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ARTICLE · 25 OCTOBER 2010

Does Queensland's Right to Information Act apply to Special Purpose Vehicles?

Clayton Utz
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QCAT's decision in City North Infrastructure Pty Ltd v Information Commissioner [2010] QCATA 60 clarifies that the Right to Information Act 2009 (Qld) (RTI Act) does not apply to corporate Special Purpose Vehicles established by the State Government under the Corporations Act 2001 (Cth).

AustraliaGovernment, Public Sector
Barry Dunphy
Barry Dunphy
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QCAT's decision in City North Infrastructure Pty Ltd v Information Commissioner [2010] QCATA 60 clarifies that the Right to Information Act 2009 (Qld) (RTI Act) does not apply to corporate Special Purpose Vehicles established by the State Government under the Corporations Act 2001 (Cth).

What is a public authority to which the Right to Information Act applies?

An entity can be subject to the RTI Act if it is a "public authority" as defined under the RTI Act, which has three elements:

  • established by government
  • under an Act
  • for a public purpose.

City North Infrastructure Pty Ltd (CNI) is a Special Purpose Vehicle established by the Queensland Government to assist in the delivery of certain infrastructure projects. Before a State Government Department can form a company it must obtain the Treasurer's approval (under the Financial Accountability Act).

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