Session 8

Question 1

What does freedom of information refer to?

Answer 1

It refers to access to government held information.

Question 2

What do freedom of information do to laws?

Answer 2

They make laws held by the government available to a person.

Question 3

What level does freedom of information occur at?

Answer 3

State and federal level.

Question 4

Why should information be open?

Answer 4

To ensure complete transparency.

Question 5

The Australian Government agencies hold a range of personal information about individuals. What does this include?

Answer 5

Tax records, medical records, records relating to benefits paid by Centrelink/Dept of Veterans’ Affairs, migration and/or passport records.

Question 6

Can an individual (theoretically) access anything that is publicly owned?

Answer 6

Yes.

Question 7

How can individuals gain access to information released in response to freedom of information requests?

Answer 7

Through online disclosure logs.

Question 8

Who is required to maintain online disclosure logs?

Answer 8

Government agencies and ministers.

Question 9

What does the Freedom of Information Act provide a right of access to?

Answer 9

Documents held by Australian Government ministers and most agencies.

Question 10

What do most freedom of information requests involve?

Answer 10

People seeking access to documents containing their personal information.

Question 11

What kind of information does the Freedom of Information Act only apply to?

Answer 11

Information held in the form of a document.

Question 12

Are ministers/agencies required to create a new document that contains the information sought?

Answer 12

No.

Question 13

What is an example of the right to information process and disclosure logs?

Answer 13

Queensland Police.

Question 14

What is freedom of information called in Queensland?

Answer 14

Right to information.

Question 15

What is the first step for making a freedom of information request?

Answer 15

Put the request in writing (an email counts as writing)

Question 16

Does an email count as putting a freedom of information request in writing?

Answer 16

Yes.

Question 17

What is the second step for making a freedom of information request?

Answer 17

State that it is an application under the Freedom of Information Act.

Question 18

What is the third step in making a freedom of information request?

Answer 18

Describe the document/documents sought.

Question 19

What is the fourth step in making a freedom of information request?

Answer 19

Provide a return address (including an email address).

Question 20

What is the fifth step in making a freedom of information request?

Answer 20

Send the request to a minister or agency.

Question 21

How can you send a request for freedom of information to a minister or agency?

Answer 21

Post, personal delivery or electronically.

Question 22

Does a person making a freedom of information request need to state why the wish to have the information?

Answer 22

No. .

However, there may be charges for processing a request for other types of information.

Question 23

Are there application fees for making a freedom of information request?

Answer 23

No.

Question 24

Are there fees for making a freedom of information request?

Answer 24

No.

Question 25

Can there be charges for processing a freedom of information request for other types of information?

Answer 25

Yes.

Question 26

What laws affect certain elements of privacy?

Answer 26

Federal Privacy Act, Telecommunication Act 1979, Health Services Act 1991 and Invasion of Privacy Act.

Question 27

What does the Federal Privacy Act cover?

Answer 27

Personal info held by a Commonwealth government agency & most private sector companies/organisations.

Question 28

What does the Telecommunications Act cover?

Answer 28

Information held by telecommunications companies. This may be individual’s bills.

Question 29

What does the Invasion of Privacy Act 1971 and Telecommunications (Interception) Act?

Answer 29

Monitoring (listening in to)/recording of telephone conversations.

Question 30

What does the Health Services Act cover?

Answer 30

Medical records held by Queensland Health.

Question 31

Does Australian law generally protect the right to personal privacy?

Answer 31

No.

Question 32

Does Australian law generally protect the right to personal privacy through legislation?

Answer 32

No.

Question 33

Does Australian law generally protect the right to personal privacy through common law?

Answer 33

No.

Question 34

Do some Australian cases recognise a common law right of action for a breach of an individual's implied right to privacy?

Answer 34

Yes.

Question 35

How often does the media invade people's privacy?

Answer 35

Quite regularly in the coverage of news of public interest.

Question 36

When does the media invade people's privacy?

Answer 36

In the coverage of news of public interest.

Question 37

What has assisted there being consequences for media invading privacy?

Answer 37

Social media.

Question 38

Does the media have more social backlash if they invade privacy after a tragedy?

Answer 38

Yes.

Question 39

What is the relationship like between news and entertainment?

Answer 39

Blurring.

Question 40

Has technology increased the ability to invade personal privacy?

Answer 40

Yes.

Question 41

Can technology push the boundaries on what is acceptable in terms of privacy?

Answer 41

Yes.

Question 42

What does the Invasion of Privacy Act prohibit?

Answer 42

The recording private conversations with a listening device by someone who is not a party to the conversation.

Question 43

What act prohibits the recording of someone who is not a party to a conversation?

Answer 43

Invasion of Privacy Act.

Question 44

What is the exception for being able to record a conversation they are not a party to?

Answer 44

If the person obtains permission from all parties to the conversation.

Question 45

In Queensland, is it illegal to wire yourself for an interview?

Answer 45

No.

Question 46

In Queensland, is it illegal to use a hidden camera if you are a party to a conversation?

Answer 46

No.

Question 47

In Queensland, is it illegal to use a recorder if you a party to a conversation?

Answer 47

No.

Question 48

Does the Invasion of Privacy Act make it illegal to publish information from the recording without consent if the conversation was in private?

Answer 48

Yes, but there is a few exceptions.

Question 49

What is a private conversation?

Answer 49

Words spoken by one person to another person in circumstances that indicate that those persons desire the words to be heard or listened to only by themselves … but does not include words spoken by one person to another person in circumstances in which either of those persons ought reasonably to expect the words may be overheard, recorded, monitored or listened to by some other person who has the consent, express or implied, of either of those persons to do so.

Question 50

If a person is being interviewed by a writer, can they expect their words to be heard or listened to by only themselves?

Answer 50

No.

Question 51

If a person is speaking to a writer, are they engaging in a private conversation?

Answer 51

No.

Question 52

When is there not implied consent for a writer to publish a conversation?

Answer 52

When it was off the record.

Question 53

When can private conversations be relayed to others?

Answer 53

If it is reasonably necessary in the public interest or the duty of the person making the communication or publication.

Question 54

What laws make it illegal to attach a device (such as a microphone) to a telephone/any part of the telephone network?

Answer 54

Federal telecommunications laws.

Question 55

Do the laws about attaching a microphone to a telephone apply if you attach a microphone to a person participating in a telephone conversation?

Answer 55

No.

Question 56

Can a person be prosecuted for trespass if they place a listening device on a person's land?

Answer 56

Yes.

Question 57

Can a person be prosecuted if they place a listening device in a person's premise?

Answer 57

Yes.

Question 58

Is it illegal to plant a hidden camera without consent?

Answer 58

No.

Question 59

Is the a general right to your own image?

Answer 59

No.

Question 60

Is there generally anything stopping people taking your photo in a public space?

Answer 60

No.

Question 61

Are there restrictions for taking photos of people on public property?

Answer 61

No.

Question 62

Are there restrictions from photographing people from the air?

Answer 62

No.

Question 63

Are the general legal restrictions on taking photographs in public places?

Answer 63

No.

Question 64

Are there general legal restrictions on making videotapes in public?

Answer 64

No.

Question 65

Is there a general privacy principle to restrict video coverage of a person or event?

Answer 65

No.

Question 66

Can the media record or cover events occurring on private property?

Answer 66

Yes.

Question 67

Does the media need events to cover events occurring on private property?

Answer 67

No.

Question 68

Is it illegal to film someone?

Answer 68

No, as long as the camera is not hidden and the person using it has not trespassed.

Question 69

Do the same rules about filming someone apply to sound recording somebody?

Answer 69

Yes.

Question 70

Do trespass laws apply to taking photographs/filming people on their own land?

Answer 70

No, provided that the person and camera is outside the person's land.

Question 71

Is it an offence to take aerial photographs?

Answer 71

No (but it may be a nuisance).

Question 72

What case upheld the right to record and cover events from outside a property?

Answer 72

Victoria Park Racing and Recreation Ground v Taylor.

Question 73

Under common law, is it legal to enter a property by an obvious route and go to the front door?

Answer 73

Yes.

Question 74

Under the common law, what does the presence of a gate or pathway indicate?

Answer 74

An implied invitation to enter.

Question 75

Is there an implied invitation to enter a shopping centre or shop if the door is open or there is an open or enter sign?

Answer 75

Yes.

Question 76

What is an example of a media organisation having to pay damages for trespass?

Answer 76

Nine network having to pay 310,000 damages after refusing to leave a builder's home (after being told to go).

Question 77

Can a person whose land has been trespassed on sue for damages?

Answer 77

Yes.

Question 78

Why is trespass a tort?

Answer 78

It is a tort because people have a duty of care not to trespass.

Question 79

Why can people who have their land trespassed on sue for trespass?

Answer 79

This is because trespass is a tort.

Question 80

In Queensland, what act covers trespass?

Answer 80

Summary Offences Act 2005.

Question 81

How does the summary offences act make trespass illegal?

Answer 81

It makes it illegal to unlawfully enter, or remain in, a dwelling or the yard for a dwelling or enter, or remain in, a place used as a yard for, or a place used for, a business purpose

Question 82

What is the penalty for trespass under the summary offences act 2005?

Answer 82

A fine or up to a year in jail.

Question 83

What are nuisance laws designed to protect?

Answer 83

A person’s use and enjoyment of their property.

Question 84

What interference can nuisance include?

Answer 84

Fumes, smell and noise.

Question 85

What must nuisance be to be classified as nuisance?

Answer 85

A real distraction from the rights of enjoyment of the occupier.

Question 86

Is being a public nuisance a criminal offence?

Answer 86

Being a public nuisance is a criminal offence. | Public nuisance provisions of the Summary Offences Act targets behaviour such as:

Question 87

Why is being a public nuisance a criminal offence?

Answer 87

To ensure that members of the public can lawfully use and pass through public spaces without interference from acts of nuisance committed by others.

Question 88

What legislation covers public nuisance?

Answer 88

Summary Offences Act.

Question 89

What are examples of behaviour targeted under public nuisance in the summary offences act?

Answer 89

Use of offensive language in some public placesencouraging others to participate in a fight running over car roof-­tops, engaging in sexual acts infering with someone else’s food