GDW and Department of Police

Application number:

2003 F0373

Decision date:

Thursday, Nov 20, 2003

GDW and Queensland Police Service
(2003 F0373, 20 November 2003)

Personal affairs

The applicant sought access to documents concerning two complaints made to the respondent by the applicant's daughter. Both complaints concerned allegations of sexual abuse. 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 her 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.