Policy University Management Right to Information Policy

Right to Information Policy


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Intent

This Policy has been established to enable James Cook University (JCU; the University) to meet its compliance obligations under the Right to Information Act 2009 (Qld) (RTI Act).

This Policy addresses Higher Education Standards Framework Standards 6.1.3 and 7.3.

Scope

This Policy applies to all University staff, Affiliates and students, and to all members of the public.

This Policy applies to documents in the possession or control of the University, as defined under the RTI Act. This may include documents relating to offshore or associated entities where such documents are held by, or accessible to, the University in Australia through its governance, reporting or operational arrangements.

This Policy does not extend to documents held solely by separate legal entities or offshore operations (i.e. JCU Brisbane and JCU Singapore) that are not in the possession or control of the University.

This Policy does not apply to requests by individuals for their own personal information held by the University. These requests are dealt with under the Information Privacy Policy.

Definitions

Except as otherwise specified in this Policy, the meaning of the terms used are as per the Policy Glossary.

Document

The Right to Information Act 2009 (Qld) (RTI Act) defines a document as "a document, other than a document to which the RTI Act does not apply, in the possession, or under the control, of the University whether brought into existence or received in the University, and includes –

a. a document to which the University is entitled to access; and

b. a document in the possession, or under the control, of an officer of the University in the officer’s official capacity."

Administrative release

Refers to the release of information, in full or in part, by means other than a formal access application under the RTI Act or other applicable legislation.

Information Privacy Access Application

Refers to a formal request for information containing the personal information of the requestor or from someone acting on their behalf and all the documents contain that person’s personal information.

Right to Information Access Application

Refers to a formal request for information that contains some or no personal information of another person/s, in addition to the requestors or, if acting on someone else’s behalf, contains some information that is not that person’s personal information, or none of the information contain that person’s personal information.

Policy

1. General

1.1 The University must comply with the requirements of the RTI Act, the Information Privacy Act 2009 (Qld) and the Public Records Act 2023 (Qld), including to:

1.1.1 process applications and reviews in accordance with the prescribed time frames and provisions of the RTI Act;

1.1.2 publish a Publication Scheme;

1.1.3 provide access to information under the terms of the RTI Act, with the exception of documents available through the University’s website, the Publication scheme, or readily available elsewhere or available for sale;

1.1.4 assist applicants to make an application which is compliant with the RTI Act;

1.1.5 deny access to certain documents or information in order to protect public interests, or the private or business affairs of others; and

1.1.6 refuse to deal with requests that would have an effect on its functions by substantially and unreasonably diverting its resources from their use in the performance of its functions.

1.2 JCU is committed to an open environment which enables the general public, students and staff to access University documents that do not contain personal information via an administrative release, without the need to make a formal Right to Information (RTI) request.

2. Responsibilities

2.1 Vice Chancellor: is the Principal Officer under the RTI Act. The Vice Chancellor delegates responsibility for determining the outcome of RTI applications to the Deputy University Secretary.

2.2 University Secretary: is the designated Internal Review Officer responsible for the internal review of decisions made by the RTI Officer (Deputy University Secretary) as required.

2.3 Deputy University Secretary: is the designated RTI Officer responsible for determining the outcome of all RTI applications submitted to the University in accordance with the RTI Act. Also responsible for liaising with and assisting applicants, prospective applicants and University staff responsible for record keeping in the areas relevant to the information request.

Related policy instruments

Right to Information Procedure

Information Privacy Policy

Information Security Policy

Information Security Management Framework

Records Management Policy

Schedules/Appendices

Nil

Related documents and legislation

Information Privacy Statement and Collection Notice

Privacy and Right to Information Guidelines

Fact Sheet Privacy and Right to Information

Information Privacy Act 2009 (Qld)

Right to Information Act 2009 (Qld)

Right to Information Regulation 2009 (Qld)

Administration

NOTE: Printed copies of this policy are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Policy DomainUniversity Management
Policy Sub-domainCorporate Administration

Policy Custodian

Chief of Staff

Approval Authority

Vice Chancellor

Date for next Major Review

04/03/2031

Revision History

Version no.

Approval date

Implementation date

Details

Author
26-104/03/202601/04/2026

Major review. Procedural information relocated to new Right to Information Procedure.

Deputy University Secretary

15-1

09/10/2015

10/09/2015

Policy sponsor and approval authority amended to reflect Council approved Policy and delegations Framework

 

13-1

25/06/2013

25/06/2013

Minor amendments – application fee increase from $38 to $40.50; further amendments to reflect changes in job title (from Manger to Deputy Director) and the fact that Information Privacy is dealt with solely by the Governance Support Unit.

 

10-1

29/11/2010

30/11/2010