The Queensland Right to Information Act 2009 and the Information Privacy Act 2009 commenced in July 2009. The Acts provide the community with a legally enforceable right to access documents subject to a limited number of exemptions. If you are seeking access to your own personal information, you can apply under the Information Privacy Act 2009. If you are seeking access to non-personal information, or the personal information of a person other than yourself, you should apply under the Right to Information Act 2009. Formal access applications under the RTI or IP Act should be made as a last resort only.
Administrative Access Schemes available:
Please exhaust the following administrative access schemes prior to applying through Right to Information. Fees associated with the purchase of documents within administrative access schemes are provided on our QPS Schedule of Fees and Charges 1 July 2017.
After reviewing the above administrative access schemes and you are satisfied that you are unable to access the information via this process, you may wish to apply for the information through Right to Information.
Do you have a court hearing?
- Is the authorised delegate to accept service of summonses and subpoenas and other formal notices to produce records on behalf of the Commissioner of the Queensland Police Service (QPS).
- Ensures that legal process served on the Commissioner is complied with and records are produced to courts and tribunals within required timeframes;
- Processes requests for information under statutory record release schemes other than Right to Information (RTI) legislation e.g. section 134A Evidence Act 1977;
- Provides information to the public as well as legal practitioners who wish to obtain QPS documents for the purposes of court proceedings.
- Magistrates Court
- District, Supreme & Children’s Court
- Federal Circuit Court & Family Court
- Interstate Courts
- Evidence Act & Notice of Non-Party Production (Civil Proceedings Only)
IMPORTANT: Should you require documents for court, please contact the Subpoena Team on Phone: (07) 3364 6093. Please note that the Subpoena Team require 10-14 business days to process an application.
Right to Information applications:
An application must:
1. Be in the approved form;
2. Provide sufficient information concerning the document(s) as is reasonably necessary to enable a responsible officer of the agency to identify the document(s); and
3. Specify an address for notification of a decision.
4. State whether access to the document is sought for the benefit of, or use of the document by—
(i) the applicant; or
(ii) another entity; and
5. if access to the document is sought for the benefit of, or use of the document by, an entity other than the applicant—the name of the other entity.
Where an application is made for documents that concern your personal information, certified identification will be required before documents can be released.
An example of appropriate identification is a photocopy of your birth certificate or passport or driver's licence. The document must be certified by a qualified witness as being a correct copy of the original document.
A qualified witness means:
(a) a lawyer or notary public; or
(b) a commissioner for declarations; or
(c) a justice of the peace.
Applications for documents can be addressed in the following methods:
Right to Information & Privacy
Queensland Police Service
GPO Box 1440
BRISBANE QLD 4001
By email: email@example.com
Fees and charges
An application for access under the Right to Information Act 2009 has a mandatory (non-refundable) application fee of $48.00. This fee cannot be waived and must be paid before your application can be processed.
There is no application fee payable for an application under the Information Privacy Act 2009. However an application under the Information Privacy Act 2009 may be dealt with under the Right to Information Act 2009 if you seek access to non-personal information or information which does not concern your personal information.
In addition to the application fee, applications for documents that do not relate to your personal affairs may also attract additional charges for time spent by members in searching for and processing the documents applied for. The charges that apply are $7.45 for each 15 minutes or part thereof.
A photocopy fee of twenty five (25) cents applies to each photocopied single sided non-personal document. If access is sought by way of inspection of the documents, a charge of $7.45 for each 15 minutes or part thereof is payable.
You may not have to pay the processing and copy charges if you have a:
Centrelink Health Care Card;
Centrelink Pensioner Concession Card; or
Veterans Affairs Pensioner Concession Card.
Forms of Payment
Cheque or money order can be made payable to the Commissioner of Police.
EFTPOS facilities are available at the Right to Information and Privacy Unit.
In some instances EFTPOS is also available at police stations.
Alternatively, applications and payments can be made online at www.rti.qld.gov.au.
Time taken to process applications
Generally you will receive a final response to your application within 25 business days of the Service receiving your valid application. Please note there are no legislative provisions in the Act requiring this Unit to preferance an urgent application.
If a document you requested is from another party, for example another government agency or someone who may have concerns with the release of the information, consultation with this other party may be required. In these circumstances the Service has an additional 10 business days to finalise your application.
Reviewing a decision
If you are dissatisfied or "aggrieved" with the decision regarding access or amendment to documents you can apply to the Agency for an internal review of its decision, or alternately apply to the Information Commissioner for an external review of the decision.
To apply for an internal review of a decision you must apply in writing within 20 business days of receiving the decision.
Applications for internal review should be addressed to:
Right to Information and Privacy
Queensland Police Service
GPO Box 1440
BRISBANE Qld 4001
Your internal review application will then be referred to a senior officer for decision.
If you are not satisfied with the decision made by the agency, either on your original RTI or IP application or at internal review, or the agency did not make a decision within the required timeframe, you may apply to have the decision externally reviewed by the Information Commissioner.
An application for external review must:
• be in writing
• be made within 20 business days from the date stated on the decision notice
• provide an address
• give details of the decision for review; and
• be lodged with the OIC by one of the following methods:
Level 7, 133 Mary St, Brisbane
PO Box 10143
BRISBANE QLD 4000
Further information in relation to The Office of the Information Commissioner is available at http://www.oic.qld.gov.au.