Application of Section 42(2) FOI Act

The application of section 42(2) of the FOI Act should be considered before applying the exemptions set out in section 42(1) of the FOI Act.

Relevant considerations

1. Does the relevant information consist of the type of matter listed in section 42(2)(a) of the FOI Act?

 For section 42(2) to apply, the relevant matter must consist of:

• matter revealing that the scope of a law enforcement investigation has exceeded its legal limits
• matter containing the general outline of an agency’s program to deal with breaches or possible breaches of law 
• a report on the success of an agency’s program to deal with breaches or possible breaches of law
• a report prepared by an agency with law enforcement functions (other than those related to criminal law or misconduct under the Crime and Misconduct Act 2001 (Qld)), during a routine law enforcement inspection or investigation; or
• a report on a law enforcement investigation, that has already been provided to the subject of the investigation.

2. Would disclosure, on balance, be in the public interest?

If the information consists of the type of matter listed in section 42(2)(a) of the FOI Act, an agency or Minister must consider whether disclosing the relevant matter would, on balance, be in the public interest.¹

¹GIM and Department of Health (Unreported, Queensland Information Commissioner, 26 November 2008) at paragraph 38.