DLN and Department of Police

Application number:
2004 F0074
Decision date:
Friday, Apr 16, 2004

DLN and Queensland Police Service
 (2004 F0074, 16 April 2004) 

Personal affairs 

The applicant sought access to a statement made to the respondent by his former wife concerning an alleged domestic incident that involved the applicant, his former wife, and their children. 

Applying the principles in Stewart and Department of Transport (1993) 1 QAR 227, Assistant Commissioner Moss found that the matter in issue was properly to be characterised either as information which solely concerned the personal affairs of persons other than the applicant, or as information which concerned the shared personal affairs of the applicant and other members of his family. 

AC Moss referred to the principles in B and Brisbane North Regional Health Authority (1994) 1 QAR 279 regarding shared personal affairs matter, and decided that all of the matter in issue was prima facie exempt from disclosure under s.44(1) of the FOI Act, subject to the application of the public interest balancing test incorporated within s.44(1).  AC Moss then evaluated the public interest considerations weighing for and against disclosure of the matter in issue, and decided that disclosure of the matter in issue would not, on balance, be in the public interest.