Queensland Consolidated Acts

RIGHT TO INFORMATION ACT 2009 - SECT 109

109 Exception for successful challenge of s 55(2) notice

(1) This section applies if an agency or Minister gives a notice under section 55 (2) and the information commissioner is satisfied that the document concerned does not include prescribed information.

(2) Section 108 (3) does not apply.

(3) Section 110 applies except that the commissioner must—

(a) first give a copy of the decision only to the agency or Minister; and

(b) give a copy of the decision to each other participant only if, at the end of 20 business days after the date of the decision, the commissioner has not been notified that the agency or Minister has—

(i) applied for a statutory order of review under the Judicial Review Act 1991 in relation to the commissioner’s decision (
"applied for judicial review" ); or

(ii) appealed to QCAT against the commissioner’s decision under section 119 (
"appealed on a question of law" ).

(4) Further, if the commissioner directs that access to the document is to be given, the agency or Minister must comply with the direction only if, at the end of 20 business days after the date of the decision, the agency or Minister has not applied for judicial review or appealed on a question of law.