BL and Department of Police

BL and Queensland Police Service
(2005 F0766, 16 March 2006)

s.35 – Existence of certain documents

The applicant sought access to any and all documents relating to the basis for suspicion by the Queensland Police Service (QPS) of the possible commission of an offence by the applicant during a specified period.  The QPS advised the applicant that it relied on s.29(5) and s.35 in deciding that all documents to which the FOI access application related, which may or may not exist in the possession of the QPS, were exempt documents. 

Assistant Commissioner Rangihaeata decided to affirm the decision of the QPS, by finding that the QPS was entitled to neither confirm or deny the existence of the type of documents, sought by the applicant in his application to the QPS, as a document of the agency under s.35 of the FOI Act.  AC Rangihaeata found that if such documents existed they would contain exempt matter under s.42(1)(b) of the FOI Act.