Freedom of Information Regulation 1992

Queensland Freedom of Information Act 1992 Freedom of Information Regulation 1992 Reprinted as in force on 19 December 2005 Reprint No. 4I This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See SIA s 56A(2) and SIR s 5 sch 3

Information about this reprint This regulation is reprinted as at 19 December 2005. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Freedom of Information Regulation 1992 Contents 1 2 4 6 7 8 9 10 11 Schedule Page Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Principal office declared—Universities . . . . . . . . . . . . . . . . . . . . . 3 Application fee for access to document . . . . . . . . . . . . . . . . . . . . 3 Amount of charges—Act, s 7, definitions access charge and processing charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 No charge for less than 2 hours . . . . . . . . . . . . . . . . . . . . . . . . . . 4 No charge for particular search and retrieval time . . . . . . . . . . . . 4 Deposit—Act, s 35B(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Prescribed person—Act, sch 4, s 10(6) . . . . . . . . . . . . . . . . . . . . 5 Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 7 8 8 8 10

s1 3 s6 Freedom of Information Regulation 1992 Freedom of Information Regulation 1992 [as amended by all amendments that commenced on or before 19 December 2005] 1 Short title This regulation may be cited as the Freedom of Information Regulation 1992 . 2 Commencement This regulation commences on 19 November 1992. 4 Principal office declared—Universities (1) The office of Vice-Chancellor of each of the following Universities is declared to be the principal office for the purposes of paragraph (c) of the definition principal officer in section 7 of the Act— (a) Griffith University; (b) James Cook University of North Queensland; (c) Queensland University of Technology; (ca) Sunshine Coast University College; (d) University of Central Queensland; (e) University of Queensland; (f) University of Southern Queensland. (2) In this section— Universities includes university colleges. 6 Application fee for access to document (1) An applicant who applies for access to a document that does not concern the applicant’s personal affairs must pay an application fee of $35.25 at the time the application is made.

s7 4 s9 Freedom of Information Regulation 1992 (2) An application fee is not payable for access to a document that concerns the applicant’s personal affairs. 7 Amount of charges—Act, s 7, definitions access charge and processing charge (1) This section applies in relation to an applicant applying for access to a document that does not concern the applicant’s personal affairs. (2) The schedule, part 1 sets out the processing charges. (3) The schedule, part 2 sets out the access charges. (4) This section applies subject to sections 8 and 9. 8 No charge for less than 2 hours Despite section 7 and the schedule, a charge is not payable for doing, for an application, a thing mentioned in the schedule, part 1, item 1 or part 2, item 1, or a combination of the things mentioned in those items, if the total amount of time spent by an officer or officers doing the thing or things is 2 hours or less. Examples — 1 Assume an officer spends, for the application, 1 hour searching for documents and deciding the application for access and 30 minutes supervising inspection of the documents. No charge is payable under the schedule, part 1, item 1 or part 2, item 1. 2 Assume an officer spends, for the application, 2.5 hours searching for documents and deciding the application for access and 2 hours supervising inspection of the documents. This section does not apply and a charge of $91.80, calculated under this regulation, is payable for the activities. 9 No charge for particular search and retrieval time Despite section 7 and the schedule, the amount of time spent searching for or retrieving a document does not include— (a) if the document is not found in the place in which, according to the filing system of the agency or of the office of the Minister (the relevant filing system ) it ought to be located—any time other than the time that

s 10 5 s 11 Freedom of Information Regulation 1992 would have been spent by the agency or Minister in searching for or retrieving the document if the document had been found in that place; or (b) if the relevant filing system ought reasonably to have indicated, but does not indicate, the place in which the document is located—any time other than the time that would have been spent by the agency or Minister in searching for or retrieving the document if the relevant filing system had indicated the place in which the document is located and the document had been found in that place. 10 Deposit—Act, s 35B(6) If an agency or Minister considers it appropriate that the applicant pay a deposit on account of a charge, the deposit must be 25% of the charge. 11 Prescribed person—Act, sch 4, s 10(6) The chief executive of the Department of the Premier and Cabinet is the prescribed person who decides whether processing and access charges are to be waived because the applicant is in financial hardship.

6 Freedom of Information Regulation 1992 Schedule Charges section 7 Part 1 Processing charges 1 Charge for time spent by an agency or Minister in searching for or retrieving a document, or in making, or doing things related to making, a decision on an application for access—$5.20 for each 15 minutes or part of 15 minutes. Part 2 Access charges 1 Charge if an agency or Minister makes an officer available to supervise the inspection of a document—$5.20 for each 15 minutes or part of 15 minutes. 2 Charge for giving access to a written document by providing a black and white photocopy of the document in A4 size—$0.20 for each page. 3 Charge for a form of access to a document under the Act, section 30, other than by inspection or providing a black and white photocopy of the document in A4 size—an amount that is not more than the actual cost incurred by an agency or Minister in giving access to the document.

7 Freedom of Information Regulation 1992 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 19 December 2005. Future amendments of the Freedom of Information Regulation 1992 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted

8 Freedom of Information Regulation 1992 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 2 3 3A 3B 3C 4 4A 4B Amendments to none 1993 SL No. 309 1994 SL No. 383 1995 SL No. 243 1996 SL No. 413 1997 SL No. 373 1997 SL No. 373 2000 SL No. 66 2001 SL No. 223 Effective 19 November 1992 13 August 1993 28 October 1994 25 August 1995 20 December 1996 7 November 1997 7 November 1997 1 May 2000 23 November 2001 Reprint date 1 December 1992 22 September 1993 22 December 1994 1 July 1996 22 January 1997 21 November 1997 6 August 1998 1 May 2000 30 November 2001 Reprint No. 4C 4D 4E 4F 4G 4H 4I Amendments included 2002 SL No. 155 2002 SL No. 223 2003 SL No. 237 2004 SL No. 178 2005 Act No. 28 2005 Act No. 28 2005 SL No. 326 Effective 1 July 2002 1 September 2002 6 October 2003 20 September 2004 31 May 2005 1 September 2005 19 December 2005 Notes 5 Tables in earlier reprints Name of table Changed names and titles Reprint No. 3 6 List of legislation Freedom of Information Regulation 1992 SL No. 354 made by the Governor in Council on 12 November 1992 notfd gaz 13 November 1992 pp 1364–5 ss 1–2 commenced on date of notification remaining provisions commenced 19 November 1992 (see s 2) exp 31 August 2006 (see SIA s 56A(2) and SIR s 5 sch 3) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation—

9 Freedom of Information Regulation 1992 Freedom of Information Amendment Regulation (No. 1) 1993 SL No. 309 notfd gaz 13 August 1993 pp 1777–9 commenced on date of notification Freedom of Information Amendment Regulation (No. 1) 1994 SL No. 383 notfd gaz 28 October 1994 pp 813–15 commenced on date of notification Freedom of Information Amendment Regulation (No. 1) 1995 SL No. 132 notfd gaz 19 May 1995 pp 809–11 commenced on date of notification Freedom of Information Amendment Regulation (No. 2) 1995 SL No. 243 notfd gaz 25 August 1995 pp 2182–3 commenced on date of notification Regional Health Authorities (Consequential Amendments) Regulation 1996 SL No. 413 pts 1, 5 notfd gaz 20 December 1996 pp 1588–98 commenced on date of notification Freedom of Information Amendment Regulation (No. 1) 1997 SL No. 373 notfd gaz 7 November 1997 pp 967–8 commenced on date of notification Justice Legislation (Variation of Fees and Costs) Regulation 2000 SL No. 66 pts 1, 5 notfd gaz 20 April 2000 pp 1533–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 May 2000 (see s 2) Freedom of Information Amendment Regulation (No. 1) 2001 SL No. 223 notfd gaz 23 November 2001 pp 1088–91 ss 1–2 commenced on date of notification remaining provisions commenced 23 November 2001 (see s 2) Education (Queensland Studies Authority) Regulation 2002 SL No. 155 ss 1–2, 98 notfd gaz 28 June 2002 pp 876–83 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2002 (see s 2) Justice Legislation (Variation of Fees and Costs) Regulation (No. 1) 2002 SL No. 223 pts 1, 7 notfd gaz 30 August 2002 pp 1557–61 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2002 (see s 2) Justice Legislation (Variation of Costs and Fees) Regulation (No. 1) 2003 SL No. 237 ss 1–3, sch notfd gaz 3 October 2003 pp 382–5 ss 1–2 commenced on date of notification remaining provisions commenced 6 October 2003 (see s 2)

10 Freedom of Information Regulation 1992 Justice Legislation (Costs and Fees) Amendment Regulation (No. 1) 2004 SL No. 178 ss 1–3, sch notfd gaz 10 September 2004 pp 173–7 ss 1–2 commenced on date of notification remaining provisions commenced 20 September 2004 (see s 2) Freedom of Information and Other Legislation Amendment Act 2005 No. 28 ss 1–2(3)–(4), ch 2 pt 2 date of assent 31 May 2005 ss 1–2, 62–63 commenced on date of assent (see s 2(3)–(4)) remaining provisions commenced 1 September 2005 (2005 SL No. 147) Justice and Other Legislation (Costs and Fees) Amendment Regulation (No. 1) 2005 SL No. 326 ss 1–3, sch notfd gaz 16 December 2005 pp 1490–6 ss 1–2 commenced on date of notification remaining provisions commenced 19 December 2005 (see s 2) 7 List of annotations Deferred application to local governments s 3 om R3 (see RA s 38) Principal office declared—Universities prov hdg sub 1993 SL No. 309 s 3(1) s 4 amd 1993 SL No. 309 s 3(2); 1997 SL No. 373 s 3 Principal office declared—Regional Health Authorities s 4A ins 1993 SL No. 309 s 4 om 1996 SL No. 413 s 10 Act not to apply to certain bodies s 5 amd 1995 SL No. 132 s 3; 1995 SL No. 243 s 3; 1997 SL No. 373 s 4; 2002 SL No. 155 s 98 om 2005 Act No. 28 s 63 Act not to apply to certain functions of certain agencies s 5A ins 1994 SL No. 383 s 3 om 2005 Act No. 28 s 63 Application fee for access to document s 6 amd 2000 SL No. 66 s 10; 2002 SL No. 223 s 14; 2003 SL No. 237 s 3 sch; 2004 SL No. 178 s 3 sch; 2005 SL No. 326 s 3 sch Amount of charges—Act, s 7, definitions “access charge” and “processing charge” s 7 sub 2001 SL No. 223 s 4; 2005 Act No. 28 s 64 No charge for less than 2 hours s 8 sub 2001 SL No. 223 s 4; 2005 Act No. 28 s 64 No charge for particular search and retrieval time s 9 sub 2001 SL No. 223 s 4; 2005 Act No. 28 s 64

11 Freedom of Information Regulation 1992 Deposit—Act, s 35B(6) s 10 sub 2001 SL No. 223 s 4; 2005 Act No. 28 s 64 Prescribed person—Act, sch 4, s 10(6)) s 11 sub 2001 SL No. 223 s 4; 2005 Act No. 28 s 64 Waiving charge because of financial hardship—other agencies and Ministers s 12 ins 2001 SL No. 223 s 4 om 2005 Act No. 28 s 64 SCHEDULE—CHARGES ins 2001 SL No. 223 s 4 amd 2004 SL No. 178 s 3 sch sub 2005 Act No. 28 s 65 amd 2005 SL No. 326 s 3 sch © State of Queensland 2006