EC and Department of Corrective Services
(2006 F0309, 25 October 2006)
section 11E – risk assessment document
The applicant is a prisoner who is subject to a parole order. He applied for access to a report prepared by an officer of the Department’s Assessment Unit used by the Queensland Community Corrections Board to determine his application for post-prison community based release.
Information Commissioner Taylor was satisfied that the applicant was an “offender” for the purposes of section 11E. She noted that although the applicant is no longer incarcerated and is living in the community subject to a parole order, under section 214 of the Corrective Services Act 2006 he is taken to be serving a term of imprisonment for a prescribed offence. Information Commissioner Taylor decided that the document in issue was properly characterised as a risk assessment document and noted that she had no discretion to consider the reasons why the applicant was seeking access. The applicant was not entitled to access the document in issue under section 11E of the FOI Act.