Queensland Numbered Acts Queensland Numbered Acts(1) For section 47(3)(e), a document is nonexistent or unlocatable if--
(a) the agency or Minister dealing with the application for access is satisfied the document does not exist; or
Example--
a document that has not been created
(b) the agency or Minister dealing with the application for access is satisfied--
(i) the document has been or should be in the agency's or Minister's possession; and
(ii) all reasonable steps have been taken to find the document but the document can not be found.
Examples--
a document that has been lost
a document that has been disposed of under an authority given by the State Archivist
Note--
Under the Public Records Act 2002, section 13, it is an offence to dispose of a public record without authority.
(2) Before an agency or Minister may be satisfied under subsection (1)(a) that a prescribed document does not exist, a search for the document from a backup system is required, but only if the agency or Minister considers the document has been kept in, and is retrievable from, the backup system.
(3) Subject to subsection (2), a search for a document from a backup system is not required before the document is nonexistent or unlocatable for section 47(3)(e).
(4) In this section--
prescribed document means a document that--
(a) is a document required to be kept under the Public Records Act 2002; and
(b) is not a document that the agency or Minister could lawfully have disposed of under the Public Records Act 2002.