Delays in Right to Information requests being used ‘strategically’: Information Commissioner

The integrity body overseeing Queensland’s Right to Information scheme has expressed concern lengthy delays in requests can be used ‘strategically’ to deny people answers.

The integrity body that oversees the state’s Right to Information scheme says it’s concerned how long it’s taking government officials to respond to requests, and worries delays can be used “strategically” to deny people answers.

Information Commissioner Rachael Rangihaeata says she’s concerned how many people simply aren’t getting answers because of stretched RTI officers or because information is kept so poorly that it can’t be found.

Ms Rangihaeata told a parliamentary hearing into her office that complaints about missing documents was a stand-alone issue and could damage public trust, particularly when documents were found and released after the OIC got involved.

Office of Information Commissioner Rachael Rangihaeata.

The OIC had 520 applications for RTI review in the 12 months to April 30.

“One of the things that I am looking at at the moment is the timeliness of delay because it’s having an impact and it is something that has caused us concern and we’re seeing through external review … it can be used, in some cases to delay strategically,” Ms Rangihaeata said.

“It’s not necessarily the case, but that is a concern that people have.

“So the impact of access, when it’s delayed, is diminished for people, sometimes it’s lost.”

Acting RTI Commissioner Katie Shepherd said the OIC had issued 15 notices to produce documents this year, and 11 last year “to tackle agency delay”.

“The agency which we issue most of the notices to is Queensland Police Service and we are aware that this agency experiences very high demand for its RTI services and suffers resulting resourcing issues,” she said.

Queensland Police Service was revealed to be the sector receiving the most notices. Pictured is QPS Commissioner Katarina Carroll. Picture: NCA NewsWire/Tertius Pickard

Ms Shepherd said 20 per cent of reviews were for deemed refusal of access decisions, which was “an indicator of agencies unable to meet statutory time frames”.

There were also “opportunities for improved information management”, which was evident from complaints about missing documents that subsequently turned up, she said.

“Unfortunately this is an area where the community can lose trust in government, particularly where further documents are located through the external review process”, she said.

The committee heard the OIC was experiencing “considerable pressure” in regards to resourcing issues – with its “small team” struggling to meet its functions within budget.

Some of that pressure was due to “high conflict individuals” who made many, time-consuming and unclear complaints, which could result in “serious threats” to staff, Ms Rangihaeata said.

The Commissioner said resourcing would be important to consider during the agency’s upcoming strategic review.