Proactive publication of Cabinet documents – Commencement of relevant sections of the Information Privacy and Other Legislation Act (IPOLA)

The Right to Information Act 2009 (Qld) (RTI Act) has been amended to support the proactive publication of Cabinet documents through an administrative release scheme which responds to a key recommendation from the Coaldrake review of culture and accountability in the Queensland public sector.

The amendments:

• ensure that the publication of documents under a proactive release scheme does not alter the exempt status of redacted information and of other Cabinet-related documents currently taken to be comprised exclusively of exempt information under the RTI Act
• provide Ministers with appropriate protection from civil liability; and
• protect public interest immunity.

The amendments have effect from 1 March 2024, with the commencement of sections 78, 87, 89 and 136 of the Information Privacy and Other Legislation Amendment Act 2023, preceding the proactive release of Cabinet documents which we understand will occur for the Cabinet meeting of 25 March 2024 onwards.

Impact on Agencies

RTI decision makers should keep in mind that Cabinet material may be proactively published by Cabinet, and ensure they apply the Cabinet exemption in schedule 3, section 2 taking into account the new subsection (3A).

Updated guides and information sheets from OIC

OIC has updated the following resources:

• the Annotated Legislation, and
• the Cabinet and state budgetary Information guideline.