Application of Section 50(a) FOI Act

Relevant considerations

1. Would public disclosure of the matter in issue be ‘in contempt of court’?

a) Public disclosure

In Sharples and Queensland Police Service,2the Assistant Information Commissioner noted that the words ‘public disclosure’ in section 50 of the FOI Act require a different consideration to that required by other exemptions in the Act.3 When considering the effect of ‘public disclosure’ of the relevant matter, the effect of limited disclosure for the benefit of a particular individual is not relevant. Rather, the consideration is whether intentional and general disclosure of the relevant matter, eg through tabling or authorised publication, would have the effect anticipated by the relevant section 50 exemption.4

b) Contempt of court

The Information Commissioner was satisfied that public disclosure of matter that has the tendency to interfere, or is intended to interfere, with the pending fair trial of a criminal or civil proceeding may amount to a contempt of court.5 For example, information that may influence potential witnesses may be exempt from disclosure under section 50(a) of the FOI Act.6

Contempt of court will not arise simply because the matter is relevant to a concurrent civil or criminal proceeding.7

2 Sharples and Queensland Police Service (Unreported, Queensland Information Commissioner, 7 December 2001). [up]
3 The decision considered the application of section 50(c) of the FOI Act, however the test for ‘public disclosure’ is relevant to all section 50 FOI Act exemptions. [up]
4 Sharples and Queensland Police Service (Unreported, Queensland Information Commissioner, 7 December 2001) at paragraph 20. [up]
5 Henderson and Department of Education (Unreported, Queensland Information Commissioner, 22 July 2007) at paragraph 23. [up]
6 Henderson and Department of Education (Unreported, Queensland Information Commissioner, 22 July 2007) at paragraph 24. [up]
7 Henderson and Department of Education (Unreported, Queensland Information Commissioner, 22 July 2007) at paragraph 25. [up]

Last updated: March 5, 2012