Banks and Queensland Corrective Services Commission

Application number:
1993 S0039
Decision date:
Tuesday, Feb 25, 1997

Banks and Queensland Corrective Services Commission
(1993 S0039, 25 February 1997) 

The Information Commissioner first dealt with a 'sufficiency of search' issue, which the Commissioner approached according to the principles set out in Shepherd and Department of Housing, Local Government and Planning (1994) 1 QAR 464. 

The Information Commissioner determined that, following the location of additional documents in the course of the review, there were no reasonable grounds to believe that the respondent held further documents falling within the terms of the initial FOI access application. The Information Commissioner then determined that, under s.22(a), the respondent was entitled to refuse the applicant access to a report by a psychologist and a psychiatrist, tendered at the applicant's trial, on the basis that it was reasonably open to public access under an enactment.

The Information Commissioner found that some matter which referred to a complaint by another prisoner, and the name of a person who was making a claim for compensation, was exempt matter under s.44(1) - the personal affairs exemption. The Information Commissioner also decided that some matter which comprised a complaint by a prison officer against other prison officers was exempt matter under s.46(1)(b) - matter communicated in confidence. It appeared that this matter did not refer to the applicant at all, and had apparently been misfiled.