Right to Information

Right to Information was previously known as Freedom of Information (FOI).

The Queensland Government’s approach is to allow the community a greater access to information held by both Queensland Government and Local Government and introduced two new pieces of legislation the Right to Information Act 2009 (“RTI”) and Information Act 2009 (“IP”):

  • The Right to Information Act 2009 – gives people the right to access documents or information held by council and encourages council to release documents unless they contain information which is exempt or which is contrary to the public interest.
    > Right to Information Act 2009
  • The Information Privacy Act 2009 – outlines how council should manage individuals’ personal information by providing fair collection and handling practices for personal information and also giving people the right to access and amend their own personal information held by council.
    > Information Privacy Act 2009

Burdekin Shire Council is committed to making it easy for the community to access the information it holds and to the effective management of personal information it holds.

Further information about Whole of Government policy and the relevant legislation is available from the Queensland Government.
> Right to Information and Information Privacy website

Did you know that you have the right to access information held by Council?

Burdekin Shire Council collects and stores information about the region, properties, land, individuals, even animals. New legislation supports your access to much of this information, while maintaining appropriate access restrictions for personal or confidential information.

What information is already available? – Council’s publication scheme

The RTI Act requires Council to publish a list of information on its website that is routinely available to residents, known as a ‘publications scheme.’  The information in the publication scheme is grouped into seven classes:

Charges for information

There will be no charge for examining any publication scheme information contained on Council’s websites. However, there may be a charge if a large volume of printed material is required. You can request printed copies of any of the documents available in our publication scheme from our customer service centre.  You will be told about any photocopying charges at the time of your request.

The cover price will be charged for any publications produced by the council for sale. Charges will be kept under review and there is no intention to charge for material that has previously been available for free.

You can access a copy of Council’s Fees and Charges here.

Disclosure log

The disclosure log is a record of Right to Information (RTI) Applications with Burdekin Shire Council. The disclosure log identifies documents that have been released under the RTI act of a non-personal nature. Once documents have been released they are available for access without going through the RTI process. Click here to view the Disclosure Log.

What is right to information?

The Queensland Government recognises that the public has a right to know the information that is created and used by government on their behalf.

The Right to Information reforms mean increased public access to government information. Access to information using legislation such as the Right to Information Act (RTI Act) and Information Privacy Act (IP Act) should be a` last resort’. RTI promotes a culture of openness, accountability and transparency, balanced with appropriate protection for certain information, including personal information. In practice, this means that information will be released unless, on balance, its release is contrary to public interest.

What does RTI cover?

The RTI Act covers document of a non-personal nature that cannot be accessed from another source, for example Council’s internet.

RTI application

  • Works maintenance reports
  • Complaints
  • Diaries

Public documents

  • Council reports
  • Minutes
  • Corporate Plan
  • Council budget
  • Development applications

What is the Information Privacy Act?

The Information Privacy Act 2009 (the IP Act) contains two sets of privacy principles, which regulate how personal information is collected, secured, used and disclosed by Queensland public sector agencies. There are 11 Information Privacy Principles (IPPs) for Queensland public sector agencies, and 9 National Privacy Principles (NPPs) for Queensland Health. Both the IPPs and NPPs are adapted from the Commonwealth Privacy Act 1988. The IP Act sets out a limited number of situations where the privacy principles will not apply, such as for law enforcement purposes.

For further information, please review Council’s informational brochure:
Burdekin Shire Council – Right to Information Fact Sheet

What does the IP act cover?

The IP Act also provides a formal mechanism for a person to apply to access or amend their own personal information. This mechanism, which is set out in chapter 3 of the IP Act, is intended to be a last resort. Agencies are encouraged to provide informal (administrative) access and amendment options to people wherever practicable.

For further information, please review Council’s informational brochure:
Burdekin Shire Council – Information Privacy Fact Sheet

How to make an RTI application

  • Applications must submitted on the prescribed form. Download and print the RTI IP Access Application Form.
  • Payment of RTI fee of $44.85 must be paid at time of application.
  • Provide a specific description of the information you require.
  • Provide an address for notices of the Act to be sent to the applicant.
  • Application to be lodged to Burdekin Shire Council by post to PO Box 974, Ayr Qld 4807 or in person.

For more information on lodging an application go to the Queensland Government’s Right to Information website.

Note: All RTI applications to Burdekin Shire Council must be submitted to Council by post or in person using the prescribed form.  If you are making an RTI application to a Queensland Government department only, you can apply online at their website.

Accessing or Amending your personal details

  • You can amend simple details, such as your address or phone number by calling our customer service centre on (07) 4783 9800 and asking a customer service officer to update your details.
  • If you are a property owner, and wish to amend the ownership name associated with your property this can be done with the assistance of your solicitor.  Council can only amend the name of ownership for a property with the correct authority. Fees may apply.
  • If you wish to make an application for personal information, applications must be submitted on the prescribed form. View the  IP Personal Information Amendment Form.  No fees apply.
  • Evidence of Identity must be provided within 10 business days.
  • Applications to be lodged to Burdekin Shire Council by post to PO Box 974, Ayr Qld 4807, by fax to (07) 4783 9999 or by Email toor in person.

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