Information Privacy Regulation 2009 (Qld)

Information Privacy Regulation 2009

Part 1 Preliminary

1 Short title This regulation may be cited as the Information Privacy Regulation 2009.

2 Commencement (1) This regulation, other than section 5(2), commences on 1 July 2009. (2) Section 5(2) commences immediately after the commencement of chapter 5 of the Act.

Part 2 Requirements for evidence of identity

3 Evidence of identity— Act , ss 43 (4) and 44 (6), definition evidence of identity (1) For sections 43(4) and 44(6) of the Act, the evidence of identity prescribed for a person is a document verifying the person's identity, including, for example— (a) a passport; or (b) a copy of a certificate or extract from a register of births; or (c) a driver licence; or (d) a statutory declaration from an individual who has known the person for at least 1 year; or (e) if the person is a prisoner within the meaning of the Corrective Services Act 2006—a copy of the person's identity card from the department administering that Act that is certified by a corrective services officer within the meaning of that Act. (2) If a document under this section, other than a document mentioned in subsection (1)(e), is a copy of an original document, the document must be certified by a qualified witness as being a correct copy of the original document. (3) In this section— qualified witness means— (a) a lawyer or notary public; or (b) a commissioner for declarations; or (c) a justice of the peace.

Part 3 Access charge

4 Amount of access charge— Act , s 77 (1) The access charge under section 77 of the Act in relation to an access application for a document is the total of— (a) the actual cost incurred by the agency or Minister for any of the following— (i) any engagement of another entity to search for and retrieve the document; (ii) any relocation of the document necessary to allow access to be given to the document; Example— A document may be transported from Cairns to Brisbane to give access to an applicant who lives in Brisbane. (iii) any written transcription of the words recorded or contained in a document mentioned in section 83(1)(d) of the Act; (iv) any creation of a written document mentioned in section 83(1)(e) of the Act; (v) otherwise giving access to the document (except by giving the applicant a black-and-white photocopy of the document in A4 size), for example, by the reproduction of the document; and Examples— • a licensing fee payable for copying an X-ray • a licensing fee payable for reproducing a duplicate document created using licensed software (b) if the applicant is given a black-and-white photocopy of the document in A4 size—0.25 fee units for each page. (2) The access charge in relation to an application for a document must not include the actual cost of— (a) if access to the document is given by emailing the document to the applicant—the email; or (b) if access to the document is given by giving the document to the applicant on a disc—the disc. (3) Subsection (4) applies for working out the amount of a fee under this section. (4) For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards). Example— Subsection (1)(b) prescribes a fee of 0.25 fee units. If the value of a fee unit for this regulation were $1.50, the number of dollars obtained by multiplying $1.50 by 0.25 would be $0.375. Because $0.375 is halfway between $0.35 and $0.40, it is rounded upwards, so the amount of the fee for subsection (1)(b) would be $0.40.