A recent snippet in the Courier Mail suggests that a problem with the Queensland FOI Act may mean that a determination on a Freedom of Information application made after the statutory time limit, may not be a proper determination, meaning that protections in the Act against actions for defamation and breach of confidence do not apply.
It appears in this column by Des Houghton (scroll down to "FOI exposes a time bomb").
Other acts, for example NSW (Section 24(2A)) include a provision that a determination even if made late is covered by the protection against liability provision.
Thanks to a Queensland reader for bringing this to our attention.
This blog takes an interest in issues associated with Freedom of Information (FOI) and privacy legislation in Australia. Information contained on this site is general in nature and does not constitute legal advice. Follow Peter Timmins on Twitter: @foiguru Follow the open government cause through the Australian Open Government Partnership Network. www.opengovernment.org.au and @opengovau
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