department of local government, planning, sport … department of local government, planning, sport...

Department ofLocal Government, Planning,

Sport and Recreation

S t a t e m e n to f

A f f a i r s

2 0 0 4

S T A T E M E N T O F A F F A I R S 2 0 0 4 | L o c a l G o v e r n m e n t a n d P l a n n i n g

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Table of contents

Item Page

1. Foreword .................................................................................................................................................................. 2

2. History, Resources and Purpose .............................................................................................................................. 3

3. Departmental Structure............................................................................................................................................ 4

4. Organisational Arrangements .................................................................................................................................. 5

5. Community Consultation and Involvement .............................................................................................................. 8

6. Acts administered by the Department .................................................................................................................... 9

7. Departmental locations .......................................................................................................................................... 10

8. Documents held by the Department ...................................................................................................................... 13

9. Publications ............................................................................................................................................................ 14

10. Freedom of Information Act - .................................................................................................................................. 15

10.1 Accessing and amending documents ...................................................................................................... 15

10.2 Lodging an FOI request for access .......................................................................................................... 15

10.3 Where to send an application or request ................................................................................................ 15

10.4 What happens to your request? .............................................................................................................. 15

10.5 Access to Council documents .................................................................................................................. 15

10.6 Consultation with a Third Party .............................................................................................................. 15

10.7 Personal Affairs applications .................................................................................................................. 16

10.8 Cost.......................................................................................................................................................... 16

10.9 Preliminary Assessment of Charges ........................................................................................................ 16

10.10 Waiver of charges (Financial Hardship) .................................................................................................. 16

10.11 The Decision/TimeLimits.......................................................................................................................... 17

10.12 Inspection of documents.......................................................................................................................... 17

10.13 Original Decision on FOI application........................................................................................................ 17

10.14 Right of Review ........................................................................................................................................ 17

10.15 Internal Review........................................................................................................................................ 18

10.16 External Review ...................................................................................................................................... 18

10.17 Exemption Categories under the FOI Act ................................................................................................ 18

FOI Application Form (Payment/Details of Request)...................................................................................... 19

Enquiries/ApplicationFees/Charges .................................................................................................................. 20

In accordance with the Freedom of Information Act 1992, the information in this document is current as at 19 August 2004.


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1. Foreword

I am pleased to present the 2004 Statement of Affairs of the

Department of Local Government, Planning, Sport and

Recreation. This document is published in accordance with

section 18 of the Freedom of Information Act 1992 (‘FOI Act’)

which requires each Queensland Government agency to

produce an annual statement of its structure, functions and the

effect of its operation on the community, including:

• its history, resources and purpose;

• its services and products, structure and locations;

• organisational arrangements;

• community consultation and involvement;

• details of free documents and documents for sale held by

the Department; and

• access arrangements and procedures under the Freedom

of Information Act 1992.

This document is the Statement of Affairs of the Department of

Local Government, Planning, Sport and Recreation as at 19

August 2004.

Dr Ted Campbell

Director-General

The Department of Local Government, Planning, Sportand Recreation was established on 22 February 2004following machinery-of-government changes announcedfollowing the State election on 8 February 2004. TheDepartment is accountable to the Deputy Premier,Treasurer and Minister for Sport for the programsadministered by Sport and Recreation Queensland, theQueensland Academy of Sport and the Office of UrbanManagement and to the Minister for Environment, LocalGovernment, Planning and Women for programsadministered by Local Government Services, PlanningServices, Building Codes Queensland and the Office forWomen.

The Chief Executive Officer (‘Director-General’) is Dr TedCampbell. The Department provides frameworks,infrastructure, services and products that seek toachieve:

• a contemporary system of local government whichpromotes effective governance at the local level;

• integrated planning and development assessmentsystems;

• cost-effective building and construction standardswhich protect public health, safety and amenity inand around buildings;

• investment in infrastructure and services to meetthe needs of communities;

• regional infrastructure planning and coordination inSouth East Queensland;

• improving the quality of life of Queenslandcommunities through the provision of sport andrecreation programs and facilities;

• supporting the development of Queensland’s eliteathletes; and

• improving services and opportunities for women.

It has a workforce of approximately 650 people.

In carrying out these activities, the Department strives tobe a client-focussed organisation that:

• demonstrates leadership;

• encourages our staff to think conceptually and becreative;

• maintains high standards of accountability;

• fosters a questioning and solution orientatedapproach; and

• aspires to excellence in achieving quality results

that complement the government’s priorities,outcomes and policies.

Our Values

In this endeavour we are committed to the followingvalues:

• respect for all people and their differences;

• honesty and integrity;

• diligence and high quality service;

• economy and efficiency; and

• respect for the Law and the System of Government.

Our Code of Conduct reflects the importance we place onthese values for individuals and our organisation.


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2. History, Resources and Purpose


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Organisational Chart

Sport and Recreation

Queensland

Queensland Academy

of Sport

Building Codes

Queensland

Planning Services

Office of

Urban Management

Office for Women

Corporate Services

Executive Services

Local Government

Services

Internal Audit

Director-General


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Building Codes Queensland

Building Codes Queensland (‘BCQ’) is responsible forensuring cost-effective and efficient building andplumbing codes which protect public health, safety andamenity in and around buildings, together with anefficient approval system. This is achieved by developingand refining appropriate building codes, standards andadministrative systems. BCQ also assists the buildingindustry, local government and the public on theinterpretation and application of building and plumbingregulations and promotes best practice techniquesthrough education and dissemination of information.

BCQ administers the Plumbers and Drainers Board andBuilding and Development Tribunals. The Board isresponsible for licensing plumbers and drainers, whilethe Tribunal hears appeals in respect to building andplumbing approvals.

Local Government Services

Local Government Services (‘LGS’) facilitates a responsiveand cost-effective governance system by:

• establishing and improving the legislativeframework within which all councils operate;

• co-ordinating the development of State policiesimpacting on local government;

• providing advisory, statutory and professionaldevelopment services to help councils continuouslyimprove their performance; and

• managing the distribution of State and Federalfunds to improve the level and quality of localgovernment infrastructure and services.

Planning Services

Planning Services (‘PS’) fosters sustainable developmentthat balances social, economic and environmental needsand builds Queensland’s regions through theimplementation and management of best practiceplanning and development assessment systems. PSachieves this by:

• implementing and maintaining the integratedlegislative and regulatory framework within whichplanning and development is conducted;

• coordinating the preparation and implementation ofregional planning strategies;

• providing a range of planning information to users

of the planning system; and

• co-ordinating whole-of-Government reviews of localgovernment planning schemes and majordevelopments in the context of matters of State andregional significance.

The Integrated Planning Act 1997 (‘IPA’) forms thefoundation of Queensland’s planning and developmentassessment framework. It integrates many differentdevelopment related assessment systems into a singleIntegrated Development Assessment System (‘IDAS’) thatis jointly administered by State and Local Governments.

Office of Urban Management

The Office of Urban Management (‘OUM’) wasestablished following the February 2004 State Electionand will become fully operational during 2004-05. Therole of the OUM is to provide leadership and to work incollaboration with State Agencies, Local Governmentsand other stakeholders in South East Queensland tomanage urban growth and infrastructure provisioneffectively, in order to maintain a high quality of life andfacilitate sustainable development. The functions of theOUM will include:

• coordinating the preparation and implementation ofthe SEQ Regional Plan;

• encouraging natural resource investment planningand management;

• coordinating regional social and economic planning;

• identifying and coordinating future key regionalinfrastructure needs to support a regionalsettlement strategy;

• communicating regional infrastructure needs tolocal governments and agencies forimplementation; and

• providing advice on the preparation of the IPAplanning schemes and priority infrastructure plans.

Sport and Recreation Queensland

Sport and Recreation Queensland (‘SRQ’) provides policyframeworks and develops facilities and services to:

• foster participation by Queenslanders in sport andactive recreation;

• build a sustainable sport and recreation sector; and

• in participation with key stakeholders, positionQueensland as a premier sporting destination.

4. Organisational arrangements

Queensland Academy of Sport

The Queensland Academy of Sport (‘QAS’) provides highperformance sports programs for Queensland’s eliteathletes through:

• developing and managing elite sport coachingprograms for athletes, including those with adisability;

• providing services to maximise individualperformance;

• providing athlete career and education services; and

• developing and managing talent identificationprograms to screen and assist in athlete selection.

The Centre of Excellence is part of the QueenslandAcademy of Sport. Its primary objective is to assist inoptimising the performances of QAS athletes and ensurethat the QAS remains at the forefront of athletedevelopment and support.

The Centre of Excellence has three distinct functions:

1. To facilitate applied research in the field of sport science;

2. To provide postgraduate scholarships with universitiesin the field of applied sport science; and

3. To fund the purchase and development of specialisedtechnologies to assist elite athletes.

Office for Women

Through the Office for Women (‘OFW’) the Governmentaims to create opportunities for women to shape,transform, access and realise the benefits of the SmartState and meet the challenges in areas where women stillexperience greatest under-representation, inequity andneed. The OFW supports the achievement of theGovernment’s outcome for Queensland of a fair, sociallycohesive and culturally vibrant society.

The OFW works with key stakeholders to implement theGovernment’s strategic policy framework for women inQueensland and encourages greater collaborationbetween the community and Government to improve thelives of women. This is achieved by:

• implementing strategies to reduce violence againstwomen, improve health and wellbeing, promoteopportunities to help women balance their work,family and lifestyle and improve women’s capacityto achieve financial security;

• increasing women’s participation in leadership,decision-making and community building roles; and

• offering a free referral and information servicethrough Women’s Infolink.

Corporate Services

Corporate Services (‘CS’) provides the administrativemanagement, support services, policy and businessprocesses, and legal and administrative law servicesnecessary for the Department to operate effectively andin a coordinated way.

CS works in partnership with all staff to develop theorganisational capacity, systems and processes neededto achieve the Department’s mission and service deliveryagreement with Government.

Key objectives of CS are to facilitate the development ofan organisation that is well managed, professional,innovative and has the highest standards ofaccountability, ethical practice and client service. CSseeks to create and maintain an organisational culturethat is imbued with a culture of continuous improvementin operational and business performance and recognisesthe value of intellectual capital.

Certain finance, human resource and facilities servicespreviously provided by CS are now delivered through theDepartment’s shared service provider, CorporateSolutions Queensland. This shift in role is part of theGovernment’s Shared Service Initiative. CS now managesthe contract for the delivery of these services on behalf ofthe Department.

Executive Services

Office of the Director-General

The primary responsibility of Executive Services (‘ES’) isto ensure the provision of timely, accurate and highquality advice and services to the Ministers and theMinisters’ staff, the Director-General, senior managementand the Department’s service areas particularly inrelation to Cabinet, Executive Council, Ministerial,Legislative, and Parliamentary matters.

This role performed by the ES Unit includes themanagement, coordination and operation of theportfolio’s Cabinet, Executive Council, Ministerial,Legislative and Parliamentary processes and proceduresundertaken by the Department.

ES also has administrative responsibility for theDepartment’s Internal Audit Unit.


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Aboriginal and Island Councils

The Department assumed portfolio responsibility forlegislation governing the establishment and operation ofAboriginal and Island councils on 1 July 2004. Legislationwill be introduced to transition Aboriginal councils to agovernance model similar to the model applied tocouncils established under the Local Government Act

1993, as outlined in a White Paper released on 2 October2003, Meeting the Challenges of Community Governance

– A White Paper on new laws for Aboriginal community

governance.

The future governance arrangements for Island Councilswill be considered through a similar consultation process.

Building governance capacity in Aboriginal councils willbe addressed through the new Community GovernanceImprovement Strategy (‘CGIS’) which is an integrated andtargeted strategy to assist councils over the next fouryears to transition to the new model, enhance theirgovernance practices and raise community awareness.


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5. Community Consultation and Involvement

The Department provides advice to the Government onthe performance of legislation it administers concerninglocal government, planning, development, building,plumbing codes, sport and recreation and legislationimpacting on Women. We make recommendations as tohow such legislation can be improved in terms of itsoperation. A full list of the legislation administered is atSection 6. The Department also provides advice on theimplications of policy in these areas from a whole-of-government perspective.

To this end, the Department employs a variety ofmechanisms, which facilitate community involvement inpolicy development processes. These include:

• preparation and dissemination of discussion papersseeking community and stakeholder feedback onthe development of policy proposals and/oradjustments to existing policy on legislativeframeworks;

• targeted consultation with focus groups andmeetings with clients and stakeholders on specificpolicy issues; and

• directly seeking and recording the views of clientswho attend Departmental forums and seminarsrelating to training, policy advice and the provisionof technical information and guidelines.

The Department also conducts surveys of its clients toobtain feedback on its services and products and how itis meeting the needs of its clients. Information obtainedthrough these surveys contributes to the Department’sapproach to policy development and influences itsservice delivery strategies.

We welcome your comments on how successful we are inachieving our standards of client service. Feedback,including compliments, suggestions and complaints, isimportant to us as it helps us adjust our practices toimprove our level of service.

Department of Local Government, Planning, Sport and

Recreation Internet Site

Information about the Department is also availablethrough the Department’s internet site. The Departmentvalues this site as an important communication channelwith the local and global community. The URL is:www.dlgpsr.qld.gov.au.

www.dlgpsr.qld.gov.au


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6. Acts administered by the Department

Under existing administrative arrangements, the followinglegislation, as amended, is administered by the Ministerfor Environment, Local Government, Planning andWomen, through the Department of Local Government,Planning, Sport and Recreation:

• Australian Estates Company Limited, Hasting Street,

New Farm, Viaduct Authorisation Act 1962

• Brisbane City Council Business and Procedure Act

1939

• Building Act 1975

• Central Queensland Coal Associates Agreement Act

1968 (Sch pt VI)

• Century Zinc Project Act 1997 (ss 14-17)

• City of Brisbane Act 1924

• Community Services (Aborigines) Act 1984 (Parts

3,4 (Div 1,2), Part 7, 12 (s182 (d) and (f )-(m)), Parts

13, 14 and 15) (Parts 1, 2, 12 (ss181, 182 (a),(r)-(v)

and (zf )-(zk) jointly administered with the Minister

for Aboriginal and Torres Strait Islander Policy)

• Community Services (Torres Strait) Act 1984 (Parts

3,4 (Div 1, 2), Parts 7, 8, 12 (s192 (d),(f )-(m) and (r)-

(s)) 13, 14 and 15) (Parts 1, 2, 12 (s191, 192 (a), (t)

and (zb)(zg)) jointly administered with the Minister

for Aboriginal and Torres Strait Islander Policy))

• Integrated Planning Act 1997

• Integrated Resort Development Act 1987

• Local Government (Aboriginal Lands) Act 1978

• Local Government Act 1993

• Local Government (Aboriginal Lands) Act 1978

• Local Government (Chinatown and The Valley Malls)

Act 1984

• Local Government (Queen Street Mall) Act 1981

• Local Government (Robina Central Planning

Agreement) Act 1992

• Mixed Use Development Act 1993

• Plumbing and Drainage Act 2002

• Sanctuary Cove Resort Act 1985

• Townsville Breakwater Entertainment Centre Act

1991

• Townville City Council (Douglas Land Development)

Act 1993

Under existing administrative arrangements, the followinglegislation as amended is administered by the DeputyPremier, Treasurer and Minister for Sport, through theDepartment of Local Government, Planning, Sport and Recreation:

• Gold Coast Motor Racing Events Act 1990

• Major Sports Facilities Act 2001

• Mt Gravatt Showgrounds Act 1988

• Royal National Agricultural and Industrial

Association of Queensland Act 1971

• Sports Drug Testing Act 2003


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7. Departmental locations

Post: PO Box 31 Brisbane Albert Street Qld 4002

Internet: www.dlgpsr.qld.gov.au

Contact Us

You can contact the Department of Local Government,

Planning, Sport and Recreation by:

Portfolio area contact information:

Director-General

Level 18, 41 George StreetBrisbane Qld 4000Phone: 07 3239 3216 Fax: 07 3247 3679

Local Government Services

General Manager Level 17, 41 George StreetBrisbane Qld 4000Phone: 07 3225 8600 Fax: 07 3225 8612

Building Codes Queensland

General ManagerLevel 25, 41 George StreetBrisbane Qld 4000Phone: 07 3235 4123 Fax: 07 3237 1248

Corporate Services


Executive Services

ManagerLevel 18, 41 George StreetBrisbane Qld 4000Phone: 07 3247 3642 Fax 3239 6640

Planning Services


Office of Urban Management

DirectorLevel 461 Mary StreetBrisbane Qld 4000Phone: 07 3247 5446 Fax: 07 3235 4563

Office for Women

DirectorLevel 1, 61 Mary StreetBrisbane Qld 4000Phone: 07 3224 4062 Fax: 07 3224 4272

Email [email protected]

Internet http://www.dlgpsr.qld.gov.au

Telephone 07 3234 1870

Fax 07 3247 3638

Post Department of Local Government,Planning, Sport and Recreation PO Box 31 Brisbane Albert Street Queensland 4002

Location Level 18 Mineral House 41 George Street Brisbane Queensland



Fax 07 3229 0642



Fax 07 3221 9964

You can also contact the following areas directly:

Minister for Sport

The Office of the Deputy Premier, Treasurer and Ministerfor Sport can be contacted by:

Minister for Environment, Local Government, Planning

and Women

The Office of the Minister for Environment, LocalGovernment, Planning and Women can be contacted by:


mailto:[email protected]




Queensland Academy of Sport

Executive DirectorPO Box 956 SunnybankQueensland 4109Phone: 07 3872 0200 Fax: 07 3872 0205Email: [email protected] Information: Website: www.qasport.qld.gov.au

Sport and Recreation Queensland

Executive DirectorLevel 5, 160 Mary StreetBrisbane Qld 4000PO Box 187, Brisbane Albert Street, 4002Phone: 07 3237 0098 Fax 07 3235 4723Further information: http://www.srq.qld.gov.au

The Department of Local Government, Planning, Sport

and Recreation also has offices in the following locations:

Bundaberg

16 Quay StreetBundaberg Qld 4670PO Box 979 Bundaberg Qld 4670Phone: 07 4151 9743 Fax: 07 4151 9745

Cairns

Level 2 Orchid Plaza 79-87 Abbott Street Cairns Qld 4870PO Box 5194 Cairns Qld 4870Phone: 07 4039 8859 Fax: 07 4039 8866

Mackay

Level 2 Day and Night Pharmacy Building67-69 Sydney StreetMackay Qld 4740PO Box 1734 Mackay Qld 4740Phone: 07 4967 4440 Fax: 07 4967 4448

Rockhampton

Level 3 130 Victoria Parade (Confirm this is currentaddress)Rockhampton Qld 4700PO Box 113 Rockhampton Qld 4700Phone: 07 4938 4078 Fax: 07 4938 4057

Townsville

Level 2 Red Foyer The Commonwealth Centre Walker Street Townsville Qld 4810PO Box 5666Townsville Qld 4810Phone: 07 4760 7530 Fax: 07 4760 7535

Sport and Recreation Queensland also has offices andOutdoor Recreation Centres in the following locations:

Seaforth Seaforth Outdoor Recreation Centre

Yakapara/Seaforth Rd Seaforth Q 4741Ph: (07) 4959 0288Fax: (07) 4959 0288

Yeppoon Yeppoon Outdoor Recreation Centre

170 Matthew Flinders Drive Yeppoon Q 4703Ph: (07) 4939 1355Fax: (07) 4939 3051

Lake Tinaroo Lake Tinaroo Outdoor Recreation Centre

Tinaroo Falls Dam RdTinaroo Qld 4872Ph: (07) 4095 8323Fax: (07) 4095 8372

Lake Julius Lake Julius Outdoor Recreation Centre

Lake JuliusOld Kajabbi Road via KajabbiMt Isa Q 4825 (PO Box 1605)Ph: (07) 4742 5998Fax: (07) 4742 5110

Magnetic Island Magnetic Island Outdoor Recreation Centre

Birt StPicnic Bay Q 4819Ph: (07) 4778 5280Fax: (07) 4758 1285

Currimundi Currimundi Outdoor Recreation Centre

Currimundi Rd Currimundi Q 4551Ph: (07) 5491 3177Fax: (07) 5492 5945

Fick’s Crossing Fick’s Crossing Outdoor Recreation Centre

Wondai via Murgon Q 4606(PO Box 277, Murgon Q 4605)Ph: (07) 4168 5521 Fax: (07) 4168 5862

Christmas Creek Christmas Creek Outdoor Recreation Centre

Christmas Creek Rd, Upper Lamington Q 4285 (MS 98, Beaudesert Q 4285 Ph: (07) 5544.8100 Fax: (07) 5544.8106


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www.qasport.qld.gov.au

www.srq.qld.gov.au


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Tallebudgera Tallebudgera Outdoor Recreation Centre

Gold Coast Highway Nth. Palm Beach Q 4221 (PO Box 50, Burleigh Heads Q 4220)Ph: (07) 5535 3233 Fax: (07) 5520 1347

Warwick Leslie Dam Outdoor Recreation Centre

Leslie Dam Rd via Warwick WARWICK Q 4370 (MS 848)Ph: (07) 4661 3406Fax: (07) 4661 3339

Stanthorpe Storm King Dam Outdoor RecreationCentreMS 649 STANTHORPE Q 4380Ph: (07) 4681 1920 Fax: (07) 4681 4455

The Office for Women has the following regional offices:

Townsville State Government Building,Cnr Stanley and Walter StreetsTownsville QLD 4810Ph: 1800 177 577

Nambour 91-95 Howard StreetNambour QLD 4560Ph: 1800 177 577


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8. Documents held by the Department

The Department creates, and has in its custody, a widerange of hard copy and electronic documents including:reports, minutes and agendas of meetings, maps, plans,audio/visual materials, computer records, generalcorrespondence, internal working documents,departmental publications (including brochures,booklets, reports and videos), policy documents, andpolicy and procedure manuals.

The following list is a guide to the range of documentsavailable. Many older records have been transferred tothe custody of the Queensland State Archives.

Administrative Law documentsAgenda and Minutes of MeetingsAnnual ReportsArchivesAsset RegistersAthlete DevelopmentAudit ReportsBudget Financial AnalysisBuilding Code of Australia and LegislationBusiness PlansCabinet, Legislation and Parliamentary Program Chart of AccountsCode of ConductCommunication and Information PolicyConsultants RegisterCorporate PlansCorporate StandardsDiscussion PapersEnvironmental Impact Assessment ReportsEthics StandardsExecutive Council MinutesFacilities Reports and StatementsFinancial Administration Financial Assistance/Grants ApplicationsFreedom of InformationFunding Program ApplicationsGeneral AdministrationGifts RegisterGreen PapersGrievances-StaffHealth Issues in SportIndigenous Sport and Recreation StrategyHistorical RecordsInformation StandardsInformation Technology Infrastructure and FacilitiesIntegrated Development Assessment System (IDAS)Internal Telephone Directories

Judicial MattersJudicial ReviewLegislation filesLegislative and Regulatory Reform Reports

Legal files and associated documentsLocal LawsLocal Government Managing for OutcomesMapsMinisterial CorrespondenceNative TitleNewslettersOffice for Women documentsOlympic filesOperational PlansOrganisation ChartsOrganisational Review Performance Planning and Review Performance ReportingPersonnel FilesPlanning Guidelines and InformationPlanning LegislationPlanning SchemesPopulation Demographics and Land Supply InformationPosition DescriptionsPosters and BrochuresPolicy FilesPolicy and Procedures ManualsProject FilesPurchase Order FormsRecord Keeping Policies, Standards and GuidelinesReceipt BooksRecruitment and SelectionRegister of Licensed PlumbersRetention and Disposal ScheduleService Level AgreementsSponsorship and Grant funding documents Sport and Recreation filesStaff InformationStaff ManagementStaff Time SheetsStaff Training and Development State Planning PoliciesStatement of AffairsStatistical ReturnsStrategic Plans Tender Terms of ReferenceTelecommunications ServicesVideosWorking Papers


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9. Publications

The Department of Local Government, Planning, Sportand Recreation has a variety of publications available forpurchase or free of charge. They can be obtained in eitherhard copy or electronically.

We recommend that you visit our bookshop at:www.dlgpsr.qld.gov.au/estore.

or if you prefer, you can speak to a staff member at:

Marketing and Communication Unit Department of Local Government, Planning, Sport andRecreation Level 25 41 George Street Brisbane Qld 4000

Phone: 3247 3665 Fax: 3247 3638 Email: [email protected]

The Department’s Ministerial Program Statements - areport on the current year's performance and intendedperformance for the following year (which forms part ofthe Department's budget submission to the Government)is available from:

Government Bookshop371 Vulture Street Woolloongabba Qld 4102 Internet: www.goprint.qld.gov.au

Phone: 07 3246 3399 or Toll Free: 1800 679 77 Fax: 07 3246 3534 Email: [email protected]

www.dlgpsr.qld.gov.au/estore


www.goprint.qld.gov.au



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10. Freedom of information

10.1 Accessing and Amending Documents

The Department of Local Government, Planning, Sportand Recreation values the principles and practices ofopenness and accountability to the community and itsstaff about Departmental operations and record keeping.

When appropriate, requests to access records will behandled by the work unit or officers routinely responsiblefor the relevant records under what is called‘administrative access’. The FOI Act’s enforceable rights ofaccess and amendment are best used when normaladministrative processes are unable to meet the needs ofan applicant for access to Departmental information.

A person is entitled to apply under the FOI Act for accessto an electronic or printed document regardless of whenthe document came into existence.

10.2 Lodging an FOI request for access

To gain access to documents or records under the FOI Act,you must apply in writing with either an FOI applicationform or a letter. An application form is enclosed at the backof this publication. Additional copies may be obtainedfrom the Manager, Legal and Administrative ReviewServices, by calling 07 3235 4303 or fax (07) 3235 9384.

10.3 Where to send an application or request

All requests relating to documents held by theDepartment should be directed to:

The Manager Legal and Administrative Review Services, Corporate Services Department of Local Government, Planning, Sport and Recreation PO Box 31 Brisbane Albert Street Qld 4002 Phone: (07) 3235 4303 Fax: (07) 3235 9384 Email: [email protected]

Applications may be sent by facsimile or email.

You should provide as much information as possible aboutthe information/documents you are seeking. For example,the file number or reference, dates of correspondence,geographical locations, and real property descriptionsshould be included if known. This will assist theDepartment to quickly locate the requested documents.

You are also welcome to discuss the terms of yourapplication with Legal and Administrative Review Servicesbefore lodgement.

10.4 What happens to your request?

When an application is received, Legal and AdministrativeReview Services will send a letter of acknowledgment anda receipt for any money received. The unit will thenattempt to locate all the relevant documents and examinethem for exempt matter.

Under the FOI Act, there are provisions to exempt certainmaterial from disclosure. If the documents are classifiedas fully or partially exempt, the reasons will be explainedto you. You will also be advised of your rights to reviewthe decision.

10.5 Access to Council documents

If you wish to apply for access to documents held by alocal government (council), you should apply in writing tothe Chief Executive Officer of the council that you believeholds the documents (in doing so, you should mentionthat the application is being made pursuant to the FOI Act).

Please refer to your local telephone directory for addressdetails or the Local Government Guide, which can beobtained from the Department. See Section 10‘Publications’ above for details. Local government contactdetails are available online at www.dlgpsr.qld.gov.au.

10.6 Consultation with a Third Party

While processing an FOI application, it may be necessaryfor the Department to consult with a third party if therelease of the documents in question may be ofsubstantial concern to that party. Their views, aboutwhether or not they object to the disclosure of thedocuments in issue, will be sought. However, whileobjections to disclosure will be taken into consideration,the final decision as to whether the information should bereleased under the FOI Act, lies with the Department’s FOIdecision maker.



10.7 Personal Affairs applications

FOI applications relating to the applicant’s personalaffairs are not subject to fees or charges. The term‘personal affairs’ relates to the private aspects of aperson’s life. While there may be a substantial grey areawithin the ambit of the phrase ‘personal affairs’, thephrase has an accepted core meaning which includes:

• family and marital relationships;

• health or ill-health;

• relationships and emotional ties with other people;and

• domestic responsibilities or financial obligations.

If you believe that information recorded in a documentabout your ‘personal affairs’ is inaccurate, incomplete,out-of-date or misleading, you can make applicationunder the FOI Act for the document to be corrected oramended. Employment related issues are not considered‘personal affairs’ under the FOI Act.

10.8 Cost

Applications for access to documents that are not aboutan applicant’s personal affairs attract an application feeof $34.40 as well as a processing charge of $5.10 per 15minutes ($20.40 per hour) if the time spent in searchingfor documents, consulting third parties, and making thedecision exceeds 2 hours. Supervising inspection by theapplicant of documents to which access has been grantedmay also attract a charge of $5.10 per 15 minutes.Photocopying charges are set at 20 cents per A4 size page.

Photocopying charges for other documents such asmaps, charts, audio-visual material or creatingtranscripts of audiotapes etc will be charged at thereasonable commercial rate for reproduction. It should benoted that FOI fees and charges are GST free.

10.9 Preliminary Assessment of Charges

Applicants will be sent a preliminary assessment of theirliability for charges before the relevant documents areexamined. Applicants must advise the Manager, Legaland Administrative Review Services in writing within 30days of receipt of the preliminary assessment of chargeswhether they agree to pay the assessed charges. A 25%deposit will normally be required if an applicant wishesto proceed with an application. Applicants may modifytheir application in order to reduce costs or withdrawtheir application altogether at this stage.

10.10 Waiver of Charges (Financial Hardship)

There is provision for contending that the charges havebeen wrongly assessed and/or should not be imposed onthe grounds of financial hardship. Waiver of charges onthe grounds of financial hardship is only available toindividuals and non-profit organisations.

If you are an individual you may apply for a waiver ofcharges if you have:

• a certified copy of a health care card or pensionerconcession card under the Social Security Act 1991

(Cth); or

• a certified copy of a pensioner concession cardissued by the Commonwealth Department ofVeterans’ Affairs.

If you are a non-profit organisation you may apply for awaiver of charges on the grounds of financial hardship ifyou have:

• proof that the organisation is not carried out for theprofit or gain of its individual members (e.g. anextract from the constitution or equivalent); and

• proof that the organisation is in financial hardship.


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10.11 The Decision

Time limits for deciding FOI applications as specified in the FOI Act are set out in the following table*:


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Day 1 Day 14 Day 45

After receipt ofdeposit and/oragreement toproceed

Day 60


Day 75


Application received

Notify applicant ofreceipt ofapplication, includepreliminaryassessment ofcosts, requesting a 25% deposit.

Applicant has 30 days in which to respond topreliminaryassessment andsend requesteddeposit.

Decision required if:

Personal documentsand no consultationneeded.

Non-personaldocuments createdafter November1987 and noconsultationneeded.


Personal or non-personal documentscreated afterNovember 1987 and consultationneeded.

Non-personaldocuments createdprior to November1987 and noconsultationneeded.


Non-personaldocuments createdprior to November1987 andconsultationrequired.

Time Limits for Freedom of Information Application

*NB: Timeframes may be extended if charges are to be paid.

10.12 Inspection of Documents

Applicants generally gain access to documents releasedunder the FOI Act by either inspecting the originals, orthrough photocopies. Applicants may nominate apreferred method of access in their original request.Documents to which access has been granted may beinspected at a mutually agreed time. Documents will beposted to the applicant if this is preferred. There is noadditional charge for postage.

10.13 Original Decision on FOI Application

The Manager, Legal and Administrative Review Services isthe delegated officer responsible for making decisions inrelation to FOI applications for documents held by Sportand Recreation Queensland, the Queensland Academy ofSport and the Office of Urban Management.

The Principal Policy Officer, Legal and AdministrativeReview Services, is the delegated officer responsible formaking decisions in relation to FOI applications for

documents held by Planning Services, Local GovernmentServices, Building Codes Queensland, Corporate andExecutive Services, and the Office for Women.

10.14 Right of Review

If you are dissatisfied with the original decision, you havea right to ask for an internal review of that decision. Forinstance, you may have been refused access to a whole orpart of a document, refused an amendment of a documentor perhaps you are concerned that your personal orbusiness affairs will be disclosed to someone else.

10.15 Internal Review

Applicants will be advised of their review rights in theDepartment’s decision letter. There is no fee or chargepayable by an applicant for requesting an internal reviewof the decision. However, a written application for internalreview must be made to the Department within 28 daysfrom the day the written notice of the decision is received.

The person undertaking the internal review will be theGeneral Manager, Corporate Services. The Act requires theinternal review decision be made within 14 days of receiptof the application.

10.16 External Review

If you are dissatisfied with the internal review decisionyou can request a review by the InformationCommissioner, Queensland.

Information Commissioner (Queensland) GPO Box 3314 BRISBANE QLD 4001Phone: 07 3005 7100Fax: 07 3005 7009Email: [email protected]: www.slq.qld.gov.au/infocomm/.

The Information Commissioner is an independent externalreview authority established to investigate and reviewcertain freedom of information decisions of agencies. TheOffice of the Information Commissioner is currently heldby the Queensland Ombudsman who has the power toconduct a complete review of the Department’s originaland internal review decisions. The InformationCommissioner may change or confirm the decision madein respect of your FOI application or try to mediate asettlement between the parties.

There is no fee or charge for requesting an external review.

Requests to the Information Commissioner for an externalreview must be in writing and made within 60 days fromthe day on which the written notice of the original orinternal review decision is received.

If the application is for the review of a decision to disclosedocuments contrary to the views of the person obtainedunder section 51 of the FOI Act (consultation with thirdparties) a request for review must be made within 28 days.


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10.17 Exemption Categories under the FOI Act

Section 36: Cabinet Matter

Section 37: Executive Council Matter

Section 38: Matter affecting relations with othergovernments

Section 39: Matters relating to investigations byParliamentary Commissioner or auditsby Auditor-General

Section 40: Matters concerning certain operations ofagencies

Section 41: Matter relating to deliberative processes

Section 42: Matter relating to law enforcement orpublic safety

Section 42A: Matter relating to national or Statesecurity

Section 43: Matter affecting legal proceedings

Section 44: Matter affecting personal affairs

Section 45: Matter relating to trade secrets,business affairs and research

Section 46: Matter communicated in confidence

Section 47: Matter affecting the economy of State

Section 48 Matter to which secrecy provisions ofenactments apply

Section 49: Matter affecting financial or propertyinterests

Section 50: Matter disclosure of which would becontempt of Parliament or contempt of court


www.slq.qld.gov.au/infocomm/


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Application form

Freedom of Information Access Application

Freedom of Information Act 1992

Freedom of Information Contact Officer, Department of Local Government, Planning, Sport and Recreation PO Box 187, Brisbane Albert St Qld 4002 Telephone: (07) 3235 4303 Facsimile: (07) 3235 9384

Freedom of information

Request for Access, under the Queensland Freedom of Information Act 1992, to documents held by the Departmentof Local Government, Planning, Sport and Recreation .

Please use BLOCK LETTERS.

Title _________ Surname___________________________________ Given Name/s___________________________

Postal Address____________________________________________________________________________________

_____________________________________________________________________ Postcode___________________

Company or Business Name (If applicable)_____________________________________________________________

Private Telephone No._____________________________ Business Telephone No._____________________________

Facsimile No.____________________________________

Payment: A $34.40 application fee is payable when you lodge an application for non-personal affairs documents.Payment can be made by Mastercard, Visa or Bankcard. We do not accept Diners Club or American Express.Cheques/Money Orders must be made payable to the Department of Local Government, Planning, Sport andRecreation. [FOI fees and charges are GST free]. Refer attached Schedule of Fees and Charges.

Signature of Applicant/s _________________________________________________ Date______________________

Office use onlyFOI Application no.

Details of Request

Description of Documents you wish to obtain: (Please describe as clearly as possible)

File Reference Number if known:

Date(s) if known: / /

Subject Matter:

(If space insufficient, please attach additional pages)


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All enquiries and applications should be directed to:

The Manager Legal and Administrative Review ServicesDepartment of Local Government, Planning, Sport and Recreation PO Box 31, BRISBANE ALBERT STREET QLD 4002Telephone: (07) 3235 4303 Facsimile: (07) 3235 9384Email: [email protected]

Schedule of Fees and Charges

Application Fees:

Application fee for personal documents. Nil

Application fee for non-personal documents. $34.40

Time spent searching for or retrieving a document ordoing things related to making a decision on anapplication for access to non-personal documents.

$5.10 for each 15 minutes (or part of 15 minutes).

Copies of personal documents. Nil

Copies of A4 size pages for non-personal documents. 20 cents per page.

Copies of documents other than A4 sized paper. Amount that is not more than the actual cost incurred bythe agency in giving access to the documents.

Inspection of non-personal documents and supervisionthereof.

$5.10 for each 15 minutes (or part of 15 minutes).

Charges:
