Overview of Section 42(1)(ca) FOI Act

Section summary

Matter is exempt if there is a reasonably based expectation that its disclosure could result in a person being subjected to a serious act of harassment or intimidation. This exemption is subject to section 42(2) of the FOI Act.

Background

Section 42(1)(ca) was inserted into the FOI Act by the Freedom of Information and Other Legislation Amendment Act 2005 (Qld) and commenced on 31 May 2005. The exemption relates to circumstances where the harm resulting from disclosure falls short of endangering life or physical safety (addressed by section 42(1)(c) of the FOI Act).1

The section was enacted in response to a recommendation of the Legal, Constitutional and Administrative Review Committee Report 32 (Report).2 The Report noted that in some circumstances, disclosure could risk harm to an individual which falls short of endangering their life or physical safety. For example, disclosure could cause an apprehension of harassment or intimidation which does not satisfy section 42(1)(c) of the FOI Act.3

The Acting Information Commissioner discussed the legislative history of the section in Sheridan and South Burnett Regional Council (and Others)4 when interpreting section 42(1)(ca) of the FOI Act.5

Other relevant FOI Act sections

Section 42(2) FOI Act
Section 42(1) of the FOI Act contains other exemptions for matter relating to law enforcement or public safety.

Section 42(2) of the FOI Act excludes certain matter from being exempt under section 42(1) of the FOI Act. Matter is not exempt if:

  • it consists of any of the specific types of matter listed in section 42(2)(a) of the FOI Act; and
  • its disclosure would, on balance, be in the public interest.

1 Legal, Constitutional and Administrative Review Committee, Freedom of Information in Queensland, Report No 32 (2001) at paragraph 11.11.2; see comment on the scope of section 42(1)(c) in Murphy and Treasury Department (1995) 2 QAR 744 at paragraphs 53 and 90-91.
2 Legal, Constitutional and Administrative Review Committee, Freedom of Information in Queensland, Report No 32 (2001).
3 Legal, Constitutional and Administrative Review Committee, Freedom of Information in Queensland, Report No 32 (2001) at paragraph 11.11.2; referring to Murphy and Treasury Department (1995) 2 QAR 744.
4Sheridan and South Burnett Regional Council (and Others)(Sheridan) (Unreported, Queensland Information Commissioner, 9 April 2009).
5Sheridan at paragraphs 161-182.

Last updated: April 24, 2012