Key published decisions applying Section 42(1)(i) FOI Act

Prisoners’ Legal Service Inc and Queensland Corrective Services Commission (Unreported, Queensland Information Commissioner, 27 March 1997)

The applicant sought access to a report (Report) prepared by the Director of Audit and Investigations into the fatal assault of a prisoner. Queensland Corrective Services Commission (QCSC) refused access to the relevant matter, relying on a number of FOI provisions including section 42(1)(i) of the FOI Act.

The Information Commissioner was satisfied that part of the Report was exempt from disclosure under section 42(1)(i) of the FOI Act and the nature of that exempt matter could not be revealed in the decision. [21]

Nonetheless, the Information Commissioner found that disclosing information comprising:

• details of the prison’s noncompliance with prescribed safety and security procedures
• general systems of control for prisoner movement
• security measures for prison gymnasium
• the Report’s recommendations for change, which were later implemented

could not be reasonably expected facilitate a person’s escape from the prison because the matter would have been known to the prison population. [22, 25-28] Disclosing details into a fatal assault could not reasonably be expected to facilitate a person’s escape from the prison because these details were previously discussed in open court. [23]

Accordingly, some relevant matter was exempt under section 42(1)(i) of the FOI Act.