Right to information

The Right to Information Act 2009 and the Information Privacy Act 2009 aims to make more information available, provide equal access to information across all sectors of the community, and provide appropriate protection for individuals' privacy.

Council provides information to the public in a number of ways, subject to legal and policy requirements. Livingstone Shire Council is making it easier for you to access information about Council. This includes information about our policies, financial reports, public registers and documents relating to our decisions. Council is committed to providing the community with open and transparent access to information about Council services, activities and business operations.

Council has a requirement to make information available to the public unless there is a good reason not to. Access to government-held information should, where possible, be given through informal means like Council's website, publication scheme, or released administratively.

Accordingly, a formal Right to Information and Information Privacy Access Application should only be made as a last resort.

For futher information regarding Right to Information or Information Privacy, you have the option to: 

  • Right to Information was introduced by the Queensland Government to give the community greater access to information. It gives you the right to access and amend information held by Livignstone Shire Council, unless there is a good reason for it not to be provided.  

    The Right to Information Act 2009 (RTI Act) and the Information Privacy Act 2009 (IP Act):

    • make information available that is held by the government
    • provide access to government information to all sectors of the community
    • provide appropriate protection for individuals' privacy.

    Before you make an RTI or IP application, check whether the information you require is already accessible on Council’s website or via other means.

    Applications for access to information under the RTI and IP Acts are formal methods of information access, often referred to as the methods of last resort. This is because there is a preference to provide information administratively, avoiding the need and potential cost of a formal method of access.

  • The Acts provide the formal basis to request access to council information that is not publicly available. Requests for access to documents under the Right to Information (RTI) and Information Privacy (IP) legislation exclude documents that are readily available by other means. For example, minutes of council meetings are mostly readily available public documents, which can be accessed by the community. Before making a formal Right to Information application, check council's website or contact council about the location and availability of information. 

    For documents not available via the above avenues, applications need to be made in writing by downloading and completing an application form.  All applicants must clearly identify the specific documents or provide sufficient information about the documents, to enable the Right To Information Coordinator to accurately identify the documents requested.

    Once completed, the application form should be addressed and submitted via:

    Post:     RTI Coordinator
                 Livingstone Shire Council 
                 PO Box 2292 
                 Yeppoon, Queensland, 4703

    Email:  rti@livingstone.qld.gov.au

    Application Type Act Application Fee Proof of identity  required Processing Fees Timeframe for decision
    Personal Information Information Privacy Act 2009 NIL YES NIL 25 Business Days

    Personal Information
    (Acting on behalf of another person)

    		 Information Privacy Act 2009 NIL YES

    (from both parties)

    NIL

    		 25 Business Days
    Non-Personal Information Right to Information Act 2009 $55.75 NO

    $8.65 for each 15 minutes spent if more than 5 hours*

    		 25 Business Days

    Mixed Application

    (both non-personal and personal information)

    		 Right to Information Act 2009 $55.75 YES

    $8.65 for each 15 minutes spent if more than 5 hours*

    		 25 Business Days
    Amendment of Personal Information Information Privacy Act 2009 NIL YES NIL 25 Business Days

    * If less than 5 hours is spent processing an application, there is no charge.  If more than 5 hours is spent processing an application, a fee of $8.65 per 15 minutes or part of 15 minutes of the time spent working on the application, including the first five hours will be applicable.

    Access Charges may also apply in the processing of Right to Information and Information Privacy applications. Applicants will be advised if there are any additional charges involved prior to processing an application.

    Please refer to the Office of the Information Commissioner Queensland for a full list of charges.

  • How to access information managed by Council

    Council is committed to providing the community with open and transparent access to information about Council services, activities and business operations.

    Council provides information to the public in a number of ways, subject to legal and policy requirements. 

    You can access information using any of the following methods:
    • Administrative Access Scheme - ‘Administrative access’ refers to the release of information by means other than a formal access application under the Right to Information Act 2009 (RTI Act) or Information Privacy Act 2009 (IP Act).
    • Publication Scheme - the purpose of this is to present a consolidated, user-friendly, comprehensive overview of Council's organisation, its relationship to the community and the various avenues for public access to our administrative and political processes. Our Publication Scheme 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 - you will find details of non-personal information released under the RTI Act.
    • Other areas of our website - if you can't find what you're looking for on our website, try using our search function.
    • Contact us - if the information you seek is not readily available, we can help to determine if Council holds the information and can release it. You may be required to submit a RTI Access Application to access the information you seek.

    Much of this information is in documents which make up Council's Publication Scheme. 

    Accessing and amending your personal information

    The Information Privacy Act 2009 (IP Act) allows individuals to apply for access to documents containing their personal information. 'Personal information' is defined as "information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from their information or opinion." If an individual is making an IP Act access application, they will only receive documents containing their own personal information. 

    The Information Privacy Act 2009 (IP Act) allows individuals to apply for access to documents containing their personal information. 'Personal information' is defined as "information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from their information or opinion." If an individual is making an IP Act access application, they will only receive documents containing their own personal information. 

    The IP Act also allows a person to make an application to have their personal information amended if they believe it is:
    • incomplete
    • inaccurate
    • out of date or 
    • misleading

  • Council’s Administrative Access Scheme provides access to information without the requirement to lodge a formal application through the Right to Information Act 2009 (RTI Act) or Information Privacy Act 2009 (IP Act).
    This process is a cost-effective and efficient way to release information.
     
    How do I make a request?
    Requests can be made in writing, via email, in person or over the telephone.
    Requests must include the applicant’s full name, contact details and provide details about the information that is being requested.
    Applicant’s requesting copies of their own personal information will be required to verify their identification and in some cases may be requird to complete a Right to Information/Information Privacy Access Application.
     
    What information types may be accessed?
    The following information types may be released as long as the content is not exempt or contrary to the public interest:
    • information provided by Council to you previously;
    • information you have provided to Council previously;
    • information publicly available;
    • information routinely made available by Council; or
    • your personal information.
    In some cases, Council may redact information to protect people’s privacy or to restrict confidential information.
     
    What information is not able to be accessed?
    The following information types are not accessible under this scheme:
    • information prohibited from release under law;
    • information that is exempt under the RTI Act or IP Act;
    • information that contains another individual’s personal information;
    • information relating to a matter that is currently under investigation; or
    • information that is available through a fee for service.
     
    Who can apply?
    Anyone can apply for information; however, there is no guarantee that access will be given.
     
    Are there fees and charges?
    There is no application fee associated with making a request. Council may however impose fees to reproduce or provide physical access to the information as outlined in Council’s Fees and Charges schedule.
     
    Can I get a review of what is provided?
    There is no ability to seek a review under the IP Act of a decision made under this scheme.
     
    Council reserves the right to refuse access under the Administrative Access Scheme and refer enquiries to the Right to Information/Information Privacy Access Application process.

  • Our Publication Scheme lists information which you can obtain from Livingstone Shire Council. The information is organised into seven groups. Most Queensland Government websites provide information in a similar way.

    Accessing Information in the Publication Scheme

    Where possible these documents are available for download from council's website. If you are having difficulty accessing any documents, please contact council to request access to documents in another suitable format (for example, hard copy). Information listed in the Publication Scheme is generally available free of charge from our website. For requests for large volumes of material or other special requests, charges may be payable. Customers will be advised in advance of any charges payable before a request is processed. 

    About Us
    'Who we are and what we do'
     
    Our Services
    'Information about the services we deliver, including advice and guidance, publications, newsletters and media releases.'
     
    Our Finances
    'What we spend and how we spend it, including our financial statements and financial management practices.'

    Our Priorities
    'Council's priorities and how well we are meeting those priorities.'
    Council Plans, Strategies & Reports

    Our Decisions
    'The outcomes of decision making processes.'
    Council Meetings
    Get Involved

    Our Policies & Procedures
    'The outcomes of decision making processes.'
    Policies & Procedures

    Enquiries and complaints about the Publication Scheme

    Your comments are highly valued and any feedback you provide will be used to make improvements to the Publication Scheme. If you wish to provide feedback to improve our Publication Scheme please contact Council. 

  • Council maintains a disclosure log as part of its commitment to being open and transparent.

    Council’s disclosure log provides documents that were released in response to certain formal applications for access to documents.

    Once documents have been released they are available for access without going through the RTI process. For copies of these documents please contact Council's RTI Officer by emailing rti@livingtone.qld.gov.au

    Disclosure Log 2023 - 2024

    Disclosure Log 2022 - 2023

    Disclosure Log 2021 - 2022

    Disclosure Log 2020 - 2021

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