Application of the Plan
Exemptions to IS42
Exempt Bodies: Royal commissions or commissions of inquiry; Parents and Citizens Associations as defined in Part 6 of the Education (General Provisions) Act 1989; Queensland Department of Health (QH) (IS42A applies to QH).
Exempt Personal Information related to covert activity; witness protection; disciplinary actions and misconduct; Whistleblowers; Cabinet and Executive Council documents; and Commissions of Inquiry.
Application of IS42 to Ministerial Staff
The Director-General, Department of the Premier and Cabinet (DPC) is the accountable officer for ministerial staff and Cabinet has endorsed that ministerial staff are covered by IS42.
Ministerial Offices operate autonomously. Personal information is collected and records are kept separate from Departmental records. Ministerial offices are responsible for the maintenance, storage and use of their own records and are considered a separate agency for the purposes of IS42.
A special relationship exists between a Minister's office and their department. There is a high degree of community expectation that a Minister has access and deals with information in relation to departmental records. Such an expectation is balanced with concepts of fairness and integrity. Compliance with the IPPs contained in IS42 is implemented in a way that does not inhibit the effective administration of a Ministerial Office.
Personal Information managed by ministerial staff
Personal information managed by ministerial staff include incoming and outgoing correspondence; ministerial briefing notes; personal information relevant to issue management provided by clients/constituents; and employment information.
The main repositories of personal information are Government Departments who manage the collection, storage, use and disclosure of personal information in accordance with the IPPs.
Members of Parliament and their staff acting on behalf of constituents
The Office of Government ICT has developed guidelines for Members of Parliament and their staff acting on behalf of constituents. These Guidelines can be accessed at: www.qgcio.qld.gov.au (external link)
Retention and disposal of records
The Public Records Act 2002 governs the making and preservation of public records in Queensland. The period of time for which each type of public record is retained is in accordance with this legislation and the Queensland State Archives Office of the Minister for the Crown DisposalAuthority.
Access, amendment and review
Individuals are entitled to access records containing their personal information and to request that the information be altered if it is not accurate. Access and alterations are governed by the Freedom of Information Act 1992 (Qld) (FOI Act). IPPs 6 and 7 are limited in their operation to the existing rights of access and alteration under the FOI Act.
If an individual believes that their personal information has not been dealt with in accordance with an IPP they may make a complaint to the agency seeking an internal review. The request must be made in writing within six months from the date when the alleged breach occurred and its receipt will be acknowledged in writing within 14 days from the date on which the request was received. The individual will be advised in writing of the outcome of the review within 60 days from the date of receipt of the request.
Requests for access, amendment or review must be in writing addressed to the Director-General, Department of the Premier and Cabinet, PO Box 15185, City East, Queensland 4002.
Last reviewed: 17 July, 2009
Last updated: 22 July, 2009
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