De Graaf and Department of Police

Application number:
2006 F0073
Decision date:
Friday, Jun 29, 2007

De Graaf and Queensland Police Service
(2006 F0073, 29 June 2007) 

The application sought review of a decision of the Queensland Police Service (QPS) to refuse to deal with part of his FOI application under section 29B of the FOI Act and to refuse access to the balance of the application under section 28A of the FOI Act. 

Section 29B – Refusal to deal with application – previous application for same documents 

First Assistant Commissioner Rangihaeata found that section 29B of the FOI Act applied to documents described in certain parts of the FOI application on the following basis: 

29B(4)(a)(ii) – where the QPS decision on the applicant’s earlier FOI application for the same documents had been the subject of a completed external review under Part 5 of the FOI Act or

29B(4)(d)(iii) – where the QPS had decided that the documents sought under the earlier application were exempt from disclosure. 

Section 28A – Refusal of access – document nonexistent or unlocatable 

First Assistant Commissioner Rangihaeata found that the searches conducted by the QPS for any documents sought under certain parts of the FOI application had been reasonable in all the circumstances of the case, and that there were no reasonable grounds to believe that further documents existed in the possession or control of the QPS.