Please be aware there may be delays obtaining records and dealing with applications under the Right to Information Act 2009 and the Information Privacy Act 2009 as a result of the impacts COVID-19. Read More
Right to Information (RTI) promotes a culture of openness, accountability and transparency. This is balanced with the need to protect other information including personal information held by the Legal Services Commission.
Right to Information requests
Subject to the provisions in the Right to Information Act 2009 (RTI Act) access to documents in the possession of the Legal Services Commission may be permitted.
Before making an RTI application we recommend contacting the Legal Services Commission.
You should also check with the Legal Services Commission RTI Coordinator to determine whether the information is available through an administrative release process.
If the information is not already available, contact the Legal Services Commission RTI Coordinator who will determine whether the information is accessible through an administrative release process, or an RTI Application.
A disclosure log makes information given to applicants under the Right to Information Act 2009 (RTI Act) available to the public. However, if documents contain the applicant’s personal information, they are not published.
Information will be deleted from the document if:
- publication is prevented by law
- it may be defamatory
- it would unreasonably invade an individual's privacy or cause substantial harm to an entity
- it is communicated in confidence or protected from disclosure under a contract.
In some cases, blank pages may exist due to redaction through the decision-making process, or deleting information under section 78B of the RTI Act will result in no text remaining on a document. Please note that blank pages will not be published to the disclosure log.
The Legal Services Commission falls under ‘Other Agencies’ pursuant to section 78A of the RTI Act which states:
(1) If an agency makes a decision in relation to an access application to give access to a document that does not contain personal information of the applicant and the applicant accesses the document within the access period—
- (a) a copy of the document may be included in a disclosure log, if this is reasonably practicable; or
- (b) otherwise—details identifying the document and information about the way in which the document may be accessed may be included in a disclosure log.
Therefore the disclosure log of the Legal Services Commission will not detail the applications we receive, only those decisions that fall within 78A and are compliant with 78B of the RTI Act.
Making a Right to Information Application
An RTI application will generally take 25 business days to process. An additional 10 business days is required where consultation with a third party is needed.
The Legal Services Commission will provide you with a written decision in response to your application. The decision will let you know whether your application was, or was not successful. You are entitled to a review of the decision by a more senior LSC officer, or you may make an application for review to the Information Commissioner.
If your application is for information that is a mixture of personal and non-personal information, it will be processed under the RTI Act.
If the application is to access information that is solely your own personal information, it will be processed under the Information Privacy Act 2009 (IP Act). The same Application Form can be used for both applications.
Fees and Charges
Under the Right to Information Act (RTI Act), an application fee must be paid before an application can be processed.
The current application fee is $51.70.
If the application is solely to access your personal information, you do not need to pay the application fee.
The processing charges for an RTI application are:
- If the agency spends less than 5 hours = nil.
- If the agency spend more than 5 hours processing the application = $8.00 per 15 minutes of part thereof.
If the agency spends more than 5 hours processing an application, the processing charge applies to every hour. For example, if the agency spends six hours processing your application, will be charged for 6 hours. There is no "free" 5 hour period.
The access charges for RTI applications are:
- Copies of documents provided as black and white A4 photocopies = $0.25 per page.
- There are no access charges if documents are provided by email or on a CD. Please note: USBs will not be provided.
If charges are assessed as being payable, the Legal Services Commission will provide you with an estimate before processing the application. You will then have an opportunity to amend the scope of your application should you wish to. For example, you may choose to reduce the number of documents you access.
Fees for Mixed Applications
If you have made an application under the RTI Act and not paid an application fee, or made an application under the IP Act which should properly have been made under the RTI Act because it is a 'mixed information' application, we will contact you to request payment of the application fee before commencing to process the application.
We do not accept payment by credit card.
Payment can be made by:
1. Cheque or money order made payable to "Department of Justice and Attorney General".
2. Direct deposit or funds transfer as follows:
|Account Name||Department of Justice and Attorney-General Controlled Account|
|Reference||LSC RTI [insert your surname]|
Processing and/or access charges may be waived if:
- The agency (i.e. the Legal Services Commission) considers the likely associated cost would be more than the likely amount of the charge.
- An applicant is in financial hardship (i.e. holds a specified valid concession card).
- The applicant is a non-profit organisation and the Information Commissioner has decided that the organisation is in financial hardship.
If you have any questions about applications made to the Legal Services Commission under the RTI Act or the Information Privacy Act 2009 (IP Act), please contact the Legal Services Commission RTI Coordinator:
Submitting completed Application Forms
The Right to Information/Privacy Coordinator
Legal Services Commission
400 George Street
Brisbane Qld 4000