The administrative access policy allows the Office of the Health Ombudsman (OHO) to give access to certain types of information as a matter of course without the need for a formal application under legislative measures such as the Right to Information Act 2009 and the Information Privacy Act 2009.
Administrative access is designed to facilitate access to an individual’s own personal information and/or routine non-sensitive information.
Individuals should be given access to their personal information, except where legislation prevents such release, or the information concerns the affairs of other individuals, and its release could be of concern to that individual.
It is to be noted that this policy does not have the right of review available to applicants under statutory access schemes.
Policy
This policy sets out how the Office of the Health Ombudsman (OHO) will fulfill its obligations in relation to the administrative release of information.
This policy applies to all OHO staff (permanent, temporary, agency), and contractors.
The OHO acknowledges the right of the public to have access to public records, the right of an individual to access their own personal information held by the OHO, and an individual’s right to not have their personal information unlawfully interfered with.
This policy addresses how information can be released administratively with a view to reducing the need for individuals having to make formal information requests under the Right to Information Act 2009 (RTI Act) (otherwise known as Administrative Access).
Releasing documents administratively offers the public reduced waiting times to access information and increases transparency of government held information.
Generally, administrative access releases information which is non-sensitive in the hands of the person it is provided to. Although sensitive information may be released in some cases under administrative access, officers considering releasing information must consider relevant factors (such as who is requesting the information) when assessing whether the information should be released or whether a release of the requested information may breach another individual’s privacy.
This policy is not legislated and therefore does not have review rights available to individuals under a statutory access scheme.
An applicant can make a request to administratively access their personal information held by the OHO by making a request in writing which must include:
- the applicant’s full name and date of birth
- the address where the applicant wants the information sent (can be email)
- details about the documents the applicant is requesting
- *a certified copy of the applicant’s proof of identity (e.g. driver’s licence, passport, birth certificate, or statutory declaration from an individual who has known the applicant for at least 1 year).
- The most common method of providing evidence of identity is by way of a certified copy. Copies of evidence of identity documents must be certified as a correct copy of the original by a ‘qualified witness’. A qualified witness is a pharmacist, Justice of the Peace, lawyer, Commissioner for Declarations, or notary public.
- To be valid under the RTI Act, the entire identity document must be provided, with no information redacted from the certified copy.
- Under no circumstances can a qualified witness certify their own identification.
Exceptions
- A prisoner providing a copy of their prisoner identity card as evidence of identity does not need to have it certified by a ‘qualified witness’. Instead, the RTI Regulation requires prisoner identity cards to be certified by a corrective services officer.
- The Queensland Digital Licence app under the Transport Planning and Coordination Act 1994 (the approved app) allows people to store Queensland Department of Transport issued digital authorities. The approved app allows users to display their digital authorities and produce PDF versions of their authorities.
- A PDF document of a ‘relevant authority’ created using the approved app and given in electronic form, e.g. by email, to an agency does not need to be certified by a qualified witness. A relevant authority is a:
- a driver licence
- a photo identification card; or
- a personal watercraft licence or recreational marine driver licence.
Until the above is satisfied, the OHO is unable to process the request.
If the OHO assesses the request and determines the information cannot be released administratively, the Senior Release of Information Officer will contact the individual to inform them of the decision and provide advice about making a formal application under the RTI Act.
- The OHO is committed to respecting, protecting and promoting human rights.
- Under the Human Rights Act 2019 (HR Act) the OHO has an obligation to act and make decisions in a way that is compatible with human rights and, when making a decision, to give proper consideration to human rights.
- When considering a request for information, the decision maker must also identify and give consideration to any potential human rights limitation resulting from any related actions or decisions, ensuring the OHO remains compliant with its obligations under the HR Act.
Health Ombudsman
Under the RTI Act, the Health Ombudsman is considered to be the Principal Officer and is responsible for dealing with access and amendment applications.
The Health Ombudsman may delegate the responsibility for dealing with these applications and internal reviews under the RTI Act to certain employees, such as to the Senior Release of Information Officer.
Senior Release of Information Officer
The Senior Release of Information Officer (SRIO) is responsible for all aspects of dealing with administrative access requests including:
- acting as the OHO’s first point of contact for administrative access requests
- conducting an initial assessment of a request to ensure it is compliant with the requirements under this policy, and consider whether the information requested can be released to the applicant administratively
- liaising with OHO divisions regarding access to documents administratively
- making decisions regarding the release of documents within 10 business days of a compliant request
- providing the applicant with advice of a decision regarding the administrative release of information, and advice about the formal RTI application process, where appropriate.
Executive Directors, Directors, and Managers
Executive Directors, Directors, and Managers are responsible for ensuring:
- employees under their supervision are aware of, and act in accordance with all relevant record keeping and information privacy legislation, or OHO policies, procedures, guidance materials, as well as complete any relevant record keeping and information privacy training to ensure records are created and managed appropriately
- any assistance necessary is provided to the SRIO when searching for records within the OHO’s responsibility
- that a written statement is provided to the SRIO should information not be able to be located, which is to form part of the SRIO’s communications with the applicant. This statement must include an acknowledgment that all reasonable steps have been taken to locate the information.
All Staff
All permanent and temporary OHO staff, agency staff, and contractors must ensure that they:
- maintain all records within their workspace in accordance with all OHO record keeping policies, procedures, guidelines and directives
- provide assistance to the Principal Officer (or delegate) to ensure that any request for the provision of information is handled appropriately to ensure that legislated timeframes are met
- act in accordance with this policy, and all relevant policies, procedures, and legislation
- ensure they remain current and up to date with all relevant learning modules, and current relevant OHO policies and procedures.
Manager
For the purpose of this policy a manager includes anyone supervising an employee at the Office of the Health Ombudsman.
Personal information
Personal information means information or an opinion about an identified
individual or an individual who is reasonably identifiable from the information or opinion:
- whether the information or opinion is true or not; and
- whether the information or opinion is recorded in a material form or not.
Personal information is held by a relevant entity, or the entity holds personal information, if the personal information is contained in a document in the possession, or under the control, of the relevant entity.
Principal Officer
Means the Health Ombudsman: See Schedule 5 of the Right to Information
Act 2009 and Information Privacy Act 2009 (Definition of Principal Officer, subsection (f)) and section 257 of the Health Ombudsman Act 2013.
Qualified Witness
Means a lawyer or notary public, commissioner for declarations, a justice of
the peace, or a pharmacist as defined at regulation 4 of the Right to Information Regulation 2009 (Qld).