FPZ and Department of Education, Training and the Arts

FPZ and Department of Education, Training and the Arts
(210049, 3 June 2008)

Sufficiency of search

The applicant sought access under the Freedom of Information Act 1992 (Qld) to a range of documents relating to grievances concerning the applicant and a subsequent disciplinary matter. The Department of Education, Training and the Arts (Department) conducted broad searches within various sections of the Department and located 596 documents.

On external review, the applicant raised the issue of the sufficiency of the Department’s searches for documents responsive to his request and provided this Office with extensive submissions and documentation in support of his case.  

After careful consideration of the applicant’s submissions, Assistant Commissioner Corby requested that the Department conduct further searches and provide submissions to this Office. The Department performed specific searches with relevant departmental officers and provided the requested submissions to this Office.

Using the principles outlined in Shepherd and Department of Housing, Local Government and Planning (1994) 1 QAR 464, Assistant Commissioner Corby considered the submissions from the applicant and the Department and decided that:

·       in relation to certain documents referred to in a report and an email from an employee of the Department to certain other persons:

o      the documents did exist but could no longer be located by the Department

o      the search efforts made by the Department to locate such documents had been reasonable in all the circumstances of the particular case.

·       in relation to the remaining submissions as to the existence of documents:

o      there were no reasonable grounds to believe that further documents responsive to the applicant’s request existed

o      the search efforts made by the Department to locate documents responsive to the applicant’s request had been reasonable in all the circumstances of the particular case.