Right to Information Procedure

Intent

This Procedure has been established to set out the process for accessing information held by James Cook University (JCU; the University) under a Right to Information (RTI) request.

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

Scope

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

For clarity, access to information under this Procedure is limited to documents held by, or under the control of, the University in accordance with the RTI Act.

Where a request relates to offshore or associated entities, only those documents that are held by, or accessible to, the University will be considered within scope. Documents held solely by separate legal entities or offshore operations (i.e. JCU Brisbane and JCU Singapore) are not subject to access under this Procedure.

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

Definitions

Except as otherwise specified in this Procedure, the meaning of the terms used are as per the Right to Information Policy and the Policy Glossary.

Procedure

1. Making Requests

1.1 RTI requests must be made in accordance with the RTI Act, using the Right to Information Access Application Form located on the Queensland government website.

1.2 Completed forms may be submitted to the University as follows:

1.2.1 Electronically to secretariat@jcu.edu.au with the subject heading “RTI Decision Maker”; or

1.2.2 Hard copy forms via post to: The RTI Decision Maker, Secretariat and Records, James Cook University, Townsville Qld 4811.

1.3 The RTI Officer will process all University requests for release of information.

1.4 Each RTI application received will be considered on its own merit, taking into consideration any exempt and out of scope material, and whether the information requested is readily available and eligible for release without the need for an application.

1.5 The RTI Officer has a duty to provide reasonable assistance to an applicant in submitting a request that complies with the requirements of the RTI Act. This includes exercising discretion to determine when a formal application is necessary and may instead facilitate access to the requested information through an administrative release.

1.6 If a request is refused, the applicant will be provided specific written reasons for the decision and informed of their right to appeal the decision.

2. Charges

2.1 An application fee is payable to the University for all requests for information made under the RTI Act. The application fee cannot be waived.

2.2 There is no charge for an administrative release of information.

2.3 There may be additional charges for application processing and information access. Processing and access charges are specified in the Right to Information Regulation 2009 (Qld), and a summary of fees and charges is published on the Queensland Government Right to Information and Information Privacy Fees and Charges webpage. Additional charges payable by the applicant will be set out in a Charges Estimate Notice in accordance with the RTI Act.

3. Response to requests for access

3.1 The University is required to:

3.1.1 acknowledge receipt of an RTI application within 10 business days;

3.1.2 consult with the applicant regarding any difficulties in dealing with the request; and

3.1.3 either grant access to the documents or provide specific written reasons for refusing access within 25 business days. This time frame may be extended by 10 business days if consultation with a third-party is required.

3.2 Where the RTI Officer is required to liaise with other University staff to locate records pertaining to the RTI request, a declaration is required from staff attesting to the thoroughness of their search and confirming that all documents identified have been provided. If information cannot be located, a written explanation of action taken to locate the information must be provided.

4. Review

4.1 RTI applicants may request a review of the outcome of their RTI request in accordance with the RTI Act.

4.2 RTI applicants may apply directly for external review without first seeking internal review.

4.3 Internal Review

4.3.1 If the original RTI request decision was made by a University officer other than the Vice Chancellor, the applicant may request the University to reconsider its decision through an internal review. If the original RTI decision was made by the Vice Chancellor, the applicant must proceed directly to an external review (see 4.4).

4.3.2 An internal review application must be made in writing within 20 business days of the date of the written notification of the decision, stating reasons for seeking amendment of the decision or identifying particular aspects of the decision which are of concern.

4.3.3 Internal review applications must be submitted in writing as follows:

a. Electronically to secretariat@jcu.edu.au with the subject heading “RTI Internal Reviewer”; or

b. In writing via post to: The RTI Internal Reviewer, Secretariat and Records, James Cook University, Townsville Qld 4811.

4.3.4 Internal reviews will be completed within 20 business days after the application is received. Reasons will be given if the original decision is upheld. Applicants will also be advised of their right to seek an external review at this time.

4.4 External Review

4.4.1 The Information Commissioner is independent of the University and is responsible for reviewing the RTI decisions of all agencies. An application to the Commissioner for external review may be made if:

a. the original RTI application outcome was determined by the Vice Chancellor;

b. an applicant is dissatisfied with the outcome of a decision; or

c. the RTI Officer or the Internal Review Officer, fails to make a decision on an application within the prescribed time frame.

4.4.2 An application for external review must be made in writing within 20 business days of the notification of the decision or outcome of internal review.

Related policy instruments

Right to Information Policy

Information Privacy Policy

Information Security Policy

Information Security Management Framework

Records Management Policy

Schedules/Appendices

Nil

Administration

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

Approval Details

Review History