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    Application of the Guide

    Application of the Information Privacy Act to Ministerial Staff

    Ministerial Offices operate autonomously. Personal information is collected and records are kept separate from departmental records. Ministerial offices are responsible for the maintenance, storage, use and disclosure of their own records and are considered a separate agency for the purposes of the Information Privacy Act 2009 (IP Act).

    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 Information Privacy Principles (IPPs) contained in the IP Act 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 includes: 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 the Information Commissioner has developed an information sheet for Members of Parliament acting on behalf of constituents.

    Access, amendment and review

    Individuals are entitled to access records containing their personal information and to request that the information be amended if it is not accurate. Right of access to, and amendment of, personal information under IPPs 6 and 7 are set out in Chapter 3 of the IP Act.

    In instances where informal access is not feasible (for example if third parties personal information is involved), a formal request will be required. These requests must be made on the prescribed application form and the applicant must provide proof of identify before access to personal information can be given.

    Application forms

    Fees and charges

    There are no application fees or charges for access to personal information.

    Complaints

    If an individual believes that their personal information has not been dealt with in accordance with the IP Act they may make a complaint to the department. Their complaint will be investigated and a written response provided to them within 45 business days of receipt of the complaint.

    If they are not satisfied with the response, they may apply for an external review by the Information Commissioner.

    A checklist outlining the privacy complaint process is available from the OIC website.

    Complaints must be in writing addressed to the Director-General, Department of the Premier and Cabinet, PO Box 15185, City East, Queensland 4002.

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    Last updated:
    28 September, 2017
    Last reviewed:
    27 September, 2017