Information access and use guideline

Purpose

This guideline provides information and advice for Queensland Government agencies to consider when implementing the five requirements of the Open data, information sharing, access and use policy. It has been designed to complement the actions proposed by the Queensland Government Data sharing framework and open data artefacts by offering additional guidance. 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, including the Information Privacy Act 2009 where personal information is collected, used, disclosed or otherwise handled), agencies are strongly recommended to further investigate these obligations considering their own business requirements and seek legal or expert advice where necessary. Agencies should also consult the Queensland Government Enterprise Architecture (QGEA) for overarching principles, policies and supporting resources relevant to the management, sharing and use of information and data.

Scope

This guideline does not consider the decision-making process surrounding user access levels to information that has been deemed as suitable to be shared. Guidance related to information access levels is addressed in the Information security classification framework (QGISCF) related to the Information and cyber security policy (IS18) under the QGEA.

Determining the release status of information

Determining the release status of information enables agencies to assess the suitability of information for administrative release before a formal access request is made. This is consistent with the Right to Information Act 2009 ‘push model’ principle that information should be made available unless there is a valid reason not to do so.

What is the process for determining the release status of information?

The process for considering information prior to determining its release status assists agencies to identify information:

• that may be released without restriction
• requiring further or specialist assessment
• that should not be released at a particular point in time.

Releasing government information to the public

In line with policy requirement 5 of the Open data, information sharing, access and use policy, the Queensland Government is committed to making government information available and accessible to the public wherever possible.

Agencies should determine the release status of all government information with reference to their own policies. Where release is being considered, the public interest test may also assist in determining whether information should be disclosed by weighing factors favouring disclosure against those favouring non-disclosure. The Office of the Information Commissioner’s website provides further information on applying the public interest balancing test, including how to identify and weigh factors for and against disclosure, considerations of government accountability and privacy, irrelevant factors, and the statutory balancing process.

When to apply decision making criteria

Agencies should apply decision making criteria at defined points in the information lifecycle. Triggers may include:

• creation of a record in a document or records management system
• finalisation or approval of information
• receipt of a request for information
• review or change of content or security classification
• addition of information to an information asset register.

Triggers may vary depending on the information type and format. For example, transactional data may be assessed once operational, while emails may be assessed when determined to be public records.

Release status categories

Decision-making assigns information to one of three release statuses:

Decision logic

Recording release status

Agencies should record the release status using existing mechanisms, such as:

• information asset registers
• document metadata or property fields
• electronic document and records management systems (eDRMS)
• data sharing register.

Recording the status prevents unnecessary reassessment unless circumstances change.

Information released under Right to Information

Where information is released following a formal right to information (RTI) application:

• publish to the agency disclosure log where appropriate
• apply one of the following tags:
  • yes — assessed under RTI legislation
  • no — exempt or not in the public interest under RTI legislation.

Information tagged no may be reassessed over time (for example, Cabinet material after ten years).

Relationship to other frameworks

Creative Commons

• Information licensed under any Creative Commons licence should be tagged yes.
• Information suitable for publication should undergo a licensing review.
• Follows the Queensland Government Public Sector Intellectual property principles where it may be necessary to depart from Creative Commons licences.

Data sharing framework

• Translates principles into operational guidance, including steps, checklists and reference models for data sharing.
• Assists agencies in sharing and using data effectively while meeting legislative, privacy and security obligations.
• Enables a consistent whole-of-government approach to data sharing that supports transparency, accountability and improved service delivery.
• Promotes a culture of trust and collaboration aligning with the responsibility to share for public benefit.

Queensland Government Information security classification framework (QGISCF)

Key consideration areas

Considerations assess:

• public interest factors (e.g. transparency, accountability, public debate)
• restrictions on release (e.g. statutory prohibitions, Cabinet material, legal privilege, security, confidentiality, draft status)
• administrative factors (e.g. prior publication, alternative access, classification, metadata).

Implementation

In alignment with policy requirement 5 of the Open data, information sharing, access and use policy, agencies must establish appropriate governance arrangements, including:

• defined decision-making processes and triggers
• escalation and approval pathways
• clear roles for assessors, specialists, and authorised officers
• supporting tools, systems, training, and communication.

Public access to information

This section provides guidance in meeting policy requirements 1 and 5 of the Open data, information sharing, access and use policy.

Policy requirement 1 requires agencies to provide government information in accessible, open formats to the maximum extent possible, where policy 5 requires agencies to actively manage and release non-sensitive government data, including systematically publishing data in ways that maximise accessibility and reuse.

Releasing government information to the public

In line with policy requirement 5, the Queensland Government is committed to making government information available and accessible to the public wherever possible.

Agencies should determine the release status of all government information with reference to their own policies. Refer to the Determining the release status of information part of this guideline for more detailed information.

Where release is being considered, the public interest balancing test may also assist in determining whether information should be disclosed by weighing factors favouring disclosure against those favouring non-disclosure. The Office of the Information Commissioner’s website provides further information on applying the public interest balancing test – including how to identify and weigh factors for and against disclosure, considerations of government accountability and privacy, irrelevant factors, and the statutory balancing process.

Publication schemes

The Right to Information Act 2009 mandates agencies to publish a publication scheme setting out what information the agency has made available, how it can be accessed and the terms (including charges) of its use, in accordance with guidelines published by the administering agency’s Minister.

A publication scheme is a framework for proactively releasing key information about an agency’s operations, services, and decision-making processes, promoting transparency and accountability. 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 agency’s 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
• Publication Schemes and Disclosure Logs
• Office of the Information Commissioner’s website – Administrative access, publication schemes and disclosure logs.

Administrative access schemes

Administrative access schemes support the Right to Information (RTI) environment, by streamlining access to government information where appropriate and encouraging openness, transparency and accountability. These schemes provide a structured and efficient way for the public to access certain types of government information without the need to submit a formal RTI application, reducing administrative burden and improving service delivery. To support the implementation of policy requirement 1, agencies may consider establishing and publishing:

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

The Office of the Information Commissioner’s website provides information including how agencies can provide access to government-held information outside a formal RTI application, the advantages and risks of administrative access schemes, and factors to consider when releasing information proactively.

For further information relating to release status of information, refer to the Determining the release status of information section of this guideline.

Disclosure logs

Disclosure logs are mandated under the RTI Act 2009 requiring government agencies to publish information that has been released under an RTI application. They are public records that list information disclosed to an applicant, making it accessible to a wider audience and ensuring that documents of public interest are available to a wider public audience. For specific requirements and advice please refer to the:

• Right to Information Act 2009
• Office of the Information Commissioner’s website – Administrative access, publication schemes and disclosure logs.

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, the Digital service standard outlines 13 criteria that must be met when designing and implementing digital services – including information services (government websites and mobile applications), to ensure alignment with the Digital services policy.

Open formats

Open formats are file formats with publicly available specifications, shared under an open license, that anyone can use, modify, and share freely. Data is considered open when it is discoverable, freely accessible, and licensed to allow reuse, while still ensuring privacy, security, and confidentiality.

Agencies must actively manage and release non-sensitive government data in open, machine-readable, and reusable formats in accordance with policy requirement 5 and the Queensland Government Open Data Policy Statement. This supports access, reuse, and best practice principles for open data, while fostering innovation, public value, and the Queensland Government’s commitment to transparency, participation, and collaboration. The Open data best practice guideline provides further information to assist agencies in the proactive release of open data, ensuring alignment with the Queensland Government Open data policy statement and existing legislative requirements.

The Open data publishing toolkit provides information about open data obligations for agencies to ensure open data is managed and published correctly. More information and published data can be accessed the Queensland Government’s Open Data Portal.

Refer to the Determining the release status of information section of this guideline for guidance on proactive release principles for systematically assessing and publishing non-sensitive government data.

Examples of open file formats include:

Data sharing framework

Under policy requirement 2 of the Open data, information sharing, access and use policy, agencies are required to support the exchange of government information where there is a legitimate business need. Agencies can refer to the Data sharing framework to guide and enable data and information sharing.

The Data sharing framework is a critical enabler for agencies to share and use data effectively, supporting whole-of-government priorities for transparency, accountability, and improved service delivery. It provides clear, practical guidance, including steps, checklists, and reference models to help agencies operationalise data sharing in compliance with legislative, privacy, and security requirements.

It aims to foster a culture of trust and collaboration across agencies, shifting from a hesitancy to share mindset to a responsibility to share for public benefit.

The framework outlines:

• why data can be shared
• when data should be shared
• what data can be shared
• who can share and receive data
• how data can be shared.

The Data sharing framework also includes guidance on impact assessments, legal considerations, metadata standards and dispute resolution pathways.

Maximising free access to government information

This section supports policy requirement 3 of the Open data, information sharing, access and use policy, indicating that agencies must provide government information free of charge to the maximum extent possible.

Freely accessible government information

The Queensland Government’s 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. Agencies should consider making non-sensitive data freely available through the Queensland Government Open Data Portal where it can be easily discovered, accessed and re-used.

General documentation describes government information as information that is easily accessible and 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. These types of general documentation should be provided on agency websites or via the Publications Portal.

Charging for government information

Unless there is a legislative requirement or other suitably compelling reason to charge for information, agencies should provide free access to information wherever possible. Where a decision is made to charge for government information, agencies 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 agency or statutory body for which users are to be charged.

See also Financial and Performance Management Standard 2019 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

Agencies 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 Regulation 2025.

Information products

If an agency identifies an opportunity for an information product (an enhanced means of accessing government information), it must ensure that access is provided under consistent and unbiased terms and conditions for all recipients.

Register of information assets

Maintaining a register of information assets consistent with the requirements of the Information asset custodianship policy will assist agencies to develop a comprehensive list of their information assets and any associated access or sharing charges. This register can also provide agencies with the capacity to regularly analyse and review charging regimes.

Information licensing

This section provides advice to assist agencies in applying a consistent information licensing to government information (i.e. policy requirement 4 under the Open data, information sharing, access and use policy). The Queensland Government’s framework for licensing government information is Creative Commons unless there are reasons not to use Creative Commons licensing e.g. if the information is operationally valuable.

Intellectual property

High level policy for the management of intellectual property for Queensland Government agencies is provided in the Queensland Public Sector Intellectual Property Principles.

Creative Commons information licensing

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 agencies 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.