Relevant decisions from other jurisdictions

Rogers v Chief Commissioner of Police (General) (2009) VCAT 2526

This decision considered section 31(1)(e) of the Freedom of Information Act 1982 (Vic) which provides:

31 Law enforcement documents

(1) Subject to this section, a document is an exempt document if its disclosure under this Act would, or would be reasonably likely to -

…

(e) endanger the lives or physical safety of persons engaged in or in connection with law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law.

The applicant sought access to prison CCTV footage and an audio tape depicting an alleged assault by prison officers against the applicant. The tribunal held that disclosure would endanger the lives and safety of all prison officers working in the Banksia Unit, because the footage would reveal various operations and methods of operation employed by the prison.

Access was refused to the footage, on a number of grounds including section 31(1)(e) of the FOI Act (Vic).