Information access and use guideline

Introduction

Purpose

This guideline provides information and advice for Queensland Government departments to consider when implementing the requirements of the Information access and use (IS33) policy. These guidelines do not form the mandatory component of the policy and are for information only. While some information communicates other mandatory obligations, which may be relevant in the context of the policy (e.g. legislation), departments are strongly recommended to further investigate these obligations considering their own business requirements, and seek legal/expert advice where necessary.

Scope

The guideline does not relate to software licensing which is addressed elsewhere under the QGEA.

Public access to information

This section provides advice to assist departments in providing government information to the public to the maximum extent possible (i.e. policy requirement 1 of the Information Access and Use Policy (IS33)).

Determining the release status of government information

The Queensland Government has made a commitment to provide access to government information, where it is in the public interest to do so. This includes releasing non-sensitive data by default in accordance with the Queensland Government Open Data Policy Statement.

Departments should determine the release status of all government information, with reference to their own policies and the QGEA guideline on Pre-determining the release status of information: ex ante decision making considerations. Of particular use is appendix A of that guideline, which lists the ex ante decision making considerations informed by the exclusions, exemptions and public interest aspects of the Right to Information Act 2009. Departments should also ensure that they have a systematic approach, including clear authorising and governance arrangements to support public access to information. Further information on the public interest test can be found on the Office of the Information Commissioners website.

Publication schemes

The Right to Information Act 2009 requires departments to publish a publication scheme setting out what information the department has made available, how it can be accessed and the terms (including charges) of its use, in accordance with guidelines published by the Minister. Publication schemes support the proactive and maximum disclosure of all non-personal government information, unless contrary to the public interest. Government information from the publication scheme should, where possible, be available on the departments website or a link should be provided to where it can be found on another government website. For specific requirements and advice refer to the:

• Right to Information Act 2009
• Ministerial Guidelines for Publication Schemes and Disclosure Logs
• Office of the Information Commissioners website.

Administrative access schemes

Administrative access schemes support the Right to Information environment, by streamlining access to government information where appropriate and encouraging openness, transparency and accountability. To support the implementation of this principle, departments may consider establishing and publishing:

• an administrative access scheme policy
• administrative access schemes where appropriate.

Further information on administrative access schemes is available on the Office of the Information Commissioners website.

Disclosure logs

Disclosure logs make information disclosed to an applicant under the Right to Information Act 2009 available to a wider public audience. For specific requirements and advice please refer to the:

• Right to Information Act 2009
• Ministerial Guidelines for Publication Schemes and Disclosure Logs
• Office of the Information Commissioners website.

Access and equity issues for Queensland Government websites

The Queensland Government aims to achieve fair and equitable access to government information for everyone. To achieve this there are a number of factors that should be considered when designing and implementing websites to ensure alignment with the Digital services policy.

Open formats

Departments should consider using open formats when publishing government information as this supports, access, reuse and the principals outlined in the Queensland Government Open Data Policy Statement. Further information about open data can be found on the Queensland Governments data portal. Information about open file formats is available from the Queensland State Archives website.

Departments should be cognisant of the related requirements within the Consistent User Experience Standard for HTML-equivalents for documents.

Sharing Government information

This section provides advice to assist departments to support sharing government information with other government entities where there is a business need (i.e. policy requirement 2 of IS33).

Information Sharing Authorising Framework (ISAF)

The Information Sharing Authorising Framework (ISAF) is designed to facilitate the establishment and ongoing management of information sharing activities across the sector. The framework provides a set of scalable tools which can assist Departments to mitigate barriers and maximise sharing opportunities in relation to all types of data including open, closed and shared. Further advice on information management practices that support the ISAF can be found in a range of QGEA artefacts including:

• Information Management Principles
• Information asset custodianship policy (IS44).

Maximising free access to government information

This section provides advice to assist departments to provide government information to the maximum extent possible free of charge (i.e. policy requirement 3 of IS33).

Freely accessible government information

The Queensland Governments Open Data Policy Statement highlights the benefits of open data and supports releasing data to optimise its use and reuse to benefit the people of Queensland. Departments should consider making non-sensitive data freely available through the Queensland Government data portal where it can be easily discovered, accessed and re- Government information that is easily accessible should be provided free of charge where it relates to the processes of government and where the government has the objectives of informing the public, securing public cooperation and community engagement. These include but are not limited to legislation and subordinate legislation, parliamentary bills, Hansard, the Queensland Government Gazette, Parliamentary papers, commissions of inquiry reports, annual reports, budget papers, exposure drafts of bills, papers inviting public comment and corporate plans

Charging for government information

Unless there is a legislative requirement or other suitably compelling reason to charge for information, departments should wherever possible provide free access to information. Where a decision is made to charge for government information, departments should ensure that charges are minimal and primarily directed at cost recovery.

Section 18 of the Financial Performance Management Standard 2009 (FPMS) User charging, outlines the responsibilities of each accountable officer to identify the goods or services provided by the department or statutory body for which users are to be charged.

See also Queensland Governments Principles for fees and charges (Queensland Government employees only) which support the provision of goods and services free of charge, at a subsidised cost or at most on a cost recovery basis.

Legislative requirements to charge

Departments should ensure that relevant charges are made when government information is supplied to meet statutory duties and standards of service set out in an act or associated regulation such as Right to Information fees and charges.

Information products

If a department identifies an opportunity for an information product (an enhanced means of accessing government information), the department should ensure that it:

• does not derive unfair commercial advantage from having custody of the information on which it is based
• provides access to this same original information to the private and public-sector information providers on the same terms and conditions.

Register of information assets

Maintaining a register of information assets consistent with the requirements of the Information Asset Custodianship Policy (IS44) may assist departments to develop a comprehensive list of their information assets and any associated access or sharing charges. This register can also provide departments with the capacity to regularly analyse and review charging regimes.

Information licensing

This section provides advice to assist departments in applying a consistent information licensing framework to government information (i.e. policy requirement 4 under IS33). The Queensland Governments framework for licensing government information is Creative Commons.

Intellectual property

High level policy for the management of intellectual property by Queensland Government departments is provided in the Cabinet-endorsed Queensland Public Sector Intellectual Property Principles.

Creative Commons Licencing

Creative Commons licences provide copyright owners with a range of free licences which facilitate the sharing and re-use of information. It is recommended that departments use Version 4.0 Creative Commons (CC) International licences which cover a wide range of copyright materials and licencing types. For further advice see the Creative Commons website.

AusGOAL

Previous documents referred to the Australian Governments Open Access and Licensing Framework (AusGOAL). However, with the launch of the revised Information access and use policy (IS33), the Queensland Government has formally adopted the Creative Commons International Version 4.0 as the preferred licencing framework for government information.