reasonable opportunity to consult
with a view to making an application in a form complying with all relevant application requirements.
(4) The applicant is taken to have made an application under this Act if and when the application is made
in a form complying with all relevant application requirements.
(5) Subsection (4) does not limit section 32 .
(6) If, after giving the opportunity mentioned in subsection (3) and any consultation, an agency or Minister
decides the application does not comply with all relevant application requirements, the agency or Minister
must, within 10 business days after making the decision, give the applicant prescribed written notice of
the decision.
(7) In this section—
"relevant application requirement" , for an access application, means a matter set out in section 24 (2) or
(3) that is required for the application.
The reasons for my decision are as follows:-
(i) within 15 business days of the purported application being received, Council made reasonable
efforts in the form of correspondence dated 26 June 2024, to inform you that your application did
not comply with the relevant application requirements provided in section 24 of the RTI Act and
provided you with reasonable opportunity to consult with a view to making your application
1 Right to Information Act 2009 - Section 30(2) – ‘The agency’s principal officer may delegate the power to deal with the application
to another officer of the agency’.
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compliant;
(ii) this correspondence was required as part of an agency's obligations pursuant to section 33(2)
and (3) of the RTI Act;
(iii) section24(4) of the RTI Act clearly states that the application fee may not be waived; and
(iv) as no application fee has been received, your application does not comply with all relevant
application requirements as prescribed in section 24(2)(a) of the RTI Act.
Compatibility with human rights
The
Human Right Act 2019 (the HR Act) requires all public sector entities in Queensland to act compatibly
with human rights and to give proper consideration to human rights before making a decision. Subject to
some exceptions, it is unlawful for a public entity to make a decision in a way not compatible with human
rights, or to make a decision and fail to give proper consideration to relevant human rights.
These exceptions include that the public entity could not reasonably have acted differently or made a
different decision because of another law. Human rights may also be limited where that limit is justified and
reasonable.
In making this decision, I have had regard to the
Human Rights Act 2019, particularly the right to seek and
receive information incorporated in the right to freedom of expression as embodied in section 21 of the HR
Act. I consider that in observing and applying the law prescribed in the RTI Act, an RTI decision-maker will
be ‘respecting and acting compatibly with’ this right and others prescribed in the HR Act, and that I have
done so in making this decision, as required under section 58(1) of the HR Act.
Review rights
If you are not satisfied with this decision (or any part of it) you have the right to request a review of the
decision either by Council (internal review) or by the Office of the Information Commissioner (external
review).
(a) Internal Review
Under the RTI Act you have the right to request an internal review of this decisio
n2. An application for an
internal review must be made to Council within 20 business days of this decision. Council then has up to
20 business days to complete the review.
Applications for review can be lodged in person, by post, by fax or by email.
Chief Executive Officer
Western Downs Regional Council
30 Marble Street
(PO Box 551)
DALBY QLD 4405
Fax. (07) 4679 4099 or Email
: xxxx@xxxx.xxx.xxx.xx
The review will be undertaken by an officer more senior to the original decision maker. The internal review
officer is required to make an independent decision on your application and will consider additional evidence
or information raised in your review request.
If you are still not satisfied with the internal review decision, you will have the right to request an external
review. However,
you do not have to request an internal review to be eligible to apply for an external
review.
2 Right to Information Act 2009 - Section 80– Internal Review
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(b) External Review
You may wish to apply for an external review of this decision by the Office of the Information Commissione
r3. You do not need complete an internal review before submitting a request for external review. To apply for
an external review, please contact the Office of the Information Commissioner. If you wish to discuss your
application with the Office of the Information Commissioner, please telephone (07) 3234 7373.
An external review application must be made to the Information Commissioner within
20 business days from the date of this written notice of decision.
Applications for external review should be forwarded to –
Office of the Information Commissioner
PO Box 10143
Adelaide Street
BRISBANE QLD 4000
Telephone: (07) 3234 7373
Fax: (07) 3405 1122
Email:
xxxxxxxxxxxxxx@xxx.xxx.xxx.xx
Online:-
www.oic.qld.gov.au
Useful links
I am providing some links to websites which you may find helpful.
www.legislation.qld.gov.au (Queensland legislation)
www.oic.qld.gov.au (Office of the Information Commissioner)
To discuss this decision or if you have any queries, please contact me on telephone 1300 268 624 or email
xxxx@xxxx.xxx.xxx.xx. Yours faithfully
K M Gillespie
K Gillespie
DECISION MAKER
3 Right to Information Act 2009 - Section 85
– External Review
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Document Outline
