Queensland Consolidated Acts

RIGHT TO INFORMATION ACT 2009 - SECT 54

54 Notification of decision and reasons

(1) An agency or Minister must give a prescribed written notice to an applicant for an access application of—

(a) the decision on the application, including a decision to refuse to deal with the application; and

(b) if the application relates to a document that is not a document in the possession, or under the control, of the agency or Minister—the fact that the document is not a document in the possession, or under the control, of the agency or Minister.

(2) In addition to the details that must be stated in a prescribed written notice, the notice must also specify the following—

(a) if access to a document is to be given—

(i) an itemisation of any processing and access charges payable by the applicant; and

(ii) the period within which the applicant may access the document under section 69 (the
"access period" ); and

(iii) details of the publication of the document, or of information about the document, that is required or permitted by section 78 or 78A , if the applicant accesses the document within the access period and the document does not contain personal information of the applicant; and

(iv) details of the publication of the document, or of information about the document, that is required or permitted by section 78 or 78A , if the applicant fails to access the document within the access period and the document does not contain personal information of the applicant;

(b) if access is to be given to a copy of a document subject to the deletion under section 73 of irrelevant information—the fact that the document is such a copy;

(c) if access is to be given to a copy of a document subject to the deletion under section 74 of exempt information—

(i) the fact that the document is such a copy; and

(ii) the provision of schedule 3 under which the information is exempt information; and

(iii) the reasons for the decision classifying the information as exempt information;

(d) if access is to be given to a copy of a document subject to the deletion under section 75 of contrary to public interest information—

(i) the fact that the document is such a copy; and

(ii) the factors identified as favouring disclosure and the factors identified as favouring nondisclosure under section 49 ; and

(iii) the reasons for the decision that, on balance, disclosure would be contrary to the public interest under section 49 ;

(e) if access to a document is to be given subject to deferral under section 72 —

(i) the reason for the deferral; and

(ii) the day on which the agency or Minister expects the document to be presented or released as mentioned in section 72 ;

(f) if dealing with the access application is refused under section 40 —

(i) the provision of schedule 3 under which the information in the document is exempt information; and

(ii) the reasons for the decision classifying the information as exempt information;

(g) if access to a document is refused under section 47 (3) —

(i) the processing charges payable by the applicant; and

(ii) the provision of section 47 (3) under which access is refused; and

(iii) if access is refused under section 47 (3) (a) —

(A) the provision of schedule 3 under which the information in the document is exempt information; and

(B) the reasons for the decision classifying the information as exempt information; and

(iv) if access is refused under section 47 (3) (b) —

(A) the factors identified as favouring disclosure and the factors identified as favouring nondisclosure under section 49 ; and

(B) the reasons for the decision that, on balance, disclosure would be contrary to the public interest under section 49 ; and

(v) if access is refused under section 47 (3) (c) —the reason under section 50 the agency or Minister considers access would not be in the best interests of the child; and

(vi) if access is refused under section 47 (3) (d) —the reason under section 51 the agency or Minister considers that the disclosure to the applicant might be prejudicial to the physical or mental health or wellbeing of the applicant; and

(vii) if access is refused under section 47 (3) (e) —the provision of section 52 (1) under which the document is nonexistent or unlocatable; and

(viii) if access is refused under section 47 (3) (f) —the type of access to the document under section 53 that is available.

(3) An agency or Minister is not required to include any exempt information or contrary to public interest information in the notice.

(4) Subsection (2) (a) (ii) does not apply if the document is given with the notice.

(5) This section does not apply in relation to a deemed decision.