Key published decisions applying Section 11E FOI Act
The applicant sought access to a copy of his psychological report (Report). The Department of Corrective Services (Department) decided the applicant was not entitled to obtain the Report in accordance with section 11E of the FOI Act.
In determining whether section 11E of the FOI Act applied, the Acting Assistant Commissioner considered whether:
- the applicant was an 'offender';
- the matter in issue was a 'risk assessment document'; and
- the matter in issue was received or brought into existence by the department in which the Corrective Services Act 2006 (Qld) was administered.
Is the applicant is an 'offender'?
The applicant was detained in a corrective services facility, serving a period of imprisonment for numerous offences, including offences against section 302 of the Criminal Code. An offence against section 302 of the Criminal Code was a 'prescribed offence' for the purpose of the definition in section 11E(2) of the FOI Act. [39] Accordingly, the Acting Assistant Commissioner was satisfied the applicant was an 'offender'. [40]
Was the relevant matter a 'risk assessment document'?
The Acting Assistant Commissioner considered the purpose of the Report was to examine the risks that the applicant might pose to the security and good order of the correctional services facility (the prison), in which the applicant was incarcerated at the time.
As the Report assessed a risk to the security or good order of a corrective service facility, the Acting Assistant Commissioner was satisfied that the report constituted a 'risk assessment document' for the purpose of section 11E of the FOI Act: [44]
Was the relevant matter received or brought into existence by the department in which the Corrective Services Act 2006 (Qld) is administered?
Although the name of the Department had changed, the Department still administered by the Corrective Services Act 2006 (Qld). Accordingly, the Acting Assistant Commissioner was satisfied the Report was brought into existence by the department which administered the Corrective Services Act 2006 (Qld). [45-50]
The applicant submitted that the Report was initiated by his solicitors and not the Department. However, the Acting Assistant Commissioner was of the view that the Report was brought into existence by the Department, because an employee of the Department created the report. [49]
Accordingly, the applicant was not entitled to obtain access to the Report under section 11E of the FOI Act. [52]
The applicant sought access to a copy of his Assessment Unit Report (Report). The Department of Corrective Services (Department) decided the applicant was not entitled to obtain the Report in accordance with section 11E of the FOI Act.
Is the applicant is an 'offender'?
The applicant, who was convicted of murder, was released from a correctional facility into the community pursuant to a post-prison community based release. [17] However, section 214 of the Corrective Services Act 2006 (Qld) provides that a prisoner who is released on parole is taken to be still serving the sentence imposed on the prisoner. [18]
Accordingly, as the applicant was currently serving a sentence for a conviction of murder, which falls within the definition of 'prescribed offence'. Accordingly the Information Commissioner was satisfied the applicant was an 'offender'. [20]
Is the relevant matter a 'risk assessment document'?
The Information Commissioner was satisfied the Report was a 'risk assessment document' because it contained information regarding the applicant's offending history and various other information used by the Queensland Community Corrections Board in assessing the risk that the applicant posed to the community. [21-28]
Was the relevant matter received or brought into existence by the department in which the Corrective Services Act 2006 (Qld) is administered?
The Information Commissioner was satisfied the Report was brought into existence by the department in which the Corrective Services Act 2006 (Qld) was administered. [22]
Accordingly, the applicant was not entitled to obtain access to the Report under section 11E of the FOI Act. [30]
Last updated: March 5, 2012
