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Tuesday, October 02, 2007

Hole in Queensland FOI Act regarding late determinations

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.

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