Drinkwater and Department of Corrective Services

Drinkwater and Queensland Corrective Services
(210361, 18 February 2008)

Section 42(1)(h) Matter relating to law enforcement or public safety

The applicant sought access to three Intelligence Reports held by Queensland Corrective Services (QCS).  QCS refused the applicant access on the basis that release of the Intelligence Reports could reasonably be expected to prejudice a system or procedure for the protection of persons, property or environment and claimed they were therefore exempt from disclosure under section 42(1)(h) of the Freedom of Information Act 1992 (Qld) (FOI Act).   Applying the principles set out in Ferrier and Queensland Police Service (1996) 3 QAR 350, Assistant Commissioner Henry decided that the reports were exempt from disclosure in their entirety under section 42(1)(h) of the FOI Act.

Sufficiency of search

The applicant submitted that a particular email existed in the possession of QCS, based on a reference to an email in an Incident Report which had been provided to him.  Assistant Commissioner Henry applied the principles set out in Shepherd and Department of Housing, Local Government and Planning (1994) 1 QAR 464 and was satisfied that the applicant had raised reasonable grounds to believe that an email existed.  The agency conducted further searches and located an email, which it believed was the email referred to in the Incident Report.  Assistant Commissioner Henry decided that this email was the only email relevant to the issue identified by the applicant, and should be released in full to the applicant.