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You are here: Home Publications and research publications corporate Annual Report 2011–12 Right to information - Annual Report 2011–12
You are here: Home Publications and research publications corporate Annual Report 2011–12 Right to information - Annual Report 2011–12
You are here: Home Publications and research publications corporate Annual Report 2011–12 Right to information - Annual Report 2011–12

Right to information - Annual Report 2011–12

The Right to Information Act 2009 (RTI Act) aims to provide the community with greater access to information. Under the legislation, the CMC must disclose information unless, on balance, it is contrary to the public interest to provide it.

The RTI Act does not apply to particular documents under the Crime and Misconduct Act 2001 such as those relating to surveillance devices, controlled operations, and controlled activities for misconduct offences, assumed identities and covert search warrants.

A further limitation on access to CMC information is a provision that exempts information obtained, used or prepared for an investigation by the CMC or another agency where the investigation is carried out as part of the CMC’s Crime, Intelligence and Misconduct functions. The exemption also applies to such information obtained, used or prepared by its predecessors, the CJC and the QCC, in performing equivalent functions. An exception to this exemption provision is provided if the person subject to investigation seeks information about themselves and the investigation has been finalised.

The exemption is considered necessary to ensure that the CMC can protect from disclosure information it receives from public sector employees who voluntarily assist it in the course of an investigation. It ensures that the CMC remains effective and that public confidence in it is maintained so that employees will continue to cooperate with its investigations, rather than obliging the CMC to invoke its coercive powers in every investigation.

The CMC’s website includes a publication scheme as per the requirements of the RTI Act.

Persons who are refused access to information may apply to have the decision reviewed by the Information Commissioner.

Right to Information Act 2009: applications and reviews 2011–12

Applications for access
On hand at 1 July 2011 0
Received 9
Access
Full access granted 1
Partial access granted 3
Access refused (all information exempt) 1
No documents located 1
Withdrawn/lapsed 3
Outstanding at 30 June 2012 0
Reviews
Internal 0
External (to Information Commissioner) 1
Last updated: 18 March 2013

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