Right to information
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RTI Applications are intended to be a last resort. If you are unable to obtain the information via other means, you may wish to make a formal application as follows:-
- Submit an application form
- If you are applying for one or more documents that do not contain your personal information you will be required to pay an application fee of $55.75. You will receive an email advising how to make payment.
- If you are seeking access on a person’s behalf written authorisation from the person concerned is required. Note: Legal representatives should refer to Office of the Information Commissioner's website - Evidence of authority and identity information.
- Processing and access charges may also apply.
- All RTI applications should provide sufficient information to allow the identification of the documents you are seeking.
- Prior to submitting an application ensure that you have read the application form carefully and completed all information required. Failure to provide information may result in your application being considered non-compliant.
Applications can be emailed to rti@livingstone.qld.gov.au lodged in person at a Council Office or by post addressed to:
- RTI Coordinator
Livingstone Shire Council
PO Box 29
YEPPOON Qld 4703
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Processing charges of $8.65 for every 15 minutes may also be payable. Processing charges will only be applied if the total time taken to process the application is more than five hours. However, before any further amount is payable you will be given an estimate and can decide if you wish to continue with your application or amend the scope of the documents requested.
Access charges are applicable when requesting a copy of the document, calculated at 25 cents per A4 black and white copy. Charges also apply where transcription of audio files is required. Documents requested electronically via USB, disc or email will not incur access charges.
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Once a valid application is received, Council must provide a decision within 25 business days. This time frame can be extended in some circumstances (for example, where charges need to be negotiated, Council needs to consult with a third party or Council requests additional time to consider the application).
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If disclosure of information would reasonably be expected to be of concern to a third party (e.g. another person involved in a complaint or dispute), we may only give access to such information following consultation with the relevant third party and obtaining their views.
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If you are not satisfied with a decision, you have the right to ask for a review.
- An internal review is undertaken by an officer more senior than the original decision maker, and a decision is made within 20 business days.
- An external review application is made to the Office of the Information Commissioner.
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.
What is personal information
Personal information is information or opinion about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. Examples of personal information, but not limited to, include:
- a person's name, address, phone number or email address;
- a photograph of a person;
- the fact that a person is a member, or leader, of an association and their attendance at meetings;
- a person's medical details or health information;
- details about a person's membership of a trade union or professional body; and/or
- ‘sensitive information’ (includes information or opinion about an individual’s racial or ethnic origin, political opinion, religious beliefs, sexual orientation or criminal record, provided the information or opinion otherwise meets the definition of personal information)[.
How to access personal information
Access to documents that relate to an individual's personal information can be accessed by making formal application or a request can be lodged by:
- Email to rti@livingstone.qld.gov.au
- Posted to Right to Information Coordinator, Livingstone Shire Council, PO Box 29, YEPPOON QLD 4703
- Over the counter at a service centre
There is no application fee or processing charges for access to your own personal information. Access charges can apply if you require photocopies of documents provided.
Amending personal information
The IP Act also allows a person to make an application to have their personal information amended if they believe it is:
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incomplete;
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inaccurate'
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out of date or
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misleading.
If any documents provided to you, either through normal access or a formal application, contain inaccurate, out of date, incomplete or misleading personal information about you, you can request to have the information amended.
In most cases, this is achieved informally by contacting Council and providing advice to the department responsible that the information is incorrect, e.g. an incorrect address on a rate notice or incorrect dog registration information.
Alternatively, a formal request to amend your personal information can be made and submitted to Council's RTI/IP Coordinator.
Council's Chief Executive Officer is delegated by Council as the Principal Officer for the purposes of the RTI Act and is responsible for Council's obligations under the RTI Act.
The Chief Executive Officer has delegated the following responsibilities to the roles listed below:
An Internal Review Officer is a delegated decision maker of greater seniority to the initial decision maker. In the event an internal review request is received at Council by the applicant, this officer will review the decision handed down by the initial decision maker in accordance with the RTI and IP Acts.
All Council officers have a responsibility to keep and maintain records in accordance with Council's Records Management Directive and associated procedures.