Key published decisions applying Schedule 3, section 10(1)(f) RTI Act

The applicant sought access to copies of police staffing rosters for the Surfers Paradise Police Station. The Department of Police (QPS) refused access to the rosters under sections 47(3)(a) and 48 of the RTI Act on the basis that the documents comprised exempt information under schedule 3, section 10(1)(f) of the RTI Act.

Is there was an identifiable method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law

The RTI Commissioner considered whether the police rosters comprised an identifiable method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law. [15]

Identifiable method or procedure

QPS's submissions indicated that rostering was undertaken by senior staff, taking into account crime rates and operational requirements of the specific area. QPS also indicated that the rosters provide specific and detailed knowledge of policing rosters not readily available through other means and that such information would allow criminals to 'risk manage' any planned unlawful activity. [14]

The RTI Commissioner referred to the decision in Chapman v Commissioner of Police¹ (Chapman) in which the Administrative Decisions Tribunal of NSW considered an exemption similar to that in schedule 3, section 10(1)(f) of the RTI Act. In Chapman, it was held that:

… rostering is a method for allocating staff to particular duties but…the ultimate aim of rostering police to perform particular duties at particular times is the prevention, detection and investigation of contraventions of the law.

The RTI Commissioner was satisfied on the basis of QPS's submissions and the reasoning in Chapman, that the police rosters comprised a method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law. [18]

Whether it was reasonable to expect that disclosing the information could reasonably be expected to prejudice the effectiveness of the method or procedure

The RTI Commissioner was satisfied that the rosters comprised information: [22]

not readily available through other means
that could be used by third parties to further criminal activity and subvert police attention.

The RTI Commissioner noted that: [23]

the rosters, while historical documents, may reflect the rostering methodology of current or future rosters
if the rosters were released, QPS would need to either ignore the substantial risk that the information would be used to facilitate criminal activity or change the method of rostering, which would result in it using a less than optimal rostering system.

The RTI Commissioner was therefore satisfied that disclosing the information could be expected to prejudice the effectiveness of the method or procedure of rostering.

As to whether the expectation was reasonably based, the RTI Commissioner referred to Sheridan and South Burnett Regional Council (and Others).² Specifically, the RTI Commissioner referred to the following relevant factors, identified in Sheridan:

past conduct or a pattern of previous conduct
the nature of the relevant information in issue
the nature of the relationship between the parties and/or relevant third parties
relevant contextual and/or cultural factors.

The RTI Commissioner took account of QPS's submission that criminals had previously used seemingly innocuous information to avoid detection and thereby further criminal activity. She was satisfied that disclosing the information could reasonably be expected to prejudice the effectiveness of the method or procedure of rostering.

Accordingly, the information was refused access under sections 47(3)(a), 48 and schedule 3, section 10(1)(f) of the RTI Act.

1 Chapman v Commissioner of Police [2004] NSWADT 35. [up]
2 Sheridan and South Burnett Regional Council (and Others) (Unreported, Queensland Information Commissioner, 9 April 2009). [up]

Last updated: April 10, 2012

Key published decisions applying Schedule 3, section 10(1)(f) RTI Act

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