RTI Act doesn’t apply to Queensland government companies
In July 2009, an application was made under the Right to Information Act 2001 (RTI Act) to City North Infrastructure Pty Ltd (CNI), a company owned by the Queensland government, for access to a document regarding the construction of the Airport Link. CNI refused to comply with the request, arguing that it was not bound by the RTI Act.
The applicant applied to the Information Commissioner for review. The Information Commissioner decided that CNI was bound by the RTI Act as it was a “public authority” within the terms of the RTI Act, as it was “established by government under an Act for a public purpose”. In particular, the Information Commissioner found that CNI was established under the Queensland Financial Administration and Audit Act 1977 (FAAA), which required the government department setting up CNI to obtain the approval of the Treasurer.
CNI appealed to the Queensland Civil and Administrative Tribunal (QCAT). QCAT decided that the RTI Act did not apply to CNI, as the approval of the Treasurer under the FAAA did not legally constitute CNI as a company (this occurred under the Corporations Act 2001 which, as a Commonwealth Act, was not a relevant Act for the purposes for the Queensland RTI Act).
The applicant appealed this decision to the Supreme Court of Queensland, which upheld QCAT’s decision.
So, for now, Queensland government companies, or special purpose vehicles, are not required to comply with the RTI Act.
However, this exclusion may be short-lived. The Right to Information (Government-related Entities) Amendment Bill 2011 is currently being considered for passage. It proposes to expand the definition of “public authority” in the RTI Act to “any corporation supported directly or indirectly by government funds or other assistance or over which the State, a Minister or a department is in a position to exercise control”.
We will keep you updated on the progress of the Bill. In the meantime, should you have any enquiries regarding application of the Right to Information Act 2001 to your organisation, please contact Jayne Staddon of Board Matters.
Please note that companies which are specified as Government Owned Corporations (GOCs) are subject to the RTI Act under another specific provision of that Act, so this decision is not relevant to GOCs.
You can read more at the following links:
- the Information Commissioner’s decision: Davis v City North Infrastructure Pty Ltd
- QCAT’s decision: City North Infrastructure Pty Ltd v Information Commissioner
- Supreme Court decision: Davis v City North Infrastructure Pty Ld (No 2)